[Congressional Record Volume 164, Number 47 (Monday, March 19, 2018)]
[House]
[Pages H1673-H1675]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  STRENGTHENING LOCAL TRANSPORTATION SECURITY CAPABILITIES ACT OF 2018

  Mr. BACON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5089) to improve threat information sharing, integrated 
operations, and law enforcement training for transportation security, 
and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5089

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strengthening Local 
     Transportation Security Capabilities Act of 2018''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Public and private sector stakeholders.--The term 
     ``public and private sector stakeholders'' has the meaning 
     given such term in section 114(u)(1)(C) of title 49, United 
     States Code.
       (2) Surface transportation asset.--The term ``surface 
     transportation asset'' includes facilities, equipment, or 
     systems used to provide transportation services by--
       (A) a public transportation agency (as such term is defined 
     in section 1402(5) of the Implementing Recommendations of the 
     9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 
     1131(5)));
       (B) a railroad carrier (as such term is defined in section 
     20102(3) of title 49, United States Code);
       (C) an owner or operator of--
       (i) an entity offering scheduled, fixed-route 
     transportation services by over-the-road bus (as such term is 
     defined in section 1501(4) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (Public 
     Law 110-53; 6 U.S.C. 1151(4))); or
       (ii) a bus terminal; or
       (D) other transportation facilities, equipment, or systems, 
     as determined by the Secretary.
       (3) Transportation facility.--The term ``transportation 
     facility'' means a bus terminal, intercity or commuter 
     passenger rail station, airport, multi-modal transportation 
     center, or other transportation facility, as determined by 
     the Secretary of Homeland Security.

     SEC. 3. THREAT INFORMATION SHARING.

       (a) Prioritization.--The Secretary of Homeland Security 
     shall prioritize the assignment of officers and intelligence 
     analysts under section 210A of the Homeland Security Act of 
     2002 (6 U.S.C. 124h) from the Transportation Security 
     Administration and, as appropriate, from the Office of 
     Intelligence and Analysis of the Department of Homeland 
     Security, to locations with participating State, local, and 
     regional fusion centers in jurisdictions with a high-risk 
     surface transportation asset in order to enhance the security 
     of such assets, including by improving timely sharing of 
     classified information regarding terrorist and other threats.
       (b) Intelligence Products.--Officers and intelligence 
     analysts assigned to locations with participating State, 
     local, and regional fusion centers under this section shall 
     participate in the generation and dissemination of 
     transportation security intelligence products, with an 
     emphasis on terrorist and other threats to surface 
     transportation assets that--
       (1) assist State, local, and tribal law enforcement 
     agencies in deploying their resources, including personnel, 
     most efficiently to help detect, prevent, investigate, 
     apprehend, and respond to terrorist and other threats;
       (2) promote more consistent and timely sharing of threat 
     information among jurisdictions; and
       (3) enhance the Department of Homeland Security's 
     situational awareness of such terrorist and other threats.
       (c) Clearances.--The Secretary of Homeland Security shall 
     make available to appropriate owners and operators of surface 
     transportation assets, and any other person that the 
     Secretary determines appropriate to foster greater sharing of 
     classified information relating to terrorist and other 
     threats to surface transportation assets, the process of 
     application for security clearances under Executive Order 
     13549 (75 Fed. Reg. 162; relating to a classified national 
     security information program) or any successor Executive 
     order.

     SEC. 4. INTEGRATED AND UNIFIED OPERATIONS CENTERS.

       (a) Framework.--Not later than 120 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration, in consultation with 
     the heads of other appropriate offices or components of the 
     Department of Homeland Security, shall make available to 
     public and private sector stakeholders a framework for 
     establishing an integrated and unified operations center 
     responsible for overseeing daily operations of a 
     transportation facility that promotes coordination for 
     responses to terrorism, serious incidents, and other 
     purposes, as determined appropriate by the Administrator.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Administrator of the 
     Transportation Security Administration shall report to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate regarding the establishment and 
     activities of integrated and unified operations centers at 
     transportation facilities at which the Transportation 
     Security Administration has a presence.

