[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.

                                  [all]