[House Report 115-602]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-602
======================================================================
SURFACE TRANSPORTATION SECURITY IMPROVEMENT ACT OF 2018
_______
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. 5131]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5131) to improve the effectiveness of Federal
efforts to identify and address homeland security risks to
surface transportation, secure against vehicle-based attacks,
and conduct a feasibility assessment of introducing new
security technologies and measures, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 5
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Congressional Budget Office Estimate............................. 7
Statement of General Performance Goals and Objectives............ 7
Duplicative Federal Programs..................................... 7
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 7
Federal Mandates Statement....................................... 7
Preemption Clarification......................................... 7
Disclosure of Directed Rule Makings.............................. 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 10
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Security
Improvement Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(2) Public and private sector stakeholders.--The term
``public and private sector stakeholders'' has the meaning
given such term in section 114(u)(1)(C) of title 49, United
States Code.
(3) Surface transportation asset.--The term ``surface
transportation asset'' includes facilities, equipment, or
systems used to provide transportation services by--
(A) a public transportation agency (as such term is
defined in section 1402(5) of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1131(5)));
(B) a railroad carrier (as such term is defined in
section 20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-route
transportation services by over-the-road bus
(as such term is defined in section 1501(4) of
the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6
U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or
systems, as determined by the Secretary.
SEC. 3. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY REVIEW.
Not later than one year after the date of the enactment of this Act,
the Comptroller General of the United States shall evaluate the degree
to which the 2016 Biennial National Strategy for Transportation
Security, as required pursuant to section 114(s) of title 49, United
States Code, that was issued on August 11, 2016, by the Administrator
of the Transportation Security Administration, is reflected in Federal
transportation security programs, budgets, research, staffing levels,
and related efforts and, in carrying out such evaluation, shall
consider the degree to which--
(1) such strategy is sufficiently forward-looking to guide
future Federal efforts relating to transportation security;
(2) Federal transportation security programs, budgets,
research, staffing levels, and related efforts for fiscal year
2018 and beyond are guided by such strategy; and
(3) the annual progress reports submitted to Congress
pursuant to such section subsequent to the issuance of such
strategy provide information on the degree to which such
strategy guides Federal efforts relating to transportation
security.
SEC. 4. RISK SCENARIOS.
(a) In General.--The Secretary of Homeland Security shall annually
develop, consistent with the transportation modal security plans
required under section 114(s) of title 49, United States Code, risk-
based priorities based on risk assessments conducted or received by the
Secretary across all transportation modes that consider threats,
vulnerabilities, and consequences.
(b) Scenarios.--The Secretary of Homeland Security shall ensure that
the risk-based priorities identified pursuant to subsection (a) are
informed by an analysis of terrorist attack scenarios for each
transportation mode, including cyber attack scenarios and intelligence
and open source information about current and evolving threats.
(c) Report.--Not later than 120 days after each development of risk-
based priorities under subsection (a), the Secretary of Homeland
Security shall provide to the appropriate congressional committees a
report that includes the following:
(1) Copies of the risk assessments for each transportation
mode.
(2) A summary that ranks the risks within and across modes.
(3) A description of the risk-based priorities for securing
the transportation sector that identifies and prioritizes the
greatest security needs of such transportation sector, both
across and within modes, in the order that such priorities
should be addressed.
(4) Information on the underlying methodologies used to
assess risks across and within each transportation mode and the
basis for any assumptions regarding threats, vulnerabilities,
and consequences made in assessing and prioritizing risks
within each such mode and across modes.
(d) Classification.--The information provided under subsection (c)
may be submitted in a classified format or unclassified format, as
appropriate.
SEC. 5. ASSESSMENTS AND SECURITY PLANS; FRONTLINE EMPLOYEE SECURITY
TRAINING.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
appropriate congressional committees and the Inspector General of the
Department of Homeland Security a report on--
(1) the status of regulations requiring assessments and
security plans as specified in sections 1405, 1512, and 1531 of
the Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1134, 1162, and 1181) that includes a timeline
for the issuance of a final rulemaking subsequent to the
December 16, 2016, publication in the Federal Register of an
advance notice of proposed rulemaking; and
(2) the status of regulations for a security training program
to prepare transportation employees for potential security
threats and conditions as specified in sections 1408, 1517, and
1534 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1137, 1167, and 1184) that includes a
timeline for the issuance of a final rulemaking subsequent to
the December 16, 2016, publication in the Federal Register of a
notice of proposed rulemaking.
