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

<DOC>





                                                       Calendar No. 251
115th CONGRESS
  1st Session
                                 S. 763

                          [Report No. 115-178]

        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, Mr. Booker, Mr. 
  Wicker, Mr. Blunt, Ms. Cantwell, and Mr. Blumenthal) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                            October 25, 2017

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Transportation Security 
        Administration.</DELETED>
        <DELETED>    (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--</DELETED>
                <DELETED>    (A) the Committee on Commerce, Science, 
                and Transportation of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Homeland Security of 
                the House of Representatives; and</DELETED>
                <DELETED>    (C) the Committee on Transportation and 
                Infrastructure of the House of 
                Representatives.</DELETED>
        <DELETED>    (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Risk.--The term ``risk'' means the possibility 
        that a threat will take advantage of a vulnerability to cause 
        harm.</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    (7) Threat.--The term ``threat'' means an 
        adversary that has the intent and capability to cause 
        harm.</DELETED>
        <DELETED>    (8) Vulnerability.--The term ``vulnerability'' 
        means a weakness in a system or facility that a threat can 
        exploit to cause harm.</DELETED>

<DELETED>SEC. 3. SURFACE AND MARITIME TRANSPORTATION SECURITY 
              ASSESSMENT AND IMPLEMENTATION OF RISK-BASED 
              STRATEGY.</DELETED>

<DELETED>    (a) Security Assessment.--</DELETED>
        <DELETED>    (1) In general.--Not later than 1 year after the 
        date of enactment of this Act, the Administrator shall complete 
        an assessment of--</DELETED>
                <DELETED>    (A) the vulnerabilities of and risks to 
                surface transportation systems; and</DELETED>
                <DELETED>    (B) in coordination with the Commandant of 
                the Coast Guard, the vulnerabilities of and risks to 
                maritime transportation systems.</DELETED>
        <DELETED>    (2) Considerations.--In conducting the security 
        assessment under paragraph (1), the Administrator shall, at a 
        minimum--</DELETED>
                <DELETED>    (A) consider appropriate 
                intelligence;</DELETED>
                <DELETED>    (B) consider security breaches and attacks 
                at domestic and international transportation 
                facilities;</DELETED>
                <DELETED>    (C) consider the vulnerabilities and risks 
                associated with specific modes of surface 
                transportation;</DELETED>
                <DELETED>    (D) evaluate the vetting and security 
                training of--</DELETED>
                        <DELETED>    (i) employees in surface 
                        transportation;</DELETED>
                        <DELETED>    (ii) employees in maritime 
                        transportation; and</DELETED>
                        <DELETED>    (iii) other individuals with 
                        access to sensitive or secure areas of 
                        transportation networks; and</DELETED>
                <DELETED>    (E) consider input from--</DELETED>
                        <DELETED>    (i) representatives of different 
                        modes of surface transportation;</DELETED>
                        <DELETED>    (ii) subject to paragraph (3)--
                        </DELETED>
                                <DELETED>    (I) representatives of 
                                maritime transportation;</DELETED>
                                <DELETED>    (II) critical 
                                infrastructure entities; and</DELETED>
                                <DELETED>    (III) the Transportation 
                                Systems Sector Coordinating 
                                Council;</DELETED>
                        <DELETED>    (iii) the Commandant of the Coast 
                        Guard; and</DELETED>
                        <DELETED>    (iv) the heads of other relevant 
                        Federal departments or agencies.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Risk-Based Security Strategy.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) to develop and implement a cross-
                cutting, risk-based security strategy that includes--
                </DELETED>
                        <DELETED>    (i) all surface transportation 
                        modes;</DELETED>
                        <DELETED>    (ii) to the extent the 
                        Transportation Security Administration provides 
                        support in maritime transportation security 
                        efforts, maritime transportation;</DELETED>
                        <DELETED>    (iii) a mitigating strategy that 
                        aligns with each vulnerability and risk 
                        identified in subsection (a);</DELETED>
                        <DELETED>    (iv) a planning process to inform 
                        resource allocation;</DELETED>
                        <DELETED>    (v) priorities, milestones, and 
                        performance metrics to measure the 
                        effectiveness of the risk-based security 
                        strategy; and</DELETED>
                        <DELETED>    (vi) processes for sharing 
                        relevant and timely intelligence threat 
                        information with appropriate 
                        stakeholders;</DELETED>
                <DELETED>    (B) to develop a management oversight 
                strategy that--</DELETED>
                        <DELETED>    (i) identifies the parties 
                        responsible for the implementation, management, 
                        and oversight of the risk-based security 
                        strategy; and</DELETED>
                        <DELETED>    (ii) includes a plan for 
                        implementing the risk-based security strategy; 
                        and</DELETED>
                <DELETED>    (C) to modify the risk-based budget and 
                resource allocations, in accordance with section 4(c), 
                for the Transportation Security 
                Administration.</DELETED>
        <DELETED>    (2) Coordinated approach.--In developing and 
        implementing the risk-based security strategy under paragraph 
        (1), the Administrator shall--</DELETED>
                <DELETED>    (A) coordinate with the heads of other 
                relevant Federal departments or agencies, and 
                stakeholders, as appropriate--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) subject to clause (ii), to 
                        mitigate each vulnerability and risk to surface 
                        transportation systems identified in subsection 
                        (a); and</DELETED>
                <DELETED>    (B) coordinate with the Commandant of the 
                Coast Guard--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) to ensure there are no 
                        security gaps between jurisdictional 
                        authorities that a threat can exploit to cause 
                        harm;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iv) subject to clauses (ii) and 
                        (iii), to mitigate each vulnerability and risk 
                        to maritime transportation systems identified 
                        in subsection (a).</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) describes the process used to complete 
                the security assessment;</DELETED>
                <DELETED>    (B) describes the process used to develop 
                the risk-based security strategy;</DELETED>
                <DELETED>    (C) describes the risk-based security 
                strategy;</DELETED>
                <DELETED>    (D) includes the management oversight 
                strategy;</DELETED>
                <DELETED>    (E) includes--</DELETED>
                        <DELETED>    (i) the findings of the security 
                        assessment;</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (iii) any recommendations for 
                        improving the coordinated approach to 
                        mitigating vulnerabilities and risks to surface 
                        and maritime transportation systems; 
                        and</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (F) may contain a classified 
                annex.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. RISK-BASED BUDGETING AND RESOURCE 
              ALLOCATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) reflects the risk-based security strategy 
        under section 3(b); and</DELETED>
        <DELETED>    (2) is organized by appropriations account, 
        program, project, and initiative.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Resource Reallocation.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Notification.--A notification described in 
        this paragraph shall include--</DELETED>
                <DELETED>    (A) the reason for and a justification of 
                the resource or personnel allocation;</DELETED>
                <DELETED>    (B) the expected end date of the resource 
                or personnel allocation; and</DELETED>
                <DELETED>    (C) the projected cost to the 
                Transportation Security Administration of the personnel 
                or resource allocation.</DELETED>

