19–006 

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 


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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 foursuicide 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 AsVerDate Mar 15 2010 20:39 May 09, 2012 Jkt 019006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6601 E:\HR\OC\HR467.XXX HR467

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sociation 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. 


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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 


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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 situaVerDate Mar 15 2010 20:39 May 09, 2012 Jkt 019006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR467.XXX HR467

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tional 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 


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(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. 

ø(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. 

ø(g)¿ (h) CONSUMER FEEDBACK.— 

(1) * * * 

* * * * * * * 

ø(h)¿ (i) RULE OF CONSTRUCTION.— 

(1) * * * 

* * * * * * * 

ø(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) * * * 

* * * * * * * 

ø(j)¿ (k) DEFINITIONS.—In this section— 

(1) * * * 

* * * * * * * 

ø(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 øsubsection (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. 

* * * * * * * 

Æ 


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