II 

115TH CONGRESS 

1ST SESSION S. 763 

To improve surface and maritime transportation security. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2017 

Mr. THUNE (for himself, Mr. NELSON, Mrs. FISCHER, and Mr. BOOKER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To improve surface and maritime transportation security. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Surface and Maritime Transportation Security Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Surface and maritime transportation security assessment and implementation of risk-based strategy. 

Sec. 4. Risk-based budgeting and resource allocation. 

Sec. 5. Surface and maritime transportation security management and interagency coordination review. 

Sec. 6. Transparency. 

Sec. 7. TSA counterterrorism asset deployment. 


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Sec. 8. Surface Transportation Security Advisory Committee. 

Sec. 9. Review of the explosives detection canine team program. 

Sec. 10. Expansion of national explosives detection canine team program. 

Sec. 11. Explosive detection technology. 

Sec. 12. Study on security standards and best practices for passenger transportation systems. 

Sec. 13. Amtrak security upgrades. 

Sec. 14. Passenger rail vetting. 

Sec. 15. Study on surface transportation inspectors. 

Sec. 16. Security awareness program. 

Sec. 17. Voluntary use of credentialing. 

Sec. 18. Background records checks for issuance of hazmat licenses. 

Sec. 19. Cargo container scanning technology review. 

Sec. 20. Repeal of biennial reporting requirement for the Government Accountability Office relating to the Transportation Security Information sharing plan. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Transpor5 tation Security Administration. 

6 (2) APPROPRIATE COMMITTEES OF CON7 GRESS.—The term ‘‘appropriate committees of Con8 gress’’ means— 

9 (A) the Committee on Commerce, Science, 

10 and Transportation of the Senate; 

11 (B) the Committee on Homeland Security 

12 of the House of Representatives; and 

13 (C) the Committee on Transportation and 

14 Infrastructure of the House of Representatives. 

15 (3) DEPARTMENT.—The term ‘‘Department’’ 

16 means the Department of Homeland Security. 

17 (4) EXPLOSIVES DETECTION CANINE TEAM.— 

18 The term ‘‘explosives detection canine team’’ means 


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1 a canine and a canine handler that are trained to 

2 detect explosives and other threats as defined by the 

3 Secretary. 

4 (5) RISK.—The term ‘‘risk’’ means the possi5 bility that a threat will take advantage of a vulner6 ability to cause harm. 

7 (6) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Homeland Security. 

9 (7) THREAT.—The term ‘‘threat’’ means an ad10 versary that has the intent and capability to cause 

11 harm. 

12 (8) VULNERABILITY.—The term ‘‘vulnerability’’ 

13 means a weakness in a system or facility that a 

14 threat can exploit to cause harm. 

15 SEC. 3. SURFACE AND MARITIME TRANSPORTATION SECU16 RITY ASSESSMENT AND IMPLEMENTATION 

17 OF RISK-BASED STRATEGY. 

18 (a) SECURITY ASSESSMENT.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Administrator 

21 shall complete an assessment of— 

22 (A) the vulnerabilities of and risks to sur23 face transportation systems; and 


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1 (B) in coordination with the Commandant 

2 of the Coast Guard, the vulnerabilities of and 

3 risks to maritime transportation systems. 

4 (2) CONSIDERATIONS.—In conducting the secu5 rity assessment under paragraph (1), the Adminis6 trator shall, at a minimum— 

7 (A) consider appropriate intelligence; 

8 (B) consider security breaches and attacks 

9 at domestic and international transportation fa10 cilities; 

11 (C) consider the vulnerabilities and risks 

12 associated with specific modes of surface trans13 portation; 

14 (D) evaluate the vetting and security train15 ing of— 

16 (i) employees in surface transpor17 tation; 

18 (ii) employees in maritime transpor19 tation; and 

20 (iii) other individuals with access to 

21 sensitive or secure areas of transportation 

22 networks; and 

23 (E) consider input from— 

24 (i) representatives of different modes 

25 of surface transportation; 


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1 (ii) subject to paragraph (3)— 

2 (I) representatives of maritime 

3 transportation; 

4 (II) critical infrastructure enti5 ties; and 

6 (III) the Transportation Systems 

7 Sector Coordinating Council; 

8 (iii) the Commandant of the Coast 

9 Guard; and 

10 (iv) the heads of other relevant Fed11 eral departments or agencies. 

12 (3) MARITIME FACILITIES.—The Commandant 

13 of the Coast Guard shall coordinate with the Admin14 istrator to provide input and other information re15 garding the vulnerabilities of and risks to maritime 

16 facilities. 

17 (b) RISK-BASED SECURITY STRATEGY.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date the security assessment under sub20 section (a) is complete, the Administrator shall use 

21 the results of the assessment— 

22 (A) to develop and implement a cross-cut23 ting, risk-based security strategy that in24 cludes— 

25 (i) all surface transportation modes; 


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1 (ii) to the extent the Transportation 

2 Security Administration provides support 

3 in maritime transportation security efforts, 

4 maritime transportation; 

5 (iii) a mitigating strategy that aligns 

6 with each vulnerability and risk identified 

7 in subsection (a); 

8 (iv) a planning process to inform re9 source allocation; 

10 (v) priorities, milestones, and per11 formance metrics to measure the effective12 ness of the risk-based security strategy; 

13 and 

14 (vi) processes for sharing relevant and 

15 timely intelligence threat information with 

16 appropriate stakeholders; 

17 (B) to develop a management oversight 

18 strategy that— 

19 (i) identifies the parties responsible 

20 for the implementation, management, and 

21 oversight of the risk-based security strat22 egy; and 

23 (ii) includes a plan for implementing 

24 the risk-based security strategy; and 


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1 (C) to modify the risk-based budget and 

2 resource allocations, in accordance with section 

3 4(c), for the Transportation Security Adminis4 tration. 