<DELETED>SEC. 5. SURFACE AND MARITIME TRANSPORTATION SECURITY 
              MANAGEMENT AND INTERAGENCY COORDINATION REVIEW.</DELETED>

<DELETED>    (a) Review.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United States 
shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Definition of Relevant Entities.--In this section, the 
term ``relevant entities'' means--</DELETED>
        <DELETED>    (1) the Transportation Security 
        Administration;</DELETED>
        <DELETED>    (2) the Coast Guard;</DELETED>
        <DELETED>    (3) other Federal, State, or local departments or 
        agencies with jurisdiction over a mode of surface or maritime 
        transportation;</DELETED>
        <DELETED>    (4) critical infrastructure entities;</DELETED>
        <DELETED>    (5) the Transportation Systems Sector Coordinating 
        Council; and</DELETED>
        <DELETED>    (6) relevant stakeholders.</DELETED>

<DELETED>SEC. 6. TRANSPARENCY.</DELETED>

<DELETED>    (a) Regulations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Contents.--The information published under 
        paragraph (1) shall include--</DELETED>
                <DELETED>    (A) an updated rulemaking schedule for the 
                outstanding regulation;</DELETED>
                <DELETED>    (B) current staff allocations;</DELETED>
                <DELETED>    (C) data collection or research relating 
                to the development of the rulemaking;</DELETED>
                <DELETED>    (D) current efforts, if any, with security 
                experts, advisory committees, and other stakeholders; 
                and</DELETED>
                <DELETED>    (E) other relevant details associated with 
                the development of the rulemaking that impact the 
                progress of the rulemaking.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) identifies the requirements under such titles 
        of that Act and under this Act that have not been fully 
        implemented;</DELETED>
        <DELETED>    (2) describes what, if any, additional action is 
        necessary; and</DELETED>
        <DELETED>    (3) includes recommendations regarding whether any 
        of the requirements under such titles of that Act or this Act 
        should be amended or repealed.</DELETED>

