[House Report 110-716]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-716

======================================================================
 
     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

                                _______
                                

   June 17, 2008.--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. 1150]

    The Committee on Homeland Security, to whom was referred 
the resolution (H. Res. 1150) 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 be 
agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     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..............................     4
Section-by-Section Analysis of the Legislation...................     5

    The amendments are as follows:
    Strike all after the enacting resolving clause and insert 
the following:

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 lines, as well 
as school transportation systems, including as provided for in the 
Implementing Recommendations of the 9/11 Commission Act of 2007 (Public 
Law 110-53);
    (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 lines, 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 against terrorist attacks on 
our transportation systems are highly trained in both securing against 
terrorist attacks and professional relations with the traveling public; 
and
    (4) continue to secure our Nation's mass transit and rail lines 
against terrorist attack and other security threats, so as to ensure 
the security of commuters on our Nation's mass transit lines and 
prevent the disruption of rail lines critical to our Nation's economy, 
and to give special attention to school transportation systems by 
working with school administrators, State and local law enforcement, 
and other representatives in the school transportation industry to keep 
children safe from terrorist attack.

    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 lines from 
the threat of terrorism as a result of expertise developed through over 
five 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 provide security 
against terrorist attacks on the Nation's transportation systems by 
preventing and protecting against explosives threats;

Whereas each weekday 11,300,000 passengers depend on our Nation's mass 
transit lines as a means of transportation, and mass transit lines serve as 
an enticing target for terrorists as evidenced by the March 11, 2004, 
attack on the Madrid, Spain, mass transit system, the July 7, 2005, attack 
on the London, England, mass transit system, and the July 11, 2006, attack 
on the Mumbai, India, mass transit system;

Whereas each weekday more than 25 million children depend on our Nation's 
school transportation system, in addition to mass transit systems, to get 
to and from school and school activities, and the security of these systems 
must be enhanced to address the threat of terrorism; and

Whereas securing our Nation's rail and mass transit lines from 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

                          PURPOSE AND SUMMARY

    The purpose of H. Res. 1150 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

    On the eve of the one-year anniversary of the passage and 
signing of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (P.L. 110-53), 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. 1150 instructs the Transportation 
Security Administration (TSA) to continue and strengthen 
efforts to secure rail lines, mass transit lines, and school 
transportation systems across the country and to build on their 
successful programs, such as the National Explosives Detection 
Canine Team and Online Learning Center programs.

                                HEARINGS

    No Committee hearings were held on H. Res. 1150.

                        COMMITTEE CONSIDERATION

    H. Res. 1150 was introduced in the House on April 25, 2008, 
by Ms. Jackson-Lee of Texas and Mr. Thompson of Mississippi. H. 
Res. 1150 was referred solely to the Committee on Homeland 
Security. Within the Committee, the resolution was referred to 
the Subcommittee on Transportation Security and Infrastructure 
Protection.
    The Subcommittee on Transportation Security and 
Infrastructure Protection of the Committee on Homeland Security 
met, pursuant to notice, in open markup session, a quorum being 
present, on Thursday, May 1, 2008, in 311 Cannon House Office 
Building to consider H. Res. 1150, expressing the sense of the 
House of Representatives that the Transportation Security 
Administration should, in accordance 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.
    The Subcommittee adopted H. Res. 1150, without amendment, 
by voice vote.
    The Chairman discharged the Subcommittee on Transportation 
Security and Infrastructure Protection from further 
consideration of H. Res. 1150 on May 20, 2008.
    The Committee on Homeland Security considered H. Res. 1150 
on May 20, 2008, and ordered the measure reported to the House 
with a favorable recommendation, as amended, by unanimous 
consent.
    The following amendments were offered:

          An amendment offered by Mr. Rogers (#1); on page 3, 
        line 3, strike ``lines;'' and insert ``line, with 
        particular attention to the application of its training 
        standards and the establishment of a reliable source of 
        domestically-bred canines.''; was AGREED TO by voice 
        vote.
          An amendment offered by Mr. Etheridge (#2); inserting 
        clauses relating to school transportation systems; was 
        AGREED TO 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 record votes 
on the motion to report legislation and amendments thereto.
    No record votes were requested during Committee 
consideration.

                      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. 1150, would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

         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. 1150, contains the 
following general performance goals, and objectives, including 
outcome related goals and objectives authorized.
    This resolution is intended to send a strong message to the 
Transportation Security Administration (TSA) that the House of 
Representatives wants TSA to continue to enhance security 
against terrorist attacks on rail and mass transit.

   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(d), 9(e), or 9(f) 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.

                      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

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  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 lines, as well as school transportation 
systems, particularly as provided for in the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (P.L. 110-
53). The resolution directs TSA to continue developing the 
National Explosives Detection Canine Team Program, recognizing 
its success in the past. This section includes language, 
accepted at Full Committee mark-up, which recognizes the 
importance of establishing a reliable source of domestically-
bred canines for the program.
    The resolution also directs TSA to improve on the success 
of its Online Learning Center program by increasing person-to-
person professional development programs to further strengthen 
security efforts and relations with the traveling public.
    Additionally, TSA is directed to continue securing mass 
transit and rail lines against terrorist attacks and other 
security threats in order to protect commuters and prevent 
disruption of rail lines critical to the U.S. economy, as well 
as to protect school transportation systems and the students 
that use them.
    The Committee strongly supports TSA's capabilities and 
desires to TSA to continue to its full capabilities to secure 
the Nation as a whole, and transportation systems specifically.