[House Report 112-498]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-498

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



 
     PUBLIC TRANSIT SECURITY AND LOCAL LAW ENFORCEMENT SUPPORT ACT

                                _______
                                

  May 30, 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. 3857]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3857) to amend the Implementing Recommendations 
of the 9/11 Commission Act of 2007 to require the Secretary of 
Homeland Security to include as an eligible use the sustainment 
of specialized operational teams used by local law enforcement 
under the Transit Security Grant Program, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     7
Federal Mandates Statement.......................................     7
Preemption Clarification.........................................     7
Advisory Committee Statement.....................................     8
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Public Transit Security and Local Law 
Enforcement Support Act''.

SEC. 2. CLARIFICATION REGARDING USE OF GRANT FUNDS RELATING TO 
                    OPERATIONAL COSTS OF PUBLIC TRANSIT SECURITY.

  (a) In General.--Section 1406(b)(2) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
1135(b)(2)) is amended--
          (1) by redesignating subparagraphs (E) through (H) as 
        subparagraphs (F) through (I), respectively; and
          (2) by inserting after subparagraph (D) the following new 
        subparagraph (E):
                  ``(E) specialized patrol teams, as defined by the 
                Secretary in coordination with the recipients of grants 
                under this section, including the sustainment of such 
                teams without fiscal year limitation, as long as the 
                eligible public transportation agency applying for 
                grant funds to fund a specialized patrol team submits a 
                sustainment plan for maintaining in future years the 
                capability or capacity achieved with the grant 
                funds;''.
  (b) Effective Date.--The amendment made by subsection (a) shall take 
effect on the date of enactment of this Act and shall apply to grants 
made under section 1406 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1135) on or after such date.
  (c) Authorization of Appropriations.--Section 1406(m)(1) of the 
Implementing Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1135(m)(1)) is amended--
          (1) in subparagraph (D) by striking ``and'' at the end;
          (2) in subparagraph (E)--
                  (A) by striking ``10 percent'' and inserting ``50 
                percent''; and
                  (B) by striking the period and inserting ``; and''; 
                and
          (3) by adding at the end the following:
                  ``(F) $400,000,000 for each of fiscal years 2012 and 
                2013, except that not more than 50 percent of such 
                funds in each of such fiscal years may be used for 
                operational costs under subsection (b)(2).''.

                          Purpose and Summary

    The purpose of H.R. 3857 is to amend the Implementing 
Recommendations of the 9/11 Commission Act of 2007 to require 
the Secretary of Homeland Security to include as an eligible 
use the statement of specialized operational teams used by 
local law enforcement under the Transit Security Grant Program, 
and for other purposes.

                  Background and Need for Legislation

    This bill directs the Secretary of Homeland Security to 
allow Transit Security Grant Program (TSGP) funds to be used 
for specialized patrol teams without fiscal year limitation. In 
past years, transit systems could not allocate TSGP funding 
toward the sustainment of specialized patrol teams without a 
waiver from the Secretary of Homeland Security. After this bill 
was introduced, the Department of Homeland Security (DHS) 
modified its policy in the TSGP grant guidance for FY 2012, to 
allow TSGP funds to be used for the sustainment of specialized 
patrol teams. This bill codifies what DHS has agreed is 
necessary through its grant guidance, and allows for future 
TSGP funds to be used for the sustainment of specialized patrol 
teams. H.R. 3857 eliminates the needless bureaucratic step of 
forcing a transit agency to request a waiver in order to apply 
for funds to sustain critical manpower to help deter a 
terrorist attack. In doing so, it allows transit systems and 
the police departments that secure them to have more certainty 
in their planning of future security initiatives.
    As amended, this bill requires TSGP recipients to submit 
sustainment plans for maintaining the capability of the 
specialized patrol teams in future years. The Committee notes 
that these teams must be flexible to respond to changing 
threats. Therefore, the Department should take this into 
account as operational needs may change in future years. 
Further, the Committee recognizes that grant recipients are 
already required to submit lengthy, detailed justifications 
with their grant applications for the projects they seek to 
fund. These reports require significant man-hours and planning. 
The sustainment plan requirement in this bill is not intended 
to require grant recipients to provide written plans through an 
additional duplicative process but to submit plans through the 
DHS reporting process that currently exists. The Department 
should take steps to streamline the reporting process and 
provide guidance to grant recipients on the information to be 
included in the sustainment plans.
    As amended, the bill also raises the cap on operational 
expenses from 10 percent to 50 percent of TSGP funds, 
consistent with the percentage allowable under the State 
Homeland Security Grant Program and Urban Area Security 
Initiative. In the five years since TSGP was authorized in the 
Implementing Recommendations of the 9/11 Commission Act of 
2007, transit agencies and local law enforcement have expressed 
growing concern over the cap on operational expenses imposed by 
the Congress. The important security benefit of patrol teams 
and other operational assets has increased, not decreased, and 
in most instances the Secretary of Homeland Security has used 
vested authority to waive the 10 percent cap given the 
realities on the ground. By making this a statutory change, 
grantees would no longer have to seek waivers that require 
additional man-hours, create difficulties in planning, and 
serve to delay the expenditure of these vital security grants.
    The bill also authorizes $400 million for TSGP grants for 
each of fiscal years 2012 and 2013, except that no more than 50 
percent of those funds in each of the fiscal years may be used 
for operational costs. This vital grant program necessitates a 
dedicated funding stream each year. Given the expiration of the 
TSGP authorization in FY 2011, this bill would reauthorize the 
program for FY 2012 and FY 2013 at the same level it received 
in FY 2009.