<DELETED>SEC. 7. TSA COUNTERTERRORISM ASSET DEPLOYMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Exception.--This section shall not apply if the 
Administrator--</DELETED>
        <DELETED>    (1) determines there is an urgent security need 
        for the personnel or resource described in subsection (a); 
        and</DELETED>
        <DELETED>    (2) notifies the appropriate committees of 
        Congress of the determination under paragraph (1).</DELETED>

<DELETED>SEC. 8. SURFACE TRANSPORTATION SECURITY ADVISORY 
              COMMITTEE.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 404. SURFACE TRANSPORTATION SECURITY ADVISORY 
              COMMITTEE.</DELETED>

<DELETED>    ``(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').</DELETED>
<DELETED>    ``(b) Duties.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Risk-based security.--The Advisory Committee 
        shall consider risk-based security approaches in the 
        performance of its duties.</DELETED>
<DELETED>    ``(c) Membership.--</DELETED>
        <DELETED>    ``(1) Composition.--The Advisory Committee shall 
        be composed of--</DELETED>
                <DELETED>    ``(A) voting members appointed by the 
                Administrator under paragraph (2); and</DELETED>
                <DELETED>    ``(B) nonvoting members, serving in an 
                advisory capacity, who shall be designated by--
                </DELETED>
                        <DELETED>    ``(i) the Transportation Security 
                        Administration;</DELETED>
                        <DELETED>    ``(ii) the Department of 
                        Transportation;</DELETED>
                        <DELETED>    ``(iii) the Coast Guard; 
                        and</DELETED>
                        <DELETED>    ``(iv) such other Federal 
                        department or agency as the Administrator 
                        considers appropriate.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) associations representing such modes 
                of surface transportation;</DELETED>
                <DELETED>    ``(B) labor organizations representing 
                such modes of surface transportation;</DELETED>
                <DELETED>    ``(C) groups representing the users of 
                such modes of surface transportation, including asset 
                manufacturers, as appropriate;</DELETED>
                <DELETED>    ``(D) relevant law enforcement, first 
                responders, and security experts; and</DELETED>
                <DELETED>    ``(E) such other groups as the 
                Administrator considers appropriate.</DELETED>
        <DELETED>    ``(3) Chairperson.--The Advisory Committee shall 
        select a chairperson from among its voting members.</DELETED>
        <DELETED>    ``(4) Term of office.--</DELETED>
                <DELETED>    ``(A) Terms.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Reappointment.--A voting 
                        member of the Advisory Committee may be 
                        reappointed.</DELETED>
                <DELETED>    ``(B) Removal.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Meetings.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Public meetings.--At least one of 
                the meetings of the Advisory Committee each year shall 
                be--</DELETED>
                        <DELETED>    ``(i) announced in the Federal 
                        Register;</DELETED>
                        <DELETED>    ``(ii) announced on a public 
                        website; and</DELETED>
                        <DELETED>    ``(iii) open to the 
                        public.</DELETED>
                <DELETED>    ``(C) Attendance.--The Advisory Committee 
                shall maintain a record of the persons present at each 
                meeting.</DELETED>
                <DELETED>    ``(D) Minutes.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Voting member access to classified and 
        sensitive security information.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Access.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Protections.--</DELETED>
                        <DELETED>    ``(i) Sensitive security 
                        information.--Voting members shall protect 
                        sensitive security information in accordance 
                        with part 1520 of title 49, Code of Federal 
                        Regulations.</DELETED>
                        <DELETED>    ``(ii) Classified information.--
                        Voting members shall protect classified 
                        information in accordance with the applicable 
                        requirements for the particular level of 
                        classification.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) Aviation Security Advisory Committee 
                established under section 44946 of title 49, United 
                States Code.</DELETED>
                <DELETED>    ``(B) Maritime Security Advisory Committee 
                established under section 70112 of title 46, United 
                States Code.</DELETED>
                <DELETED>    ``(C) Railroad Safety Advisory Committee 
                established by the Federal Railroad 
                Administration.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Reports.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Annual report.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Administration Response.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) if the Administrator disagrees with 
                the recommendation, a justification for that 
                determination.</DELETED>
        <DELETED>    ``(3) Notices.--Not later than 30 days after the 
        date the Administrator submits feedback under paragraph (2), 
        the Administrator shall--</DELETED>
                <DELETED>    ``(A) notify the appropriate congressional 
                committees of the feedback, including the determination 
                under subparagraph (A) or subparagraph (B) of that 
                paragraph, as applicable; and</DELETED>
                <DELETED>    ``(B) provide the appropriate 
                congressional committees with a briefing upon 
                request.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Website.--The Administrator shall maintain a 
        public website that--</DELETED>
                <DELETED>    ``(A) lists the members of the Advisory 
                Committee; and</DELETED>
                <DELETED>    ``(B) provides the contact information for 
                the Advisory Committee.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Advisory Committee Members.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 404. Surface Transportation Security Advisory 
                            Committee.''.

