**Congressional Hearing Testimony**

**PUBLIC SAFETY -- OUR MOST BASIC DUTY**

**April 25, 2008**

BY MICHAEL BALBONI

*Deputy Secretary to the Governor*

*For Public Safety*

Thank you, Chairwoman Jackson-Lee, Ranking Member Lungren, and
Congresswoman Clarke for inviting me to appear before the House Homeland
Security Subcommittee on Transportation Security and Infrastructure
Protection to discuss securing New York's mass transit systems. My name
is Michael Balboni and I am Governor David Paterson's Deputy Secretary
for Public Safety. I have day-to-day responsibility for managing the
state's homeland security affairs, emergency preparedness and response,
and law enforcement activities. In 2006, I was appointed to the United
States Homeland Security Advisory Council. In that role, I help leverage
the ingenuity and expertise of state, local and tribal leaders to
provide federal Advisory Council members with the best possible advice
on a range of homeland security issues.

I am pleased to share with the Committee the steps the State of New York
has taken with its regional partners to better protect and secure New
York City's mass transit systems. Securing a deliberately open system
that must move millions of people quickly and easily each day is
challenging, but through effective multi-agency collaboration we have
made tremendous progress to enhance transit security.

It is well-established that New York remains a top terrorist target. In
addition to terrorism, hurricanes, natural disasters and health related
emergencies prove our need to be ready to care for and protect our
citizens. Although nearly six-and-a-half years have passed since the
attacks of September 11^th^ 2001, New York State demands sustained
excellence in our emergency preparedness plans and homeland security
initiatives.

Last year's thwarted plot to ignite jet fuel tanks at JFK International
Airport in Queens reminds us that people with very bad intent, if not
the immediate means of doing harm, have New York squarely in their
gunsights. It was only through meticulous investigation \-- "boots on
the ground" police work\-- and, most importantly, the ongoing
cooperation among law enforcement agencies led by the FBI and New York
City Police Department that this plot was uncovered.

This event proves that we must continue to be ever vigilant -- from our
first responders who are our front line of defense to every citizen in
this state. And it is yet another reminder to the public that if you see
something suspicious, contact local law enforcement or call the New York
State Terrorism Tips hotline at 1-866-SAFE NYS. In New York City, call
1-888-NYC SAFE.

Because threats evolve and maintaining readiness for disaster is a
dynamic business, I would like to outline the major initiatives launched
by New York State.

We know that terrorists around the world continue to focus on mass
transportation targets. New York State has joined with its federal and
local partners to enhance transit security, and we are continuing to
make regional rail security more robust by enacting these steps:

-   Joint National Guard/Port Authority Police "pop-up" patrols have
    been implemented on the PATH system. New York State led this effort
    and worked cooperatively with our security partners at the Port
    Authority and the State of New Jersey.

-   The Metropolitan Transportation Authority has launched a "Directed
    Patrol" strategy for the region's commuter rail systems (Metro North
    and Long Island Railroad). Working with local law enforcement
    agencies in the communities these trains travel through, police
    officers now regularly visit outlying stations, platforms and
    parking lots to provide high visibility deterrent patrols.

-   New York State Police, the Transportation Security Administration
    and local police departments in the upstate cities of Syracuse,
    Utica and Rome are conducting rail passenger screenings at Amtrak
    stations.

-   Rail Freight safety has been improved by working with the private
    sector. CSX Transportation has provided secure access to State law
    enforcement and Homeland Security officials regarding near real-time
    information on its hazardous materials rail movements.

-   We are also in the process of establishing a standing New York
    National Guard "surge" force headquartered at Fort Hamilton in
    Brooklyn. This new unit will respond quickly to threats in the New
    York metropolitan area, mobilizing key equipment and manpower to
    protect critical infrastructure and respond to incidents should they
    arise.

Additionally, we are enhancing the training for our valiant first
responders, who are our State's front line of defense. We are providing
threat-based training to hundreds of first responders from across New
York State at the State's Preparedness Training Center in Oneida County.

