[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 763 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 763

        To improve surface and maritime transportation security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2017

   Mr. Thune (for himself, Mr. Nelson, Mrs. Fischer, and Mr. Booker) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
        To improve surface and maritime transportation security.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Surface and 
Maritime Transportation Security Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Surface and maritime transportation security assessment and 
                            implementation of risk-based strategy.
Sec. 4. Risk-based budgeting and resource allocation.
Sec. 5. Surface and maritime transportation security management and 
                            interagency coordination review.
Sec. 6. Transparency.
Sec. 7. TSA counterterrorism asset deployment.
Sec. 8. Surface Transportation Security Advisory Committee.
Sec. 9. Review of the explosives detection canine team program.
Sec. 10. Expansion of national explosives detection canine team 
                            program.
Sec. 11. Explosive detection technology.
Sec. 12. Study on security standards and best practices for passenger 
                            transportation systems.
Sec. 13. Amtrak security upgrades.
Sec. 14. Passenger rail vetting.
Sec. 15. Study on surface transportation inspectors.
Sec. 16. Security awareness program.
Sec. 17. Voluntary use of credentialing.
Sec. 18. Background records checks for issuance of hazmat licenses.
Sec. 19. Cargo container scanning technology review.
Sec. 20. Repeal of biennial reporting requirement for the Government 
                            Accountability Office relating to the 
                            Transportation Security Information sharing 
                            plan.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Homeland Security of the House 
                of Representatives; and
                    (C) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Explosives detection canine team.--The term 
        ``explosives detection canine team'' means a canine and a 
        canine handler that are trained to detect explosives and other 
        threats as defined by the Secretary.
            (5) Risk.--The term ``risk'' means the possibility that a 
        threat will take advantage of a vulnerability to cause harm.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) Threat.--The term ``threat'' means an adversary that 
        has the intent and capability to cause harm.
            (8) Vulnerability.--The term ``vulnerability'' means a 
        weakness in a system or facility that a threat can exploit to 
        cause harm.

SEC. 3. SURFACE AND MARITIME TRANSPORTATION SECURITY ASSESSMENT AND 
              IMPLEMENTATION OF RISK-BASED STRATEGY.