(b) Inspector General Review.--Not later than 120 days after
submission of the report under subsection (a), the Inspector General of
the Department of Homeland Security shall submit to the appropriate
congressional committees a review of such report that includes
information on--
(1) departmental efforts to finalize rulemaking; and
(2) recommendations, as necessary, to ensure implementation
of the regulations referred to in such subsection.
SEC. 6. RESEARCH AND DEVELOPMENT.
(a) Emerging Issues.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Under Secretary for Science and Technology of the
Department of Homeland Security and in coordination with the
Administrator of the Transportation Security Administration, shall
submit to the appropriate congressional committees a feasibility
assessment of modifying the security of surface transportation assets
by--
(1) introducing next generation technologies to be integrated
into systems of surface transportation assets to detect
explosives, including through the deployment of mobile
explosives detection technologies to conduct risk-based
passenger and property screening at such systems;
(2) providing surface transportation asset operators with
access to the Transportation Security Administration's Secure
Flight Program or a similar passenger vetting system maintained
by the Transportation Security Administration;
(3) deploying a credential authentication technology or other
means of identification document inspection to high-risk
surface transportation assets to assist operators conducting
passenger vetting; and
(4) deploying scalable, cost-effective technology solutions
to detect chemical, biological, radiological, nuclear, or
explosive threats within high-risk surface transportation
assets that are capable of passive, continuous, and real-time
sensing and detection of, and alerting passengers and operating
personnel to, the presence of such a threat.
(b) Considerations.--In carrying out the assessment required under
subsection (a), the Secretary of Homeland Security, acting through the
Under Secretary for Science and Technology of the Department of
Homeland Security and in coordination with the Administrator of the
Transportation Security Administration, shall address the
technological, privacy, operational, passenger facilitation, and public
acceptance considerations involved with each security measure
contemplated in such assessment.
SEC. 7. BEST PRACTICES TO SECURE AGAINST VEHICLE-BASED ATTACKS.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Homeland Security shall disseminate best practices to
public and private sector stakeholders regarding how to enhance
transportation security against the threat of a vehicle-based terrorist
attack.
SEC. 8. SURFACE TRANSPORTATION STAKEHOLDER SURVEY.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall begin
conducting a survey of public and private stakeholders responsible for
securing surface transportation assets regarding resource challenges,
including the availability of Federal funding, associated with securing
such assets that provides an opportunity for respondents to set forth
information on specific unmet needs.
(b) Report.--Not later than 120 days after beginning the survey
required under subsection (a), the Secretary of Homeland Security shall
report to the appropriate congressional committees regarding the
results of such survey and the Department of Homeland Security's
efforts to address any identified security vulnerabilities.
SEC. 9. INNOVATIVE TECHNOLOGIES AND CAPABILITIES.
(a) In General.--The Administrator of the Transportation Security
Administration may establish a task force to collaborate with public
and private sector stakeholders to identify and develop an innovative
technology or capability with the potential to enhance transportation
security, including by--
(1) conducting a field demonstration of such a technology or
capability in an operational environment;
(2) gathering performance data from such a demonstration to
inform the acquisition process; and
(3) to the extent practicable, providing funding and
promoting efforts to enable participation in a demonstration by
a small business that has an innovative technology or
capability but does not have adequate resources to participate
in a field demonstration under paragraph (1).
(b) Composition.--The task force authorized under subsection (a)
shall be chaired by the Administrator of the Transportation Security
Administration's designee and comprised of representatives appointed by
the Administrator, in consultation with the Chairperson of the Aviation
Security Advisory Committee (established pursuant to section 44946 of
title 49, United States Code).
(c) Activities.--The chair of the task force shall--
(1) evaluate technologies and capabilities for field
demonstrations with potential to enhance surface transportation
security, in addition to technologies and capabilities with
potential to enhance aviation security;
(2) coordinate with the Science and Technology Directorate of
the Department of Homeland Security to leverage such
technologies and capabilities; and
(3) submit to the Secretary of Homeland Security an annual
report regarding the task force's activities that identifies,
for each such technology or capability, what mode of
transportation could be enhanced by the integration of such
technology or capability into security operations and, as
appropriate, plans for deploying such technology or capability.
(d) Rule of Construction.--Nothing in this section shall require the
Administrator of the Transportation Security Administration to acquire
an innovative technology or capability.