<DELETED>SEC. 9. REVIEW OF THE EXPLOSIVES DETECTION CANINE TEAM 
              PROGRAM.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) review the explosives detection canine team 
        program, including--</DELETED>
                <DELETED>    (A) the development by the Transportation 
                Security Administration of a deployment strategy for 
                explosives detection canine teams;</DELETED>
                <DELETED>    (B) the national explosives detection 
                canine team training program, including canine 
                training, handler training, refresher training, and 
                updates to such training; and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) submit to the appropriate committees of 
        Congress a report on the review, including any 
        recommendations.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 10. EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE 
              TEAM PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Increased Capacity.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Deployment.--The Secretary shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 11. EXPLOSIVE DETECTION TECHNOLOGY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 12. STUDY ON SECURITY STANDARDS AND BEST PRACTICES FOR 
              PASSENGER TRANSPORTATION SYSTEMS.</DELETED>

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

<DELETED>SEC. 13. AMTRAK SECURITY UPGRADES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking the period at 
        the end and inserting ``, including communications 
        interoperability where appropriate with relevant outside 
        agencies and entities.'';</DELETED>
        <DELETED>    (2) in paragraph (5), by striking ``security of'' 
        and inserting ``security and preparedness of'';</DELETED>
        <DELETED>    (3) in paragraph (7), by striking ``security 
        threats'' and inserting ``security threats and preparedness, 
        including connectivity to the National Terrorist Screening 
        Center''; and</DELETED>
        <DELETED>    (4) in paragraph (9), by striking ``and security 
        officers'' and inserting ``, security, and preparedness 
        officers''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subparagraph (D) by inserting ``, or to 
        connect to the National Terrorism Screening Center watchlist'' 
        after ``Secretary'';</DELETED>
        <DELETED>    (2) in subparagraph (G), by striking ``; and'' at 
        the end and inserting a semicolon;</DELETED>
        <DELETED>    (3) in subparagraph (H) by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
                <DELETED>    ``(I) for improvements to passenger 
                verification systems;</DELETED>
                <DELETED>    ``(J) for improvements to employee and 
                contractor verification systems, including identity 
                verification technology; or</DELETED>
                <DELETED>    ``(K) for improvements to the security of 
                Amtrak computer systems, including cybersecurity 
                assessments and programs.''.</DELETED>

<DELETED>SEC. 14. PASSENGER RAIL VETTING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 15. STUDY ON SURFACE TRANSPORTATION INSPECTORS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (2) determines whether surface transportation 
        security inspectors--</DELETED>
                <DELETED>    (A) have appropriate qualifications to 
                help secure and inspect surface transportation systems; 
                and</DELETED>
                <DELETED>    (B) have adequate experience and training 
                to perform the responsibilities identified under 
                paragraph (1);</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) evaluates the consistency of surface 
        transportation inspections, recommendations, and regulatory 
        enforcement, where applicable;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) provides recommendations, if any, relating 
        to--</DELETED>
                <DELETED>    (A) improvements to the surface 
                transportation security inspectors program, including--
                </DELETED>
                        <DELETED>    (i) changes in organizational and 
                        supervisory structures;</DELETED>
                        <DELETED>    (ii) coordination procedures to 
                        enhance consistency; and</DELETED>
                        <DELETED>    (iii) effectiveness in inspection 
                        and compliance activities; and</DELETED>
                <DELETED>    (B) whether each transportation mode needs 
                inspectors trained and qualified for that specific 
                mode.</DELETED>

