[Senate Report 115-178]
[From the U.S. Government Publishing Office]
Calendar No. 251
115th Congress } { Report
SENATE
1st Session } { 115-178
_______________________________________________________________________
SURFACE AND MARITIME TRANSPORTATION SECURITY ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 763
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 25, 2017.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
79-010 PDF WASHINGTON : 2017
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada CORY A. BOOKER, New Jersey
JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY C. PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West TAMMY DUCKWORTH, Illinois
Virginia
CORY GARDNER, Colorado MARGARETWOODHASSAN,NewHampshire
TODD C. YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 251
115th Congress } { Report
SENATE
1st Session } { 115-178
======================================================================
SURFACE AND MARITIME TRANSPORTATION SECURITY ACT
_______
October 25, 2017.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 763]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 763) to improve surface and
maritime transportation security, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of this legislation is to enhance the security
of our surface transportation systems, and for other purposes.
Background and Needs
The Transportation Security Administration (TSA) is
responsible for the oversight, cooperation, and regulation of
surface transportation systems, including mass transit, rail,
highways, and pipelines. TSA also supports maritime security
efforts. Recent security incidents highlight the continued
threat to soft targets, including open transportation systems
like passenger rail and mass transit, and the use of commercial
motor vehicles to perpetrate attacks. In addition, potential
attacks on freight transportation networks including ports,
railroads, and pipelines, present economic and public safety
threats.
The majority of TSA's budget is dedicated to aviation
security, particularly to staffing requirements at airports.
Surface transportation makes up less than 2 percent of TSA's
budget. Of the agency's more than 50,000 full-time employees,
fewer than 1,000 work on surface transportation security.
Congress has appropriated funding to surface and maritime
security grant programs. Surface transportation security grants
include transit, freight rail, intercity rail, intercity bus,
and port security grants. TSA reviews and prioritizes projects
for the grant programs, and they are administered to State and
local agencies through the Federal Emergency Management Agency
(FEMA). These programs fund security related projects for
surface transportation and ports. In fiscal year (FY) 2017,
Congress appropriated $200 million for these grant programs.
The Committee held several hearings on TSA to review TSA's
efforts to address surface transportation security. The
Department of Homeland Security Inspector General (DHS IG)
testified that TSA lacked an intelligence-driven risk-based
security strategy that informs security and resource decisions
across all modes of transportation; had not fully implemented
internal controls that strengthen the reliability of port
worker background checks; and had not implemented regulations
governing passenger rail security, established a rail training
program, nor conducted security background checks of frontline
employees.\1\ Testimony from industry stakeholders highlighted
the need for additional canine teams and support for surface
transportation grant programs.\2\
Overall, surface transportation stakeholders report
positive relationships with TSA, but the agency does not
operate in a fully transparent manner. Congress and
stakeholders are often notified after significant decisions are
made, or not notified at all about problematic programs,
security issues, or administrative challenges.
---------------------------------------------------------------------------
\1\U.S. Congress, Senate Committee on Commerce, Science, and
Transportation, Subcommittee on Surface Transportation and Merchant
Marine Infrastructure, Safety, and Security, Assessing the Security of
Our Critical Transportation Infrastructure, 114th Congress, 2nd
session, December 7, 2016, at https://www.commerce.senate.gov/public/
index.cfm/hearings?ID=E4F15992-4345-4E6E-9937-
45917959BB15.X2016_DHS_Budget_in_Brief.pdf.
\2\Ibid.
\3\P.L. 109-347, 120 Stat. 1884.
\4\P.L. 110-53, 121 Stat. 266.
---------------------------------------------------------------------------
Summary of Provisions
S. 763, the Surface and Maritime Transportation Security
Act, would do the following:
Direct TSA to conduct a risk-based
assessment of current threats and vulnerabilities to
our surface transportation systems.
Direct TSA to conduct risk-based budgeting
across all transportation modes based on a risk
analysis.
Require a review of TSA's surface
transportation security programs and TSA's coordination
with other stakeholders.
Increase transparency by requiring TSA's
budget submission to clearly indicate which resources
will be used for surface transportation.
Establish a surface transportation security
advisory committee.
Increase the number of explosives detection
canine teams and require a DHS IG review of the
program.
Require a Government Accountability Office
(GAO) study on security best practices in surface
transportation systems around the world.
Increase passenger rail security by
expanding eligible grant activities and the use of TSA
passenger vetting systems for rail passengers.
Require a GAO study on the effectiveness of
surface transportation security inspectors, including
training and hiring practices.
Authorize a program to train surface
transportation frontline employees to identify and
respond to threats, including the training of
commercial truck drivers.
Legislative History
S. 763, the Surface and Maritime Transportation Security
Act, was introduced on March 29, 2017, by Senators Thune,
Nelson, Fischer, and Booker. A similar bill, S. 3379, was
introduced at the end of 114th Congress by Senators Thune,
Nelson, Fischer, and Booker.
A hearing was held on December 2, 2016, titled, ``Assessing
the Security of our Critical Infrastructure.'' During the
hearing, the Committee examined surface security issues with
representatives from industry and the DHS IG's office as
witnesses. The hearing reaffirmed the need to ensure TSA better
incorporates surface security in its risk assessment and
resource allocations.
On April 5, 2017, the Committee met in open Executive
Session and, by voice vote, ordered S. 763 to be reported
favorably with an amendment (in the nature of a substitute).
