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[House Report 114-776]
[From the U.S. Government Publishing Office]

114th Congress     }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                   {       114-776

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             TRANSIT SECURITY GRANT PROGRAM FLEXIBILITY ACT

                                _______
                                

 September 20, 2016.--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. 5943]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5943) to amend the Implementing Recommendations 
of the 9/11 Commission Act of 2007 to clarify certain allowable 
uses of funds for public transportation security assistance 
grants and establish periods of performance for such grants, 
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..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     5
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    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 ``Transit Security Grant Program 
Flexibility Act''.

SEC. 2. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION SECURITY 
                    ASSISTANCE GRANTS.

  Subparagraph (A) of section 1406(b)(2) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
1135(b)(2); Public Law 110-53) is amended by inserting ``and associated 
backfill'' after ``security training''.

SEC. 3. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION SECURITY 
                    ASSISTANCE GRANTS.

  Section 1406 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) is amended--
          (1) by redesignating subsection (m) as subsection (n); and
          (2) by inserting after subsection (l) the following new 
        subsection:
  ``(m) Periods of Performance.--
          ``(1) In general.--Except as provided in paragraph (2), funds 
        provided pursuant to a grant awarded under this section for a 
        use specified in subsection (b) shall remain available for use 
        by a grant recipient for a period of not fewer than 36 months.
          ``(2) Exception.--Funds provided pursuant to a grant awarded 
        under this section for a use specified in subparagraph (M) or 
        (N) of subsection (b)(1) shall remain available for use by a 
        grant recipient for a period of not fewer than 55 months.''.

SEC. 4. GAO REVIEW.

  (a) In General.--The Comptroller General of the United States shall 
conduct a review of the transit security grant program under section 
1406 of the Implementing Recommendations of the 9/11 Commission Act of 
2007 (6 U.S.C. 1135; Public Law 110-53).
  (b) Scope.--The review required under paragraph (1) shall include the 
following:
          (1) An assessment of the type of projects funded under the 
        transit security grant program.
          (2) An assessment of the manner in which such projects 
        address threats to transportation infrastructure.
          (3) An assessment of the impact, if any, of this Act 
        (including the amendments made by this Act) on types of 
        projects funded under the transit security grant program.
          (4) An assessment of the management and administration of 
        transit security grant program funds by grantees.
          (5) Recommendations to improve the manner in which transit 
        security grant program funds address vulnerabilities in 
        transportation infrastructure.
          (6) Recommendations to improve the management and 
        administration of the transit security grant program.
  (c) Report.--Not later than one year after the date of the enactment 
of this Act and again not later than five years after such date of 
enactment, the Comptroller General shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report on 
the review required under this section.

                          Purpose and Summary

    The purpose of H.R. 5943 is to amend the Implementing 
Recommendations of the 9/11 Commission Act of 2007 to clarify 
certain allowable uses of funds for public transportation 
security assistance grants and establish periods of performance 
for such grants, and for other purposes.

                  Background and Need for Legislation

    Authorized in section 1406 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007, the Transit 
Security Grant Program (TSGP) provides funds to eligible 
transit agencies for capital and operational projects. TSGP 
recipients have noted that the period of performance, the time 
in which grant recipients have to expend grant funds, has 
hindered their ability to complete some projects. H.R. 5943 
would address this challenge by codifying the period of 
performance for TSGP awards at thirty-six months for the 
majority of eligible projects and extending the period of 
performance for large-scale capital security projects to fifty-
five months to allow for grant close out.
    Additionally, TSGP awards can be used to provide personnel 
with security training. Unfortunately, recipients of these 
awards are not permitted to use TSGP funds to pay for 
backfilling personnel attending such training. In some cases, 
that extra cost to the transit agency has resulted in an 
inability to send staff for security training. H.R. 5943 
provides flexibility to transit agencies eligible for TSGP 
funding by allowing grant recipients to use funding for 
security training related backfill, consistent with other 
homeland security grants.

