[House Report 115-604]
[From the U.S. Government Publishing Office]
115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
2d Session } { 115-604
======================================================================
STRENGTHENING LOCAL TRANSPORTATION SECURITY CAPABILITIES ACT OF 2017
_______
March 19, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5089]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5089) to improve threat information sharing,
integrated operations, and law enforcement training for
transportation security, and for other purposes, 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 3
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Disclosure of Directed Rule Makings.............................. 4
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
Purpose and Summary
The purpose of H.R. 5089, the Strengthening Local
Transportation Security Capabilities Act of 2018, is to improve
threat information sharing, integrated operations, and law
enforcement training for transportation security. This bill
requires the Secretary of the Department of Homeland Security
(DHS) to prioritize the assignment of officers and intelligence
analysts from the Transportation Security Administration (TSA)
and the DHS Office of Intelligence and Analysis (I&A) to fusion
centers in jurisdictions with high-risk surface transportation
assets, in order to participate in the generation and
dissemination of intelligence products; and make security
clearances available to appropriate stakeholders. It also
requires the TSA Administrator to make available a framework
for establishing an integrated and unified operations center
that oversees the daily operations of a transportation
facility. Lastly, this bill enables the Secretary to develop a
training program through the Federal Law Enforcement Training
Centers (FLETC) to enhance the protection, preparedness, and
response capabilities of law enforcement agencies for terrorism
incidents at surface transportation assets.
Background and Need for Legislation
More so than the aviation sector, State and local law
enforcement, as well as owners and operators of transportation
assets, play a major role in securing surface transportation
modes. A common complaint by these stakeholders is that TSA-and
the federal government in general-does not provide sufficient
information for them to adequately prepare for threats. This is
primarily due to the classified nature of the information and
the lack of security clearances for many of these stakeholders.
This bill seeks to address these issues by increasing
information sharing and making security clearances available to
appropriate stakeholders. In addition, stakeholders have noted
that active shooter and other incidents at transportation
venues--such as the shooting at Los Angeles International
Airport in November 2013 and false reports of a shooting at
John F. Kennedy International Airport in August 2016--have led
to chaotic evacuations and mismanaged communications. In
January 2017, DHS called for airports to establish unified
operations centers to address these issues. This bill seeks to
assist airports by directing TSA to make available a framework
for an operations center for transportation facilities.
Finally, it seeks to assist surface transportation asset owners
and operators to secure their systems by, developing a training
program for law enforcement with a focus on surface
transportation threats. It is imperative that TSA collaborate
with both public and private stakeholders in order to
sufficiently overcome the unique challenges to securing surface
transportation. This bill will ensure that TSA improves its
relationships with transportation facility stakeholders, as
well as State and local law enforcement
Hearings
The Committee did not hold any legislative hearings on H.R.
5089 in the 115th Congress. However, this legislation was
informed by a joint Subcommittee on Transportation and
Protective Security and Subcommittee on Emergency Preparedness,
Response, and Communications hearing on January 30, 2018
entitled ``Securing our Surface Transportation Systems:
Examining the Department of Homeland Security's Role in Surface
Transportation Technologies.'' The Subcommittee received
testimony from Ms. Sonya Proctor, Director of Surface Division,
Office of Security Policy and Industry Engagement,
Transportation Security Administration; Mr. Robert Pryor,
Director of Intermodal Division, Office of Requirements and
Capabilities Analysis, Transportation Security Administration;
Mr. Donald E. Roberts, Program Manager of Explosive Threat
Detection, Explosives Division, Homeland Security Advanced
Research Projects Agency, DHS Science and Technology
Directorate; and Mr. Brian Michael Jenkins, Director, National
Transportation Security Center of Excellence, Mineta
Transportation Institute.
This legislation was also informed by a Subcommittee on
Transportation and Protective Security hearing on November 28,
2017 entitled ``Securing Public Areas of Transportation
Systems: Stakeholder Perspectives.'' The Subcommittee received
testimony from Mr. Charles Cunningham, Director of Homeland
Security and Emergency Management, Delaware River Port
Authority (DRPA) Public Safety/PATCO; Mr. Thomas J. Nestel,
III, Chief of Transit Police, Southeastern Pennsylvania
Transportation Authority (SEPTA); Mr. Douglas Lemanowicz,
Lieutenant of Special Operations Section, New Jersey State
Police; and Mr. Christopher Trucillo, Chief of Transit Police,
New Jersey Transit.
Committee Consideration
The Committee met on March 7, 2018, to consider H.R. 5089,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by unanimous
consent.
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. 5089.
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.
5089, the Strengthening Local Transportation Security
Capabilities Act of 2018, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 5089 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation seeks to improve threat information
sharing, integrated operations, and law enforcement training
for transportation security.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5089 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
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
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 5089 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5089 would require no
directed rule makings.
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 this bill may be cited as the
``Strengthening Local Transportation Security Capabilities Act
of 2018''.
Sec. 2. Definitions.
This section defines the terms used in this act including:
``public and private sector stakeholders''; ``surface
transportation asset''; and ``transportation facility''.
Sec. 3. Threat Information Sharing.
This section requires the DHS Secretary to prioritize the
locations of officers and intelligence analysts to
jurisdictions that have a high-risk surface transportation
asset in order to enhance the security of such assets and
improve timely information sharing regarding terrorist threats.
These locations are jurisdictions with participating State,
local, and regional fusion centers.
Additionally, this section requires these officers and
analysts to participate in generating and disseminating
transportation security intelligence products that have an
emphasis on threats to surface transportation.
Further, this section permits the Secretary to allow access
to the application process for security clearances for
individuals that would foster greater information sharing
regarding threats to surface transportation.
Sec. 4. Integrated and Unified Operations Centers.
This section requires the TSA Administrator to make
available a framework for establishing an operations center
that will oversee the daily operations of a transportation
facility that promotes response coordination to major events.
Additionally, this section requires the TSA Administrator
to report to Congress regarding the establishment of these
operations centers.
Sec. 5. Local Law Enforcement Security Training.
This section permits the Secretary to develop a training
program through the Federal Law Enforcement Training Centers to
enhance the capabilities of law enforcement agencies with
respect to terrorism and other events at surface transportation
sites.
Additionally, this section outlines the requirements of the
training program should the Secretary develop it.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 5089 makes no changes to existing law.
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