The Committee adopted a substitute amendment offered by
Senators Thune and Nelson that added grant authorization
provisions, and an additional amendment by Senator Baldwin that
included nuclear detection technology research to the bill.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 763--Surface and Maritime Transportation Security Act
Summary: The Department of Homeland Security (DHS) is
responsible for ensuring the security of the nation's
transportation systems, particularly at points of entry into
the United States by air, land, and sea. S. 763 would authorize
appropriations totaling $2.5 billion for grants to enhance the
security of surface and maritime transportation systems and the
bill also would require DHS to pursue a range of activities
aimed at identifying and addressing the vulnerabilities of such
systems. Assuming appropriation of the estimated and authorized
amounts, CBO estimates that implementing S. 763 would cost $1.3
billion over the 2018-2022 period, and an additional $1.2
billion after 2022.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 763 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
S. 763 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 763 is shown in the following table. The
costs of this legislation fall within budget functions 450
(community and regional development) and 400 (transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Preparedness Grants:
Authorization Level............ 0 500 575 650 725 0 2,450
Estimated Outlays.............. 0 35 115 232 378 471 1,231
TSA Activities:
Estimated Authorization Level.. 0 8 7 16 20 23 74
Estimated Outlays.............. 0 8 7 16 20 23 74
Total Changes:
Estimated Authorization 0 508 582 666 745 23 2,524
Level.....................
Estimated Outlays.......... 0 43 122 248 398 494 1,305
----------------------------------------------------------------------------------------------------------------
TSA = Transportation Security Administration
Note: Implementing the bill would increase outlays by another $1.2 billion in years after 2022.
Basis of estimate: Federal activities to safeguard U.S.
transportation systems are carried out by multiple agencies
within DHS. The Transportation Security Administration (TSA)
performs most activities related to aviation security and works
collaboratively with nonfederal operators of surface
transportation systems to promote the security of such systems.
The Coast Guard is primarily responsible for securing the
ports, coastlines, and waterways that comprise the nation's
maritime transportation system. Finally, the Federal Emergency
Management Agency (FEMA) administers a variety of programs that
provide grants to state and local governments and other
operators of surface transportation systems and ports to
support security-related activities.
S. 763 would authorize funding for preparedness grants to
enhance the security of surface and maritime transportation
systems and would require DHS--acting primarily through TSA--to
pursue a range of activities aimed at identifying and
addressing vulnerabilities of such systems. For purposes of
this estimate CBO assumes the bill will be enacted by the end
of 2017 and that the authorized and estimated amounts will be
appropriated each year.
Preparedness Grants
S. 763 would authorize appropriations totaling $2.5 billion
over the 2018-2021 period for grants, administered by FEMA, to
enhance the security of operations and infrastructure related
to surface and maritime transportation systems. (The Congress
provided $200 million for such grants in 2017.) Under the bill,
half of those amounts would be spent for grants to mitigate
maritime-related security risks, particularly at ports. The
other half would support grants to operators of rail, bus, and
transit systems. Based on historical spending patterns for
those grant programs, CBO estimates that spending for grants
under S. 763 would total $1.2 billion over the 2018-2022 period
and $1.2 billion in later years.
TSA Activities
Relative to current law, S. 763 would expand TSA's
responsibilities related to surface and maritime
transportation. Taken as a whole, CBO estimates that meeting
those responsibilities would increase the agency's costs by $74
million over the 2018-2022 period. (The Congress provided $72
million for TSA's surface and maritime transportation security
programs in 2017.) Those costs stem primarily from provisions
that would increase spending for canine teams to detect
explosives, authorized vetting of rail passengers, and a
variety of other requirements.
Canine Teams. S. 763 would authorize TSA to significantly
expand the number of canine teams used to detect explosives
within surface and maritime transportation systems. According
to TSA, funding provided for 2017 currently supports 181 such
teams. S. 763 would authorize the agency to add up to 70 new
teams initially and up to 200 additional teams in later years,
depending on the outcome of certain studies and reviews
required under the bill. For this estimate, CBO expects that
the agency would add 70 new teams in 2018 and, starting in
2020, gradually add 200 more teams for a total of 270 new teams
by 2022. Based on an analysis of information from TSA on the
historical costs of training and maintaining canine teams, CBO
estimates that adding those teams would cost $6 million in 2018
and $51 million over the 2018-2022 period.
Vetting for Rail Passengers. Under current law, TSA
administers a variety of vetting programs, particularly to
ensure that individuals traveling on commercial flights are not
among those listed on terrorist watch lists maintained by the
federal government. If requested by the board of directors of
Amtrak, S. 763 would authorize TSA to expand vetting services
to rail passengers. CBO estimates implementing that provision
would cost $18 million over the 2018-2022 period. That estimate
is based on an analysis of information from TSA and Amtrak
about the historical cost of similar activities, particularly
TSA's programs for vetting air passengers and includes $3
million in upfront costs for Amtrak to develop systems for
gathering data from passengers--an effort CBO expects would
take about two years. Starting in 2020, CBO estimates the
agencies would spend roughly $5 million annually to share data,
vet passengers, and communicate results.