    (a) Security Assessment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall complete an 
        assessment of--
                    (A) the vulnerabilities of and risks to surface 
                transportation systems; and
                    (B) in coordination with the Commandant of the 
                Coast Guard, the vulnerabilities of and risks to 
                maritime transportation systems.
            (2) Considerations.--In conducting the security assessment 
        under paragraph (1), the Administrator shall, at a minimum--
                    (A) consider appropriate intelligence;
                    (B) consider security breaches and attacks at 
                domestic and international transportation facilities;
                    (C) consider the vulnerabilities and risks 
                associated with specific modes of surface 
                transportation;
                    (D) evaluate the vetting and security training of--
                            (i) employees in surface transportation;
                            (ii) employees in maritime transportation; 
                        and
                            (iii) other individuals with access to 
                        sensitive or secure areas of transportation 
                        networks; and
                    (E) consider input from--
                            (i) representatives of different modes of 
                        surface transportation;
                            (ii) subject to paragraph (3)--
                                    (I) representatives of maritime 
                                transportation;
                                    (II) critical infrastructure 
                                entities; and
                                    (III) the Transportation Systems 
                                Sector Coordinating Council;
                            (iii) the Commandant of the Coast Guard; 
                        and
                            (iv) the heads of other relevant Federal 
                        departments or agencies.
            (3) Maritime facilities.--The Commandant of the Coast Guard 
        shall coordinate with the Administrator to provide input and 
        other information regarding the vulnerabilities of and risks to 
        maritime facilities.
    (b) Risk-Based Security Strategy.--
            (1) In general.--Not later than 180 days after the date the 
        security assessment under subsection (a) is complete, the 
        Administrator shall use the results of the assessment--
                    (A) to develop and implement a cross-cutting, risk-
                based security strategy that includes--
                            (i) all surface transportation modes;
                            (ii) to the extent the Transportation 
                        Security Administration provides support in 
                        maritime transportation security efforts, 
                        maritime transportation;
                            (iii) a mitigating strategy that aligns 
                        with each vulnerability and risk identified in 
                        subsection (a);
                            (iv) a planning process to inform resource 
                        allocation;
                            (v) priorities, milestones, and performance 
                        metrics to measure the effectiveness of the 
                        risk-based security strategy; and
                            (vi) processes for sharing relevant and 
                        timely intelligence threat information with 
                        appropriate stakeholders;
                    (B) to develop a management oversight strategy 
                that--
                            (i) identifies the parties responsible for 
                        the implementation, management, and oversight 
                        of the risk-based security strategy; and
                            (ii) includes a plan for implementing the 
                        risk-based security strategy; and
                    (C) to modify the risk-based budget and resource 
                allocations, in accordance with section 4(c), for the 
                Transportation Security Administration.
            (2) Coordinated approach.--In developing and implementing 
        the risk-based security strategy under paragraph (1), the 
        Administrator shall--
                    (A) coordinate with the heads of other relevant 
                Federal departments or agencies, and stakeholders, as 
                appropriate--
                            (i) to evaluate existing surface 
                        transportation security programs, policies, and 
                        initiatives, including the explosives detection 
                        canine teams, for consistency with the risk-
                        based security strategy and, to the extent 
                        practicable, avoid any unnecessary duplication 
                        of effort;
                            (ii) to determine the extent to which 
                        stakeholder security programs, policies, and 
                        initiatives address the vulnerabilities and 
                        risks to surface transportation systems 
                        identified in subsection (a); and
                            (iii) subject to clause (ii), to mitigate 
                        each vulnerability and risk to surface 
                        transportation systems identified in subsection 
                        (a); and
                    (B) coordinate with the Commandant of the Coast 
                Guard--
                            (i) to evaluate existing maritime 
                        transportation security programs, policies, and 
                        initiatives for consistency with the risk-based 
                        security strategy and, to the extent 
                        practicable, avoid any unnecessary duplication 
                        of effort;
                            (ii) to ensure there are no security gaps 
                        between jurisdictional authorities that a 
                        threat can exploit to cause harm;
                            (iii) to determine the extent to which 
                        stakeholder security programs, policies, and 
                        initiatives address the vulnerabilities and 
                        risks to maritime transportation systems 
                        identified in subsection (a); and
                            (iv) subject to clauses (ii) and (iii), to 
                        mitigate each vulnerability and risk to 
                        maritime transportation systems identified in 
                        subsection (a).
    (c) Report.--
            (1) In general.--Not later than 180 days after the date the 
        security assessment under subsection (a) is complete, the 
        Administrator shall submit to the appropriate committees of 
        Congress and the Inspector General of the Department a report 
        that--
                    (A) describes the process used to complete the 
                security assessment;
                    (B) describes the process used to develop the risk-
                based security strategy;
                    (C) describes the risk-based security strategy;
                    (D) includes the management oversight strategy;
                    (E) includes--
                            (i) the findings of the security 
                        assessment;
                            (ii) a description of the actions 
                        recommended or taken by the Administrator, the 
                        Commandant of the Coast Guard, or the head of 
                        another Federal department or agency to 
                        mitigate the vulnerabilities and risks 
                        identified in subsection (a);
                            (iii) any recommendations for improving the 
                        coordinated approach to mitigating 
                        vulnerabilities and risks to surface and 
                        maritime transportation systems; and
                            (iv) any recommended changes to the 
                        National Infrastructure Protection Plan, the 
                        modal annexes to such plan, or relevant surface 
                        or maritime transportation security programs, 
                        policies, or initiatives; and
                    (F) may contain a classified annex.
            (2) Protections.--In preparing the report, the 
        Administrator shall take appropriate actions to safeguard 
        information described by section 552(b) of title 5, United 
        States Code, or protected from disclosure by any other law of 
        the United States.
    (d) Updates.--Not less frequently than semiannually, the 
Administrator shall report to or brief the appropriate committees of 
Congress on the vulnerabilities of and risks to surface and maritime 
transportation systems and how those vulnerabilities and risks affect 
the risk-based security strategy.

SEC. 4. RISK-BASED BUDGETING AND RESOURCE ALLOCATION.

    (a) Report.--In conjunction with the submission of the Department's 
annual budget request to the Office of Management and Budget, the 
Administrator shall submit to the appropriate committees of Congress a 
report that describes a risk-based budget and resource allocation plan 
for surface transportation sectors, within and across modes, that--
            (1) reflects the risk-based security strategy under section 
        3(b); and
            (2) is organized by appropriations account, program, 
        project, and initiative.
    (b) Budget Transparency.--In submitting the annual budget of the 
United States Government under section 1105 of title 31, United States 
Code, the President shall clearly distinguish the resources requested 
for surface and maritime transportation security from the resources 
requested for aviation security.
    (c) Resource Reallocation.--
            (1) In general.--Not later than 15 days after the date on 
        which the Transportation Security Administration allocates any 
        resources or personnel, including personnel sharing, detailing, 
        or assignment, or the use of facilities, technology systems, or 
        vetting resources, for a nontransportation security purpose or 
        National Special Security Event (as defined in section 2001 of 
        Homeland Security Act of 2002 (6 U.S.C. 601)), the Secretary 
        shall provide the notification described in paragraph (2) to 
        the appropriate committees of Congress.
            (2) Notification.--A notification described in this 
        paragraph shall include--
                    (A) the reason for and a justification of the 
                resource or personnel allocation;
                    (B) the expected end date of the resource or 
                personnel allocation; and
                    (C) the projected cost to the Transportation 
                Security Administration of the personnel or resource 
                allocation.

