Mass Transit Intelligence Prioritization Act

Mr. Speaker, unbelievably, across this country in family law courts, in States, our servicemembers stand before family law court judges who take custody away from our servicemembers upon their return from either, previously, Iraq or, now, Afghanistan based solely on the fact that they were away from their children serving their country.

Mr. Speaker, we should not have one arm of the government ordering our servicemembers to deploy and another arm of our government taking their children away from them based upon the fact that they were away servicing their country. One servicemember, Eva Slusher, who has been a champion of this issue, has said that she did not understand when she got back, by law, they had to give her her job back but, by law, no one had to return to her her child.

Servicemembers risk their lives in support of the contingency operations that keep our Nation safe. State courts should not be allowed to use a servicemember's previous deployments or the possibility of future deployments when making child custody determinations. State courts should not be allowed to use a servicemember's previous deployments or the possibility when making these child custody determinations.

Our bill would amend the Servicemembers Civil Relief Act to protect servicemembers against this injustice by providing a uniform national standard. The lack of uniform laws creates uncertainty that adversely affects readiness and morale.

State laws differ on the question of whether deployment or the potential for future deployment can be used as a criterion for these courts, and many States have no laws at all. The difference in State laws provides an opportunity for ex-spouses to venue shop to find a State that will alter custody agreements. Many servicemember custody battles involve up to three States: the State of the original custody order, the State where the child is residing, and the State where the servicemember is stationed.

This bill creates a protective floor to ensure that all military parents can feel confident that their service to our country will not be used against them in our courts.

In supporting this legislation, Secretary Gates stated: ``I am convinced that the benefits outweigh the concerns and, thus, we should work with Congress to pursue an acceptable legislative formulation.''

The language of this bill has passed the House on seven separate occasions, and the bill has strong bipartisan support. I have a letter to Leon Panetta that is signed by every member of the House Armed Services Committee that I will enter into the Record.

Our men and women in uniform sacrifice a great deal to serve our country. We owe it to them to provide uniform legal standards regarding child custody. Our servicemen and -women should never be in the position of having to choose between their country and their family; or while they're on service, they should not have to worry what might happen to them when they return.

House of Representatives,

Washington, DC, March 29, 2012.

Mr. Leon Panetta,

Secretary of Defense,

Washington, DC.

Dear Secretary Panetta: We appreciate your interest stated

during the February 15, 2012 House Armed Services Committee

(HASC) hearing in protecting child custody rights for our men

and women in uniform.

As you know, legislative language addressing this issue has

already passed the House of Representatives on six separate

occasions. It has passed five times as part of the National

Defense Authorization Act, every year from 2008 through 2012.

Additionally, in 2008 this language passed the House as a

stand-alone bill (H.R. 6048) by voice vote. Sixty members

from both sides of the aisle signed

on to H.R. 6048 as co-sponsors. Most recently, the bill was

included in the Managers Package in the FY12 House NDAA and

was supported by the Department of Defense (DoD).

Enclosed are letters of support that both Secretary Gates

and Secretary Stanley provided for this legislation last

year. Also enclosed is the 2010 HASC letter to Secretary

Gates. As we move forward with the current legislative

session, we look forward to the same level of support from

the DoD in addressing this important issue and ensuring that

our men and women in uniform have their parental rights

protected.

Sincerely,

Michael R. Turner,

Member of Congress.

Robert Andrews,

Member of Congress.

HASC Signatures

Michael Turner, Rob Andrews, Howard P. ``Buck'' McKeon,

Chairman, Adam Smith, Ranking Member, Mac Thornberry, Vice

Chairman, Roscoe G. Bartlett, Walter B. Jones, W. Todd Akin,

J. Randy Forbes, Jeff Miller, Joe Wilson, Frank A. LoBiondo,

John Kline, Mike Rogers, Trent Franks, Bill Shuster, K.

Michael Conaway, Doug Lamborn, Rob Wittman, Duncan Hunter,

John C. Fleming, Mike Coffman, Thomas J. Rooney, Todd Russell

Platts, Scott Rigell, Chris Gibson, Vicky Hartzler, Joe Heck,

Bobby Schilling, Jon Runyan, Austin Scott.

Tim Griffin, Steve Palazzo, Allen West, Martha Roby, Mo

Brooks, Todd Young, Silvestre Reyes, Loretta Sanchez, Mike

McIntyre, Robert A. Brady, Susan A. Davis, James R. Langevin,

Rick Larsen, Jim Cooper, Madeleine Z. Bordallo, Joe Courtney,

David Loebsack, Niki Tsongas, Chellie Pingree, Larry Kissell,

Martin Heinrich, William L. Owens, John Garamendi, Mark

Critz, Tim Ryan, C.A. Dutch Ruppersberger, Hank Johnson,

Betty Sutton, Colleen Hanabusa, Kathleen C. Hochul, Jackie

Speier.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4201) to amend the Servicemembers Civil Relief Act to provide for the protection of child custody arrangements for parents who are members of the Armed Forces.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include any extraneous material on H.R. 4201.