     SEC. 5. LOCAL LAW ENFORCEMENT SECURITY TRAINING.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with public and private sector stakeholders, may 
     develop, through the Federal Law Enforcement Training 
     Centers, a training program to enhance the protection, 
     preparedness, and response capabilities of law enforcement 
     agencies with respect to terrorism and other serious 
     incidents at a surface transportation asset.
       (b) Requirements.--If the Secretary of Homeland Security 
     develops the training program described in subsection (a), 
     such training program shall--
       (1) be informed by current information regarding terrorist 
     tactics;
       (2) include tactical instruction tailored to the diverse 
     nature of the surface transportation asset operational 
     environment; and
       (3) prioritize training officers from law enforcement 
     agencies that are eligible for or receive grants under 
     sections 2003 or 2004 of the Homeland Security Act of 2002 (6 
     U.S.C. 604 and 605) and officers employed by railroad 
     carriers that operate passenger service, including interstate 
     passenger service.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nebraska (Mr. Bacon) and the gentlewoman from California (Ms. Barragan) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Nebraska.


                             General Leave

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

[[Page H1674]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nebraska?
  There was no objection.
  Mr. BACON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5089, the Strengthening 
Local Transportation Security Capabilities Act of 2018.
  As evidenced by recent attacks in New York, London, and elsewhere 
around the world, the threat against surface transportation is real and 
unwavering. While the Department of Homeland Security, the 
Transportation Security Administration, and other Federal entities have 
made significant progress in providing support to State and local 
surface transportation assets, the current threat environment 
necessitates a coordinated approach.
  Intelligence sharing is the backbone of informed, risk-based 
security, yet the top-down dissemination of this information is often 
stymied by bureaucracy and classification barriers.
  This begs the question: How effective is intelligence collection and 
analysis if it does not reach the front line and inform subsequent 
decisionmaking?
  H.R. 5089, the Strengthening Local Transportation Security 
Capabilities Act of 2018, requires the DHS Secretary to prioritize the 
assignment of officers and intelligence analysts and, as appropriate, 
the DHS Office of Intelligence and Analysis--or I&A--to fusion centers 
in jurisdictions with high-risk surface transportation assets.
  High-risk surface transportation assets transport millions of people 
and commodities daily and are critical for the vitality of the American 
economy. This legislation will streamline and enhance the intelligence-
sharing process so these high-risk systems are better prepared to be 
resilient against emerging threats.
  A common complaint from owners, operators, law enforcement, and first 
responders is that the TSA, and the Federal Government in general, does 
not provide sufficient information for them to adequately prepare for 
threats. This is primarily due to issues surrounding classification, 
where key personnel at the State and local levels do not have access to 
pertinent security information.
  As such, this bill requires the Secretary to make security clearances 
available to appropriate stakeholders, thereby making important and 
relevant threat information more accessible to the people who are 
heavily involved in the day-to-day security operations of surface 
transportation systems.
  H.R. 5089 also requires the TSA Administrator to share with owners 
and operators a framework for unified operation centers to ensure 
robust response to security incidents.
  Recent terror attacks and plots illustrate the challenges of 
effective coordination in a ``system of systems.'' This bill will 
streamline coordination efforts between Federal, State, and local 
entities to bring the right information to the right people.
  The interconnected, diverse, and readily accessible nature of surface 
transportation systems creates unique security challenges that are best 
addressed by communication, coordination, and collaboration.
  H.R. 5089 will create a structural framework to connect the 
Department of Homeland Security, the Transportation Security 
Administration, and surface transportation stakeholders, and it will 
facilitate timely information sharing.
  I thank the gentlewoman from California (Ms. Barragan) for her 
leadership on this issue. I also thank the chairman of the Subcommittee 
on Transportation and Protective Security, Mr. Katko, as well as the 
ranking member of the subcommittee, Mrs. Watson Coleman, for their 
dedication to improving surface transportation security.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BARRAGAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of my bill, H.R. 5089, 
the Strengthening Local Transportation Security Capabilities Act of 
2018.
  Mr. Speaker, in 2013, my home airport, Los Angeles International 
Airport, came under attack when a gunman opened fire at a TSA security 
checkpoint, killing TSA Officer Gerardo Hernandez and injuring many 
others.