SEC. 5. SURFACE AND MARITIME TRANSPORTATION SECURITY MANAGEMENT AND 
              INTERAGENCY COORDINATION REVIEW.

    (a) Review.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall--
            (1) review the staffing, budget, resource, and personnel 
        allocation, and management oversight strategy of the 
        Transportation Security Administration's surface and maritime 
        transportation security programs;
            (2) review the coordination between relevant entities of 
        leadership, planning, policy, inspections, and implementation 
        of security programs relating to surface and maritime 
        transportation to reduce redundancy and regulatory burden; and
            (3) submit to the appropriate committees of Congress a 
        report on the findings of the reviews under paragraphs (1) and 
        (2), including any recommendations for improving coordination 
        between relevant entities and reducing redundancy and 
        regulatory burden.
    (b) Definition of Relevant Entities.--In this section, the term 
``relevant entities'' means--
            (1) the Transportation Security Administration;
            (2) the Coast Guard;
            (3) other Federal, State, or local departments or agencies 
        with jurisdiction over a mode of surface or maritime 
        transportation;
            (4) critical infrastructure entities;
            (5) the Transportation Systems Sector Coordinating Council; 
        and
            (6) relevant stakeholders.

SEC. 6. TRANSPARENCY.

    (a) Regulations.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and every 180 days thereafter, the 
        Administrator shall publish on a public website information 
        regarding the status of each regulation relating to surface 
        transportation security that is directed by law to be issued 
        and that has not been issued if not less than 2 years have 
        passed since the date of enactment of the law.
            (2) Contents.--The information published under paragraph 
        (1) shall include--
                    (A) an updated rulemaking schedule for the 
                outstanding regulation;
                    (B) current staff allocations;
                    (C) data collection or research relating to the 
                development of the rulemaking;
                    (D) current efforts, if any, with security experts, 
                advisory committees, and other stakeholders; and
                    (E) other relevant details associated with the 
                development of the rulemaking that impact the progress 
                of the rulemaking.
    (b) Inspector General Review.--Not later than 180 days after the 
date of enactment of this Act, and every 2 years thereafter until all 
of the requirements under titles XIII, XIV, and XV of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et 
seq.) and under this Act have been fully implemented, the Inspector 
General of the Department shall submit to the appropriate committees of 
Congress a report that--
            (1) identifies the requirements under such titles of that 
        Act and under this Act that have not been fully implemented;
            (2) describes what, if any, additional action is necessary; 
        and
            (3) includes recommendations regarding whether any of the 
        requirements under such titles of that Act or this Act should 
        be amended or repealed.

SEC. 7. TSA COUNTERTERRORISM ASSET DEPLOYMENT.

    (a) In General.--If the Transportation Security Administration 
deploys any counterterrorism personnel or resource, such as explosive 
detection sweeps, random bag inspections, or patrols by Visible 
Intermodal Prevention and Response teams, to enhance security at a 
surface transportation system or surface transportation facility for a 
period of not less than 180 consecutive days, the Administrator shall 
provide sufficient notification to the system or facility operator, as 
applicable, not less than 14 days prior to terminating the deployment.
    (b) Exception.--This section shall not apply if the Administrator--
            (1) determines there is an urgent security need for the 
        personnel or resource described in subsection (a); and
            (2) notifies the appropriate committees of Congress of the 
        determination under paragraph (1).

SEC. 8. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.

    (a) In General.--Subtitle A of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the 
following:

``SEC. 404. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.