5 (2) COORDINATED APPROACH.—In developing 

6 and implementing the risk-based security strategy 

7 under paragraph (1), the Administrator shall— 

8 (A) coordinate with the heads of other rel9 evant Federal departments or agencies, and 

10 stakeholders, as appropriate— 

11 (i) to evaluate existing surface trans12 portation security programs, policies, and 

13 initiatives, including the explosives detec14 tion canine teams, for consistency with the 

15 risk-based security strategy and, to the ex16 tent practicable, avoid any unnecessary du17 plication of effort; 

18 (ii) to determine the extent to which 

19 stakeholder security programs, policies, 

20 and initiatives address the vulnerabilities 

21 and risks to surface transportation systems 

22 identified in subsection (a); and 

23 (iii) subject to clause (ii), to mitigate 

24 each vulnerability and risk to surface 


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1 transportation systems identified in sub2 section (a); and 

3 (B) coordinate with the Commandant of 

4 the Coast Guard— 

5 (i) to evaluate existing maritime 

6 transportation security programs, policies, 

7 and initiatives for consistency with the 

8 risk-based security strategy and, to the ex9 tent practicable, avoid any unnecessary du10 plication of effort; 

11 (ii) to ensure there are no security 

12 gaps between jurisdictional authorities that 

13 a threat can exploit to cause harm; 

14 (iii) to determine the extent to which 

15 stakeholder security programs, policies, 

16 and initiatives address the vulnerabilities 

17 and risks to maritime transportation sys18 tems identified in subsection (a); and 

19 (iv) subject to clauses (ii) and (iii), to 

20 mitigate each vulnerability and risk to 

21 maritime transportation systems identified 

22 in subsection (a). 

23 (c) REPORT.— 

24 (1) IN GENERAL.—Not later than 180 days 

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1 section (a) is complete, the Administrator shall sub2 mit to the appropriate committees of Congress and 

3 the Inspector General of the Department a report 

4 that— 

5 (A) describes the process used to complete 

6 the security assessment; 

7 (B) describes the process used to develop 

8 the risk-based security strategy; 

9 (C) describes the risk-based security strat10 egy; 

11 (D) includes the management oversight 

12 strategy; 

13 (E) includes— 

14 (i) the findings of the security assess15 ment; 

16 (ii) a description of the actions rec17 ommended or taken by the Administrator, 

18 the Commandant of the Coast Guard, or 

19 the head of another Federal department or 

20 agency to mitigate the vulnerabilities and 

21 risks identified in subsection (a); 

22 (iii) any recommendations for improv23 ing the coordinated approach to mitigating 

24 vulnerabilities and risks to surface and 

25 maritime transportation systems; and 


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1 (iv) any recommended changes to the 

2 National Infrastructure Protection Plan, 

3 the modal annexes to such plan, or rel4 evant surface or maritime transportation 

5 security programs, policies, or initiatives; 

6 and 

7 (F) may contain a classified annex. 

8 (2) PROTECTIONS.—In preparing the report, 

9 the Administrator shall take appropriate actions to 

10 safeguard information described by section 552(b) of 

11 title 5, United States Code, or protected from disclo12 sure by any other law of the United States. 

13 (d) UPDATES.—Not less frequently than semiannu14 ally, the Administrator shall report to or brief the appro15 priate committees of Congress on the vulnerabilities of and 

16 risks to surface and maritime transportation systems and 

17 how those vulnerabilities and risks affect the risk-based 

18 security strategy. 

19 SEC. 4. RISK-BASED BUDGETING AND RESOURCE ALLOCA20 TION. 

21 (a) REPORT.—In conjunction with the submission of 

22 the Department’s annual budget request to the Office of 

23 Management and Budget, the Administrator shall submit 

24 to the appropriate committees of Congress a report that 

25 describes a risk-based budget and resource allocation plan 


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1 for surface transportation sectors, within and across 

2 modes, that— 

3 (1) reflects the risk-based security strategy 

4 under section 3(b); and 

5 (2) is organized by appropriations account, pro6 gram, project, and initiative. 

7 (b) BUDGET TRANSPARENCY.—In submitting the an8 nual budget of the United States Government under sec9 tion 1105 of title 31, United States Code, the President 

10 shall clearly distinguish the resources requested for sur11 face and maritime transportation security from the re12 sources requested for aviation security. 

13 (c) RESOURCE REALLOCATION.— 

14 (1) IN GENERAL.—Not later than 15 days after 

15 the date on which the Transportation Security Ad16 ministration allocates any resources or personnel, in17 cluding personnel sharing, detailing, or assignment, 

18 or the use of facilities, technology systems, or vet19 ting resources, for a nontransportation security pur20 pose or National Special Security Event (as defined 

21 in section 2001 of Homeland Security Act of 2002 

22 (6 U.S.C. 601)), the Secretary shall provide the no23 tification described in paragraph (2) to the appro24 priate committees of Congress. 


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1 (2) NOTIFICATION.—A notification described in 

2 this paragraph shall include— 

3 (A) the reason for and a justification of 

4 the resource or personnel allocation; 

5 (B) the expected end date of the resource 

6 or personnel allocation; and 

7 (C) the projected cost to the Transpor8 tation Security Administration of the personnel 

9 or resource allocation. 

10 SEC. 5. SURFACE AND MARITIME TRANSPORTATION SECU11 RITY MANAGEMENT AND INTERAGENCY CO12 ORDINATION REVIEW. 

13 (a) REVIEW.—Not later than 1 year after the date 

14 of enactment of this Act, the Comptroller General of the 

15 United States shall— 

16 (1) review the staffing, budget, resource, and 

17 personnel allocation, and management oversight 

18 strategy of the Transportation Security Administra19 tion’s surface and maritime transportation security 

20 programs; 

21 (2) review the coordination between relevant en22 tities of leadership, planning, policy, inspections, and 

23 implementation of security programs relating to sur24 face and maritime transportation to reduce redun25 dancy and regulatory burden; and 


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1 (3) submit to the appropriate committees of 

2 Congress a report on the findings of the reviews 

3 under paragraphs (1) and (2), including any rec4 ommendations for improving coordination between 

5 relevant entities and reducing redundancy and regu6 latory burden. 