(e) Non-Applicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the task force.
SEC. 10. SECURITY TECHNOLOGIES TIED TO FOREIGN THREAT COUNTRIES.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Homeland Security, acting through the Under Secretary
for Intelligence and Analysis of the Department of Homeland Security,
in consultation with the Under Secretary for the National Protection
and Programs Directorate of the Department, shall submit to the
appropriate congressional committees an assessment of terrorist and
other threats to the transportation sector, including surface
transportation assets, posed by the use of security technologies,
including software and networked technologies, developed or
manufactured by firms that are owned or closely linked to the
governments of countries that are known to pose a cyber or homeland
security threat.
SEC. 11. SURFACE TRANSPORTATION SECURITY INSPECTORS.
(a) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to the appropriate congressional committees
and the Comptroller General of the United States a strategy to guide
operations of surface transportation security inspectors that addresses
the following:
(1) Any limitations in data systems for such inspectors, as
identified by the Comptroller General.
(2) Alignment of operations with risk assessment findings,
including an approach to identifying and prioritizing entities
and locations for inspections.
(3) Measurable objectives for the surface transportation
security inspectors program.
(b) Comptroller General Review.--Not later than 180 days after the
submission of the strategy required under subsection (b), the
Comptroller General of the United States shall review such strategy
and, as appropriate, issue recommendations.
Purpose and Summary
The purpose of H.R. 5131, the Surface Transportation
Security Improvement Act of 2018, is to prioritize and improve
surface transportation security at the Transportation Security
Administration (TSA). This bill requires: a GAO review of the
national strategy for transportation security, the development
of risk-based priorities for all transportation modes, a
feasibility assessment of utilizing security technologies for
surface transportation assets, the dissemination of best
practices for enhancing security against vehicle-based
terrorist attacks, the authorization of the Innovation Task
Force (ITF), a threat assessment of certain security
technologies tied to foreign countries, and a strategy for
surface transportation inspectors.
Background and Need for Legislation
The TSA was originally established in 2001 in response to
the terrorist attacks of September 11th. While the impetus
behind its creation was the threat to aviation security, TSA is
responsible for securing all transportation modes, including
surface transportation assets such as railroads, mass transit,
pipelines, buses, and ports. However, due to the nature of the
9/11 attacks, as well as the persistent threat since, TSA's
main focus has been securing the aviation sector.
Nevertheless, attacks on transportation modes in recent
years have often targeted surface transportation hubs, due to
their porous and accessible configuration and large numbers of
passengers and, on average, result in larger numbers of
casualties. Unsophisticated lone wolf attacks are especially
difficult for TSA and security stakeholders to protect against
since they generally occur without prior warning. Such targets
are more attractive to lone wolf or homegrown violent
extremists since they often require less sophistication. The
most recent example is the attempted pipe bomb attack in
December 2017 at New York City's Port Authority Bus
Terminal.\1\ This bill seeks to review TSA's approach to
securing all transportation modes, including its utilization of
innovative security technologies, and prioritize surface
transportation security in the face of evolving threats.
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\1\ Gingras, Brynn. ``Suspect in attempted `terrorist attack'
pledged allegiance to ISIS, officials say.'' CNN, December 12, 2017.
https://www.cnn.com/2017/12/11/us/new-york-possible-explosion-port-
authority-subway/index.html.
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Hearings
The Committee did not hold any legislative hearings on H.R.
5131 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. 5131,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendment was offered:
An amendment offered by Mrs. Watson Coleman (#1); was AGREED
TO by unanimous consent.
In section 9, re designate subsections (c) through (f) as
subsections (b) through (e), respectively.
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. 5131.
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.
5131, the Surface Transportation Security Improvement 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. 5131 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation seeks to improve the effectiveness of
Federal efforts to identify and address homeland security risks
to surface transportation, secure against vehicle-based
attacks, and conduct a feasibility assessment of introducing
new security technologies and measures.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5131 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
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.
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. 5131 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5131 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
``Surface Transportation Security Improvement Act of 2018''.
Sec. 2. Definitions.
This section defines the terms used in this act including:
``appropriate congressional committees''; ``public and private
sector stakeholders''; and ``surface transportation asset''.
Sec. 3. National Strategy for Transportation Security Review.