Other Requirements. S. 763 would require TSA to complete a
broad set of comprehensive analyses of vulnerabilities of
surface and maritime transportation systems and existing
efforts to address them. The bill would specify new
responsibilities for TSA with regard to maritime transportation
security, expand activities related to training certain TSA
employees, and direct the agency (and others) to complete a
variety of studies and reports. Based on an analysis of
information from TSA, CBO estimates that meeting those new and
expanded responsibilities would require a handful of additional
staff and cost about $1 million annually.
Pay-As-You-Go considerations: None.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 763 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: S. 763
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would benefit public entities, such
as surface and maritime transportation systems. It would
authorize federal funding for security assistance grants and
give recipients greater flexibility in how those grants may be
used. Any costs incurred by those entities, including cost-
sharing contributions, would result from conditions of
receiving federal assistance.
Estimate prepared by: Federal costs: Megan Carroll (TSA),
Sarah Puro (Amtrak), and Robert Reese (FEMA); Impact on state,
local, and tribal governments: Jon Sperl; Impact on the private
sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss; Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The bill is intended to improve transportation security.
The bill affects TSA and other entities already subject to TSA
rules and regulations, and therefore the number of persons
covered would be consistent with the current levels of
individuals impacted under the provisions that are addressed in
the bill.
economic impact
The bill is not expected to have any adverse economic
impacts and may have positive economic impacts by reducing the
risk of a terrorist attack and finding efficiencies in certain
credentialing processes.
privacy
S. 763 would not impact the personal privacy of
individuals.
paperwork
S. 763 would not increase paperwork requirements for either
private individuals or businesses. The bill would require seven
reports from the Federal Government, which are aimed at
improving the security of the various surface transportation
systems or are necessary for oversight.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section would provide that the Act may be cited as the
``Surface and Maritime Transportation Security Act,'' and a
table of contents.
Section 2. Definitions.
This section would define terms used in the bill.
Section 3. Surface and maritime transportation security assessment and
implementation of risk-based strategy.
This section would require the Administrator of TSA
(Administrator) to conduct a vulnerabilities and risk
assessment for surface transportation using current threat
intelligence.
This section would further require the Administrator to
develop and implement a multi-modal, risk-based strategic plan
to mitigate threats identified in the risk assessment, and
coordinate with other stakeholders in the implementation of the
plan.
This section would further require the Administrator to
report to Congress on the security assessment and the
implementation of the risk-based plan, and to provide updates
not less frequently than semiannually.
Section 4. Risk-based budgeting and resource allocation.
This section would require TSA's budget to reflect the
risk-based strategy under section 3 and its submissions to
clearly indicate which resources would be used for surface
transportation security and which will be dedicated to
aviation.
This section would further require TSA to notify Congress
if agency resources, including staff, are used for purposes not
related to transportation security.
Section 5. Surface and maritime transportation security management and
interagency coordination review.
This section would require a GAO review of TSA's surface
transportation program management structure, including the
allocation of staff to different modes of transportation, and
how the programs are developed, managed, and implemented. As
part of the above review, GAO would be required to examine how
TSA can improve coordination between other Federal, State,
local, or industry stakeholders to reduce redundancy and
regulatory burden.
Section 6. Transparency.
This section would require TSA to regularly update a public
website on the status of long overdue surface transportation
rulemakings.
This section would further require the DHS IG to submit a
report to Congress identifying the status of various
rulemakings, describing potential actions to be taken, and
making recommendations on whether any requirements should be
amended or repealed.
Section 7. TSA counterterrorism asset deployment.
This section would require, except during times of urgent
need, the Administrator to provide a 2-week notification to any
affected stakeholder before terminating any TSA resource that
was provided for 6 months or more.
Section 8. Surface Transportation Security Advisory Committee.
This section would require the Administrator to establish a
surface transportation security advisory committee to advise,
consult with, and make recommendations to the Administrator on
surface transportation security matters, including policies and
rulemakings.
Section 9. Review of the explosives detection canine team program.
This section would require the DHS IG to conduct a review
of the National Explosives Detection Canine Team Program,
including the development of a deployment strategy, the
training program, and use of canine assets during an urgent
security need.
Section 10. Expansion of national explosives detection canine team
program.
This section would allow for the immediate expansion of 70
additional canine teams upon passage of the legislation (there
are currently 169 canine teams from this program dedicated to
surface modes of transportation). It would allow the Secretary
of Commerce (Secretary) to increase the number of teams after
considering the DHS IG's recommendations from the report in
section 9.
Section 11. Nuclear material and explosive detection technology.
This section would require the Administrator, 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 or explosive
detection systems to research and develop Next Generation
technologies to detect nuclear material and explosives in
transportation systems and transportation facilities.
Section 12. Study on security standards and best practices for
passenger transportation systems.
This section would require GAO to conduct a study of how
TSA identifies international security best practices and
disseminates that information to stakeholders.
Section 13. Amtrak security upgrades.
This section would allow Amtrak to use security grant
funding for additional purposes, such as to improve passenger
manifest systems to ensure that passengers can be identified.
Section 14. Passenger rail vetting.
This section would authorize the use of TSA passenger
vetting systems for rail passengers.
Section 15. Study on surface transportation inspectors.
This section would require GAO to review and submit a
report to Congress on the effectiveness of surface
transportation security inspectors, including hiring practices
and training standards. The report would examine the extent to
which TSA has used a risk-based, strategic approach to
determine the appropriate number of surface transportation
security inspectors and if the TSA's surface transportation
inspection policies are risk-based.
Section 16. Security awareness program.