7 (b) DEFINITION OF RELEVANT ENTITIES.—In this 

8 section, the term ‘‘relevant entities’’ means— 

9 (1) the Transportation Security Administration; 

10 (2) the Coast Guard; 

11 (3) other Federal, State, or local departments 

12 or agencies with jurisdiction over a mode of surface 

13 or maritime transportation; 

14 (4) critical infrastructure entities; 

15 (5) the Transportation Systems Sector Coordi16 nating Council; and 

17 (6) relevant stakeholders. 

18 SEC. 6. TRANSPARENCY. 

19 (a) REGULATIONS.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, and every 

22 180 days thereafter, the Administrator shall publish 

23 on a public website information regarding the status 

24 of each regulation relating to surface transportation 

25 security that is directed by law to be issued and that 


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1 has not been issued if not less than 2 years have 

2 passed since the date of enactment of the law. 

3 (2) CONTENTS.—The information published 

4 under paragraph (1) shall include— 

5 (A) an updated rulemaking schedule for 

6 the outstanding regulation; 

7 (B) current staff allocations; 

8 (C) data collection or research relating to 

9 the development of the rulemaking; 

10 (D) current efforts, if any, with security 

11 experts, advisory committees, and other stake12 holders; and 

13 (E) other relevant details associated with 

14 the development of the rulemaking that impact 

15 the progress of the rulemaking. 

16 (b) INSPECTOR GENERAL REVIEW.—Not later than 

17 180 days after the date of enactment of this Act, and 

18 every 2 years thereafter until all of the requirements under 

19 titles XIII, XIV, and XV of the Implementing Rec20 ommendations of the 9/11 Commission Act of 2007 (6 

21 U.S.C. 1111 et seq.) and under this Act have been fully 

22 implemented, the Inspector General of the Department 

23 shall submit to the appropriate committees of Congress 

24 a report that— 


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1 (1) identifies the requirements under such titles 

2 of that Act and under this Act that have not been 

3 fully implemented; 

4 (2) describes what, if any, additional action is 

5 necessary; and 

6 (3) includes recommendations regarding wheth7 er any of the requirements under such titles of that 

8 Act or this Act should be amended or repealed. 

9 SEC. 7. TSA COUNTERTERRORISM ASSET DEPLOYMENT. 

10 (a) IN GENERAL.—If the Transportation Security 

11 Administration deploys any counterterrorism personnel or 

12 resource, such as explosive detection sweeps, random bag 

13 inspections, or patrols by Visible Intermodal Prevention 

14 and Response teams, to enhance security at a surface 

15 transportation system or surface transportation facility for 

16 a period of not less than 180 consecutive days, the Admin17 istrator shall provide sufficient notification to the system 

18 or facility operator, as applicable, not less than 14 days 

19 prior to terminating the deployment. 

20 (b) EXCEPTION.—This section shall not apply if the 

21 Administrator— 

22 (1) determines there is an urgent security need 

23 for the personnel or resource described in subsection 

24 (a); and 


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1 (2) notifies the appropriate committees of Con2 gress of the determination under paragraph (1). 

3 SEC. 8. SURFACE TRANSPORTATION SECURITY ADVISORY 

4 COMMITTEE. 

5 (a) IN GENERAL.—Subtitle A of title IV of the 

6 Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 

7 is amended by adding at the end the following: 

8 ‘‘SEC. 404. SURFACE TRANSPORTATION SECURITY ADVI9 SORY COMMITTEE. 

10 ‘‘(a) ESTABLISHMENT.—The Administrator of the 

11 Transportation Security Administration (referred to in 

12 this section as ‘Administrator’) shall establish within the 

13 Transportation Security Administration the Surface 

14 Transportation Security Advisory Committee (referred to 

15 in this section as the ‘Advisory Committee’). 

16 ‘‘(b) DUTIES.— 

17 ‘‘(1) IN GENERAL.—The Advisory Committee 

18 may advise, consult with, report to, and make rec19 ommendations to the Administrator on surface 

20 transportation security matters, including the devel21 opment, refinement, and implementation of policies, 

22 programs, initiatives, rulemakings, and security di23 rectives pertaining to surface transportation secu24 rity. 


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1 ‘‘(2) RISK-BASED SECURITY.—The Advisory 

2 Committee shall consider risk-based security ap3 proaches in the performance of its duties. 

4 ‘‘(c) MEMBERSHIP.— 

5 ‘‘(1) COMPOSITION.—The Advisory Committee 

6 shall be composed of— 

7 ‘‘(A) voting members appointed by the Ad8 ministrator under paragraph (2); and 

9 ‘‘(B) nonvoting members, serving in an ad10 visory capacity, who shall be designated by— 

11 ‘‘(i) the Transportation Security Ad12 ministration; 

13 ‘‘(ii) the Department of Transpor14 tation; 

15 ‘‘(iii) the Coast Guard; and 

16 ‘‘(iv) such other Federal department 

17 or agency as the Administrator considers 

18 appropriate. 

19 ‘‘(2) APPOINTMENT.—The Administrator shall 

20 appoint voting members from among stakeholders 

21 representing each mode of surface transportation, 

22 such as passenger rail, freight rail, mass transit, 

23 pipelines, highways, over-the-road bus, and trucking, 

24 including representatives from— 


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1 ‘‘(A) associations representing such modes 

2 of surface transportation; 

3 ‘‘(B) labor organizations representing such 

4 modes of surface transportation; 

5 ‘‘(C) groups representing the users of such 

6 modes of surface transportation, including asset 

7 manufacturers, as appropriate; 

8 ‘‘(D) relevant law enforcement, first re9 sponders, and security experts; and 

10 ‘‘(E) such other groups as the Adminis11 trator considers appropriate. 

