[Congressional Record Volume 164, Number 47 (Monday, March 19, 2018)]
[House]
[Pages H1669-H1671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        SURFACE TRANSPORTATION SECURITY IMPROVEMENT ACT OF 2018

  Mr. BACON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 5131) to improve the effectiveness of Federal efforts to identify 
and address homeland security risks to surface transportation, secure 
against vehicle-based attacks, and conduct a feasibility assessment of 
introducing new security technologies and measures, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5131

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Surface Transportation 
     Security Improvement Act of 2018''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Homeland Security of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       (2) Public and private sector stakeholders.--The term 
     ``public and private sector stakeholders'' has the meaning 
     given such term in section 114(u)(1)(C) of title 49, United 
     States Code.
       (3) Surface transportation asset.--The term ``surface 
     transportation asset'' includes facilities, equipment, or 
     systems used to provide transportation services by--
       (A) a public transportation agency (as such term is defined 
     in section 1402(5) of the Implementing Recommendations of the 
     9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 
     1131(5)));
       (B) a railroad carrier (as such term is defined in section 
     20102(3) of title 49, United States Code);
       (C) an owner or operator of--
       (i) an entity offering scheduled, fixed-route 
     transportation services by over-the-road bus (as such term is 
     defined in section 1501(4) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (Public 
     Law 110-53; 6 U.S.C. 1151(4))); or
       (ii) a bus terminal; or
       (D) other transportation facilities, equipment, or systems, 
     as determined by the Secretary.

     SEC. 3. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY REVIEW.

       Not later than one year after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     evaluate the degree to which the 2016 Biennial National 
     Strategy for Transportation Security, as required pursuant to 
     section 114(s) of title 49, United States Code, that was 
     issued on August 11, 2016, by the Administrator of the 
     Transportation Security Administration, is reflected in 
     Federal transportation security programs, budgets, research, 
     staffing levels, and related efforts and, in carrying out 
     such evaluation, shall consider the degree to which--
       (1) such strategy is sufficiently forward-looking to guide 
     future Federal efforts relating to transportation security;
       (2) Federal transportation security programs, budgets, 
     research, staffing levels, and related efforts for fiscal 
     year 2018 and beyond are guided by such strategy; and
       (3) the annual progress reports submitted to Congress 
     pursuant to such section subsequent to the issuance of such 
     strategy provide information on the degree to which such 
     strategy guides Federal efforts relating to transportation 
     security.

     SEC. 4. RISK SCENARIOS.

       (a) In General.--The Secretary of Homeland Security shall 
     annually develop, consistent with the transportation modal 
     security plans required under section 114(s) of title 49, 
     United States Code, risk-based priorities based on risk 
     assessments conducted or received by the Secretary across all 
     transportation modes that consider threats, vulnerabilities, 
     and consequences.
       (b) Scenarios.--The Secretary of Homeland Security shall 
     ensure that the risk-based priorities identified pursuant to 
     subsection (a) are informed by an analysis of terrorist 
     attack scenarios for each transportation mode, including 
     cyber attack scenarios and intelligence and open source 
     information about current and evolving threats.
       (c) Report.--Not later than 120 days after each development 
     of risk-based priorities under subsection (a), the Secretary 
     of Homeland Security shall provide to the appropriate 
     congressional committees a report that includes the 
     following:
       (1) Copies of the risk assessments for each transportation 
     mode.
       (2) A summary that ranks the risks within and across modes.
       (3) A description of the risk-based priorities for securing 
     the transportation sector that identifies and prioritizes the 
     greatest security needs of such transportation sector, both 
     across and within modes, in the order that such priorities 
     should be addressed.
       (4) Information on the underlying methodologies used to 
     assess risks across and within each transportation mode and 
     the basis for any assumptions regarding threats, 
     vulnerabilities, and consequences made in assessing and 
     prioritizing risks within each such mode and across modes.
       (d) Classification.--The information provided under 
     subsection (c) may be submitted in a classified format or 
     unclassified format, as appropriate.

     SEC. 5. ASSESSMENTS AND SECURITY PLANS; FRONTLINE EMPLOYEE 
                   SECURITY TRAINING.