This section would establish a program to promote surface
transportation security through the training of surface
transportation operators and frontline employees, including
commercial truck drivers.
Section 17. Authorization of appropriations.
This section would authorize $250 million in FY 2018, $275
million in FY 2019, $300 million in FY 2020, and $325 million
in FY 2021 for surface transportation security grant programs.
These authorizations would increase by an additional $250
million, $300 million, $350 million, and $400 million,
respectively, pending the Secretary's certification of the
surface transportation security grant programs and the
completion of any GAO recommendations.
Section 18. GAO study on grants.
This section would require a GAO study on the management
and efficacy of the surface transportation preparedness grants.
Section 19. Voluntary use of credentialing.
This section would authorize the voluntary use of
Transportation Worker Identification Credential (TWIC) for
individuals, who because of employment, are regulated by TSA,
the Department of Transportation, or the Coast Guard.
Section 20. Background records checks for issuance of hazmat licenses.
This section would allow States to use a valid TWIC as
proof of a completed security threat assessment, saving an
individual from having to pay a duplicative assessment fee when
screened for a hazardous materials endorsement.
Section 21. Cargo container scanning technology review.
This section would require a review of new technologies to
meet the 100 percent cargo-scanning mandate under the SAFE Port
Act\3\, as amended by the Implementing Recommendations of the
9/11 Commission Act of 2007.\4\ It also would authorize a cargo
screening pilot program to determine the efficacy of scanning
technologies.
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\3\P.L. 109-347, 120 Stat. 1884.
\4\P.L. 110-53, 121 Stat. 266.
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Section 22. Repeal of biennial reporting requirement for the Government
Accountability Office relating to the Transportation Security
Information sharing plan.
This section would repeal a GAO survey of stakeholders on
TSA intelligence products. Results of the study have been the
same for several years.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
TITLE 49. TRANSPORTATION
SUBTITLE III. GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51. TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 114. Transportation Security Administration
(a) * * *
(s) Transportation Security Strategic Planning.--
(1) In general.--The Secretary of Homeland Security
shall develop, prepare, implement, and update, as
needed--
(A) a National Strategy for Transportation
Security; and
(B) transportation modal security plans
addressing security risks, including threats,
vulnerabilities, and consequences, for
aviation, railroad, ferry, highway, maritime,
pipeline, public transportation, over-the-road
bus, and other transportation infrastructure
assets.
(2) Role of secretary of transportation.--The
Secretary of Homeland Security shall work jointly with
the Secretary of Transportation in developing,
revising, and updating the documents required by
paragraph (1).
(3) Contents of national strategy for transportation
security.--The National Strategy for Transportation
Security shall include the following:
(A) An identification and evaluation of the
transportation assets in the United States
that, in the interests of national security and
commerce, must be protected from attack or
disruption by terrorist or other hostile
forces, including modal security plans for
aviation, bridge and tunnel, commuter rail and
ferry, highway, maritime, pipeline, rail, mass
transit, over-the-road bus, and other public
transportation infrastructure assets that could
be at risk of such an attack or disruption.
(B) The development of risk-based priorities,
based on risk assessments conducted or received
by the Secretary of Homeland Security
(including assessments conducted under the
Implementing Recommendations of the 9/11
Commission Act of [2007] 2007) across all
transportation modes and realistic deadlines
for addressing security needs associated with
those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and
cost-effective means of defending those assets
against threats to their security.
(D) A forward-looking strategic plan that
sets forth the agreed upon roles and missions
of Federal, State, regional, local, and tribal
authorities and establishes mechanisms for
encouraging cooperation and participation by
private sector entities, including nonprofit
employee labor organizations, in the
implementation of such plan.
(E) A comprehensive delineation of
prevention, response, and recovery
responsibilities and issues regarding
threatened and executed acts of terrorism
within the United States and threatened and
executed acts of terrorism outside the United
States to the extent such acts affect United
States transportation systems.
(F) A prioritization of research and
development objectives that support
transportation security needs, giving a higher
priority to research and development directed
toward protecting vital transportation assets.
Transportation security research and
development projects shall be based, to the
extent practicable, on such prioritization.
Nothing in the preceding sentence shall be
construed to require the termination of any
research or development project initiated by
the Secretary of Homeland Security or the
Secretary of Transportation before the date of
enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007.
(G) A 3- and 10-year budget for Federal
transportation security programs that will
achieve the priorities of the National Strategy
for Transportation Security.
(H) Methods for linking the individual
transportation modal security plans and the
programs contained therein, and a plan for
addressing the security needs of intermodal
transportation.
(I) Transportation modal security plans
described in paragraph (1)(B), including
operational recovery plans to expedite, to the
maximum extent practicable, the return to
operation of an adversely affected
transportation system following a major
terrorist attack on that system or other
incident. These plans shall be coordinated with
the resumption of trade protocols required
under section 202 of the SAFE Port Act (6
U.S.C. 942) and the National Maritime
Transportation Security Plan required under
section 70103(a) of title 46.
(4) Submissions of plans to congress.--
(A) Initial strategy.--The Secretary of
Homeland Security shall submit the National
Strategy for Transportation Security, including
the transportation modal security plans,
developed under this subsection to the
appropriate congressional committees not later
than April 1, 2005.
(B) Subsequent versions.--After December 31,
2005, the Secretary of Homeland Security shall
submit the National Strategy for Transportation
Security, including the transportation modal
security plans and any revisions to the
National Strategy for Transportation Security
and the transportation modal security plans, to
appropriate congressional committees not less
frequently than April 1 of each even-numbered
year.