<DELETED>SEC. 16. SECURITY AWARENESS PROGRAM.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Assessment.--</DELETED>
        <DELETED>    (1) In general.--The Administrator shall conduct 
        an assessment of current training programs for surface 
        transportation operators and frontline employees.</DELETED>
        <DELETED>    (2) Contents.--The assessment shall identify--
        </DELETED>
                <DELETED>    (A) whether other training is being 
                provided, either voluntarily or in response to other 
                Federal requirements; and</DELETED>
                <DELETED>    (B) whether there are any gaps in existing 
                training.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (f) Suspicious Activity Reporting.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Procedures.--The Administrator shall establish 
        procedures for the Administration--</DELETED>
                <DELETED>    (A) to review and followup, as necessary, 
                on each report received under paragraph (1); 
                and</DELETED>
                <DELETED>    (B) to share, as necessary and in 
                accordance with law, the report with appropriate 
                Federal, State, local, and tribal entities.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Definition of Frontline Employee.--In this section, 
the term ``frontline employee'' includes--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 17. VOLUNTARY USE OF CREDENTIALING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Issuance of Cards.--The Secretary of Homeland 
Security--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Definition.--In this section, the term ``individual 
who is subject to credentialing or a background investigation'' means 
an individual who--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 18. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT 
              LICENSES.</DELETED>

<DELETED>    Section 5103a(d) of title 49, United States Code, is 
amended by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 19. CARGO CONTAINER SCANNING TECHNOLOGY REVIEW.</DELETED>

<DELETED>    (a) Designations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Evaluation.--In soliciting proposals under 
        paragraph (1), the Secretary shall establish measures to assess 
        the performance of the proposed scanning technologies, 
        including--</DELETED>
                <DELETED>    (A) the rate of false positives;</DELETED>
                <DELETED>    (B) the delays in processing times; 
                and</DELETED>
                <DELETED>    (C) the impact on the supply 
                chain.</DELETED>
<DELETED>    (b) Pilot Program.--</DELETED>
        <DELETED>    (1) Establishment.--The Secretary may establish a 
        pilot program to determine the efficacy of a scanning 
        technology referred to in subsection (a).</DELETED>
        <DELETED>    (2) Application process.--In carrying out the 
        pilot program under this subsection, the Secretary shall--
        </DELETED>
                <DELETED>    (A) solicit applications from domestic 
                ports;</DELETED>
                <DELETED>    (B) select up to 4 domestic ports to 
                participate in the pilot program; and</DELETED>
                <DELETED>    (C) select ports with unique features and 
                differing levels of trade volume.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) an evaluation of the scanning 
                technologies proposed to improve security at domestic 
                ports and to meet the full-scale implementation 
                requirement;</DELETED>
                <DELETED>    (B) the costs to implement a pilot 
                program;</DELETED>
                <DELETED>    (C) the benefits of the proposed scanning 
                technologies;</DELETED>
                <DELETED>    (D) the impact of the pilot program on the 
                supply chain; and</DELETED>
                <DELETED>    (E) recommendations for implementation of 
                advanced cargo scanning technologies at domestic 
                ports.</DELETED>
        <DELETED>    (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.</DELETED>

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

<DELETED>    (a) In General.--Section 114 of title 49, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (u), (v), and (w) 
        as subsections (t), (u), and (v), respectively; and</DELETED>
        <DELETED>    (2) in subsection (t), as redesignated--</DELETED>
                <DELETED>    (A) in paragraph (1)(A), by striking 
                ``subsection (t)'' and inserting ``subsection 
                (s)'';</DELETED>
                <DELETED>    (B) by striking paragraph (7); 
                and</DELETED>
                <DELETED>    (C) by redesignating paragraphs (8) and 
                (9) as paragraphs (7) and (8), respectively.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Transportation security strategic planning.--
        Section 114(s)(3)(B) of title 49, United States Code, is 
        amended by striking ``2007'' and inserting ``2007)''.</DELETED>
        <DELETED>    (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,''.</DELETED>

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. Nuclear material and 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. Authorization of appropriations.
Sec. 18. GAO study on grants.
Sec. 19. Voluntary use of credentialing.
Sec. 20. Background records checks for issuance of hazmat licenses.
Sec. 21. Cargo container scanning technology review.
Sec. 22. Technical and conforming amendments.