Mr. Speaker, I yield myself such time as I may consume.

I rise today in strong support of the Servicemember Family Protection Act, H.R. 4201, a bill introduced by my good friend from Ohio (Mr. Turner).

Mr. Speaker, as our Nation's servicemembers continue to endure long deployments overseas, the Servicemembers Civil Relief Act is there to protect their interests at home. At its core, SCRA ensures that servicemembers have certain protections in the event that military service impedes their ability to meet certain financial and legal obligations.

Although the current SCRA covers everything from mortgages to cell phone contracts, it simply fails to protect one uniform framework for protecting servicemembers' rights under child custody actions by State courts. This bill would protect these rights by amending the SCRA to require that if a court gives temporary custody of a servicemember's child to someone else because of the servicemember's deployment, the servicemember has the opportunity to have the previous custody order reinstated upon their return. This would occur unless the court determines that such a move would not be in the best interest of a child. The bill would also prohibit courts from considering the absence or potential absence of a servicemember from being considered as part of the court's determination of the child's best interest. Finally, my colleagues, the bill ensures that if higher protections than that provided by the bill, H.R. 4201, exist under any State law, then the higher standard should be applied.

Mr. Speaker, in previous Congresses, Members have received anecdotal evidence of servicemembers having to make the difficult decision of choosing between their military career and the legal custody of their children because of rulings made by courts that took their military service into account when assigning custody of the child. Mr. Speaker, I believe that our servicemembers who stand guard in constant defense of our liberties should never have to make this choice. That is why this bill's revisions to SCRA are so critically important to unit morale and our Nation as a whole.

So I want to again thank Mr. Turner from Ohio for introducing this legislation. I also want to thank Chairman Jeff Miller and Ranking Member Mr. Filner for their support.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield such time as he may consume to the gentleman from Ohio (Mr. Turner).

Mr. Speaker, I continue to reserve the balance of my time.

Mr. Speaker, I'll close using such time as I may consume to say:

This is a very important bill. Mr. Turner just touched on something that I think I want to bring up again. This, the language in this bill, has passed the House on seven separate occasions, six times as part of the House National Defense Authorization Act in FY 2008, 2009, 2010, 2011, 2012, and 2013, and once, my colleagues, as a stand-alone bill by voice vote in 2008. And all the while, this bill has had strong bipartisan support.

Mr. Speaker, if I can, I urge the United States Senate that, upon passage today, our colleagues over there simply take up this bill and the 10 other bills that the Veterans' Committee has passed through our committee and the House and pass those also.

With that, I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I rise today in support of H.R. 3140, ``Mass Transit Intelligence Prioritization Act.'' This legislation would amend the Homeland Security Act of 2002. It calls for the Secretary of Homeland Security (DHS) to make it a priority to assign DHS officers and intelligence analysts, including from the Transportation Security Administration (TSA), to participating state and urban area fusion centers located in high-risk jurisdictions with mass transit systems to enhance the security of these systems. These officers would help local enforcement authorities identify and investigate any threats to homeland security.

The DHS officers and analysts will also be responsible for creating mass transit intelligence products that will: (1) assist law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of mass destruction, and contraband at U.S. mass transit systems; (2) promote more consistent and timely dissemination of mass transit security-relevant information among jurisdictions with such systems; and (3) enhance DHS's situational awareness with respect to the threat of terrorist acts at or involving U.S. mass transit systems.

As a Ranking Member on the Subcommittee for Transportation, ensuring the safety and security of the nation's public transportation system is one of my top priorities.

Mass transit systems across the world have continually been a target for terrorist threats, namely the 2004 terrorist attack on a packed commuter train in Madrid, Spain that killed 191 people. There was also the suicide bombing attack in London that left 50 dead in 2005.

While we have so far been fortunate to have not had any incidents of terrorism in our mass transit systems, we know of the threat planned by al-Qaeda to commemorate the 10th anniversary of 9/11 by attacking US mass transit systems. Thankfully, a Naval SEALS raid on Osama bin Laden's compound discovered and thwarted this plot.

Rising gas prices have caused metro transportation systems to be used now more than ever, creating an additional urgency to keep citizens safe on the daily commute.