We also have implemented a renewed focus on cyber security. New York
State has long been a leader in this field, serving as the lead
information sharing and analysis center for all 50 states. Most
recently, New York has focused on helping local governments achieve the
cyber security necessary to protect the computer control mechanisms of
critical infrastructure owned and operated by municipal governments such
as dams, water and traffic systems. The New York State Office of
Cybersecurity and Critical Infrastructure Coordination also works
closely with the MTA on cyber security issues, providing insight on data
encryption and other key security measures.

**Transit Security Funding**

The State's efforts culminated in Secretary Chertoff announcing a
substantial increase in transit security funding for the New York City
metropolitan region in February.

The Secretary announced an FY08 award of \$153 million, a substantial
increase from the FY07 grant award of \$98 million.

The grant award recognizes that the threat to New York remains of
paramount concern and that New York's ridership of mass transit and the
economic importance of the system requires increased investment. I would
like to thank Congresswoman Clarke, Congressman King, and the entire New
York Congressional Delegation for their help in passing a robust FY08
homeland security appropriations bill that increased funding for
transportation security programs.

The grant also recognizes the incredible partnership of the Regional
Transit Security Working Group (RTSWG). This effort \-- long encouraged
by the federal and state government \-- views mass transit as a regional
issue involving such partners as the MTA, the Port Authority of NY & NJ,
New Jersey Transit, the NYPD, Amtrak, TSA, NYC DOT, the States of NJ and
Connecticut, the ferry system and Westchester County DOT.

Representatives of these great partners came together to reach consensus
on priorities for the 2007 round of funding and worked hard to develop a
comprehensive program aimed at addressing transit needs. The NYPD and
TSA were added to this partnership effort for 2007. We are extremely
proud of the work of the group, which put aside parochial interests and
focused on a regionalized approach to mass transit safety.

Investments recommended by the group in 2007 included security cameras,
an increase in the number of explosive detection canine teams,
specialized training for law enforcement personnel and new explosive
detection technologies.

We have always recognized that risk should drive funding decisions and
are happy to see that 45 percent of the national share of 2008 transit
funds are coming to the New York metropolitan Region. This is an
important statement of support for the case that we have made to the
Nation.

In applauding the federal government for that recognition in the context
of transit security, I continue to hope that such appreciation and
understanding will be applied to all of the federal homeland security
grant programs.

It would also be remiss not to mention another equally important aspect
of this transit award that satisfies another suggestion New York and its
regional partners have long expressed to the federal government, which
is that the transit grant programs be permissive in allowing the dollars
to be used for personnel costs. We strongly support the Committee's
efforts to ensure that state and local governments have the flexibility
to use grant funds for personnel related expenditures.

Federal dollars should be applied where they are most effective and time
and time again we have learned that investing in operational packages
related to transit security (VIPER teams, the K-9 teams) are one of our
most effective public safety tools.

I am pleased that this grant will allow such investment at a local
operational match share of 33 percent, which is less than the 50 percent
match required in the 2007 program.

I am proud that federal DHS has recognized our efforts at the State and
City level, but I am most pleased that this grant really recognizes the
efforts of the Regional Transit Security Working Group (RTSWG)
participants.

It is never easy to bring the various entities of government together
but because security is so important, we have succeeded in doing that
within the RTSWG concept.

We have built on our success in 2007 with recognition from our federal
partners and a vibrant cooperative effort that will demonstrate a
coordinated and robust public security strategy across the three-state
metro region.

The federal government continues to indicate that as available homeland
security resources decline, it is important to develop regional
approaches and regionalized security strategies.

The February 1, 2008, announcement was proof positive that New York made
its case and is effectively leveraging an important regional
partnership. TSA has recognized the value of the RTSWG and rewrote their
FY08 grant guidance to encourage more grantees to follow the
collaborative model New York developed.

I want to commend the partners of the RTSWG for participating in that
effort and making New York's mass transit systems safer. I also want to
thank Secretary Chertoff and our Congressional Delegation for their
continued support to our efforts.

Chairman Jackson-Lee, Congresswoman Clarke, and Members of the
Committee, thank you for giving me the opportunity to discuss New York
State's transit security activities. With your support, we will continue
to build-on the progress we have made to date. I would be happy to
answer any questions you might have.

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