12 ‘‘(3) CHAIRPERSON.—The Advisory Committee 

13 shall select a chairperson from among its voting 

14 members. 

15 ‘‘(4) TERM OF OFFICE.— 

16 ‘‘(A) TERMS.— 

17 ‘‘(i) IN GENERAL.—The term of each 

18 voting member of the Advisory Committee 

19 shall be 2 years, but a voting member may 

20 continue to serve until the Administrator 

21 appoints a successor. 

22 ‘‘(ii) REAPPOINTMENT.—A voting 

23 member of the Advisory Committee may be 

24 reappointed. 

25 ‘‘(B) REMOVAL.— 


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1 ‘‘(i) IN GENERAL.—The Administrator 

2 may review the participation of a member 

3 of the Advisory Committee and remove 

4 such member for cause at any time. 

5 ‘‘(ii) ACCESS TO INFORMATION.—The 

6 Administrator may remove any member of 

7 the Advisory Committee that the Adminis8 trator determines should be restricted from 

9 reviewing, discussing, or possessing classi10 fied information or sensitive security infor11 mation. 

12 ‘‘(5) PROHIBITION ON COMPENSATION.—The 

13 members of the Advisory Committee shall not re14 ceive any compensation from the Government by 

15 reason of their service on the Advisory Committee. 

16 ‘‘(6) MEETINGS.— 

17 ‘‘(A) IN GENERAL.—The Administrator 

18 shall require the Advisory Committee to meet at 

19 least semiannually in person or through web 

20 conferencing and may convene additional meet21 ings as necessary. 

22 ‘‘(B) PUBLIC MEETINGS.—At least one of 

23 the meetings of the Advisory Committee each 

24 year shall be— 


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1 ‘‘(i) announced in the Federal Reg2 ister; 

3 ‘‘(ii) announced on a public website; 

4 and 

5 ‘‘(iii) open to the public. 

6 ‘‘(C) ATTENDANCE.—The Advisory Com7 mittee shall maintain a record of the persons 

8 present at each meeting. 

9 ‘‘(D) MINUTES.— 

10 ‘‘(i) IN GENERAL.—Unless otherwise 

11 prohibited by other Federal law, minutes 

12 of the meetings shall be published on the 

13 public website under subsection (e)(5). 

14 ‘‘(ii) PROTECTION OF CLASSIFIED

15 AND SENSITIVE INFORMATION.—The Advi16 sory Committee may redact or summarize, 

17 as necessary, minutes of the meetings to 

18 protect classified or other sensitive infor19 mation in accordance with law. 

20 ‘‘(7) VOTING MEMBER ACCESS TO CLASSIFIED

21 AND SENSITIVE SECURITY INFORMATION.— 

22 ‘‘(A) DETERMINATIONS.—Not later than 

23 60 days after the date on which a voting mem24 ber is appointed to the Advisory Committee and 

25 before that voting member may be granted any 


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1 access to classified information or sensitive se2 curity information, the Administrator shall de3 termine if the voting member should be re4 stricted from reviewing, discussing, or pos5 sessing classified information or sensitive secu6 rity information. 

7 ‘‘(B) ACCESS.— 

8 ‘‘(i) SENSITIVE SECURITY INFORMA9 TION.—If a voting member is not re10 stricted from reviewing, discussing, or pos11 sessing sensitive security information 

12 under subparagraph (A) and voluntarily 

13 signs a nondisclosure agreement, the vot14 ing member may be granted access to sen15 sitive security information that is relevant 

16 to the voting member’s service on the Advi17 sory Committee. 

18 ‘‘(ii) CLASSIFIED INFORMATION.—Ac19 cess to classified materials shall be man20 aged in accordance with Executive Order 

21 13526 of December 29, 2009 (75 Fed. 

22 Reg. 707), or any subsequent cor23 responding Executive order. 

24 ‘‘(C) PROTECTIONS.— 


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1 ‘‘(i) SENSITIVE SECURITY INFORMA2 TION.—Voting members shall protect sen3 sitive security information in accordance 

4 with part 1520 of title 49, Code of Federal 

5 Regulations. 

6 ‘‘(ii) CLASSIFIED INFORMATION.— 

7 Voting members shall protect classified in8 formation in accordance with the applica9 ble requirements for the particular level of 

10 classification. 

11 ‘‘(8) JOINT COMMITTEE MEETINGS.—The Advi12 sory Committee may meet with one or more of the 

13 following advisory committees to discuss multimodal 

14 security issues and other security-related issues of 

15 common concern: 

16 ‘‘(A) Aviation Security Advisory Com17 mittee established under section 44946 of title 

18 49, United States Code. 

19 ‘‘(B) Maritime Security Advisory Com20 mittee established under section 70112 of title 

21 46, United States Code. 

22 ‘‘(C) Railroad Safety Advisory Committee 

23 established by the Federal Railroad Administra24 tion. 


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1 ‘‘(9) SUBJECT MATTER EXPERTS.—The Advi2 sory Committee may request the assistance of sub3 ject matter experts with expertise related to the ju4 risdiction of the Advisory Committee. 

5 ‘‘(d) REPORTS.— 

6 ‘‘(1) PERIODIC REPORTS.—The Advisory Com7 mittee shall periodically submit reports to the Ad8 ministrator on matters requested by the Adminis9 trator or by a majority of the members of the Advi10 sory Committee. 