    ``(a) Establishment.--The Administrator of the Transportation 
Security Administration (referred to in this section as 
`Administrator') shall establish within the Transportation Security 
Administration the Surface Transportation Security Advisory Committee 
(referred to in this section as the `Advisory Committee').
    ``(b) Duties.--
            ``(1) In general.--The Advisory Committee may advise, 
        consult with, report to, and make recommendations to the 
        Administrator on surface transportation security matters, 
        including the development, refinement, and implementation of 
        policies, programs, initiatives, rulemakings, and security 
        directives pertaining to surface transportation security.
            ``(2) Risk-based security.--The Advisory Committee shall 
        consider risk-based security approaches in the performance of 
        its duties.
    ``(c) Membership.--
            ``(1) Composition.--The Advisory Committee shall be 
        composed of--
                    ``(A) voting members appointed by the Administrator 
                under paragraph (2); and
                    ``(B) nonvoting members, serving in an advisory 
                capacity, who shall be designated by--
                            ``(i) the Transportation Security 
                        Administration;
                            ``(ii) the Department of Transportation;
                            ``(iii) the Coast Guard; and
                            ``(iv) such other Federal department or 
                        agency as the Administrator considers 
                        appropriate.
            ``(2) Appointment.--The Administrator shall appoint voting 
        members from among stakeholders representing each mode of 
        surface transportation, such as passenger rail, freight rail, 
        mass transit, pipelines, highways, over-the-road bus, and 
        trucking, including representatives from--
                    ``(A) associations representing such modes of 
                surface transportation;
                    ``(B) labor organizations representing such modes 
                of surface transportation;
                    ``(C) groups representing the users of such modes 
                of surface transportation, including asset 
                manufacturers, as appropriate;
                    ``(D) relevant law enforcement, first responders, 
                and security experts; and
                    ``(E) such other groups as the Administrator 
                considers appropriate.
            ``(3) Chairperson.--The Advisory Committee shall select a 
        chairperson from among its voting members.
            ``(4) Term of office.--
                    ``(A) Terms.--
                            ``(i) In general.--The term of each voting 
                        member of the Advisory Committee shall be 2 
                        years, but a voting member may continue to 
                        serve until the Administrator appoints a 
                        successor.
                            ``(ii) Reappointment.--A voting member of 
                        the Advisory Committee may be reappointed.
                    ``(B) Removal.--
                            ``(i) In general.--The Administrator may 
                        review the participation of a member of the 
                        Advisory Committee and remove such member for 
                        cause at any time.
                            ``(ii) Access to information.--The 
                        Administrator may remove any member of the 
                        Advisory Committee that the Administrator 
                        determines should be restricted from reviewing, 
                        discussing, or possessing classified 
                        information or sensitive security information.
            ``(5) Prohibition on compensation.--The members of the 
        Advisory Committee shall not receive any compensation from the 
        Government by reason of their service on the Advisory 
        Committee.
            ``(6) Meetings.--
                    ``(A) In general.--The Administrator shall require 
                the Advisory Committee to meet at least semiannually in 
                person or through web conferencing and may convene 
                additional meetings as necessary.
                    ``(B) Public meetings.--At least one of the 
                meetings of the Advisory Committee each year shall be--
                            ``(i) announced in the Federal Register;
                            ``(ii) announced on a public website; and
                            ``(iii) open to the public.
                    ``(C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at each 
                meeting.
                    ``(D) Minutes.--
                            ``(i) In general.--Unless otherwise 
                        prohibited by other Federal law, minutes of the 
                        meetings shall be published on the public 
                        website under subsection (e)(5).
                            ``(ii) Protection of classified and 
                        sensitive information.--The Advisory Committee 
                        may redact or summarize, as necessary, minutes 
                        of the meetings to protect classified or other 
                        sensitive information in accordance with law.
            ``(7) Voting member access to classified and sensitive 
        security information.--
                    ``(A) Determinations.--Not later than 60 days after 
                the date on which a voting member is appointed to the 
                Advisory Committee and before that voting member may be 
                granted any access to classified information or 
                sensitive security information, the Administrator shall 
                determine if the voting member should be restricted 
                from reviewing, discussing, or possessing classified 
                information or sensitive security information.
                    ``(B) Access.--
                            ``(i) Sensitive security information.--If a 
                        voting member is not restricted from reviewing, 
                        discussing, or possessing sensitive security 
                        information under subparagraph (A) and 
                        voluntarily signs a nondisclosure agreement, 
                        the voting member may be granted access to 
