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[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.
---------------------------------------------------------------------------
    \3\P.L. 109-347, 120 Stat. 1884.
    \4\P.L. 110-53, 121 Stat. 266.
---------------------------------------------------------------------------

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]
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