[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5131 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5131


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2018

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 1 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.

            Passed the House of Representatives March 22, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.