11 ‘‘(2) ANNUAL REPORT.— 

12 ‘‘(A) SUBMISSION.—The Advisory Com13 mittee shall submit to the Administrator and 

14 the appropriate congressional committees an 

15 annual report that provides information on the 

16 activities, findings, and recommendations of the 

17 Advisory Committee during the preceding year. 

18 ‘‘(B) PUBLICATION.—Not later than 6 

19 months after the date that the Administrator 

20 receives an annual report under subparagraph 

21 (A), the Administrator shall publish a public 

22 version of the report, in accordance with section 

23 552a(b) of title 5, United States Code. 

24 ‘‘(e) ADMINISTRATION RESPONSE.— 


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1 ‘‘(1) CONSIDERATION.—The Administrator 

2 shall consider the information, advice, and rec3 ommendations of the Advisory Committee in formu4 lating policies, programs, initiatives, rulemakings, 

5 and security directives pertaining to surface trans6 portation security and to the support of maritime 

7 transportation security efforts. 

8 ‘‘(2) FEEDBACK.—Not later than 90 days after 

9 the date that the Administrator receives a rec10 ommendation from the Advisory Committee under 

11 subsection (d)(2), the Administrator shall submit to 

12 the Advisory Committee written feedback on the rec13 ommendation, including— 

14 ‘‘(A) if the Administrator agrees with the 

15 recommendation, a plan describing the actions 

16 that the Administrator has taken, will take, or 

17 recommends that the head of another Federal 

18 department or agency take to implement the 

19 recommendation; or 

20 ‘‘(B) if the Administrator disagrees with 

21 the recommendation, a justification for that de22 termination. 

23 ‘‘(3) NOTICES.—Not later than 30 days after 

24 the date the Administrator submits feedback under 

25 paragraph (2), the Administrator shall— 


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1 ‘‘(A) notify the appropriate congressional 

2 committees of the feedback, including the deter3 mination under subparagraph (A) or subpara4 graph (B) of that paragraph, as applicable; and 

5 ‘‘(B) provide the appropriate congressional 

6 committees with a briefing upon request. 

7 ‘‘(4) UPDATES.—Not later than 90 days after 

8 the date the Administrator receives a recommenda9 tion from the Advisory Committee under subsection 

10 (d)(2) that the Administrator agrees with, and quar11 terly thereafter until the recommendation is fully im12 plemented, the Administrator shall submit a report 

13 to the appropriate congressional committees or post 

14 on the public website under paragraph (5) an update 

15 on the status of the recommendation. 

16 ‘‘(5) WEBSITE.—The Administrator shall main17 tain a public website that— 

18 ‘‘(A) lists the members of the Advisory 

19 Committee; and 

20 ‘‘(B) provides the contact information for 

21 the Advisory Committee. 

22 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal 

23 Advisory Committee Act (5 U.S.C. App.) shall not apply 

24 to the Advisory Committee or any subcommittee estab25 lished under this section.’’. 


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1 (b) ADVISORY COMMITTEE MEMBERS.— 

2 (1) VOTING MEMBERS.—Not later than 180 

3 days after the date of enactment of this Act, the Ad4 ministrator shall appoint the voting members of the 

5 Surface Transportation Security Advisory Com6 mittee established under section 404 of the Home7 land Security Act of 2002, as added by subsection 

8 (a) of this section. 

9 (2) NONVOTING MEMBERS.—Not later than 90 

10 days after the date of enactment of this Act, each 

11 Federal Government department and agency with 

12 regulatory authority over a mode of surface or mari13 time transportation, as the Administrator considers 

14 appropriate, shall designate an appropriate rep15 resentative to serve as a nonvoting member of the 

16 Surface Transportation Security Advisory Com17 mittee. 

18 (c) TABLE OF CONTENTS.—The table of contents in 

19 section 1(b) of the Homeland Security Act of 2002 (Public 

20 Law 107–296; 116 Stat. 2135) is amended by inserting 

21 after the item relating to section 403 the following: 

‘‘Sec. 404. Surface Transportation Security Advisory Committee.’’. 

22 SEC. 9. REVIEW OF THE EXPLOSIVES DETECTION CANINE 

23 TEAM PROGRAM. 

24 (a) IN GENERAL.—Not later than 90 days after the 

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1 ceives the report under section 3(c), the Inspector General 

2 of the Department shall— 

3 (1) review the explosives detection canine team 

4 program, including— 

5 (A) the development by the Transportation 

6 Security Administration of a deployment strat7 egy for explosives detection canine teams; 

8 (B) the national explosives detection canine 

9 team training program, including canine train10 ing, handler training, refresher training, and 

11 updates to such training; and 

12 (C) the use of the canine assets during an 

13 urgent security need, including the reallocation 

14 of such program resources outside the transpor15 tation systems sector during an urgent security 

16 need; and 

17 (2) submit to the appropriate committees of 

18 Congress a report on the review, including any rec19 ommendations. 

20 (b) CONSIDERATIONS.—In conducting the review of 

21 the deployment strategy under subsection (a)(1)(A), the 

22 Inspector General shall consider whether the Transpor23 tation Security Administration’s method to analyze the 

24 risk to transportation facilities and transportation systems 

25 is appropriate. 


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1 SEC. 10. EXPANSION OF NATIONAL EXPLOSIVES DETEC2 TION CANINE TEAM PROGRAM. 

3 (a) IN GENERAL.—The Secretary, where appropriate, 

4 shall encourage State, local, and tribal governments and 

5 private owners of high-risk transportation facilities to 

6 strengthen security through the use of explosives detection 

7 canine teams. 

8 (b) INCREASED CAPACITY.— 

9 (1) IN GENERAL.—Before the date the Inspec10 tor General of the Department submits the report 

11 under section 9, the Administrator may increase the 

12 number of State and local surface and maritime 

13 transportation canines by not more than 70 explo14 sives detection canine teams. 