       (a) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the appropriate congressional committees and 
     the Inspector General of the Department of Homeland Security 
     a report on--
       (1) the status of regulations requiring assessments and 
     security plans as specified in sections 1405, 1512, and 1531 
     of the Implementing Recommendations of the 9/11 Commission 
     Act of 2007 (6 U.S.C. 1134, 1162, and 1181) that includes a 
     timeline for the issuance of a final rulemaking subsequent to 
     the December 16, 2016, publication in the Federal Register of 
     an advance notice of proposed rulemaking; and
       (2) the status of regulations for a security training 
     program to prepare transportation employees for potential 
     security threats and conditions as specified in sections 
     1408, 1517, and 1534 of the Implementing Recommendations of 
     the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 
     1184) that includes a timeline for the issuance of a final 
     rulemaking subsequent to the December 16, 2016, publication 
     in the Federal Register of a notice of proposed rulemaking.
       (b) Inspector General Review.--Not later than 120 days 
     after submission of the report under subsection (a), the 
     Inspector General of the Department of Homeland Security 
     shall submit to the appropriate congressional committees a 
     review of such report that includes information on--

[[Page H1670]]

       (1) departmental efforts to finalize rulemaking; and
       (2) recommendations, as necessary, to ensure implementation 
     of the regulations referred to in such subsection.

     SEC. 6. RESEARCH AND DEVELOPMENT.

       (a) Emerging Issues.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security, acting through the Under Secretary for Science and 
     Technology of the Department of Homeland Security and in 
     coordination with the Administrator of the Transportation 
     Security Administration, shall submit to the appropriate 
     congressional committees a feasibility assessment of 
     modifying the security of surface transportation assets by--
       (1) introducing next generation technologies to be 
     integrated into systems of surface transportation assets to 
     detect explosives, including through the deployment of mobile 
     explosives detection technologies to conduct risk-based 
     passenger and property screening at such systems;
       (2) providing surface transportation asset operators with 
     access to the Transportation Security Administration's Secure 
     Flight Program or a similar passenger vetting system 
     maintained by the Transportation Security Administration;
       (3) deploying a credential authentication technology or 
     other means of identification document inspection to high-
     risk surface transportation assets to assist operators 
     conducting passenger vetting; and
       (4) deploying scalable, cost-effective technology solutions 
     to detect chemical, biological, radiological, nuclear, or 
     explosive threats within high-risk surface transportation 
     assets that are capable of passive, continuous, and real-time 
     sensing and detection of, and alerting passengers and 
     operating personnel to, the presence of such a threat.
       (b) Considerations.--In carrying out the assessment 
     required under subsection (a), the Secretary of Homeland 
     Security, acting through the Under Secretary for Science and 
     Technology of the Department of Homeland Security and in 
     coordination with the Administrator of the Transportation 
     Security Administration, shall address the technological, 
     privacy, operational, passenger facilitation, and public 
     acceptance considerations involved with each security measure 
     contemplated in such assessment.

     SEC. 7. BEST PRACTICES TO SECURE AGAINST VEHICLE-BASED 
                   ATTACKS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall 
     disseminate best practices to public and private sector 
     stakeholders regarding how to enhance transportation security 
     against the threat of a vehicle-based terrorist attack.

     SEC. 8. SURFACE TRANSPORTATION STAKEHOLDER SURVEY.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall begin conducting a survey of public and private 
     stakeholders responsible for securing surface transportation 
     assets regarding resource challenges, including the 
     availability of Federal funding, associated with securing 
     such assets that provides an opportunity for respondents to 
     set forth information on specific unmet needs.
       (b) Report.--Not later than 120 days after beginning the 
     survey required under subsection (a), the Secretary of 
     Homeland Security shall report to the appropriate 
     congressional committees regarding the results of such survey 
     and the Department of Homeland Security's efforts to address 
     any identified security vulnerabilities.

     SEC. 9. INNOVATIVE TECHNOLOGIES AND CAPABILITIES.

       (a) In General.--The Administrator of the Transportation 
     Security Administration may establish a task force to 
     collaborate with public and private sector stakeholders to 
     identify and develop an innovative technology or capability 
     with the potential to enhance transportation security, 
     including by--
       (1) conducting a field demonstration of such a technology 
     or capability in an operational environment;
       (2) gathering performance data from such a demonstration to 
     inform the acquisition process; and
       (3) to the extent practicable, providing funding and 
     promoting efforts to enable participation in a demonstration 
     by a small business that has an innovative technology or 
     capability but does not have adequate resources to 
     participate in a field demonstration under paragraph (1).
       (b) Composition.--The task force authorized under 
     subsection (a) shall be chaired by the Administrator of the 
     Transportation Security Administration's designee and 
     comprised of representatives appointed by the Administrator, 
     in consultation with the Chairperson of the Aviation Security 
     Advisory Committee (established pursuant to section 44946 of 
     title 49, United States Code).
       (c) Activities.--The chair of the task force shall--
       (1) evaluate technologies and capabilities for field 
     demonstrations with potential to enhance surface 
     transportation security, in addition to technologies and 
     capabilities with potential to enhance aviation security;
       (2) coordinate with the Science and Technology Directorate 
     of the Department of Homeland Security to leverage such 
     technologies and capabilities; and
       (3) submit to the Secretary of Homeland Security an annual 
     report regarding the task force's activities that identifies, 
     for each such technology or capability, what mode of 
     transportation could be enhanced by the integration of such 
     technology or capability into security operations and, as 
     appropriate, plans for deploying such technology or 
     capability.
       (d) Rule of Construction.--Nothing in this section shall 
     require the Administrator of the Transportation Security 
     Administration to acquire an innovative technology or 
     capability.
       (e) Non-Applicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the task 
     force.