According to the American Public Transportation Association (APTA), Americans made 10.4 billion trips on public transportation in 2011. This is the second highest annual ridership since 1957. Houston's Metropolitan Transit Authority of Harris County accounted for 5.2 percent of that gain and has seen six consecutive months of increased ridership. In Houston, we understand the importance of a secured public transportation system.

Our metro transit system is closely partnered with the US Department of Homeland Security. It is equipped with surveillance capabilities and our officers are trained in counterterrorism measures as well as in the latest law enforcement techniques. In addition officers regularly check bus and rail lines and perform sweeps through the Transit Center as well as through the Park & Ride lots and bus stops.

As the city grows and new metro employees are hired, it is my goal that the Houston public transportation system maintains its high level of security and a strong relationship with Homeland Security. I desire this same level of security for all of the public transportation systems in the US.

I urge my colleagues to join me in supporting H.R. 3140 ``Mass Transit Intelligence Prioritization Act.''

Mr. Speaker, I move to suspend the rules and pass 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.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include any extraneous material on the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Only due to the shortness of time, I will keep my remarks brief. This bill amends the Homeland Security Act of 2002 and directs the DHS Secretary to make it a priority to assign officers and intelligence analysts to participate in State and urban area fusion centers located in high-risk jurisdictions with mass transit systems.

I would like to thank Congresswoman Speier and Chairman Meehan for their dedicated work in this area.

I reserve the balance of my time.

This bill amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to make it a priority to assign DHS officers and intelligence analysts to participate in state and urban area fusion centers located in high-risk jurisdictions with mass transit systems.

I would like to thank Congresswoman Speier and Chairman Meehan for their dedicated work in this area.

These officers and analysts will enhance the security of mass transit systems by assisting law enforcement authorities in identifying, investigating, and otherwise interdicting persons, weapons, and contraband that pose a threat to homeland security.

The primary responsibility of these officers and analysts will be to create mass transit intelligence products that assist law enforcement agencies in deploying their resources more efficiently, promote more consistent and timely dissemination of mass transit security-related information among jurisdictions with mass transit systems, and improve DHS' situational awareness in regard to the threat of terrorist acts at or involving U.S. mass transit.

It has been noted in documents uncovered from his Abbottabad compound, that Osama bin Laden expressed a continued interested in striking mass transit systems in the United States--railroads in particular.

That raid is a stark reminder that--after 9/11, the Christmas Day plot, Najibullah Zazi, Bryant Neal Vinas, and others--al Qaeda is still focused on striking our transportation systems. I urge support for this bipartisan measure.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I come from a region which has almost 6 million daily passengers on subway and commuter lines. This legislation is absolutely vital, I urge its adoption, and I yield back the balance of my time.

Mr. Speaker, today I rise in support of H.R. 3140, the Mass Transit Intelligence Prioritization Act. Since the catastrophic events of September 11th, 2001 the United States has gone to every possible length to prevent another terrorist attack.

Unfortunately, our enemies cannot be deterred through logic and reason. No matter how secure we make our borders they will always be developing new ways to threaten our citizens. For this reason it is vital that America continues to improve its security and intelligence capabilities.

Since 9/11 mass transit attacks against the West have been on the rise. In 2004 a terrorist cell of Al Qaeda detonated multiple explosives on packed trains in Madrid, Spain, killing 191 people. Only a year later London was attacked by another cell linked to Al Qaeda. Four suicide bombers, all of whom were on public transportation killed more than fifty people. The Mumbai attacks followed, which killed over 200 people during evening rush hour on the local train network.

Mr. Speaker, if there is one lesson to take away from all of these horrific events, it is that America is still frighteningly vulnerable to a mass transit attack. Terrorists continue to develop methods to get around our security systems and inflict as much damage as possible.

As a member of the House Committee on Homeland Security it is my duty to ensure everything possible is being done to prevent another attack on U.S. soil. In my own district in California there are multiple systems that could be prone to attack, but across the country there are systems that have little protection.

The Metropolitan Transportation Authority is North America's largest public transportation system. It serves a population of 14.6 million people in the 5,000-square-mile area fanning out from New York City through Long Island, southeastern New York State, and Connecticut. Each weekday an average of 8,487,642 use this system. If this system is targeted, they have little security or defense and millions of people could be at risk.

The Mass Transit Intelligence Prioritization Act aims to direct the Secretary of Homeland Security to prioritize intelligence officers and analysts, including those from the Transportation Security Administration to high-risk jurisdictions with mass transit systems. The bill also requires the officers assigned to these areas to develop mass transit intelligence products as a primary responsibility.

This bill offers a way to promote the timely sharing of information between Federal, State and local partners, with the ultimate goal of preventing any attack against an American mass transit system.

Mr. Speaker, I fully support H.R. 3140 and the added security it brings to American citizens, and all those using our public transportation systems.