15 (2) ADDITIONAL TEAMS.—Beginning on the 

16 date the Inspector General of the Department sub17 mits the report under section 9, the Secretary may 

18 increase the State and local surface and maritime 

19 transportation canines up to 200 explosives detection 

20 canine teams unless more are identified in the risk21 based security strategy under section 3, consistent 

22 with section 4 or with the President’s most recent 

23 budget submitted under section 1105 of title 31, 

24 United States Code. 

25 (3) RECOMMENDATIONS.—Before initiating any 

26 increase in the number of explosives detection teams 


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1 under paragraph (2), the Secretary shall consider 

2 any recommendations in the report under section 9 

3 on the efficacy and management of the explosives 

4 detection canine program. 

5 (c) DEPLOYMENT.—The Secretary shall— 

6 (1) use the additional explosives detection ca7 nine teams, as described in subsection (b)(1), as 

8 part of the Department’s efforts to strengthen secu9 rity across the Nation’s surface and maritime trans10 portation networks; 

11 (2) make available explosives detection canine 

12 teams to all modes of transportation, subject to the 

13 requirements under section 7, to address specific 

14 vulnerabilities or risks, on an as-needed basis and as 

15 otherwise determined appropriate by the Secretary; 

16 and 

17 (3) consider specific needs and training require18 ments for explosives detection canine teams to be de19 ployed across the Nation’s surface and maritime 

20 transportation networks, including in venues of mul21 tiple modes of transportation, as the Secretary con22 siders appropriate. 

23 (d) AUTHORIZATION.—There are authorized to be ap24 propriated to the Secretary such sums as may be necVerDate Sep 11 2014 00:35 Apr 01, 2017 Jkt 069200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763

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1 essary to carry out this section for each of fiscal years 

2 2018 through 2021. 

3 SEC. 11. EXPLOSIVE DETECTION TECHNOLOGY. 

4 The Secretary, in coordination with the Director of 

5 the National Institute of Standards and Technology and 

6 the head of each relevant Federal department or agency 

7 researching explosive detection systems, shall research and 

8 facilitate next generation technologies to detect explosives 

9 in transportation systems and transportation facilities. 

10 SEC. 12. STUDY ON SECURITY STANDARDS AND BEST PRAC11 TICES FOR PASSENGER TRANSPORTATION 

12 SYSTEMS. 

13 (a) SECURITY STANDARDS AND BEST PRACTICES

14 FOR UNITED STATES AND FOREIGN PASSENGER TRANS15 PORTATION SYSTEMS.—The Comptroller General of the 

16 United States shall conduct a study of how the Transpor17 tation Security Administration— 

18 (1) identifies and compares— 

19 (A) United States and foreign passenger 

20 transportation security standards; and 

21 (B) best practices for protecting passenger 

22 transportation systems, including shared ter23 minal facilities, and cyber systems; and 

24 (2) disseminates the findings under paragraph 

25 (1) to stakeholders. 


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1 (b) REPORT.—Not later than 18 months after the 

2 date of enactment of this Act, the Comptroller General 

3 shall issue a report that contains— 

4 (1) the findings of the study conducted under 

5 subsection (a); and 

6 (2) any recommendations for improving the rel7 evant processes or procedures. 

8 SEC. 13. AMTRAK SECURITY UPGRADES. 

9 (a) RAILROAD SECURITY ASSISTANCE.—Section 

10 1513(b) of the Implementing Recommendations of the 9/ 

11 11 Commission Act of 2007 (6 U.S.C. 1163(b)) is amend12 ed— 

13 (1) in paragraph (1), by striking the period at 

14 the end and inserting ‘‘, including communications 

15 interoperability where appropriate with relevant out16 side agencies and entities.’’; 

17 (2) in paragraph (5), by striking ‘‘security of’’ 

18 and inserting ‘‘security and preparedness of’’; 

19 (3) in paragraph (7), by striking ‘‘security 

20 threats’’ and inserting ‘‘security threats and pre21 paredness, including connectivity to the National 

22 Terrorist Screening Center’’; and 

23 (4) in paragraph (9), by striking ‘‘and security 

24 officers’’ and inserting ‘‘, security, and preparedness 

25 officers’’. 


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1 (b) SPECIFIC PROJECTS.—Section 1514(a)(3) of the 

2 Implementing Recommendations of the 9/11 Commission 

3 Act of 2007 (6 U.S.C. 1164(a)(3)) is amended— 

4 (1) in subparagraph (D) by inserting ‘‘, or to 

5 connect to the National Terrorism Screening Center 

6 watchlist’’ after ‘‘Secretary’’; 

7 (2) in subparagraph (G), by striking ‘‘; and’’ at 

8 the end and inserting a semicolon; 

9 (3) in subparagraph (H) by striking the period 

10 at the end and inserting a semicolon; and 

11 (4) by adding at the end the following: 

12 ‘‘(I) for improvements to passenger 

13 verification systems; 

14 ‘‘(J) for improvements to employee and 

15 contractor verification systems, including iden16 tity verification technology; or 

17 ‘‘(K) for improvements to the security of 

18 Amtrak computer systems, including cybersecu19 rity assessments and programs.’’. 

20 SEC. 14. PASSENGER RAIL VETTING. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date on which the Amtrak Board of Directors submits a 

23 request to the Administrator, the Administrator shall 

24 issue a decision on the use by Amtrak of the Transpor25 tation Security Administration’s Secure Flight Program 


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1 or a similar passenger vetting system to enhance pas2 senger rail security. 

3 (b) STRATEGIC PLAN.—If the Administrator decides 

4 to grant the request by Amtrak under subsection (a), the 

5 decision shall include a strategic plan for working with rail 

6 stakeholders to enhance passenger rail security by vetting 

7 passengers using terrorist watch lists maintained by the 

8 Federal Government or a similar passenger vetting system 

9 maintained by the Transportation Security Administra10 tion. 