(C) Periodic progress report.--
(i) Requirement for report.--Each
year, in conjunction with the
submission of the budget to Congress
under section 1105(a) of title 31,
United States Code, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees an
assessment of the progress made on
implementing the National Strategy for
Transportation Security, including the
transportation modal security plans.
(ii) Content.--Each progress report
submitted under this subparagraph shall
include, at a minimum, the following:
(I) Recommendations for
improving and implementing the
National Strategy for
Transportation Security and the
transportation modal and
intermodal security plans that
the Secretary of Homeland
Security, in consultation with
the Secretary of
Transportation, considers
appropriate.
(II) An accounting of all
grants for transportation
security, including grants and
contracts for research and
development, awarded by the
Secretary of Homeland Security
in the most recent fiscal year
and a description of how such
grants accomplished the goals
of the National Strategy for
Transportation Security.
(III) An accounting of all--
(aa) funds requested
in the President's
budget submitted
pursuant to section
1105 of title 31 for
the most recent fiscal
year for transportation
security, by mode;
(bb) personnel
working on
transportation security
by mode, including the
number of contractors;
and
(cc) information on
the turnover in the
previous year among
senior staff of the
Department of Homeland
Security, including
component agencies,
working on
transportation security
issues. Such
information shall
include the number of
employees who have
permanently left the
office, agency, or area
in which they worked,
and the amount of time
that they worked for
the Department.
(iii) Written explanation of
transportation security activities not
delineated in the National Strategy for
Transportation Security. At the end of
each fiscal year, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees a
written explanation of any Federal
transportation security activity that
is inconsistent with the National
Strategy for Transportation Security,
including the amount of funds to be
expended for the activity and the
number of personnel involved.
(D) Classified material.--Any part of the
National Strategy for Transportation Security
or the transportation modal security plans that
involve information that is properly classified
under criteria established by Executive order
shall be submitted to the appropriate
congressional committees separately in a
classified format.
(E) Appropriate congressional committees
defined.--In this subsection, the term
``appropriate congressional committees'' means
the Committee on Transportation and
Infrastructure and the Committee on Homeland
Security of the House of Representatives and
the Committee on Commerce, Science, and
Transportation, the Committee on Homeland
Security and Governmental Affairs, and the
Committee on Banking, Housing, and Urban
Affairs of the Senate.
(5) Priority status.--
(A) In general.--The National Strategy for
Transportation Security shall be the governing
document for Federal transportation security
efforts.
(B) Other plans and reports.--The National
Strategy for Transportation Security shall
include, as an integral part or as an
appendix--
(i) the current National Maritime
Transportation Security Plan under
section 70103 of title 46;
(ii) the report required by section
44938 of this title;
(iii) transportation modal security
plans required under this section;
(iv) the transportation sector
specific plan required under Homeland
Security Presidential Directive-7; and
(v) any other transportation security
plan or report that the Secretary of
Homeland Security determines
appropriate for inclusion.
(6) Coordination.--In carrying out the
responsibilities under this section, the Secretary of
Homeland Security, in coordination with the Secretary
of Transportation, shall consult, as appropriate, with
Federal, State, and local agencies, tribal governments,
private sector entities (including nonprofit employee
labor organizations), institutions of higher learning,
and other entities.
(7) Plan distribution.--The Secretary of Homeland
Security shall make available and appropriately
publicize an unclassified version of the National
Strategy for Transportation Security, including its
component transportation modal security plans, to
Federal, State, regional, local and tribal authorities,
transportation system owners or operators, private
sector stakeholders, including nonprofit employee labor
organizations representing transportation employees,
institutions of higher learning, and other appropriate
entities.
[(u)](t) Transportation Security Information Sharing Plan.--
(1) Definitions.--In this subsection:
(A) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' has the meaning given that term in
subsection (s)(4)(E).
(B) Plan.--The term ``Plan'' means the
Transportation Security Information Sharing
Plan established under paragraph (2).
(C) Public and private stakeholders.--The
term ``public and private stakeholders'' means
Federal, State, and local agencies, tribal
governments, and appropriate private entities,
including nonprofit employee labor
organizations representing transportation
employees.
(D) Secretary.--The term ``Secretary'' means
the Secretary of Homeland Security.
(E) Transportation security information.--The
term ``transportation security information''
means information relating to the risks to
transportation modes, including aviation,
public transportation, railroad, ferry,
highway, maritime, pipeline, and over-the-road
bus transportation, and may include specific
and general intelligence products, as
appropriate.
(2) Establishment of Plan.--The Secretary of Homeland
Security, in consultation with the program manager of
the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), the Secretary of
Transportation, and public and private stakeholders,
shall establish a Transportation Security Information
Sharing Plan. In establishing the Plan, the Secretary
shall gather input on the development of the Plan from
private and public stakeholders and the program manager
of the information sharing environment established
under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485).
(3) Purpose of Plan.--The Plan shall promote sharing
of transportation security information between the
Department of Homeland Security and public and private
stakeholders.