                        sensitive security information that is relevant 
                        to the voting member's service on the Advisory 
                        Committee.
                            ``(ii) Classified information.--Access to 
                        classified materials shall be managed in 
                        accordance with Executive Order 13526 of 
                        December 29, 2009 (75 Fed. Reg. 707), or any 
                        subsequent corresponding Executive order.
                    ``(C) Protections.--
                            ``(i) Sensitive security information.--
                        Voting members shall protect sensitive security 
                        information in accordance with part 1520 of 
                        title 49, Code of Federal Regulations.
                            ``(ii) Classified information.--Voting 
                        members shall protect classified information in 
                        accordance with the applicable requirements for 
                        the particular level of classification.
            ``(8) Joint committee meetings.--The Advisory Committee may 
        meet with one or more of the following advisory committees to 
        discuss multimodal security issues and other security-related 
        issues of common concern:
                    ``(A) Aviation Security Advisory Committee 
                established under section 44946 of title 49, United 
                States Code.
                    ``(B) Maritime Security Advisory Committee 
                established under section 70112 of title 46, United 
                States Code.
                    ``(C) Railroad Safety Advisory Committee 
                established by the Federal Railroad Administration.
            ``(9) Subject matter experts.--The Advisory Committee may 
        request the assistance of subject matter experts with expertise 
        related to the jurisdiction of the Advisory Committee.
    ``(d) Reports.--
            ``(1) Periodic reports.--The Advisory Committee shall 
        periodically submit reports to the Administrator on matters 
        requested by the Administrator or by a majority of the members 
        of the Advisory Committee.
            ``(2) Annual report.--
                    ``(A) Submission.--The Advisory Committee shall 
                submit to the Administrator and the appropriate 
                congressional committees an annual report that provides 
                information on the activities, findings, and 
                recommendations of the Advisory Committee during the 
                preceding year.
                    ``(B) Publication.--Not later than 6 months after 
                the date that the Administrator receives an annual 
                report under subparagraph (A), the Administrator shall 
                publish a public version of the report, in accordance 
                with section 552a(b) of title 5, United States Code.
    ``(e) Administration Response.--
            ``(1) Consideration.--The Administrator shall consider the 
        information, advice, and recommendations of the Advisory 
        Committee in formulating policies, programs, initiatives, 
        rulemakings, and security directives pertaining to surface 
        transportation security and to the support of maritime 
        transportation security efforts.
            ``(2) Feedback.--Not later than 90 days after the date that 
        the Administrator receives a recommendation from the Advisory 
        Committee under subsection (d)(2), the Administrator shall 
        submit to the Advisory Committee written feedback on the 
        recommendation, including--
                    ``(A) if the Administrator agrees with the 
                recommendation, a plan describing the actions that the 
                Administrator has taken, will take, or recommends that 
                the head of another Federal department or agency take 
                to implement the recommendation; or
                    ``(B) if the Administrator disagrees with the 
                recommendation, a justification for that determination.
            ``(3) Notices.--Not later than 30 days after the date the 
        Administrator submits feedback under paragraph (2), the 
        Administrator shall--
                    ``(A) notify the appropriate congressional 
                committees of the feedback, including the determination 
                under subparagraph (A) or subparagraph (B) of that 
                paragraph, as applicable; and
                    ``(B) provide the appropriate congressional 
                committees with a briefing upon request.
            ``(4) Updates.--Not later than 90 days after the date the 
        Administrator receives a recommendation from the Advisory 
        Committee under subsection (d)(2) that the Administrator agrees 
        with, and quarterly thereafter until the recommendation is 
        fully implemented, the Administrator shall submit a report to 
        the appropriate congressional committees or post on the public 
        website under paragraph (5) an update on the status of the 
        recommendation.
            ``(5) Website.--The Administrator shall maintain a public 
        website that--
                    ``(A) lists the members of the Advisory Committee; 
                and
                    ``(B) provides the contact information for the 
                Advisory Committee.
    ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee or any 
subcommittee established under this section.''.
    (b) Advisory Committee Members.--
            (1) Voting members.--Not later than 180 days after the date 
        of enactment of this Act, the Administrator shall appoint the 
        voting members of the Surface Transportation Security Advisory 
        Committee established under section 404 of the Homeland 
        Security Act of 2002, as added by subsection (a) of this 
        section.
            (2) Nonvoting members.--Not later than 90 days after the 
        date of enactment of this Act, each Federal Government 
        department and agency with regulatory authority over a mode of 
        surface or maritime transportation, as the Administrator 
        considers appropriate, shall designate an appropriate 
        representative to serve as a nonvoting member of the Surface 
        Transportation Security Advisory Committee.
    (c) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by inserting after the item relating to section 403 the 
following:

``Sec. 404. Surface Transportation Security Advisory Committee.''.

SEC. 9. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM PROGRAM.

    (a) In General.--Not later than 90 days after the date that the 
Inspector General of the Department receives the report under section 
3(c), the Inspector General of the Department shall--
            (1) review the explosives detection canine team program, 
        including--
                    (A) the development by the Transportation Security 
                Administration of a deployment strategy for explosives 
                detection canine teams;
                    (B) the national explosives detection canine team 
                training program, including canine training, handler 
                training, refresher training, and updates to such 
                training; and
                    (C) the use of the canine assets during an urgent 
                security need, including the reallocation of such 
                program resources outside the transportation systems 
                sector during an urgent security need; and
            (2) submit to the appropriate committees of Congress a 
        report on the review, including any recommendations.
    (b) Considerations.--In conducting the review of the deployment 
strategy under subsection (a)(1)(A), the Inspector General shall 
consider whether the Transportation Security Administration's method to 
analyze the risk to transportation facilities and transportation 
systems is appropriate.

SEC. 10. EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE TEAM 
              PROGRAM.

    (a) In General.--The Secretary, where appropriate, shall encourage 
State, local, and tribal governments and private owners of high-risk 
transportation facilities to strengthen security through the use of 
explosives detection canine teams.
    (b) Increased Capacity.--
            (1) In general.--Before the date the Inspector General of 
        the Department submits the report under section 9, the 
        Administrator may increase the number of State and local 
        surface and maritime transportation canines by not more than 70 
        explosives detection canine teams.
            (2) Additional teams.--Beginning on the date the Inspector 
        General of the Department submits the report under section 9, 
        the Secretary may increase the State and local surface and 
        maritime transportation canines up to 200 explosives detection 
        canine teams unless more are identified in the risk-based 
        security strategy under section 3, consistent with section 4 or 
        with the President's most recent budget submitted under section 
        1105 of title 31, United States Code.
            (3) Recommendations.--Before initiating any increase in the 
        number of explosives detection teams under paragraph (2), the 
        Secretary shall consider any recommendations in the report 
        under section 9 on the efficacy and management of the 
        explosives detection canine program.
    (c) Deployment.--The Secretary shall--
            (1) use the additional explosives detection canine teams, 
        as described in subsection (b)(1), as part of the Department's 
        efforts to strengthen security across the Nation's surface and 
        maritime transportation networks;
            (2) make available explosives detection canine teams to all 
        modes of transportation, subject to the requirements under 
        section 7, to address specific vulnerabilities or risks, on an 
        as-needed basis and as otherwise determined appropriate by the 
        Secretary; and
            (3) consider specific needs and training requirements for 
        explosives detection canine teams to be deployed across the 
        Nation's surface and maritime transportation networks, 
        including in venues of multiple modes of transportation, as the 
        Secretary considers appropriate.
    (d) Authorization.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out this section for 
each of fiscal years 2018 through 2021.

SEC. 11. EXPLOSIVE DETECTION TECHNOLOGY.

    The Secretary, in coordination with the Director of the National 
Institute of Standards and Technology and the head of each relevant 
Federal department or agency researching explosive detection systems, 
shall research and facilitate next generation technologies to detect 
explosives in transportation systems and transportation facilities.

SEC. 12. STUDY ON SECURITY STANDARDS AND BEST PRACTICES FOR PASSENGER 
              TRANSPORTATION SYSTEMS.

    (a) Security Standards and Best Practices for United States and 
Foreign Passenger Transportation Systems.--The Comptroller General of 
the United States shall conduct a study of how the Transportation 
Security Administration--
            (1) identifies and compares--
                    (A) United States and foreign passenger 
                transportation security standards; and
                    (B) best practices for protecting passenger 
                transportation systems, including shared terminal 
                facilities, and cyber systems; and
            (2) disseminates the findings under paragraph (1) to 
        stakeholders.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall issue a report that 
contains--
            (1) the findings of the study conducted under subsection 
        (a); and
            (2) any recommendations for improving the relevant 
        processes or procedures.

SEC. 13. AMTRAK SECURITY UPGRADES.

    (a) Railroad Security Assistance.--Section 1513(b) of the 
Implementing Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1163(b)) is amended--
            (1) in paragraph (1), by striking the period at the end and 
        inserting ``, including communications interoperability where 
        appropriate with relevant outside agencies and entities.'';
            (2) in paragraph (5), by striking ``security of'' and 
        inserting ``security and preparedness of'';
            (3) in paragraph (7), by striking ``security threats'' and 
        inserting ``security threats and preparedness, including 
        connectivity to the National Terrorist Screening Center''; and
            (4) in paragraph (9), by striking ``and security officers'' 
        and inserting ``, security, and preparedness officers''.
    (b) Specific Projects.--Section 1514(a)(3) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
1164(a)(3)) is amended--
            (1) in subparagraph (D) by inserting ``, or to connect to 
        the National Terrorism Screening Center watchlist'' after 
        ``Secretary'';
            (2) in subparagraph (G), by striking ``; and'' at the end 
        and inserting a semicolon;
            (3) in subparagraph (H) by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
                    ``(I) for improvements to passenger verification 
                systems;
                    ``(J) for improvements to employee and contractor 
                verification systems, including identity verification 
                technology; or
                    ``(K) for improvements to the security of Amtrak 
                computer systems, including cybersecurity assessments 
                and programs.''.

SEC. 14. PASSENGER RAIL VETTING.

    (a) In General.--Not later than 180 days after the date on which 
the Amtrak Board of Directors submits a request to the Administrator, 
the Administrator shall issue a decision on the use by Amtrak of the 
Transportation Security Administration's Secure Flight Program or a 
similar passenger vetting system to enhance passenger rail security.
    (b) Strategic Plan.--If the Administrator decides to grant the 
request by Amtrak under subsection (a), the decision shall include a 
strategic plan for working with rail stakeholders to enhance passenger 
rail security by vetting passengers using terrorist watch lists 
maintained by the Federal Government or a similar passenger vetting 
system maintained by the Transportation Security Administration.
    (c) Notices.--The Administrator shall notify the appropriate 
committees of Congress of any decision made under subsection (a) and 
the details of the strategic plan under subsection (b).
    (d) Rule of Construction.--Nothing in this section shall be 
construed to limit the Administrator's authority to set the access to, 
or terms and conditions of using, the Secure Flight Program or a 
similar passenger vetting system.

