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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.
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