     SEC. 10. SECURITY TECHNOLOGIES TIED TO FOREIGN THREAT 
                   COUNTRIES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security, acting through 
     the Under Secretary for Intelligence and Analysis of the 
     Department of Homeland Security, in consultation with the 
     Under Secretary for the National Protection and Programs 
     Directorate of the Department, shall submit to the 
     appropriate congressional committees an assessment of 
     terrorist and other threats to the transportation sector, 
     including surface transportation assets, posed by the use of 
     security technologies, including software and networked 
     technologies, developed or manufactured by firms that are 
     owned or closely linked to the governments of countries that 
     are known to pose a cyber or homeland security threat.

     SEC. 11. SURFACE TRANSPORTATION SECURITY INSPECTORS.

       (a) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator of the 
     Transportation Security Administration shall submit to the 
     appropriate congressional committees and the Comptroller 
     General of the United States a strategy to guide operations 
     of surface transportation security inspectors that addresses 
     the following:
       (1) Any limitations in data systems for such inspectors, as 
     identified by the Comptroller General.
       (2) Alignment of operations with risk assessment findings, 
     including an approach to identifying and prioritizing 
     entities and locations for inspections.
       (3) Measurable objectives for the surface transportation 
     security inspectors program.
       (b) Comptroller General Review.--Not later than 180 days 
     after the submission of the strategy required under 
     subsection (b), the Comptroller General of the United States 
     shall review such strategy and, as appropriate, issue 
     recommendations.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nebraska (Mr. Bacon) and the gentlewoman from New Jersey (Mrs. Watson 
Coleman) each will control 20 minutes.
  The Chair recognizes the gentleman from Nebraska.


                             General Leave

  Mr. BACON. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days within which to revise and extend their remarks and 
include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nebraska?
  There was no objection.
  Mr. BACON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 5131, the Surface 
Transportation Security Improvement Act of 2018, as amended.
  As you may be aware, TSA was created in response to the terrorist 
attacks on September 11. While the impetus behind its creation was the 
threat to aviation security, TSA is responsible for securing all 
transportation modes, including surface transportation assets such as 
railroads, mass transit, pipelines, buses, and ports. Given the 
persistent threats facing aviation in the post-9/11 era, TSA's main 
focus has been securing the aviation sector. However, in recent years, 
threats emanating against surface transportation modes, especially mass 
transit hubs, have steadily increased.
  Attacks against these surface targets often require less 
sophistication than attacks against aviation, making them especially 
attractive to lone wolves or homegrown violent extremists.
  Surface transportation systems are also a very attractive target due 
to their large volume of daily ridership and open infrastructure. The 
most recent example of an attack targeting surface is the attempted 
suicide bombing in December 2017 at New York City's Port Authority Bus 
Terminal.
  Given the current threat environment, a review of TSA's approach to 
securing all transportation modes and an assessment of the degree to 
which surface transportation security should be prioritized is 
certainly warranted. Specifically, this bill mandates a GAO review of 
the national strategy for transportation security, the development of 
risk-based priorities for all

[[Page H1671]]