                                Hearings

    Although no hearings were directly held on H.R. 3857 in the 
112th Congress, TSGP was discussed at multiple hearings.
    The Committee on Homeland Security hearing entitled 
``Securing Our Nation's Mass Transit Systems Against a 
Terrorist Attack'' on May 4, 2011. The Committee received 
testimony from Hon. John S. Pistole, Administrator, 
Transportation Security Administration, Department of Homeland 
Security; Hon. 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; and Mr. Daniel O. 
Hartwig, Deputy Chief--Operations, BART Police Department, San 
Francisco Bay Area Rapid Transit (BART).
    The Subcommittee on Transportation Security hearing 
entitled ``Industry Perspectives: Authorizing the 
Transportation Security Administration for FY 2012 and 2013'' 
on July 12, 2011. The Subcommittee received testimony from Mr. 
Stephen Sadler, Deputy Assistant Administrator, Transportation 
Threat Assessment and Credentialing, Transportation Security 
Administration, Department of Homeland Security; Mr. Darrell S. 
Bowman, Group Leader, Advanced Systems & Applications, Virginia 
Tech Transportation Institute; Ms. Jeanne M. Olivier, A.A.E., 
Assistant Director, Aviation Security & Technology, Aviation 
Department, The Port Authority of New York & New Jersey 
testifying on behalf of the American Association of Airport 
Executives; Mr. Martin Rojas, Vice President, Security & 
Operations, American Trucking Association; and Mr. Randall H. 
Walker, Director of Aviation, Las Vegas McCarran International 
Airport, Clark County Department of Aviation, testifying on 
behalf of the Airports Council International--North America.
    In addition, the Subcommittee on Emergency Preparedness, 
Response, and Communications has also held hearings focusing on 
homeland security grants at which the TSGP was discussed. On 
March 20, 2012, the Subcommittee on Emergency Preparedness, 
Response, and Communications convened a hearing, ``Ensuring the 
Efficiency, Effectiveness, and Transparency of Homeland 
Security Grants (Part I).'' The Subcommittee received testimony 
from Ms. Elizabeth Harman, Assistant Administrator, Grant 
Programs Directorate, Federal Emergency Management Agency, 
Department of Homeland Security; Mr. Corey Gruber, Assistant 
Administrator, National Preparedness Directorate, Federal 
Emergency Management Agency, Department of Homeland Security; 
Ms. Anne L. Richards, Assistant Inspector General for Audits, 
Office of Inspector General, Department of Homeland Security; 
Mr. William O. Jenkins, Jr., Director, Homeland Security and 
Justice Issues, U.S. Government Accountability Office; and Hon. 
Michael A. Nutter, Mayor of Philadelphia, Pennsylvania.
    The Subcommittee held a follow up hearing, ``Ensuring the 
Efficiency, Effectiveness, and Transparency of Homeland 
Security Grants (Part II),'' on April 26, 2012. The 
Subcommittee received testimony from Mr. James H. Davis, 
Executive Director, Colorado Department of Public Safety, 
testifying on behalf of the National Governor's Association; 
Mr. Bryan Koon, Director, Florida Division of Emergency 
Management, testifying on behalf of the National Emergency 
Management Association; Ms. Hui-Shan Walker, Emergency 
Management Coordinator, City of Hampton, Virginia, testifying 
on behalf of the International Association of Emergency 
Managers; Mr. Judson Freed, Director of Emergency Management 
and Homeland Security, Ramsey County, Minnesota, testifying on 
behalf of the National Association of Counties; Mr. Richard 
Daddario, Deputy Commissioner, Counterterrorism Bureau, New 
York City Police Department; Mr. Robert M. Maloney, Director, 
Office of Emergency Management, Baltimore, Maryland; Chief Hank 
Clemmensen, Palatine Rural Fire Protection District, testifying 
on behalf of the International Association of Fire Chiefs; Mr. 
Richard A. Wainio, President and CEO, Tampa Port Authority, 
testifying on behalf of the American Association of Port 
Authorities; and Mr. Michael DePallo, Director and General 
Manager, The Port Authority Trans Hudson (PATH) Corporation, 
testifying on behalf of the American Public Transportation 
Association, who discussed TSGP at length.