11 (c) NOTICES.—The Administrator shall notify the ap12 propriate committees of Congress of any decision made 

13 under subsection (a) and the details of the strategic plan 

14 under subsection (b). 

15 (d) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed to limit the Administrator’s au17 thority to set the access to, or terms and conditions of 

18 using, the Secure Flight Program or a similar passenger 

19 vetting system. 

20 SEC. 15. STUDY ON SURFACE TRANSPORTATION INSPEC21 TORS. 

22 Not later than 180 days after the date of enactment 

23 of this Act, the Comptroller General of the United States 

24 shall submit to the appropriate committees of Congress 

25 a report that— 


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1 (1) identifies the roles and responsibilities of 

2 surface transportation security inspectors authorized 

3 under section 1304 of the Implementing Rec4 ommendations of the 9/11 Commission Act of 2007 

5 (6 U.S.C. 1113); 

6 (2) determines whether surface transportation 

7 security inspectors— 

8 (A) have appropriate qualifications to help 

9 secure and inspect surface transportation sys10 tems; and 

11 (B) have adequate experience and training 

12 to perform the responsibilities identified under 

13 paragraph (1); 

14 (3) evaluates feedback from surface transpor15 tation industry stakeholders on the effectiveness of 

16 surface transportation security inspectors and in17 spection programs to the overall security of the sur18 face transportation systems of such stakeholders; 

19 (4) evaluates the consistency of surface trans20 portation inspections, recommendations, and regu21 latory enforcement, where applicable; 

22 (5) identifies any duplication or redundancy be23 tween the Transportation Security Administration 

24 and the Department of Transportation relating to 


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1 surface transportation security inspections or over2 sight; and 

3 (6) provides recommendations, if any, relating 

4 to— 

5 (A) improvements to the surface transpor6 tation security inspectors program, including— 

7 (i) changes in organizational and su8 pervisory structures; 

9 (ii) coordination procedures to en10 hance consistency; and 

11 (iii) effectiveness in inspection and 

12 compliance activities; and 

13 (B) whether each transportation mode 

14 needs inspectors trained and qualified for that 

15 specific mode. 

16 SEC. 16. SECURITY AWARENESS PROGRAM. 

17 (a) ESTABLISHMENT.—The Administrator shall es18 tablish a program to promote surface transportation secu19 rity through the training of surface transportation opera20 tors and frontline employees on each of the skills identified 

21 in subsection (c). 

22 (b) APPLICATION.—The program established under 

23 subsection (a) shall apply to all modes of surface transpor24 tation, including public transportation, rail, highway, 

25 motor carrier, and pipeline. 


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1 (c) TRAINING.—The program established under sub2 section (a) shall cover, at a minimum, the skills necessary 

3 to recognize, assess, and respond to suspicious items or 

4 actions that could indicate a threat to transportation. 

5 (d) ASSESSMENT.— 

6 (1) IN GENERAL.—The Administrator shall con7 duct an assessment of current training programs for 

8 surface transportation operators and frontline em9 ployees. 

10 (2) CONTENTS.—The assessment shall iden11 tify— 

12 (A) whether other training is being pro13 vided, either voluntarily or in response to other 

14 Federal requirements; and 

15 (B) whether there are any gaps in existing 

16 training. 

17 (e) UPDATES.—The Administrator shall ensure the 

18 program established under subsection (a) is updated as 

19 necessary to address changes in risk and terrorist methods 

20 and to close any gaps identified in the assessment under 

21 subsection (d). 

22 (f) SUSPICIOUS ACTIVITY REPORTING.— 

23 (1) IN GENERAL.—The Administrator shall 

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1 vidual to use to report suspicious activity under this 

2 section to the Administration. 

3 (2) PROCEDURES.—The Administrator shall es4 tablish procedures for the Administration— 

5 (A) to review and followup, as necessary, 

6 on each report received under paragraph (1); 

7 and 

8 (B) to share, as necessary and in accord9 ance with law, the report with appropriate Fed10 eral, State, local, and tribal entities. 

11 (3) RULE OF CONSTRUCTION.—Nothing in this 

12 section may be construed to replace or affect in any 

13 way the use of 9–1–1 services in an emergency. 

14 (g) DEFINITION OF FRONTLINE EMPLOYEE.—In this 

15 section, the term ‘‘frontline employee’’ includes— 

16 (1) an employee of a public transportation 

17 agency who is a transit vehicle driver or operator, 

18 dispatcher, maintenance and maintenance support 

19 employee, station attendant, customer service em20 ployee, security employee, or transit police, or any 

21 other employee who has direct contact with riders on 

22 a regular basis, and any other employee of a public 

23 transportation agency that the Administrator deter24 mines should receive security training under this 


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1 section or that is receiving security training under 

2 other law; 

3 (2) over-the-road bus drivers, security per4 sonnel, dispatchers, maintenance and maintenance 

5 support personnel, ticket agents, other terminal em6 ployees, and other employees of an over-the-road bus 

7 operator or terminal owner or operator that the Ad8 ministrator determines should receive security train9 ing under this section or that is receiving security 

10 training under other law; or 

11 (3) security personnel, dispatchers, locomotive 

12 engineers, conductors, trainmen, other onboard em13 ployees, maintenance and maintenance support per14 sonnel, bridge tenders, and any other employees of 

15 railroad carriers that the Administrator determines 

16 should receive security training under this section or 

17 that is receiving security training under other law. 

