[House Report 115-778]
[From the U.S. Government Publishing Office]


115th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {      115-778

======================================================================



 
     SECURING PUBLIC AREAS OF TRANSPORTATION FACILITIES ACT OF 2018

                                _______
                                

 June 22, 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. 5766]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5766) to improve the security of public areas of 
transportation facilities, 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..............................................     1
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
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..............................     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

                          PURPOSE AND SUMMARY

    H.R. 5766 authorizes the Secretary of Homeland Security to 
establish a working group to promote collaboration between the 
Department of Homeland Security (DHS) and public and private 
stakeholders to identify and develop non-binding 
recommendations to enhance security in public areas of 
transportation facilities. This legislation directs the working 
group to investigate and provide recommendations on prevention 
of terrorist attacks in public transportation facilities 
through strategic planning with law enforcement, coordinated 
incident response procedures, infrastructure protections 
through use of security technology, and productive information 
sharing between DHS and public and private stakeholders. Within 
one year of the establishment of the working group, and 
annually thereafter for five years, the Secretary will report 
to relevant Congressional Committees on the findings and 
recommendations of the working group. This report shall be 
widely disseminated by the Secretary with the aim to enhance 
best practices across DHS and industry stakeholders.
    In addition, this bill requires the Administrator of the 
Transportation Security Administration to submit a report to 
Congress a review of regulations, policies and procedures 
regarding transportation of a firearm and ammunition. Any plans 
to modify any such regulations or procedures will also be 
included in the report by the Administrator. H.R. 5766 focuses 
on enhancing research and information sharing between public 
and private stakeholders and DHS to hinder criminal and 
terrorist activities at transportation facilities throughout 
the United States.

                  BACKGROUND AND NEED FOR LEGISLATION

    Recent and persistent threats to public areas of 
transportation have proliferated to include targeting of public 
areas of transportation facilities. These crowded spaces, also 
known as soft targets, are often highly vulnerable to attack, 
due to their lower levels of security and high volume of 
passenger traffic. The 2016 terror attack in Brussels Zaventem 
airport reveal the vulnerabilities of non-sterile areas of 
public transportation facilities. In addition, the recent trend 
in use of vehicular terror attacks indicate a need to focus on 
protecting susceptible soft targets.
    This legislation aims to increase dialogue and research on 
how to prevent terrorist attacks at public transportation 
facilities. The working group that is established by this bill 
will require collaboration across public and private 
stakeholders with the Department of Homeland Security to 
research new strategies that will enhance security at public 
transportation sites and protect soft target areas. The reports 
submitted will provide Congress new opportunities to provide 
oversight and proper implementation of these new findings 
established by the working group.

                                HEARINGS

    The Committee held no hearings on H.R.5766, however the 
Committee held the following oversight hearings which informed 
this legislation.
    114th Congress
    On September 17, 2015, the Subcommittee on Transportation 
Security and the Subcommittee on Counterterrorism and 
Intelligence held a joint hearing entitled ``Safeguarding our 
Nation's Surface Transportation Systems Against Evolving 
Terrorist Threats.'' The Subcommittees received testimony from 
Mr. Eddie Mayenschein, Assistant Administrator, Office of 
Security Policy and Industry Engagement, Transportation 
Security Administration, U.S. Department of Homeland Security; 
Ms. Jennifer Grover, Director, Transportation Security and 
Coast Guard Issues, Homeland Security and Justice Team, U.S. 
Government Accountability Office; Mr. Raymond Diaz, Director of 
Security, Metropolitan Transportation Authority (New York); and 
Ms. Polly Hanson, Chief of Police, National Railroad Passenger 
Corporation (Amtrak).
    115th Congress
    On November 28, 2017, the Subcommittee held a field hearing 
in Trenton, New Jersey, entitled "Securing Public Areas of 
Transportation Systems: Stakeholder Perspectives." The 
Subcommittee received testimony from Mr. Charles Cunningham, 
Director, Homeland Security and Emergency Management, Delaware 
River Port Authority (DRPA) Public Safety / PATCO; Mr. Thomas 
J. Nestel, III, Chief, Transit Police, Southeastern 
Pennsylvania Transportation Authority (SEPTA); Mr. Douglas 
Lemanowicz, Lieutenant, Special Operations Section, New Jersey 
State Police, State of New Jersey; and Mr. Christopher 
Trucillo, Chief, Transit Police, New Jersey Transit.
    On January 30, 2018, the Subcommittee on Transportation and 
Protective Security and the Subcommittee on Emergency 
Communications, Preparedness, and Response held a joint hearing 
entitled "Securing Our Surface Transportation Systems: 
Examining the Department of Homeland Security's Role in Surface 
Transportation Technologies." The Subcommittees received 
testimony from Ms. Sonya Proctor, Director, Surface Division, 
Office of Security Policy and Industry Engagement, 
Transportation Security Administration, U.S. Department of 
Homeland Security; Mr. Robert Pryor, Director, Intermodal 
Division, Office of Requirements and Capabilities Analysis, 
Transportation Security Administration, U.S. Department of 
Homeland Security; Mr. Donald E. Roberts, Program Manager, 
Explosive Threat Detection, Explosives Division, Homeland 
Security Advanced Research Projects Agency, Science and 
Technology Directorate, U.S. Department of Homeland Security; 
and Mr. Brian Michael Jenkins, Director, National 
Transportation Security Center of Excellence, Mineta 
Transportation Institute.

