[House Report 111-347]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-347
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SENSE OF THE HOUSE REGARDING TSA ACTION TO SECURE SURFACE
TRANSPORTATION
_______
December 1, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H. Res. 28]
The Committee on Homeland Security, to whom was referred
the resolution (H. Res. 28) expressing the sense of the House
of Representatives that the Transportation Security
Administration should, in accordance with the congressional
mandate provided for in the Implementing Recommendations of the
9/11 Commission Act of 2007, enhance security against terrorist
attack and other security threats to our Nation's rail and mass
transit lines, having considered the same, report favorably
thereon with amendments and recommend that the resolution as
amended be agreed to.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
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....................................................... 4
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 4
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
The amendments are as follows:
Strike all after the resolving clause and insert the
following:
That it is the sense of the House of Representatives that the
Transportation Security Administration should--
(1) continue to enhance security against terrorist attack and other
security threats to our Nation's rail and mass transit systems and
other modes of surface transportation, including as provided for in the
Implementing Recommendations of the 9/11 Commission Act of 2007 (Public
Law 110-53) and the Transportation Security Administration
Authorization Act of 2009 (H.R. 2200 in the 111th Congress);
(2) continue development of the National Explosives Detection
Canine Team Program, which has proven to be an effective tool in
securing against explosives threats to our Nation's rail and mass
transit systems, with particular attention to the application of its
training standards and the establishment of a reliable source of
domestically bred canines;
(3) improve upon the success of the Online Learning Center by
providing increased person-to-person professional development programs
to ensure those responsible for securing our surface transportation
systems against terrorist attack are highly trained in both securing
those systems against terrorist attack and professional relations with
the traveling public; and
(4) continue to secure our Nation's mass transit and rail systems
against terrorist attack and other security threats, so as to ensure
the security of commuters on our Nation's rail and mass transit systems
and prevent the disruption of rail lines critical to our Nation's
economy.
Amend the preamble to read as follows:
Whereas the Transportation Security Administration is uniquely positioned
to lead the efforts to secure our Nation's rail and mass transit systems
and other modes of surface transportation against terrorist attack as a
result of expertise developed over six years of securing our Nation's
commercial air transportation system;
Whereas the successes of the Transportation Security Administration's
National Explosives Detection Canine Team Program has furthered the
Transportation Security Administration's ability to secure our Nation's
transportation systems against terrorist attack by preventing and
protecting against explosives threats;
Whereas each weekday 11,300,000 passengers depend on our Nation's mass
transit systems as a means of transportation;
Whereas rail and mass transit systems serve as an enticing target for
terrorists and terrorist organizations, such as Al Qaeda, as evidenced by
the March 11, 2004, attack on the Madrid, Spain, rail system, the July 7,
2005, attack on the London, England, mass transit system, and the July 11,
2006, and November 26, 2008, attacks on the Mumbai, India, rail system;
Whereas the Transportation Security Administration Authorization Act of
2009, which was passed by the House of Representatives on June 4, 2009, in
an overwhelming and bipartisan manner, expresses Congress' commitment to
bolstering the security of rail and mass transit systems; and
Whereas securing our Nation's rail and mass transit systems against
terrorist attack and other security threats is essential due to their
impact on our Nation's economic stability and the continued functioning of
our national economy: Now, therefore, be it
Amend the title so as to read:
Resolution expressing the sense of the House of
Representatives that the Transportation Security Administration
should, in accordance with the congressional mandate provided
for in the Implementing Recommendations of the 9/11 Commission
Act of 2007 as well as other statutes, enhance security against
terrorist attack and other security threats to our Nation's
rail and mass transit systems and other modes of surface
transportation.
PURPOSE AND SUMMARY
The purpose of H. Res. 28 is to express the sense of the
House of Representatives that the Transportation Security
Administration should, in accordance with the congressional
mandate provided for in the Implementing Recommendations of the
9/11 Commission Act of 2007, enhance security against terrorist
attack and other security threats to our Nation's rail and mass
transit lines.
