[House Report 112-467]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-467
======================================================================
MASS TRANSIT INTELLIGENCE PRIORITIZATION ACT
_______
May 8, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. King of New York, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 3140]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 3140) to amend the Homeland Security Act of 2002
to direct the Secretary of Homeland Security to prioritize the
assignment of officers and analysts to certain State and urban
area fusion centers to enhance the security of mass transit
systems, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
The purpose of H.R. 3140 is to amend the Homeland Security
Act of 2002 to direct the Secretary of Homeland Security to
prioritize the assignment of officers and analysts to certain
State and urban area fusion centers to enhance the security of
mass transit systems.
Background and Need for Legislation
This bill directs the Secretary of Homeland Security to
prioritize the assignment of intelligence officers and
analysts, including those from the Transportation Security
Administration (TSA), to participate at State and urban area
fusion centers located in high-risk jurisdictions with mass
transit systems.
Mass transit systems have consistently been targets for
terrorists and have been the site of some of the most horrific
acts of terror since 9/11. In 2004, al Qaeda detonated multiple
explosives during morning rush hour on the packed commuter
trains of Madrid, Spain, killing 191 people. A little more than
a year later, in July 2005 in London, a terrorist cell linked
to al Qaeda carried out four-suicide bombings--three on the
London Underground and one on a double decker bus--killing more
than 50 individuals. In September 2009, Najibullah Zazi was
arrested in New York City for allegedly plotting to blow up New
York City subways. In addition, intelligence gathered from
Osama bin Laden's compound showed al Qaeda's continued intent
to strike mass transit.
This bill further requires that the officers assigned to
these fusion centers have, as a primary responsibility, the
production of mass transit intelligence products in
coordination with officials from the State, local, and tribal
law enforcement agencies. Such a requirement will help them
better deploy their resources to most efficiently detect and
stop acts of terrorism against mass transit systems.
Hearings
No hearings were held on H.R. 3140 in the 112th Congress;
however the Committee conducted oversight hearings on the
issues involved.
On March 4, 2011 the Committee on Homeland Security held a
hearing entitled, ``Securing Our Nation's Mass Transit Systems
Against a Terrorist Attack.'' The Committee received testimony
from the Honorable John S. Pistole, Administrator,
Transportation Security Administration, Department of Homeland
Security; The Honorable W. Craig Fugate, Administrator, Federal
Emergency Management Agency, Department of Homeland Security;
Mr. Richard Daddario, Deputy Commissioner for Counterterrorism,
New York City Police Department; Mr. Richard L. Rodriguez,
President, Chicago Transit Authority; Mr. Daniel O. Hartwig,
Deputy Chief for Operations, BART Police Department, San
Francisco Bay Area Rapid Transit (BART).
On July 12, 2011 the Subcommittee on Transportation
Security held a hearing entitled, ``Industry Perspectives:
Authorizing the Transportation Security Administration for FY
2012 and 2013.'' The Subcommittee received testimony from Mr.
Tom Farmer, Assistant Vice President, Security Safety &
Operations, American Association of Railroads; Mr. Martin
Rojas, Vice President, Security and Operations, American
Trucking Association; Ms. Wanda Dunham, Chief of Police and
Emergency Management, Metropolitan Atlanta Rapid Transit
Authority, MARTA Police Headquarters; Mr. Raymond Reese,
Corporate Health, Safety and Security Leader, Colonial Pipeline
Company; Mr. John Risch, Alternate National Legislative
Director, United Transportation Union; Mr. Mark Van Tine, Chief
Executive Officer, Jeppesen; Mr. Nicholas E. Calio, President &
Chief Executive Officer, Air Transport Association; Mr.Steve
Alterman, President, Cargo Airline Association; and
Mr.Christopher Witkowski, Director, Air Safety, Health, and
Security, Association of Flight Attendants.
On October 5, 2011 the Subcommittee on Counterterrorism and
Intelligence held a hearing entitled, ``Intelligence Sharing
and Terrorist Travel: How DHS Addresses the Mission of
Providing Security, Facilitating Commerce and Protecting
Privacy for Passengers Engaged in International Travel.'' The
Subcommittee received testimony from Ms. Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security; Mr.
Thomas Bush, Executive Director of Automation and Targeting,
Office of Intelligence and Investigative Liaison, Customs and
Border Protection; and Hon. David Heyman, Assistant Secretary
for Policy, Department of Homeland Security.
On May 3, 2011 the Subcommittee on Counterterrorism and
Intelligence held a hearing entitled, ``The Threat to the U.S.
Homeland Emanating from Pakistan.'' The Subcommittee received
testimony from Dr. Seth Jones, Senior Political Scientist, The
RAND Corporation; Mr. Shuja Nawaz, Director, South Asia Center,
The Atlantic Council; Mr. Stephen Tankel, Visiting Fellow,
South Asia Program, The Carnegie Endowment for International
Peace; and Dr. Frederick Kagan, Resident Scholar and Director,
American Enterprise Institute Critical Threats Project.