                        Committee Consideration

    The Committee met on May 9, 2012, to consider H.R. 3857, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
    The Committee adopted H.R. 3857, as amended, by voice vote.
    The following amendments were offered:
    An amendment offered by Ms. Richardson (#1); was NOT AGREED 
TO, by voice vote.

    Page 2, line 12, strike ``, as defined'' and all that 
follows through ``this section'' on line 14.
    Page 2, line 17, redesignate subsection (b) as subsection 
(c).
    Page 2, after line 16, insert a new paragraph ``(b) 
Specialized Patrol Teams Defined''

    An amendment offered by Mr. Cuellar (#2); was AGREED TO, by 
a recorded vote of 15 yeas and 9 nays (Roll Call Vote No. 53).

    Page 2, line 16, after ``limitation'' insert the following: 
``, as long as the eligible public transportation agency 
applying for grant funds to fund a specialized patrol team 
submits a sustainment plan for maintaining the capability of 
capacity achieved with the grant funds in future years''.

    An amendment offered by Ms. Jackson Lee (#3); was AGREED 
TO, by unanimous consent.

    Page 2, line 16, strike ``or other''.

    An amendment offered by Ms. Jackson Lee (#4); was AGREED 
TO, by unanimous consent.

    Page 2, after line 22, insert a new paragraph ``C) 
Authorization of Appropriations''

                            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.
    The Committee on Homeland Security considered H.R. 3857 on 
May 9, 2012. The following recorded votes were requested:

    An amendment offered by Mr. Cuellar (#2); was AGREED TO by 
a recorded vote of 15 yeas and 9 nays (Roll Call Vote No. 53). 
The vote was as follows:
        YEAS                          NAYS
Mr. Daniel E. Lungren               Mr. Peter T. King
Mrs. Candice S. Miller              Mr. Mike Rogers
Mr. Tim Walberg                     Mr. Michael T. McCaul
Mr. Chip Cravaack                   Mr. Gus M. Bilirakis
Mr. Joe Walsh                       Mr. Paul C. Broun
Mr. Patrick Meehan                  Mr. Benjamin Quayle
Mr. E. Scott Rigell                 Mr. Billy Long
Mr. Blake Farenthold                Mr. Jeff Duncan
Mr. Bennie G. Thompson              Mr. Robert L. Turner
Ms. Sheila Jackson Lee
Mr. Henry Cuellar
Ms. Yvette D. Clarke
Ms. Laura Richardson
Mr. Danny K. Davis
Ms. Janice Hahn

                      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. 
3857, the Public Transit Security and Local Law Enforcement 
Support 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.
                                                      May 25, 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. 3857, the Public 
Transit Security and Local Law Enforcement Support 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. 3857--Public Transit Security and Local Law Enforcement Support 
        Act

    Summary: H.R. 3857 would authorize appropriations for the 
Department of Homeland Security (DHS) to make grants to state 
and local governments to support security improvements to 
public transportation systems. CBO estimates that implementing 
the bill would cost $702 million over the 2012-2017 period, 
assuming appropriation of the authorized amounts. Pay-as-you-go 
procedures do not apply to this legislation because it would 
not affect direct spending or revenues.
    H.R. 3857 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3857 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                             2012   2013   2014   2015   2016   2017   2012-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level\a\....................................    302    400      0      0      0      0         702
Estimated Outlays.........................................     15    266    246    119     35     21        702
----------------------------------------------------------------------------------------------------------------
\a\While H.R. 3857 would authorize the appropriation of $400 million for 2012, $98 million has already been
  appropriated for that year.