BACKGROUND AND NEED FOR LEGISLATION
More than two years after enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-
53), and more than five months after the House of
Representatives passed the Transportation Security
Administration (TSA) Authorization Act of 2009 (H.R. 2200),
there is much still to be done to secure rail and mass transit
systems in the United States from the threat of terrorist
attack. In light of this, and with an eye to the bombings of
mass transit systems in Madrid, Spain; London, England; and
Mumbai, India that occurred in recent years, H. Res. 28
instructs TSA to continue and strengthen its efforts to secure
rail systems, mass transit systems, and school transportation
systems across the country and to build on their successful
programs, such as the National Explosives Detection Canine Team
Program and Online Learning Center.
HEARINGS
No hearings were held on H. Res. 28. However the Committee
held oversight hearings including:
On March 11, 2009, the Subcommittee on Transportation
Security and Infrastructure Protection held a hearing entitled
``The Mumbai Attacks: A Wake-Up Call for America's Private
Sector.'' The Subcommittee received testimony from Mr. James
Snyder, Deputy Assistant Secretary, Infrastructure Protection,
Department of Homeland Security; Mr. Raymond W. Kelly,
Commissioner, New York Police Department; Mr. James W.
McJunkin, Deputy Assistant Director, Counterterrorism Division,
Federal Bureau of Investigation; Ms. C. Christine Fair, Senior
Political Scientist, RAND Corporation; Mr. Brad Bonnell,
Director, Global Security, InterContinental Hotels Group; and
Mr. William G. Raisch, Executive Director, International Center
for Enterprise Preparedness, New York University.
On June 10, 2009, the Subcommittee on Transportation
Security and Infrastructure Protection held a hearing entitled
``The FY 2010 Budget for the National Protection and Programs
Directorate and the Transportation Security Administration.''
The Subcommittee received testimony from Mr. Philip R.
Reitinger, Deputy Undersecretary, National Protection and
Programs Directorate, Department of Homeland Security; and Ms.
Gale D. Rossides, Acting Administrator, Transportation Security
Administration, Department of Homeland Security.
COMMITTEE CONSIDERATION
The Committee on Homeland Security met on November 17,
2009, to consider H. Res. 28, and ordered the resolution to be
reported to the House with a favorable recommendation, amended,
by voice vote. The Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Ms.
Jackson-Lee (#1); was AGREED TO by unanimous consent.
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.
Res. 28.
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. Res. 28 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives, and Section 402 of the Congressional Budget
Act of 1974 do not apply, as H. Res. 28 is not a bill or joint
resolution.
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. Res. 28 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This resolution is intended to emphasize to the
Transportation Security Administration (TSA) that the House of
Representatives strongly urges TSA to strengthen and focus its
efforts to enhance security of rail and mass transit systems
against terrorist attack.
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
H. Res. 28 provides no Federal mandates.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
CONSTITUTIONAL AUTHORITY STATEMENT
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives does not apply, as H. Res. 28 is not a bill or
joint resolution.
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
This resolution directs the Transportation Security
Administration (TSA) to continue enhancing security for rail
and mass transit systems, particularly as provided for in the
Implementing Recommendations of the 9/11 Commission Act of 2007
(P.L. 110-53) and suggested in the TSA Authorization Act of
2009 (H.R. 2200).
This resolution recognizes the Transportation Security
Administration (TSA) as uniquely positioned to lead Federal
efforts to secure rail and mass transit systems in the United
States, and notes the National Explosives Detection Canine Team
Program as a particularly effective resource. This resolution
also recognizes the daily volume of passengers that use mass
transit systems and cites examples of recent terrorist attacks
on rail and transit systems to emphasize the need to protect
the traveling public. In addition, this resolution cites the
passage of the TSA Authorization Act (H.R. 2200) by the House
of Representatives as evidence of its commitment to
strengthening security of rail and mass transit systems and
asserts that securing such systems is critical to protecting
the U.S. economy.
Paragraph 1 encourages TSA to continue its efforts to
secure rail and mass transit systems, as required by P.L. 110-
0953 and as suggested by H.R. 2200.
Paragraph 2 notes the effectiveness of the National
Explosives Detection Canine Team Program at TSA and supports
further development of the program, its training standards, and
establishment of a reliable source of domestically bred
canines.
Paragraph 3 suggests that TSA can improve on the success of
the Online Learning Center by providing increased person-to-
person professional development programs to ensure that
employees receive adequate training in customer relations with
the traveling public to complement security training.
Paragraph 4 urges TSA to continue efforts to secure rail
and transit systems so that the traveling public and the
economy are protected from acts of terrorism.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H. Res. 28 makes no changes to existing law.