Committee Consideration
The Subcommittee on Counterterrorism and Intelligence met
on November 15, 2011, to consider H.R. 3140, and ordered the
measure to be reported to the Full Committee with a favorable
recommendation, without amendment, by voice vote.
The Committee met on March 28, 2012, to consider H.R. 3140,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R.3140.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the
Rules of the House of Representatives, the Committee finds that
H.R. 3140, the Mass Transit Intelligence Prioritization Act,
would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
April 19, 2012.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional budget Office has
prepared the enclosed cost estimate for H.R. 3140, the Mass
Transit Intelligence Prioritization Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3140--Mass Transit Intelligence Prioritization Act
Under current law, the Department of Homeland Security
(DHS) assigns federal officers and analysts to work at state
and local ``fusion centers,'' which are hubs for gathering and
sharing information about potential threats to public safety.
H.R. 3140 would direct the Secretary of Homeland Security to
make it a priority to assign federal staff to fusion centers in
high-risk areas with mass transit systems.
Based on information from DHS, CBO estimates that
implementing H.R. 3140 would have no significant impact on the
federal budget. According to the department, the requirement to
prioritize staff assignments to high-risk fusion centers with
mass transit systems is consistent with current administrative
practices, and CBO does not expect that codifying that
requirement would significantly affect the number of staff
assigned to fusion centers or the federal spending for related
activities. Enacting H.R. 3140 would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 3140 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 3140 contains no general
performance goals, and objectives, including outcome related
goals and objectives authorized.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 3140 does
not preempt any State, local, or Tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides that bill may be cited as the ``Mass
Transit Intelligence Prioritization Act.''
Sec. 2. Mass transit intelligence prioritization at Department of
Homeland Security fusion centers
This section requires the Secretary of Homeland Security to
prioritize the assignment of officers and analysts of the
Department of Homeland Security to fusion centers in high-risk
areas with mass transit systems. These officers and analysts,
including employees of the Transportation Security
Administration, to assist Federal, State, local, and Tribal law
enforcement authorities in enhancing mass transit security.
The primary responsibility of these officers and analysts
is to create and provide mass transit-related intelligence
products to law enforcement authorities to ensure proper
deployment of resources, promote information sharing, and
enhance the Department's situational awareness with respect to
the security of mass transit systems.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL
FUSION CENTER INITIATIVE.
(a) * * *
* * * * * * *
(f) Mass Transit Intelligence Prioritization.--
(1) In general.--The Secretary shall make it a
priority to assign officers and intelligence analysts
under this section from the Department, including the
Transportation Security Administration, to
participating State and urban area fusion centers
located in high-risk jurisdictions with mass transit
systems in order to enhance the security of such mass
transit systems by assisting Federal, State, local, and
tribal law enforcement authorities in identifying,
investigating, and otherwise interdicting persons,
weapons, and contraband that pose a threat to homeland
security.
(2) Mass transit intelligence products.--When
performing the responsibilities described in subsection
(d), officers and intelligence analysts assigned to
participating State and urban area fusion centers under
this section shall have, as a primary responsibility,
the creation of mass transit intelligence products
that--
(A) assist State, local, and tribal law
enforcement agencies in deploying their
resources most efficiently to help detect and
interdict terrorists, weapons of mass
destruction, and contraband at mass transit
systems of the United States;
(B) promote more consistent and timely
dissemination of mass transit security-relevant
information among jurisdictions with mass
transit systems; and
(C) enhance the Department's situational
awareness with respect to the threat of acts of
terrorism at or involving mass transit systems
of the United States.
[(f)] (g) Database Access.--In order to fulfill the
objectives described under subsection (d), each officer or
intelligence analyst assigned to a fusion center under this
section shall have appropriate access to all relevant Federal
databases and information systems, consistent with any
policies, guidelines, procedures, instructions, or standards
established by the President or, as appropriate, the program
manager of the information sharing environment for the
implementation and management of that environment.
[(g)] (h) Consumer Feedback.--
(1) * * *
* * * * * * *
[(h)] (i) Rule of Construction.--
(1) * * *
* * * * * * *
[(i)] (j) Guidelines.--The Secretary, in consultation with
the Attorney General, shall establish guidelines for fusion
centers created and operated by State and local governments, to
include standards that any such fusion center shall--
(1) * * *
* * * * * * *
[(j)] (k) Definitions.--In this section--
(1) * * *
* * * * * * *
[(k)] (l) Authorization of Appropriations.--There is
authorized to be appropriated $10,000,000 for each of fiscal
years 2008 through 2012, to carry out this section, except for
[subsection (i)] subsection (j), including for hiring officers
and intelligence analysts to replace officers and intelligence
analysts who are assigned to fusion centers under this section.
* * * * * * *