[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.