18 SEC. 17. VOLUNTARY USE OF CREDENTIALING. 

19 (a) IN GENERAL.—An individual who is subject to 

20 credentialing or a background investigation may satisfy 

21 that requirement by obtaining a valid transportation secu22 rity card issued under section 70105 of title 46, United 

23 States Code. 

24 (b) ISSUANCE OF CARDS.—The Secretary of Home25 land Security— 


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1 (1) shall expand the transportation security 

2 card program, consistent with section 70105 of title 

3 46, United States Code, to allow an individual who 

4 is subject to credentialing or a background investiga5 tion to apply for a transportation security card; and 

6 (2) may charge reasonable fees, in accordance 

7 with section 520(a) of the Department of Homeland 

8 Security Appropriations Act, 2004 (6 U.S.C. 

9 469(a)), for providing the necessary credentialing 

10 and background investigation. 

11 (c) DEFINITION.—In this section, the term ‘‘indi12 vidual who is subject to credentialing or a background in13 vestigation’’ means an individual who— 

14 (1) because of employment is regulated by the 

15 Transportation Security Administration, Department 

16 of Transportation, or Coast Guard and is required 

17 to have a background records check to obtain a haz18 ardous materials endorsement on a commercial driv19 er’s license issued by a State under section 5103a of 

20 title 49, United States Code; or 

21 (2) is required to have a credential and back22 ground records check under section 2102(d)(2) of 

23 the Homeland Security Act of 2002 (6 U.S.C. 

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1 lated by the Transportation Security Administration, 

2 Department of Transportation, or Coast Guard. 

3 SEC. 18. BACKGROUND RECORDS CHECKS FOR ISSUANCE 

4 OF HAZMAT LICENSES. 

5 Section 5103a(d) of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(3) TRANSPORTATION SECURITY CARDS.—An 

8 individual who holds a valid transportation security 

9 card issued by the Secretary of the departing in 

10 which the Coast Guard is operating under section 

11 70105 of title 46 shall be deemed to have met the 

12 background records check required under this sub13 section.’’. 

14 SEC. 19. CARGO CONTAINER SCANNING TECHNOLOGY RE15 VIEW. 

16 (a) DESIGNATIONS.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this Act, and not less fre19 quently than once every 5 years thereafter until the 

20 date of full-scale implementation of 100 percent 

21 screening of cargo containers and 100 percent scan22 ning of high-risk containers required under section 

23 232 of the SAFE Port Act (6 U.S.C. 982), the Sec24 retary shall solicit proposals for scanning tech25 nologies, consistent with the standards under subVerDate Sep 11 2014 00:35 Apr 01, 2017 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763

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1 section (b)(8) of that section, to improve scanning of 

2 cargo at domestic ports. 

3 (2) EVALUATION.—In soliciting proposals under 

4 paragraph (1), the Secretary shall establish meas5 ures to assess the performance of the proposed scan6 ning technologies, including— 

7 (A) the rate of false positives; 

8 (B) the delays in processing times; and 

9 (C) the impact on the supply chain. 

10 (b) PILOT PROGRAM.— 

11 (1) ESTABLISHMENT.—The Secretary may es12 tablish a pilot program to determine the efficacy of 

13 a scanning technology referred to in subsection (a). 

14 (2) APPLICATION PROCESS.—In carrying out 

15 the pilot program under this subsection, the Sec16 retary shall— 

17 (A) solicit applications from domestic 

18 ports; 

19 (B) select up to 4 domestic ports to par20 ticipate in the pilot program; and 

21 (C) select ports with unique features and 

22 differing levels of trade volume. 

23 (3) REPORT.—Not later than 1 year after initi24 ating a pilot program under paragraph (1), the SecVerDate Sep 11 2014 00:35 Apr 01, 2017 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763

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1 retary shall submit to the appropriate committees of 

2 Congress a report on the pilot program, including— 

3 (A) an evaluation of the scanning tech4 nologies proposed to improve security at domes5 tic ports and to meet the full-scale implementa6 tion requirement; 

7 (B) the costs to implement a pilot pro8 gram; 

9 (C) the benefits of the proposed scanning 

10 technologies; 

11 (D) the impact of the pilot program on the 

12 supply chain; and 

13 (E) recommendations for implementation 

14 of advanced cargo scanning technologies at do15 mestic ports. 

16 (4) SHARING PILOT PROGRAM TESTING RE17 SULTS.—The results of the pilot testing of advanced 

18 cargo scanning technologies shall be shared, as ap19 propriate, with government agencies and private 

20 stakeholders whose responsibilities encompass the se21 cure transport of cargo. 


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1 SEC. 20. REPEAL OF BIENNIAL REPORTING REQUIREMENT 

2 FOR THE GOVERNMENT ACCOUNTABILITY 

3 OFFICE RELATING TO THE TRANSPORTATION 

4 SECURITY INFORMATION SHARING PLAN. 

5 (a) IN GENERAL.—Section 114 of title 49, United 

6 States Code, is amended— 

7 (1) by redesignating subsections (u), (v), and 

8 (w) as subsections (t), (u), and (v), respectively; and 

9 (2) in subsection (t), as redesignated— 

10 (A) in paragraph (1)(A), by striking ‘‘sub11 section (t)’’ and inserting ‘‘subsection (s)’’; 

12 (B) by striking paragraph (7); and 

13 (C) by redesignating paragraphs (8) and 

14 (9) as paragraphs (7) and (8), respectively. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) TRANSPORTATION SECURITY STRATEGIC

17 PLANNING.—Section 114(s)(3)(B) of title 49, United 

18 States Code, is amended by striking ‘‘2007’’ and in19 serting ‘‘2007)’’. 

20 (2) CONGRESSIONAL OVERSIGHT OF SECURITY

21 ASSURANCE FOR PUBLIC AND PRIVATE STAKE22 HOLDERS.—Section 1203(b)(1)(B) of the Imple23 menting Recommendations of the 9/11 Commission 

24 Act of 2007 (49 U.S.C. 114 note) is amended by 

25 striking ‘‘, under section 114(u)(7) of title 49, 


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1 United States Code, as added by this section, or oth2 erwise,’’. 

Æ 


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