transportation modes, and a feasibility assessment of utilizing 
security technologies for surface transportation assets.
  Furthermore, the bill requires TSA to disseminate best practices for 
enhancing security against vehicle-based terrorist attacks and 
authorizes a surface-focused Innovation Task Force.
  Finally, the bill requires a threat assessment of certain security 
technologies tied to foreign countries and a strategy for TSA's surface 
transportation inspectors. In the face of emerging threats, it is 
imperative that Congress ensure TSA is adequately executing its mission 
to protect all transportation modes, not just aviation.
  I thank the ranking member of the Subcommittee on Transportation and 
Protective Security, Mrs. Watson Coleman, for authoring this 
legislation, as well as the chairman of the subcommittee, Mr. Katko, 
for his support and leadership on this issue.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in strong support of H.R. 5131, the Surface 
Transportation Security Improvement Act of 2018.
  Mr. Speaker, the Nation's surface transportation systems are central 
to Americans' daily life. Subways, buses, trains, and pipelines move 
millions of people and goods every day. Given their criticality, it is 
no surprise that terrorists have targeted these systems for attack. In 
recent years, attacks overseas have proven lethal, even more so, on 
average, than attacks against aviation. In December 2017, the threat 
against these systems hit home when a would-be attacker detonated a 
bomb within New York City's Port Authority Bus Terminal subway station.
  My bill, H.R. 5131, would require the Department of Homeland Security 
to take meaningful steps to address this emerging threat. First, it 
would require TSA to take a more comprehensive approach to 
transportation threats when it comes to assessing risk and setting 
strategies and priorities. Second, it would require TSA to take a hard 
look at integrating new technologies and security measures into mass 
transit and other surface transportation systems.
  Importantly, H.R. 5131 also would require DHS to assess cyber threats 
posed by foreign technologies and to disseminate best practices for 
securing transportation systems against vehicle-based attacks, such as 
the truck attack we witnessed in New York City last October.
  Finally, it would require TSA to develop a risk-based strategy for 
its surface inspectors and answer to Congress for its failure to issue 
long overdue regulations that are required by the Implementing 
Recommendations of the 
9/11 Commission Act of 2007.
  Consideration of H.R. 5131 today is timely, given the cuts to surface 
transportation security programs proposed by the President in both the 
fiscal year 2018 and 2019 budgets.
  Mr. Speaker, I urge my colleagues to support this measure to improve 
surface transportation security.
  In closing, as we have seen around the world, the threats to surface 
transportation systems are real and evolving. A major attack on any one 
system could be devastating and result in significant loss of life. My 
bill will push TSA to increase and enhance its efforts to secure these 
critical systems.
  Mr. Speaker, I strongly encourage my colleagues to support this. I 
appreciate the support from my colleague and the support from Mr. 
Katko.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BACON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, again, I want to commend the gentlewoman from New 
Jersey's work on this bill and Mr. Katko, the chairman of the 
subcommittee.
  This is obviously very important. Airports aren't the only target. We 
have bus transportation, we have seen those targeted in Europe; our 
rail centers are also targets. We have seen that in Europe, and we have 
seen indications of those attacks being planned here as well.
  Once again, Mr. Speaker, I urge my colleagues to support this bill, 
and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 5131, the 
``Surface Transportation Security Improvement Act of 2018,'' which 
would increase the nation's readiness to deal with national security 
threats.
  H.R. 5131 requires the Government Accountability Office to review the 
effectiveness of the Transportation Security Administration's Biennial 
National Strategy for Transportation Security.
  H.R. 5131 would also require the Department of Homeland Security to 
develop risk-based priorities across all transportation modes.
  This would be informed by analysis of terrorist attack scenarios for 
each mode of transportation.
  The work directly under this will also include cyber-attack 
scenarios, which poses an increasing threat to the well-being of our 
public and private infrastructures.
  H.R. 5131 requires DHS to explain overdue surface transportation 
security rulemakings and the Inspector General to review DHS's 
explanations, and report on its findings.
  It directs DHS to conduct a feasibility assessment of introducing 
next generation technologies to detect threats to surface 
transportation systems.
  DHS would also disseminate best practices for enhancing 
transportation security against the threat of vehicle-based attacks.
  The bill also requires DHS to conduct and report to Congress on a 
survey of surface transportation stakeholders regarding resource 
challenges, including the availability of Federal funding and specific 
unmet needs.
  It authorizes a TSA task force to identify and develop innovative 
technologies and capabilities to enhance transportation security, 
including surface transportation security.
  It also directs DHS to assess the threats posed by the use of 
security technologies developed or manufactured by firms owned or 
closely linked to the governments of countries known to pose cyber or 
homeland security threats.
  This is extremely important given the ongoing threats to our 
democracy from a rising number of malevolent global actors, including 
North Korea and Russia.
  Finally, the bill requires the TSA to develop a strategy to guide 
surface transportation security inspector operations, which would be 
subject to GAO review.
  In sum, H.R. 5131 enhances TSA's surface transportation security 
operations across a range of activities, while taking into 
consideration the role of computers in the modernization of our 
nation's transportation systems.
  I urge my colleagues to join me in voting for this measure.
  The SPEAKER pro tempore (Mr. Estes of Kansas). The question is on the 
motion offered by the gentleman from Nebraska (Mr. Bacon) that the 
House suspend the rules and pass the bill, H.R. 5131, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BACON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________