(4) Content of Plan.--The Plan shall include--
(A) a description of how intelligence
analysts within the Department of Homeland
Security will coordinate their activities
within the Department and with other Federal,
State, and local agencies, and tribal
governments, including coordination with
existing modal information sharing centers and
the center described in section 1410 of the
Implementing Recommendations of the 9/11
Commission Act of 2007;
(B) the establishment of a point of contact,
which may be a single point of contact within
the Department of Homeland Security, for each
mode of transportation for the sharing of
transportation security information with public
and private stakeholders, including an
explanation and justification to the
appropriate congressional committees if the
point of contact established pursuant to this
subparagraph differs from the agency within the
Department that has the primary authority, or
has been delegated such authority by the
Secretary, to regulate the security of that
transportation mode;
(C) a reasonable deadline by which the Plan
will be implemented; and
(D) a description of resource needs for
fulfilling the Plan.
(5) Coordination with information sharing.--The Plan
shall be--
(A) implemented in coordination, as
appropriate, with the program manager for the
information sharing environment established
under section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C.
485); and
(B) consistent with the establishment of the
information sharing environment and any
policies, guidelines, procedures, instructions,
or standards established by the President or
the program manager for the implementation and
management of the information sharing
environment.
(6) Reports to Congress.--
(A) In general.--Not later than 150 days
after the date of enactment of this subsection,
and annually thereafter, the Secretary shall
submit to the appropriate congressional
committees, a report containing the Plan.
(B) Annual report.--Not later than 1 year
after the date of enactment of this subsection,
the Secretary shall submit to the appropriate
congressional committees a report on updates to
and the implementation of the Plan.
(7) Security clearances.--The Secretary shall, to the
greatest extent practicable, take steps to expedite the
security clearances needed for designated public and
private stakeholders to receive and obtain access to
classified information distributed under this section,
as appropriate.
(8) Classification of material.--The Secretary, to
the greatest extent practicable, shall provide
designated public and private stakeholders with
transportation security information in an unclassified
format.
[(v)](u) Enforcement of regulations and orders of the
Secretary of Homeland Security.--
(1) Application of subsection.--
(A) In general.--This subsection applies to
the enforcement of regulations prescribed, and
orders issued, by the Secretary of Homeland
Security under a provision of chapter 701 of
title 46 and under a provision of this title
other than a provision of chapter 449 (in this
subsection referred to as an ``applicable
provision of this title'').
(B) Violations of chapter 449.--The penalties
for violations of regulations prescribed and
orders issued by the Secretary of Homeland
Security under chapter 449 of this title are
provided under chapter 463 of this title.
(C) Nonapplication to certain violations.--
(i) Paragraphs (2) through (5) do not
apply to violations of regulations
prescribed, and orders issued, by the
Secretary of Homeland Security under a
provision of this title--
(I) involving the
transportation of personnel or
shipments of materials by
contractors where the
Department of Defense has
assumed control and
responsibility;
(II) by a member of the armed
forces of the United States
when performing official
duties; or
(III) by a civilian employee
of the Department of Defense
when performing official
duties.
(ii) Violations described in
subclause (I), (II), or (III) of clause
(i) shall be subject to penalties as
determined by the Secretary of Defense
or the Secretary's designee.
(2) Civil penalty.--
(A) In general.--A person is liable to the
United States Government for a civil penalty of
not more than $10,000 for a violation of a
regulation prescribed, or order issued, by the
Secretary of Homeland Security under an
applicable provision of this title.
(B) Repeat violations.--A separate violation
occurs under this paragraph for each day the
violation continues.
(3) Administrative imposition of civil penalties.--
(A) In general.--The Secretary of Homeland
Security may impose a civil penalty for a
violation of a regulation prescribed, or order
issued, under an applicable provision of this
title. The Secretary shall give written notice
of the finding of a violation and the penalty.
(B) Scope of civil action.--In a civil action
to collect a civil penalty imposed by the
Secretary under this subsection, a court may
not re-examine issues of liability or the
amount of the penalty.
(C) Jurisdiction.--The district courts of the
United States shall have exclusive jurisdiction
of civil actions to collect a civil penalty
imposed by the Secretary under this subsection
if--
(i) the amount in controversy is more
than--
(I) $400,000, if the
violation was committed by a
person other than an individual
or small business concern; or
(II) $50,000 if the violation
was committed by an individual
or small business concern;
(ii) the action is in rem or another
action in rem based on the same
violation has been brought; or
(iii) another action has been brought
for an injunction based on the same
violation.
(D) Maximum penalty.--The maximum civil
penalty the Secretary administratively may
impose under this paragraph is--
(i) $400,000, if the violation was
committed by a person other than an
individual or small business concern;
or
(ii) $50,000, if the violation was
committed by an individual or small
business concern.
(E) Notice and opportunity to request
hearing.--Before imposing a penalty under this
section the Secretary shall provide to the
person against whom the penalty is to be
imposed--
(i) written notice of the proposed
penalty; and
(ii) the opportunity to request a
hearing on the proposed penalty, if the
Secretary receives the request not
later than 30 days after the date on
which the person receives notice.
(4) Compromise and setoff.--
(A) The Secretary may compromise the amount
of a civil penalty imposed under this
subsection.
(B) The Government may deduct the amount of a
civil penalty imposed or compromised under this
subsection from amounts it owes the person
liable for the penalty.
(5) Investigations and proceedings.--Chapter 461
shall apply to investigations and proceedings brought
under this subsection to the same extent that it
applies to investigations and proceedings brought with
respect to aviation security duties designated to be
carried out by the Secretary.