                                Hearings

    The Committee did not hold any legislative hearings on H.R. 
5943 in the 114th Congress. However, this legislation was 
informed by a Subcommittee on Emergency Preparedness, Response, 
and Communications field hearing in Jersey City, New Jersey, on 
June 21, 2016, entitled ``Protecting our Passengers: 
Perspectives on Securing Surface Transportation in New Jersey 
and New York.'' The Subcommittee 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. 
Thomas Belfiore, Chief Security Officer, The Port Authority of 
New York and New Jersey; Mr. Raymond Diaz, Director of 
Security, Metropolitan Transportation Authority (New York); Mr. 
Christopher Trucillo, Chief of Police, New Jersey Transit 
Police Department; Mr. Martin Conway, Deputy Police Chief, 
National Railroad Passenger Corporation--AMTRAK; Sergeant W. 
Greg Kierce, Director, Office of Emergency Management and 
Homeland Security, City of Jersey City, New Jersey; Mr. Rick 
Sposa, Operations Coordinator, Emergency Medical Services, 
Jersey Medical Center; Lieutenant Vincent Glenn, Commander, 
Emergency Service Unit, Police Department, Jersey City, New 
Jersey; Captain Richard D. Gorman, Office of Emergency 
Management and Homeland Security, Department of Fire and 
Emergency Services, Jersey City, New Jersey; and Mr. Mike 
Mollahan, Trustee, Port Authority Police Benevolent 
Association.

                        Committee Consideration

    The Committee met on September 13, 2016, to consider H.R. 
5943, and ordered the measure to be reported to the House with 
a favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:

 An amendment by Mr. Payne (#1); was agreed to by voice vote.

     Add the end a new section entitled ``Sec. 4. GAO Review.''

                            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. 5943.

                      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. 
5943, the Transit Security Grant Program Flexibility Act, would 
result in no new or increased budget authority, entitlement 
authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 19, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security.
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5943, the Transit 
Security Grant Program Flexibility Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 5943--Transit Security Grant Program Flexibility Act

    H.R. 5943 would amend the Implementing Recommendations of 
the 9/11 Commission Act of 2007 to stipulate the length of time 
that grants for security improvements to public transit systems 
made to public transportation agencies by the Federal Emergency 
Management Agency (FEMA) must remain available. Under the bill 
grants that are made specifically for improvements to public 
transit systems under construction or for improvements to 
public transit infrastructure would have to remain available to 
the recipient for at least 55 months. All other such grants 
would have to remain available to the recipient for at least 36 
months.
    Under current law, FEMA has the authority to determine and 
subsequently extend the length of time, known as the Period of 
Performance (POP), that a grantee has to complete a project on 
a case by case basis and no minimum amount of time is required. 
If the POP is exceeded before the grant is used and no 
extension is provided, FEMA revokes the remainder of the grant 
funds and returns them to the Treasury.
    Enacting this bill could extend the POP for some grants 
that would have otherwise expired under current law. CBO 
estimates that such extensions could increase direct spending 
of grant funding that has already been appropriated; therefore, 
pay-as-you-go procedures apply. However, based on information 
from FEMA about the amount and frequency of grant funds that 
expire, CBO estimates that any such increase would be 
insignificant in any year over the 2017-2026 period. Enacting 
the bill would not affect revenues.
    The bill also would require the Government Accountability 
Office (GAO) to conduct a review of the FEMA transit security 
grant program and to submit a report to the Congress on their 
findings within one year of the bill's enactment. Based on 
information from GAO about the amount of effort required to 
complete the review and report, CBO estimates that implementing 
H.R. 5943 would cost about $1 million in 2017 and a negligible 
amount over the remainder of the 5-year period. Any such 
spending would be subject to the availability of appropriated 
funds.
    CBO estimates that enacting H.R. 5943 would not increase 
net direct spending or on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2027.
    H.R. 5943 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit public transit systems and agencies by providing 
greater flexibility in the use of federal transit security 
grants.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was approved by Theresa Gullo, Assistant Director 
for Budget Analysis.

         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. 5943 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation would ensure TSGP recipients could 
effectively utilize such funds to pay for the cost to backfill 
personnel attending security training and ensure large-scale 
capital security projects funded by TSGP could be successfully 
completed within the allotted period of performance.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 5943 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

    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.

                        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. 5943 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5943 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 
``Transit Security Grant Program Flexibility Act''.

Sec. 2.   Allowable uses of Funds for Public Transportation Security 
        Assistance Grants.

    This section amends section 1406 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 to permit 
grant recipients to use funding to pay for backfill associated 
with sending personnel to security training.

