[House Report 117-26]
[From the U.S. Government Publishing Office]


117th Congress   }                                            {   Report
                         HOUSE OF REPRESENTATIVES
 1st Session     }                                            {   117-26

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



 
 TRANSPORTATION SECURITY PUBLIC HEALTH THREAT PREPAREDNESS ACT OF 2021

                                _______
                                

 April 30, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1895]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1895) to enhance the preparedness of the 
Transportation Security Administration for public health 
threats to the transportation security system of the United 
States, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     3
Federal Mandates Statement.......................................     5
Duplicative Federal Programs.....................................     5
Statement of General Performance Goals and Objectives............     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation...................     6

                          PURPOSE AND SUMMARY

    H.R. 1895, the ``Transportation Security Public Health 
Threat Preparedness Act of 2021,'' authorizes the 
Transportation Security Administration (TSA) to analyze the 
preparedness of the Nation's transportation security system for 
public health threats. The analysis should include information 
sharing challenges among Department of Homeland Security (DHS) 
components, other Federal agencies, international entities, and 
stakeholders, as well as impacts to TSA policies and 
procedures.
    H.R. 1895 requires TSA to brief Congress on the public 
health threat analysis, as well as necessary technologies at 
airport checkpoints to protect from these threats and the 
estimated costs of the technology improvements. Additionally, 
the briefing to Congress should describe security checkpoint 
policies and procedures to protect TSA personnel, passengers, 
aviation workers, and airport personnel from public health 
threats to the transportation security system. The briefing 
should also note TSA's role--and how it can be improved--in 
establishing priorities, developing solutions, and coordinating 
and sharing information with the relevant domestic and 
international entities during a public health threat. In 
addition, H.R. 1895 authorizes non-frontline TSA personnel to 
be detailed to other DHS components and Federal agencies to 
improve coordination to prepare for, protect against, and 
respond to these public health threats.

                  BACKGROUND AND NEED FOR LEGISLATION

    Throughout the COVID-19 pandemic, TSA has worked jointly 
with other Federal agencies to identify and implement best 
practices for preventing the spread of the coronavirus 
throughout the United States' transportation systems. It has 
relied on the expertise of other Federal entities, including 
the Centers for Disease Control and Prevention (CDC) and 
Department of Transportation, to develop and implement 
initiatives like its January 2021 security directives (SDs) and 
emergency amendment (EA) that require travelers to wear masks 
throughout transportation systems. The SDs and EA closely 
mirror the CDC order issued two days prior that mandates 
travelers to wear masks on all modes of transportation, 
including airplanes, trains, subways, boats, and within 
transportation hubs such as airports and train stations. In 
addition to drawing from other Federal agencies, TSA itself has 
lent its resources in the form of personnel to the Federal 
Emergency Management Agency through its Surge Capacity Force to 
assist with administering vaccines across the country.
    Temporary assignments of TSA personnel to Federal agencies 
like the CDC and other components within DHS present mutually 
beneficial opportunities for Federal inter-and 
intradepartmental transportation security efforts. Enabling TSA 
to detail its analysts, subject matter experts, and management 
officials with firsthand expertise in transportation security 
to these partners will inform their work to protect travelers 
in the face of future public health threats. Importantly, this 
bill allows for personnel details without impacting the 
frontline TSA workforce available for screening and security 
functions.
    H.R. 1895 further seeks to remedy concerns that the COVID-
19 pandemic has exposed vulnerabilities in the United States' 
transportation security system with respect to protecting the 
traveling public and transportation security workers from 
public health threats generally. The analysis mandated by H.R. 
1895 of risks of public health threats to the transportation 
security system, also to be conducted in cooperation with 
inter-and intra-agency partners and transportation security 
stakeholders, will give Congress a better understanding of the 
Nation's transportation security preparedness. It will also 
compel TSA to be forward-looking about the technologies, 
procedures, and responsibilities needed to effectively prepare 
for, protect against, and respond to public health threats to 
the country's transportation security system in the future.

                                HEARINGS

    For the purposes of clause 3(c)(6) of House Rule XIII, the 
following hearing was used to develop H.R. 1895:
    The Committee did not hold a legislative hearing on H.R. 
1895 in the 117th Congress. However, the legislation was 
informed by a hearing held in the 116th Congress on June 18, 
2020. The Subcommittee on Transportation and Maritime Security 
received testimony from Kevin M. Burke, President and Chief 
Executive Officer, Airports Council International-North 
America; Sara Nelson, International President, Association of 
Flight Attendants-Communications Workers of America; Neema 
Singh Guliani, Senior Legislative Council, American Civil 
Liberties Union; and Victoria Emerson Barnes, Executive Vice 
President for Public Affairs and Policy, U.S. Travel 
Association.

                        COMMITTEE CONSIDERATION

    The Committee met on March 18, 2021, with a quorum being 
present, to consider H.R. 1895 and ordered the measure to be 
reported to the House with a favorable recommendation, without 
amendment, by unanimous consent.
    No amendments were offered during consideration of H.R. 
1895.

