[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.

           *       *       *       *       *       *       *


                                  
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