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 and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Homeland Security of the House 
                of Representatives; and
                    (D) 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, school 
        bus industry, 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 1 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 1 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. NUCLEAR MATERIAL AND 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 nuclear material detection 
systems or explosive detection systems, shall research, facilitate, 
and, to the extent practicable, deploy next generation technologies, 
including active neutron interrogation, to detect nuclear material and 
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 follow-up, 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. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (c), there are authorized to 
be appropriated to the Secretary to award surface transportation 
preparedness grants--
            (1) $250,000,000 for fiscal year 2018;
            (2) $275,000,000 for fiscal year 2019;
            (3) $300,000,000 for fiscal year 2020; and
            (4) $325,000,000 for fiscal year 2021.
    (b) Additional Authorization of Appropriations.--
            (1) In general.--Subject to subsection (c) and in addition 
        to the sums authorized to be appropriated under subsection (a), 
        if the certification described in paragraph (2) is made during 
        a fiscal year there is authorized to be appropriated to the 
        Secretary for the purpose described in subsection (a) for that 
        fiscal year an additional amount as follows:
                    (A) $250,000,000 for fiscal year 2018.
                    (B) $300,000,000 for fiscal year 2019.
                    (C) $350,000,000 for fiscal year 2020.
                    (D) $400,000,000 for fiscal year 2021.
            (2) Certifications.--A certification described in this 
        paragraph is a certification made by the Secretary, in 
        coordination with the Administrator, and submitted to the 
        appropriate committees of Congress that the Secretary--
                    (A) has reviewed the criteria and selection process 
                for each surface transportation preparedness grants 
                program;
                    (B) has determined whether the criteria and 
                selection process adequately reflect the results of the 
                risk-based assessment and risk-based strategy of the 
                applicable transportation system under section 3; and
                    (C) is in compliance with this paragraph and 
                paragraph (3).
            (3) GAO study.--Prior to submitting a certification under 
        paragraph (2), the Secretary shall review the report under 
        section 18 and take action on each recommendation described in 
        subsection (c)(2) of that section.
    (c) Use of Funds.--Half of the amounts made available under 
subsections (a) and (b)(1) for a fiscal year shall be used by the 
Secretary to award grants under the Port Security Grant Program.
    (d) Definition of Surface Transportation Preparedness Grants.--In 
this section, the term ``surface transportation preparedness grants'' 
means grants awarded under--
            (1) the Intercity Passenger Rail Security Grant Program;
            (2) the Intercity Bus Security Grant Program;
            (3) the Rail Grant Program;
            (4) the Transit Security Grant Program; and
            (5) the Port Security Grant Program.

SEC. 18. GAO STUDY ON GRANTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Comptroller General of the United States shall study 
the management and effectiveness of the programs administering surface 
transportation preparedness grants (as defined in section 17).
    (b) Considerations.--In conducting the study under subsection (a), 
the Comptroller General shall consider for each applicable program 
whether--
            (1) the Transportation Security Administration's criteria 
        for surface transportation preparedness grants reflects the 
        risk-based strategy under section 3;
            (2) the Department's grant selection process and 
        implementation decisions reflect the risk-based strategy under 
        section 3;
            (3) the applicable program's effectiveness at decreasing 
        vulnerability can be and has been assessed; and
            (4) the Department is providing sufficient oversight of the 
        applicable program to ensure the grant funds are used for the 
        purpose described in the grant application.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the Comptroller General shall submit to the appropriate 
committees of Congress a report on the study under subsection (a), 
including--
            (1) the findings of the study; and
            (2) any recommendations for improving the applicable 
        programs.

SEC. 19. 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. 20. 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 department 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. 21. 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. 22. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Transportation Security Administration.--Section 114 of title 
49, United States Code, is amended by redesignating subsections (u), 
(v), and (w) as subsections (t), (u), and (v), respectively.
    (b) Transportation Security Strategic Planning.--Section 
114(s)(3)(B) of title 49, United States Code, is amended by striking 
``2007'' and inserting ``2007)''.
    (c) 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,''.
                                                       Calendar No. 251

115th CONGRESS

  1st Session

                                 S. 763

                          [Report No. 115-178]

_______________________________________________________________________

                                 A BILL

        To improve surface and maritime transportation security.

_______________________________________________________________________

                            October 25, 2017

                       Reported with an amendment