SEC. 15. STUDY ON SURFACE TRANSPORTATION INSPECTORS.

    Not later than 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall submit to the 
appropriate committees of Congress a report that--
            (1) identifies the roles and responsibilities of surface 
        transportation security inspectors authorized under section 
        1304 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (6 U.S.C. 1113);
            (2) determines whether surface transportation security 
        inspectors--
                    (A) have appropriate qualifications to help secure 
                and inspect surface transportation systems; and
                    (B) have adequate experience and training to 
                perform the responsibilities identified under paragraph 
                (1);
            (3) evaluates feedback from surface transportation industry 
        stakeholders on the effectiveness of surface transportation 
        security inspectors and inspection programs to the overall 
        security of the surface transportation systems of such 
        stakeholders;
            (4) evaluates the consistency of surface transportation 
        inspections, recommendations, and regulatory enforcement, where 
        applicable;
            (5) identifies any duplication or redundancy between the 
        Transportation Security Administration and the Department of 
        Transportation relating to surface transportation security 
        inspections or oversight; and
            (6) provides recommendations, if any, relating to--
                    (A) improvements to the surface transportation 
                security inspectors program, including--
                            (i) changes in organizational and 
                        supervisory structures;
                            (ii) coordination procedures to enhance 
                        consistency; and
                            (iii) effectiveness in inspection and 
                        compliance activities; and
                    (B) whether each transportation mode needs 
                inspectors trained and qualified for that specific 
                mode.

SEC. 16. SECURITY AWARENESS PROGRAM.

    (a) Establishment.--The Administrator shall establish a program to 
promote surface transportation security through the training of surface 
transportation operators and frontline employees on each of the skills 
identified in subsection (c).
    (b) Application.--The program established under subsection (a) 
shall apply to all modes of surface transportation, including public 
transportation, rail, highway, motor carrier, and pipeline.
    (c) Training.--The program established under subsection (a) shall 
cover, at a minimum, the skills necessary to recognize, assess, and 
respond to suspicious items or actions that could indicate a threat to 
transportation.
    (d) Assessment.--
            (1) In general.--The Administrator shall conduct an 
        assessment of current training programs for surface 
        transportation operators and frontline employees.
            (2) Contents.--The assessment shall identify--
                    (A) whether other training is being provided, 
                either voluntarily or in response to other Federal 
                requirements; and
                    (B) whether there are any gaps in existing 
                training.
    (e) Updates.--The Administrator shall ensure the program 
established under subsection (a) is updated as necessary to address 
changes in risk and terrorist methods and to close any gaps identified 
in the assessment under subsection (d).
    (f) Suspicious Activity Reporting.--
            (1) In general.--The Administrator shall maintain a 
        national telephone number for an individual to use to report 
        suspicious activity under this section to the Administration.
            (2) Procedures.--The Administrator shall establish 
        procedures for the Administration--
                    (A) to review and followup, as necessary, on each 
                report received under paragraph (1); and
                    (B) to share, as necessary and in accordance with 
                law, the report with appropriate Federal, State, local, 
                and tribal entities.
            (3) Rule of construction.--Nothing in this section may be 
        construed to replace or affect in any way the use of 9-1-1 
        services in an emergency.
    (g) Definition of Frontline Employee.--In this section, the term 
``frontline employee'' includes--
            (1) an employee of a public transportation agency who is a 
        transit vehicle driver or operator, dispatcher, maintenance and 
        maintenance support employee, station attendant, customer 
        service employee, security employee, or transit police, or any 
        other employee who has direct contact with riders on a regular 
        basis, and any other employee of a public transportation agency 
        that the Administrator determines should receive security 
        training under this section or that is receiving security 
        training under other law;
            (2) over-the-road bus drivers, security personnel, 
        dispatchers, maintenance and maintenance support personnel, 
        ticket agents, other terminal employees, and other employees of 
        an over-the-road bus operator or terminal owner or operator 
        that the Administrator determines should receive security 
        training under this section or that is receiving security 
        training under other law; or
            (3) security personnel, dispatchers, locomotive engineers, 
        conductors, trainmen, other onboard employees, maintenance and 
        maintenance support personnel, bridge tenders, and any other 
        employees of railroad carriers that the Administrator 
        determines should receive security training under this section 
        or that is receiving security training under other law.

SEC. 17. VOLUNTARY USE OF CREDENTIALING.