(6) Definitions.--In this subsection:
(A) Person.--The term ``person'' does not
include--
(i) the United States Postal Service;
or
(ii) the Department of Defense.
(B) Small business concern.--The term ``small
business concern'' has the meaning given that
term in section 3 of the Small Business Act (15
U.S.C. 632).
(7) Enforcement transparency..--
(A) In general.--Not later than December 31,
2008, and annually thereafter, the Secretary
shall--
(i) provide an annual summary to the
public of all enforcement actions taken
by the Secretary under this subsection;
and
(ii) include in each such summary the
docket number of each enforcement
action, the type of alleged violation,
the penalty or penalties proposed, and
the final assessment amount of each
penalty.
(B) Electronic availability.--Each summary
under this paragraph shall be made available to
the public by electronic means.
(C) Relationship to the Freedom of
Information Act and the Privacy Act..--Nothing
in this subsection shall be construed to
require disclosure of information or records
that are exempt from disclosure under sections
552 or 552a of title 5.
(D) Enforcement guidance.--Not later than 180
days after the enactment of the Implementing
Recommendations of the 9/11 Commission Act of
2007, the Secretary shall provide a report to
the public describing the enforcement process
established under this subsection.
[(w)](v) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security for--
(1) railroad security--
(A) $488,000,000 for fiscal year 2008;
(B) $483,000,000 for fiscal year 2009;
(C) $508,000,000 for fiscal year 2010; and
(D) $508,000,000 for fiscal year 2011;
(2) over-the-road bus and trucking security--
(A) $14,000,000 for fiscal year 2008;
(B) $27,000,000 for fiscal year 2009;
(C) $27,000,000 for fiscal year 2010; and
(D) $27,000,000 for fiscal year 2011; and
(3) hazardous material and pipeline security--
(A) $12,000,000 for fiscal year 2008;
(B) $12,000,000 for fiscal year 2009; and
(C) $12,000,000 for fiscal year 2010.
Sec. 5103a. Limitation on issuance of hazmat licenses
(a) Limitation.--
(1) Issuance of licenses.--A State may not issue to
any individual a license to operate a motor vehicle
transporting in commerce a hazardous material unless
the Secretary of Homeland Security has first
determined, upon receipt of a notification under
subsection (d)(1)(B), that the individual does not pose
a security risk warranting denial of the license.
(2) Renewals included.--For the purposes of this
section, the term ``issue'', with respect to a license,
includes renewal of the license.
(b) Hazardous Materials Described.--The limitation in
subsection (a) shall apply with respect to any material defined
as hazardous material by the Secretary of Transportation for
which the Secretary of Transportation requires placarding of a
commercial motor vehicle transporting that material in
commerce.
(c) Recommendations on Chemical and Biological Materials.--
The Secretary of Health and Human Services shall recommend to
the Secretary of Transportation any chemical or biological
material or agent for regulation as a hazardous material under
section 5103(a) if the Secretary of Health and Human Services
determines that such material or agent poses a significant risk
to the health of individuals.
(d) Background Records Check.--
(1) In general.--Upon the request of a State
regarding issuance of a license described in subsection
(a)(1) to an individual, the Attorney General--
(A) shall carry out a background records
check regarding the individual; and
(B) upon completing the background records
check, shall notify the Secretary of Homeland
Security of the completion and results of the
background records check.
(2) Scope.--A background records check regarding an
individual under this subsection shall consist of the
following:
(A) A check of the relevant criminal history
data bases.
(B) In the case of an alien, a check of the
relevant data bases to determine the status of
the alien under the immigration laws of the
United States.
(C) As appropriate, a check of the relevant
international data bases through Interpol-U.S.
National Central Bureau or other appropriate
means.
(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.
(e) * * *
HOMELAND SECURITY ACT OF 2002
[6 U.S.C. 101 et seq.]
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.
IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007
[Public Law 110-53; 121 Stat. 266]
SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.
(a) * * *
(b) Congressional Oversight of Security Assurance for Public
and Private Stakeholders.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall provide a semiannual report to the
Committee on Homeland Security and Governmental
Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives that
includes--
(A) the number of public and private
stakeholders who were provided with each
report;
(B) a description of the measures the
Secretary has taken[, under section 114(u)(7)
of title 49, United States Code, as added by
this section, or otherwise,] to ensure proper
treatment and security for any classified
information to be shared with the public and
private stakeholders under the Plan; and
(C) an explanation of the reason for the
denial of transportation security information
to any stakeholder who had previously received
such information.
(2) No report required if no changes in
stakeholders.--The Secretary is not required to provide
a semiannual report under paragraph (1) if no
stakeholders have been added to or removed from the
group of persons with whom transportation security
information is shared under the plan since the end of
the period covered by the last preceding semiannual
report.
(c) * * *
SEC. 1513. RAILROAD SECURITY ASSISTANCE.
[6 U.S.C. 1163]
(a) Security Improvement Grants.--
(1) The Secretary, in consultation with the
Administrator of the Transportation Security
Administration and other appropriate agencies or
officials, is authorized to make grants to railroad
carriers, the Alaska Railroad, security-sensitive
materials offerors who ship by railroad, owners of
railroad cars used in the transportation of security-
sensitive materials, State and local governments (for
railroad passenger facilities and infrastructure not
owned by Amtrak), and Amtrak for intercity passenger
railroad and freight railroad security improvements
described in subsection (b) as approved by the
Secretary.