Sec. 3.   Periods of Performance for Public Transportation Security 
        Assistance Grants.

    This section sets the period of performance for grants 
awarded under the Transit Security Grant Program at 36 months, 
with the exception of large-scale capital security projects. 
The bill sets the period of performance for those projects at 
55 months.

Sec. 4.   GAO Review.

    This section requires the Government Accountability Office 
(GAO) to conduct a review of the Transit Security Grant 
Program, including the impact and effectiveness of the changes 
required in this legislation as well as recommendations to 
improve the program. GAO is required to report the findings of 
their review to Congress no later than one year after the date 
of enactment of this bill and again no later than five years 
after the date of enactment of this bill.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

SECTION 1406 OF THE IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION 
                              ACT OF 2007

SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE

  (a) Security Assistance Program.--
          (1) In general.--The Secretary shall establish a 
        program for making grants to eligible public 
        transportation agencies for security improvements 
        described in subsection (b).
          (2) Eligibility.--A public transportation agency is 
        eligible for a grant under this section if the 
        Secretary has performed a security assessment or the 
        agency has developed a security plan under section 
        1405. Grant funds shall only be awarded for permissible 
        uses under subsection (b) to--
                  (A) address items included in a security 
                assessment; or
                  (B) further a security plan.
  (b) Uses of Funds.--A recipient of a grant under subsection 
(a) shall use the grant funds for one or more of the following:
          (1) Capital uses of funds, including--
                  (A) tunnel protection systems;
                  (B) perimeter protection systems, including 
                access control, installation of improved 
                lighting, fencing, and barricades;
                  (C) redundant critical operations control 
                systems;
                  (D) chemical, biological, radiological, or 
                explosive detection systems, including the 
                acquisition of canines used for such detection;
                  (E) surveillance equipment;
                  (F) communications equipment, including 
                mobile service equipment to provide access to 
                wireless Enhanced 911 (E911) emergency services 
                in an underground fixed guideway system;
                  (G) emergency response equipment, including 
                personal protective equipment;
                  (H) fire suppression and decontamination 
                equipment;
                  (I) global positioning or tracking and 
                recovery equipment, and other automated-
                vehicle-locator-type system equipment;
                  (J) evacuation improvements;
                  (K) purchase and placement of bomb-resistant 
                trash cans throughout public transportation 
                facilities, including subway exits, entrances, 
                and tunnels;
                  (L) capital costs associated with security 
                awareness, security preparedness, and security 
                response training, including training under 
                section 1408 and exercises under section 1407;
                  (M) security improvements for public 
                transportation systems, including extensions 
                thereto, in final design or under construction;
                  (N) security improvements for stations and 
                other public transportation infrastructure, 
                including stations and other public 
                transportation infrastructure owned by State or 
                local governments; and
                  (O) other capital security improvements 
                determined appropriate by the Secretary.
          (2) Operating uses of funds, including--
                  (A) security training and associated 
                backfill, including training under section 1408 
                and training developed by institutions of 
                higher education and by nonprofit employee 
                labor organizations, for public transportation 
                employees, including frontline employees;
                  (B) live or simulated exercises under section 
                1407;
                  (C) public awareness campaigns for enhanced 
                public transportation security;
                  (D) canine patrols for chemical, 
                radiological, biological, or explosives 
                detection;
                  (E) development of security plans under 
                section 1405;
                  (F) overtime reimbursement including 
                reimbursement of State, local, and tribal 
                governments, for costs for enhanced security 
                personnel during significant national and 
                international public events;
                  (G) operational costs, including 
                reimbursement of State, local, and tribal 
                governments for costs for personnel assigned to 
                full-time or part-time security or 
                counterterrorism duties related to public 
                transportation, provided that this expense 
                totals no more than 10 percent of the total 
                grant funds received by a public transportation 
                agency in any 1 year; and
                  (H) other operational security costs 
                determined appropriate by the Secretary, 
                excluding routine, ongoing personnel costs, 