                              {time}  1715

  This shooting was just one of several recent attacks on relatively 
soft targets such as public airport areas and surface transportation 
systems.
  In the wake of the shooting at LAX, Congress passed the Gerardo 
Hernandez Airport Security Act of 2015, which made several important 
security improvements, including directing airports in high-risk 
surface transportation systems to install incident response plans and 
requiring TSA to provide active-shooter training to all of its 
screening personnel. Now, over 2 years later, it is time to take the 
next step in improving security for these soft targets. Enactment of my 
bill, H.R. 5089, is that next step. H.R. 5089 is focused on enhancing 
the capabilities of local transportation security stakeholders to 
prevent and respond to terrorist attacks and other serious incidents.
  State and local stakeholders, including transit system owners and 
operators and law enforcement agencies, play a significant role in 
securing surface transportation systems against threats; yet many 
stakeholders cite a lack of sufficient information from TSA and the 
Federal Government to adequately prepare for these threats.
  The Strengthening Local Transportation Security Capabilities Act of 
2018 requires DHS to prioritize the assignment of officers and 
intelligence analysts to fusion centers in jurisdictions with a high-
risk surface transportation asset, thus improving information sharing.
  Further, it directs TSA to make a framework available to stakeholders 
for establishing operation centers responsible for overseeing daily 
operations of transportation facilities, allowing for improved 
communications.
  Finally, it authorizes DHS to develop a training program through the 
Federal Law Enforcement Training Centers to enhance the capabilities of 
law enforcement agencies operating at surface transportation assets.
  Taken together, the provisions build upon previous efforts to secure 
our transportation systems by enhancing protection, preparedness, and 
response capabilities of State and local partners working to protect 
these critical systems.
  Mr. Speaker, the shooting at LAX, along with attacks on surface 
transportation systems and public airport areas in New Orleans, Fort 
Lauderdale, New York City, and overseas have proven that acts of terror 
are not limited to the aviation sector. To effectively address threats 
to surface transportation systems, State and local stakeholders must be 
able to communicate not only with TSA and the Federal Government, but 
amongst themselves during an incident. My bill seeks to bridge 
potential gaps in communication and coordination capabilities.
  Mr. Speaker, I strongly urge my colleagues to support H.R. 5089, and 
I yield back the balance of my time.
  Mr. BACON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, if we have important information we can't serve to the 
right decisionmakers at the local level, we fail, which we have learned 
from 9/11 and other places where information is bottled up and doesn't 
get to the people who need it. This bill helps solve that.
  Mr. Speaker, I once again urge my colleagues to support this bill, 
and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise as a member of the House 
Committee on Homeland Security, subcommittee on Cybersecurity and 
Infrastructure Protection to speak in strong support of H.R. 5089, 
``the Strengthening Local Transportation Security Capabilities Act of 
2018.''
  Thank you Representative Barragan for introducing this important 
measure, as former Chairwoman of the Homeland Security Subcommittee on 
Transportation Security and Infrastructure Protection I understand the 
value and importance of this bill.
  I have long supported bolstering our Nation's transportation system 
security through improving coordination of local jurisdictions with 
federal law enforcement agencies.
  H.R. 5089 does just that by requiring the Department of Homeland 
Security to prioritize the detailing of personnel from the 
Transportation Security Administration and the DHS Office of 
Intelligence and Analysis to be stationed with participating state, 
local, and-regional fusion center in jurisdictions with a high-risk 
surface transportation asset.

[[Page H1675]]

  In 2013, the Port of Houston which receives over 200 million tons of 
cargo a year was the 8th busiest container port in the nation.
  Houston, also home to George Bush International Airport, the 14th 
busiest airport in the nation, will benefit directly from the resources 
provided in H.R. 5089.
  Our transportation system facilitates economic growth through 
creating jobs, transporting goods, and connecting communities to one 
another.
  This bill requires officers and analysts to participate in the 
generation and dissemination of transportation security intelligence 
products.
  Additionally, H.R. 5089 directs TSA to make available to public and 
private sector stakeholders a framework for establishing integrated and 
unified operations centers responsible for overseeing daily operations 
of transportation facilities to promote coordination for responses to 
terrorism and other serious incidents.
  Finally, it authorizes DHS to develop, through Federal Law 
Enforcement Training Centers, a training program to enhance the 
protection, preparedness, and response capabilities of law enforcement 
agencies with respect to terrorism and other serious incidents at 
surface transportation assets.
  Taken together, the bill's provisions enhance the capabilities of 
local transportation security stakeholders to prevent and respond to 
terrorist attacks and other serious incidents.
  We should support this effort to improve our National security and 
transportation capabilities against terrorism.
  I ask my colleagues to join me in supporting H.R. 5089.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nebraska (Mr. Bacon) that the House suspend the rules 
and pass the bill, H.R. 5089, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BACON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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