                            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. 1895.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

CONGRESSIONAL BUDGET OFFICE ESTIMATE NEW BUDGET AUTHORITY, ENTITLEMENT 
                    AUTHORITY, AND TAX EXPENDITURES

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee adopts as its 
own the estimate of the estimate of new budget authority, 
entitlement authority, or tax expenditures or revenues 
contained in the cost estimate prepared by the Director of the 
Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 23, 2021.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimates for H.R. 1871, the 
Transportation Security Transparency Improvement Act; H.R. 
1877, the Security Screening During COVID-19 Act; H.R. 1893, 
the Transportation Security Preparedness Act of 2021; and H.R. 
1895, the Transportation Security Public Health Threat 
Preparedness Act of 2021.
    If you wish further details on those estimates, we will be 
pleased to provide them. The CBO staff contact is Aaron 
Krupkin.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    On March 18, the House Committee on Homeland Security 
ordered reported the following bills:
    H.R. 1871, the Transportation Security Transparency 
Improvement Act, would direct the Transportation Security 
Administration (TSA) to improve the transparency of the 
agency's guidelines for sensitive security information (SSI) 
and international aviation security directives by clearly 
designating SSI, reviewing and updating SSI guidelines, 
coordinating with aviation industry and law enforcement 
personnel, and briefing the Congress.
    H.R. 1877, the Security Screening During COVID-19 
Act, would direct TSA, in consultation with the Department of 
Health and Human Services, to issue and begin implementing a 
plan to reduce the risk of coronavirus transmission at TSA 
checkpoints. The bill also would require the Government 
Accountability Office (GAO) to review that plan.
    H.R. 1893, the Transportation Security Preparedness 
Act of 2021, would direct TSA to survey its workforce and 
report to the Congress regarding the agency's efforts to 
mitigate transmission of the COVID-19 virus among the 
workforce. The bill also would require TSA to develop and 
biennially review a plan for addressing future outbreaks of 
communicable diseases, which would be reviewed by GAO.
    H.R. 1895, the Transportation Security Public 
Health Threat Preparedness Act of 2021, would authorize TSA to 
provide personnel to other federal agencies to coordinate 
efforts to address public health threats to the U.S. 
transportation security system. In addition, the bill would 
require TSA to evaluate and report to the Congress on how well 
prepared the transportation security system is to face public 
health threats.
    Most of the activities required under those bills, other 
than the TSA survey and the reporting requirements for TSA and 
GAO, are similar to those already being planned or implemented 
under current law. Accordingly, and based on the cost of 
similar activities, CBO estimates that the cost of implementing 
each bill would be insignificant over the 2021-2026 period. Any 
spending would be subject to the availability of appropriated 
funds.
    The CBO staff contact for these estimates is Aaron Krupkin. 
The estimates were reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      DUPLICATIVE FEDERAL PROGRAMS

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 1895 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

                    PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the objective of H.R. 1895 is to 
authorize TSA to temporarily assign certain personnel to other 
Federal agencies and inter-departmental components to prepare 
for, respond to, and mitigate public health threats, and to 
require an analysis of the Nation's transportation security 
state of preparedness to counter such public health threats.

                          ADVISORY ON EARMARKS

    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(d), 9(e), or 9(f) of the rule 
XXI.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    This section states that the Act may be cited as the 
``Transportation Security Public Health Threat Preparedness Act 
of 2021.''

Sec. 2. Definitions

    Section 2 defines the terms ``Administrator,'' 
``appropriate congressional committees,'' ``Department,'' 
``sterile area,'' and ``TSA'' for the purposes of the bill.

Sec. 3. Authorization of TSA personnel details

    Subsection 3(a) authorizes the TSA Administrator to detail 
TSA personnel not involved in frontline security work to other 
DHS components and other Federal agencies to improve 
coordination with those components and agencies to prepare for, 
protect against, and respond to public health threats to the 
United States' transportation security system.
    Subsection 3(b) requires the TSA Administrator to brief 
Congress on coordination improvement efforts under subsection 
3(a) no later than 180 days after the bill's enactment.

Sec. 4. TSA preparedness

    Subsection 4(a)(1) requires the TSA Administrator to 
conduct an analysis of the preparedness of the United States' 
transportation security system to respond to public health 
threats. The analysis must include, at minimum:
    (A) The risks of public health threats to the 
transportation security system of the United States, including 
to transportation hubs, transportation security stakeholders, 
TSA personnel, and passengers.
    (B) Information sharing challenges among relevant 
components of DHS, other Federal agencies, international 
entities, and transportation security stakeholders.
    (C) Impacts to TSA policies and procedures for securing the 
transportation security system.
    Subsection 4(a)(2) dictates that the Administrator must 
conduct the analysis in coordination with the DHS Chief Medical 
Officer, the Secretary of the Department of Health and Human 
Services, and transportation security stakeholders.
    Subsection 4(b) requires the TSA Administrator to brief the 
appropriate congressional committees within 180 days of 
enactment on the following:
    (1) The analysis under subsection (a).
    (2) Technology needed by TSA to combat public health 
threats at security screening checkpoints to better protect TSA 
personnel, passengers, aviation workers, and other personnel 
authorized to access the sterile area of an airport from future 
public health threats, and the estimated cost of technology 
investments necessary to fully implement these solutions across 
the aviation system.
    (3) Policies and procedures TSA and transportation security 
stakeholders have implemented to protect TSA personnel, 
passengers, aviation workers, and other personnel authorized to 
access the sterile area of an airport from future public health 
threats, as well as future plans for additional measures 
relating to such protection.
    (4) The role of TSA in establishing priorities, developing 
solutions, and coordinating and sharing information with 
relevant domestic and international entities during a public 
health threat to the transportation security system, and how 
TSA can improve its leadership role in these areas.