This section requires the Comptroller General to evaluate
how much of the 2016 Biennial National Strategy for
Transportation Security has been implemented throughout Federal
transportation security programs, budgets, research, and
related efforts.
Additionally, this section identifies what should be
considered during such evaluation.
Sec. 4. Risk Scenarios.
This section requires the Secretary of Homeland Security to
annually develop risk-based priorities across all
transportation modes that consider threats and vulnerabilities.
Additionally, this section requires that the aforementioned
risk-based priorities be informed by an analysis of terrorist
attack scenarios for each transportation mode.
This section also requires the Secretary to submit a report
to Congress that includes details of all of the risk
assessments including the ranks of each, priority within each
mode of transportation, and the methodologies used to assess
risks.
Sec. 5. Assessments and Security Plans; Frontline Employee Security
Training.
This section requires the Secretary to submit a report to
the appropriate congressional committees regarding the status
of (1) regulations requiring assessments and security plans,
and (2) regulations for a security training program to prepare
transportation employees for potential threats, pursuant to the
Implementing Recommendations of the 9/11 Commission Act of
2007.
Additionally, this section also requires the Inspector
General to submit to congressional committees a review of the
aforementioned report that should detail the departmental
efforts to finalize rulemaking and any recommendations to
ensure implementation of the regulations. The Committee expects
the Inspector General to leverage any relevant ongoing work
when conducting its review of TSA's report.
Sec. 6. Research and Development.
This section requires the Secretary to submit to
Congressional committees a feasibility assessment of modifying
the security of surface transportation assets by introducing
next generation explosives detection technologies, providing
asset operators with access to a passenger vetting system,
deploying credential authentication technology, and deploying
other technology solutions. Additionally, this section requires
the Secretary to address the technological, privacy,
operational, passenger facilitation, and public acceptance
considerations involved with each security measure contemplated
in the assessment.
The Committee encourages TSA to explore integrating
innovative technologies and security measures into current
surface transportation security regimes. However, the Committee
does not necessarily support the adoption of each measure
outlined in this section. The Committee intends to ensure TSA
appropriately considers the potential impacts of adoption of
such measures--such as the potential passenger facilitation
impacts of even relatively minimally intrusive security
measures within high-volume systems--prior to their
implementation.
Sec. 7. Best Practices to Secure Against Vehicle-based Attacks.
This section requires the Secretary to disseminate best
practices to stakeholders regarding ways to enhance
transportation security against the threat of vehicle-based
attacks.
Sec. 8. Surface Transportation Stakeholder Survey.
This section requires the Secretary to begin conducting a
survey of stakeholders responsible for securing surface
transportation regarding resource challenges.
Additionally, this section requires the Secretary to report
the survey results and DHS's efforts to address any
vulnerabilities.
The Committee has received testimony regarding significant
resource challenges facing surface transportation stakeholders,
including at the November 28, 2017, hearing entitled ``Securing
Public Areas of Transportation Systems: Stakeholder
Perspectives,'' and intends for the results of the survey to
inform future TSA activities.
Sec. 9. Innovative Technologies and Capabilities.
This section permits the TSA Administrator to establish a
task force to collaborate with stakeholders to identify and
develop technology to enhance transportation security,
including by promoting efforts to enable small business
participation in technology demonstrations. The task force
shall be chaired by the Administrator's designee and comprised
of representatives appointed by the Administrator, in
consultation with the Chairperson of the Aviation Security
Advisory Committee. Additionally, this section identifies the
duties of the task force chair such as evaluating technologies
with potential to enhance surface transportation and aviation
security and reporting on the task force's activities.
The Committee intends for this section to authorize TSA's
Innovation Task Force in order to improve coordination with
private industry and better utilize innovative security
technologies.
Sec. 10. Security Technologies Tied to Foreign Threat Countries.
This section requires the Secretary to submit an assessment
of threats to the transportation sector posed by the use of
technologies developed or manufactured by firms that are owned
or closely linked to foreign governments that are known to pose
a security threat.
Sec. 11. Surface Transportation Security Inspectors.
This section requires the Administrator to submit a
strategy to guide operations of surface transportation security
inspectors. This strategy shall address limitations in data
systems for inspectors, the alignment of operations with risk
assessment findings, and measurable objectives for the surface
transportation security inspectors program.
Additionally, this section requires the Comptroller General
to review the aforementioned strategy and issue
recommendations.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 5131 makes no changes to existing law.
[all]