(2) A railroad carrier is eligible for a grant under
this section if the carrier has completed a
vulnerability assessment and developed a security plan
that the Secretary has approved in accordance with
section 1512.
(3) A recipient of a grant under this section may use
grant funds only for permissible uses under subsection
(b) to further a railroad security plan that meets the
requirements of paragraph (2).
(4) Notwithstanding the requirement for eligibility
and uses of funds in paragraphs (2) and (3), a railroad
carrier is eligible for a grant under this section if
the applicant uses the funds solely for the development
of assessments or security plans under section 1512.
(5) Notwithstanding the requirements for eligibility
and uses of funds in paragraphs (2) and (3), prior to
the earlier of 1 year after the date of issuance of
final regulations requiring vulnerability assessments
and security plans under section 1512 or 3 years after
the date of enactment of this Act, the Secretary may
award grants under this section for rail security
improvements listed under subsection (b) based upon
railroad carrier vulnerability assessments and security
plans that the Secretary determines are sufficient for
the purposes of this section but have not been approved
by the Secretary in accordance with section 1512.
(b) Uses of Funds.--A recipient of a grant under this section
shall use the grant funds for one or more of the following:
(1) Security and redundancy for critical
communications, computer, and train control systems
essential for secure railroad operations[.], including
communications interoperability where appropriate with
relevant outside agencies and entities.
(2) Accommodation of railroad cargo or passenger
security inspection facilities, related infrastructure,
and operations at or near United States international
borders or other ports of entry.
(3) The security of security-sensitive materials
transportation by railroad.
(4) Chemical, biological, radiological, or explosive
detection, including canine patrols for such detection.
(5) The [security of] security and preparedness of
intercity passenger railroad stations, trains, and
infrastructure, including security capital improvement
projects that the Secretary determines enhance railroad
station security.
(6) Technologies to reduce the vulnerabilities of
railroad cars, including structural modification of
railroad cars transporting security-sensitive materials
to improve their resistance to acts of terrorism.
(7) The sharing of intelligence and information about
[security threats] security threats and preparedness,
including connectivity to the National Terrorist
Screening Center.
(8) To obtain train tracking and communications
equipment, including equipment that is interoperable
with Federal, State, and local agencies and tribal
governments.
(9) To hire, train, and employ police [and security
officers], security, and preparedness officers,
including canine units, assigned to full-time security
or counterterrorism duties related to railroad
transportation.
(10) Overtime reimbursement, including reimbursement
of State, local, and tribal governments for costs, for
enhanced security personnel assigned to duties related
to railroad security during periods of high or severe
threat levels and National Special Security Events or
other periods of heightened security as determined by
the Secretary.
(11) Perimeter protection systems, including access
control, installation of improved lighting, fencing,
and barricades at railroad facilities.
(12) Tunnel protection systems.
(13) Passenger evacuation and evacuation-related
capital improvements.
(14) Railroad security inspection technologies,
including verified visual inspection technologies using
hand-held readers.
(15) Surveillance equipment.
(16) Cargo or passenger screening equipment.
(17) Emergency response equipment, including fire
suppression and decontamination equipment, personal
protective equipment, and defibrillators.
(18) Operating and capital costs associated with
security awareness, preparedness, and response
training, including training under section 1517, and
training developed by universities, institutions of
higher education, and nonprofit employee labor
organizations, for railroad employees, including
frontline employees.
(19) Live or simulated exercises, including exercises
described in section 1516.
(20) Public awareness campaigns for enhanced railroad
security.
(21) Development of assessments or security plans
under section 1512.
(22) Other security improvements--
(A) identified, required, or recommended
under sections 1511 and 1512, including
infrastructure, facilities, and equipment
upgrades; or
(B) that the Secretary considers appropriate.
(c) * * *
SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
[6 U.S.C. 1164]
(a) In General.--
(1) Grants.--Subject to subsection (b), the
Secretary, in consultation with the Administrator of
the Transportation Security Administration, is
authorized to make grants to Amtrak in accordance with
the provisions of this section.
(2) General purposes.--The Secretary may make such
grants for the purposes of--
(A) protecting underwater and underground
assets and systems;
(B) protecting high-risk and high-consequence
assets identified through systemwide risk
assessments;
(C) providing counterterrorism or security
training;
(D) providing both visible and unpredictable
deterrence; and
(E) conducting emergency preparedness drills
and exercises.
(3) Specific projects.--The Secretary shall make such
grants--
(A) to secure major tunnel access points and
ensure tunnel integrity in New York, New
Jersey, Maryland, and Washington, DC;
(B) to secure Amtrak trains;
(C) to secure Amtrak stations;
(D) to obtain a watchlist identification
system approved by the Secretary, or to connect
to the National Terrorism Screening Center
watchlist;
(E) to obtain train tracking and
interoperable communications systems that are
coordinated with Federal, State, and local
agencies and tribal governments to the maximum
extent possible;
(F) to hire, train, and employ police and
security officers, including canine units,
assigned to full-time security or
counterterrorism duties related to railroad
transportation;
(G) for operating and capital costs
associated with security awareness,
preparedness, and response training, including
training under section 1517, and training
developed by universities, institutions of
higher education, and nonprofit employee labor
organizations, for railroad employees,
including frontline employees[; and];
(H) for live or simulated exercises,
including exercises described in section
1516[.];
(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.
(b) * * *
[all]