[House Report 111-347]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-347

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



 
       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.

                                  
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