                        COMMITTEE CONSIDERATION

    The Committee met on June 6, 2018, to consider H.R. 5766, 
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.W66.

                      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. 
5766, the Securing Public Areas of Transportation Facilities 
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. 5766 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation directs the Secretary of Homeland Security 
to establish a working group to determine effective strategies 
to enhance security at public transportation facilities, and 
requires that a report of those findings to be submitted 
annually to the appropriate Congressional Committees.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4911 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. 5766 does 
not preempt any State, local, or Tribal law.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    The Committee estimates that H.R. 5766 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 
``Securing Public Areas of Transportation Facilities Act of 
2018''.

Sec. 2.   Definitions.

    This section defines the terms used in this bill including 
``public and private sector stakeholders'' and ``surface 
transportation asset''.

Sec. 3.   Public Area Security Working Group.

    This section instructs the Secretary of Homeland Security 
to establish a working group to promote collaborative 
engagement between the Department of Homeland Security and 
public and private sector stakeholders to develop non-binding 
recommendations for enhancing security in public areas of 
transportation facilities (including facilities that are 
surface transportation assets). These recommendations include 
the following topics: information sharing and interoperable 
communication capabilities among the Department of Homeland 
Security and public and private stakeholders with respect to 
terrorist or other threats; coordinated incident response 
procedures; the prevention of terrorist attacks and other 
incidents through strategic planning, security training, 
exercise and drills, and law enforcement patrols, working 
vetting, and suspicious activity reporting; and infrastructure 
protection through effective construction design barriers and 
installation of advanced surveillance and other security 
technologies.
    The Secretary of the Department of Homeland Security shall 
report on the working group's organization, participation, 
activities, findings, and non-binding recommendations for the 
immediately preceding 12-month period. This report will be 
submitted not later than one year after the establishment of 
the working group, and annually thereafter for five years. The 
Secretary shall report these findings to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, Transportation of the Senate. 
Further, the Secretary may publish a public version of such 
report that describes the working group's activities, and such 
related matters as would be informative to the public, 
consistent with section 552(b) of title 5, United States Code.
    The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the working group established under subsection (a) 
or any subsidiary thereof.

Sec. 4.   Technical Assistance.

    This section requires the Secretary of Homeland Security to 
inform owners and operators of surface transportation assets 
about the availability of technical assistance, including 
vulnerability assessment tools and cybersecurity guidelines, to 
help protect and enhance the resilience of public areas of such 
assets; and subject to the availability of appropriations, 
provide such technical assistance to requesting owners and 
operators of surface transportation assets.
    Not later than one year after the date of the enactment of 
this Act, the Secretary of Homeland Security shall publish on 
the Department of Homeland Security's website and widely 
disseminate, as appropriate, best practices for protecting and 
enhancing the resilience of public areas of transportation 
facilities (including facilities that are surface 
transportation assets), along with associated frameworks or 
templates for implementation. These best practices shall be 
updated periodically.

Sec. 5.   Review.

    This sections requires the Administrator of the 
Transportation Security Administration to submit a report 
including a review of regulations, directives, policies, and 
procedures issued by the Administrator regarding the 
transportation of a firearm and ammunition, and, as 
appropriate, information on plans to modify any such 
regulation, directive, policy, or procedure based on such 
review. This report will be submitted to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.
    In preparing the report, the TSA Administrator shall 
consult with the Aviation Security Advisory Committee 
(established pursuant to section 44946 of title 49, United 
States Code) and appropriate public and private sector 
stakeholders.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    As reported, H.R. 5766 makes no changes to exisiting law.

                                  [all]