    Basis of estimate: H.R. 3857 would authorize the 
appropriation of $400 million in each of fiscal years 2012 and 
2013 for DHS to provide grants to public transportation 
agencies to enhance the security of public transportation 
systems. Under current law, recipients of such grants can use 
funds for a variety of purposes, including capital improvements 
to infrastructure, training programs for staff, and public 
awareness campaigns. H.R. 3857 would specify that such grants 
could also be used for specialized patrol teams.
    According to DHS, the Congress has already provided $98 
million in 2012 for grants to public transportation agencies, 
including Amtrak. CBO therefore estimates that fully funding 
H.R. 3857 would require additional appropriations totaling $302 
million in 2012 and $400 million in 2013. Assuming that H.R. 
3857 is enacted in 2012 and that supplemental appropriations 
are provided for 2012 as specified by the bill, CBO estimates 
that resulting outlays would total $15 million in 2012 and $702 
million over the 2012-2017 period. That estimate is based on 
historical spending patterns for existing grant programs 
administered by DHS.
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments: 
H.R. 3857 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would expand the authorized 
uses of transportation security grants.
    Estimate prepared by: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: J'nell L. Blanco; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate 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. 3857 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    H.R. 3857 provides grant recipients with an additional 
allowable use of TSGP funds without having to request a waiver 
from the Department of Homeland Security.

   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. 3857 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 Act may be cited as the ``Public Transit Security and 
Local Law Enforcement Support Act''

Section 2. Clarification regarding use of grant funds relating to 
        operational costs of public transit security

    This section amends Section 1406(b)(2) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (Pub. Law 
110-53) to allow Transit Security Grant Program funds to be 
used for the sustainment of specialized patrol teams without 
fiscal year limitation, as long as the eligible public 
transportation agency applying for the grant funds submits a 
sustainment plan for maintaining the capability or capacity 
achieved in future years.
    Effective Date.--This section is required to take affect on 
the date of enactment and will apply to grants made under 
Section 1406 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (Pub. Law 110-53) on or after such date.
    Authorization of Appropriations.--This section authorizes 
$400,000,000 for TSGP grants for each of Fiscal Years 2012 and 
2013, except that no more than 50 percent of those funds in 
each of the fiscal years may be used for operational costs.

         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):

    IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007




           *       *       *       *       *       *       *
TITLE XIV--PUBLIC TRANSPORTATION SECURITY

           *       *       *       *       *       *       *


SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

  (a) * * *
  (b) Uses of Funds.--A recipient of a grant under subsection 
(a) shall use the grant funds for one or more of the following:
          (1) * * *
          (2) Operating uses of funds, including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) specialized patrol teams, as defined by 
                the Secretary in coordination with the 
                recipients of grants under this section, 
                including the sustainment of such teams without 
                fiscal year limitation, as long as the eligible 
                public transportation agency applying for grant 
                funds to fund a specialized patrol team submits 
                a sustainment plan for maintaining in future 
                years the capability or capacity achieved with 
                the grant funds;
                  [(E)] (F) development of security plans under 
                section 1405;
                  [(F)] (G) overtime reimbursement including 
                reimbursement of State, local, and tribal 
                governments, for costs for enhanced security 
                personnel during significant national and 
                international public events;
                  [(G)] (H) operational costs, including 
                reimbursement of State, local, and tribal 
                governments for costs for personnel assigned to 
                full-time or part-time security or 
                counterterrorism duties related to public 
                transportation, provided that this expense 
                totals no more than 10 percent of the total 
                grant funds received by a public transportation 
                agency in any 1 year; and
                  [(H)] (I) other operational security costs 
                determined appropriate by the Secretary, 
                excluding routine, ongoing personnel costs, 
                other than those set forth in this section.

           *       *       *       *       *       *       *

  (m) Authorization of Appropriations.--
          (1) There are authorized to be appropriated to the 
        Secretary to make grants under this section--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) $900,000,000 for fiscal year 2010, except 
                that not more than 20 percent of such funds may 
                be used for operational costs under subsection 
                (b)(2); [and]
                  (E) $1,100,000,000 for fiscal year 2011, 
                except that not more than [10 percent] 50 
                percent of such funds may be used for 
                operational costs under subsection (b)(2)[.]; 
                and
                  (F) $400,000,000 for each of fiscal years 
                2012 and 2013, except that not more than 50 
                percent of such funds in each of such fiscal 
                years may be used for operational costs under 
                subsection (b)(2).

           *       *       *       *       *       *       *


                                  
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