                other than those set forth in this section.
  (c) Department of Homeland Security Responsibilities.--In 
carrying out the responsibilities under subsection (a), the 
Secretary shall--
          (1) determine the requirements for recipients of 
        grants under this section, including application 
        requirements;
          (2) pursuant to subsection (a)(2), select the 
        recipients of grants based solely on risk; and
          (3) pursuant to subsection (b), establish the 
        priorities for which grant funds may be used under this 
        section.
  (d) Distribution of Grants.--Not later than 90 days after the 
date of enactment of this Act, the Secretary and the Secretary 
of Transportation shall determine the most effective and 
efficient way to distribute grant funds to the recipients of 
grants determined by the Secretary under subsection (a). 
Subject to the determination made by the Secretaries, the 
Secretary may transfer funds to the Secretary of Transportation 
for the purposes of disbursing funds to the grant recipient.
  (e) Subject to Certain Terms and Conditions.--Except as 
otherwise specifically provided in this section, a grant 
provided under this section shall be subject to the terms and 
conditions applicable to a grant made under section 5307 of 
title 49, United States Code, as in effect on January 1, 2007, 
and such other terms and conditions as are determined necessary 
by the Secretary.
  (f) Limitation on Uses of Funds.--Grants made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal law.
  (g) Annual Reports.--Each recipient of a grant under this 
section shall report annually to the Secretary on the use of 
the grant funds.
  (h) Guidelines.--Before distribution of funds to recipients 
of grants, the Secretary shall issue guidelines to ensure that, 
to the extent that recipients of grants under this section use 
contractors or subcontractors, such recipients shall use small, 
minority, women-owned, or disadvantaged business concerns as 
contractors or subcontractors to the extent practicable.
  (i) Coordination With State Homeland Security Plans.--In 
establishing security improvement priorities under section 1405 
and in awarding grants for capital security improvements and 
operational security improvements under subsection (b), the 
Secretary shall act consistently with relevant State homeland 
security plans.
  (j) Multistate Transportation Systems.--In cases in which a 
public transportation system operates in more than one State, 
the Secretary shall give appropriate consideration to the risks 
of the entire system, including those portions of the States 
into which the system crosses, in establishing security 
improvement priorities under section 1405 and in awarding 
grants for capital security improvements and operational 
security improvements under subsection (b).
  (k) Congressional Notification.--Not later than 3 days before 
the award of any grant under this section, the Secretary shall 
notify simultaneously, the appropriate congressional committees 
of the intent to award such grant.
  (l) Return of Misspent Grant Funds.--The Secretary shall 
establish a process to require the return of any misspent grant 
funds received under this section determined to have been spent 
for a purpose other than those specified in the grant award.
  (m) Periods of Performance.--
          (1) In general.--Except as provided in paragraph (2), 
        funds provided pursuant to a grant awarded under this 
        section for a use specified in subsection (b) shall 
        remain available for use by a grant recipient for a 
        period of not fewer than 36 months.
          (2) Exception.--Funds provided pursuant to a grant 
        awarded under this section for a use specified in 
        subparagraph (M) or (N) of subsection (b)(1) shall 
        remain available for use by a grant recipient for a 
        period of not fewer than 55 months.
  [(m)] (n) Authorization of Appropriations.--
          (1) There are authorized to be appropriated to the 
        Secretary to make grants under this section--
                  (A) such sums as are necessary for fiscal 
                year 2007;
                  (B) $650,000,000 for fiscal year 2008, except 
                that not more than 50 percent of such funds may 
                be used for operational costs under subsection 
                (b)(2);
                  (C) $750,000,000 for fiscal year 2009, except 
                that not more than 30 percent of such funds may 
                be used for operational costs under subsection 
                (b)(2);
                  (D) $900,000,000 for fiscal year 2010, except 
                that not more than 20 percent of such funds may 
                be used for operational costs under subsection 
                (b)(2); and
                  (E) $1,100,000,000 for fiscal year 2011, 
                except that not more than 10 percent of such 
                funds may be used for operational costs under 
                subsection (b)(2).
          (2) Period of availability.--Sums appropriated to 
        carry out this section shall remain available until 
        expended.
          (3) Waiver.--The Secretary may waive the limitation 
        on operational costs specified in subparagraphs (B) 
        through (E) of paragraph (1) if the Secretary 
        determines that such a waiver is required in the 
        interest of national security, and if the Secretary 
        provides a written justification to the appropriate 
        congressional committees prior to any such action.
          (4) Effective date.--Funds provided for fiscal year 
        2007 transit security grants under Public Law 110-28 
        shall be allocated based on security assessments that 
        are in existence as of the date of enactment of this 
        Act.

                                 [all]
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