    (a) In General.--An individual who is subject to credentialing or a 
background investigation may satisfy that requirement by obtaining a 
valid transportation security card issued under section 70105 of title 
46, United States Code.
    (b) Issuance of Cards.--The Secretary of Homeland Security--
            (1) shall expand the transportation security card program, 
        consistent with section 70105 of title 46, United States Code, 
        to allow an individual who is subject to credentialing or a 
        background investigation to apply for a transportation security 
        card; and
            (2) may charge reasonable fees, in accordance with section 
        520(a) of the Department of Homeland Security Appropriations 
        Act, 2004 (6 U.S.C. 469(a)), for providing the necessary 
        credentialing and background investigation.
    (c) Definition.--In this section, the term ``individual who is 
subject to credentialing or a background investigation'' means an 
individual who--
            (1) because of employment is regulated by the 
        Transportation Security Administration, Department of 
        Transportation, or Coast Guard and is required to have a 
        background records check to obtain a hazardous materials 
        endorsement on a commercial driver's license issued by a State 
        under section 5103a of title 49, United States Code; or
            (2) is required to have a credential and background records 
        check under section 2102(d)(2) of the Homeland Security Act of 
        2002 (6 U.S.C. 622(d)(2)) at a facility with activities that 
        are regulated by the Transportation Security Administration, 
        Department of Transportation, or Coast Guard.

SEC. 18. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT LICENSES.

    Section 5103a(d) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(3) Transportation security cards.--An individual who 
        holds a valid transportation security card issued by the 
        Secretary of the departing in which the Coast Guard is 
        operating under section 70105 of title 46 shall be deemed to 
        have met the background records check required under this 
        subsection.''.

SEC. 19. CARGO CONTAINER SCANNING TECHNOLOGY REVIEW.

    (a) Designations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and not less frequently than once every 
        5 years thereafter until the date of full-scale implementation 
        of 100 percent screening of cargo containers and 100 percent 
        scanning of high-risk containers required under section 232 of 
        the SAFE Port Act (6 U.S.C. 982), the Secretary shall solicit 
        proposals for scanning technologies, consistent with the 
        standards under subsection (b)(8) of that section, to improve 
        scanning of cargo at domestic ports.
            (2) Evaluation.--In soliciting proposals under paragraph 
        (1), the Secretary shall establish measures to assess the 
        performance of the proposed scanning technologies, including--
                    (A) the rate of false positives;
                    (B) the delays in processing times; and
                    (C) the impact on the supply chain.
    (b) Pilot Program.--
            (1) Establishment.--The Secretary may establish a pilot 
        program to determine the efficacy of a scanning technology 
        referred to in subsection (a).
            (2) Application process.--In carrying out the pilot program 
        under this subsection, the Secretary shall--
                    (A) solicit applications from domestic ports;
                    (B) select up to 4 domestic ports to participate in 
                the pilot program; and
                    (C) select ports with unique features and differing 
                levels of trade volume.
            (3) Report.--Not later than 1 year after initiating a pilot 
        program under paragraph (1), the Secretary shall submit to the 
        appropriate committees of Congress a report on the pilot 
        program, including--
                    (A) an evaluation of the scanning technologies 
                proposed to improve security at domestic ports and to 
                meet the full-scale implementation requirement;
                    (B) the costs to implement a pilot program;
                    (C) the benefits of the proposed scanning 
                technologies;
                    (D) the impact of the pilot program on the supply 
                chain; and
                    (E) recommendations for implementation of advanced 
                cargo scanning technologies at domestic ports.
            (4) Sharing pilot program testing results.--The results of 
        the pilot testing of advanced cargo scanning technologies shall 
        be shared, as appropriate, with government agencies and private 
        stakeholders whose responsibilities encompass the secure 
        transport of cargo.

SEC. 20. REPEAL OF BIENNIAL REPORTING REQUIREMENT FOR THE GOVERNMENT 
              ACCOUNTABILITY OFFICE RELATING TO THE TRANSPORTATION 
              SECURITY INFORMATION SHARING PLAN.

    (a) In General.--Section 114 of title 49, United States Code, is 
amended--
            (1) by redesignating subsections (u), (v), and (w) as 
        subsections (t), (u), and (v), respectively; and
            (2) in subsection (t), as redesignated--
                    (A) in paragraph (1)(A), by striking ``subsection 
                (t)'' and inserting ``subsection (s)'';
                    (B) by striking paragraph (7); and
                    (C) by redesignating paragraphs (8) and (9) as 
                paragraphs (7) and (8), respectively.
    (b) Technical and Conforming Amendments.--
            (1) Transportation security strategic planning.--Section 
        114(s)(3)(B) of title 49, United States Code, is amended by 
        striking ``2007'' and inserting ``2007)''.
            (2) Congressional oversight of security assurance for 
        public and private stakeholders.--Section 1203(b)(1)(B) of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (49 U.S.C. 114 note) is amended by striking ``, under section 
        114(u)(7) of title 49, United States Code, as added by this 
        section, or otherwise,''.
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