IIB 

115TH CONGRESS 

2D SESSION H. R. 5131 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2018 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To improve the effectiveness of Federal efforts to identify 

and address homeland security risks to surface transportation, secure against vehicle-based attacks, and conduct 

a feasibility assessment of introducing new security technologies and measures, and for other purposes. 


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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. 

4 This Act may be cited as the ‘‘Surface Transpor5 tation Security Improvement Act of 2018’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means the Committee on Homeland Secu11 rity of the House of Representatives and the Com12 mittee on Commerce, Science, and Transportation of 

13 the Senate. 

14 (2) PUBLIC AND PRIVATE SECTOR STAKE15 HOLDERS.—The term ‘‘public and private sector 

16 stakeholders’’ has the meaning given such term in 

17 section 114(u)(1)(C) of title 49, United States Code. 

18 (3) SURFACE TRANSPORTATION ASSET.—The 

19 term ‘‘surface transportation asset’’ includes facili20 ties, equipment, or systems used to provide transpor21 tation services by— 

22 (A) a public transportation agency (as 

23 such term is defined in section 1402(5) of the 

24 Implementing Recommendations of the 9/11 


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1 Commission Act of 2007 (Public Law 110–53; 

2 6 U.S.C. 1131(5))); 

3 (B) a railroad carrier (as such term is de4 fined in section 20102(3) of title 49, United 

5 States Code); 

6 (C) an owner or operator of— 

7 (i) an entity offering scheduled, fixed8 route transportation services by over-the9 road bus (as such term is defined in sec10 tion 1501(4) of the Implementing Rec11 ommendations of the 9/11 Commission Act 

12 of 2007 (Public Law 110–53; 6 U.S.C. 

13 1151(4))); or 

14 (ii) a bus terminal; or 

15 (D) other transportation facilities, equip16 ment, or systems, as determined by the Sec17 retary. 

18 SEC. 3. NATIONAL STRATEGY FOR TRANSPORTATION SECU19 RITY REVIEW. 

20 Not later than 1 year after the date of the enactment 

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

22 shall evaluate the degree to which the 2016 Biennial Na23 tional Strategy for Transportation Security, as required 

24 pursuant to section 114(s) of title 49, United States Code, 

25 that was issued on August 11, 2016, by the Administrator 


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1 of the Transportation Security Administration, is reflected 

2 in Federal transportation security programs, budgets, re3 search, staffing levels, and related efforts and, in carrying 

4 out such evaluation, shall consider the degree to which— 

5 (1) such strategy is sufficiently forward-looking 

6 to guide future Federal efforts relating to transpor7 tation security; 

8 (2) Federal transportation security programs, 

9 budgets, research, staffing levels, and related efforts 

10 for fiscal year 2018 and beyond are guided by such 

11 strategy; and 

12 (3) the annual progress reports submitted to 

13 Congress pursuant to such section subsequent to the 

14 issuance of such strategy provide information on the 

15 degree to which such strategy guides Federal efforts 

16 relating to transportation security. 

17 SEC. 4. RISK SCENARIOS. 

18 (a) IN GENERAL.—The Secretary of Homeland Secu19 rity shall annually develop, consistent with the transpor20 tation modal security plans required under section 114(s) 

21 of title 49, United States Code, risk-based priorities based 

22 on risk assessments conducted or received by the Sec23 retary across all transportation modes that consider 

24 threats, vulnerabilities, and consequences. 


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1 (b) SCENARIOS.—The Secretary of Homeland Secu2 rity shall ensure that the risk-based priorities identified 

3 pursuant to subsection (a) are informed by an analysis 

4 of terrorist attack scenarios for each transportation mode, 

5 including cyber attack scenarios and intelligence and open 

6 source information about current and evolving threats. 

7 (c) REPORT.—Not later than 120 days after each de8 velopment of risk-based priorities under subsection (a), 

9 the Secretary of Homeland Security shall provide to the 

10 appropriate congressional committees a report that in11 cludes the following: 

12 (1) Copies of the risk assessments for each 

13 transportation mode. 

14 (2) A summary that ranks the risks within and 

15 across modes. 

16 (3) A description of the risk-based priorities for 

17 securing the transportation sector that identifies and 

18 prioritizes the greatest security needs of such trans19 portation sector, both across and within modes, in 

20 the order that such priorities should be addressed. 

21 (4) Information on the underlying methodolo22 gies used to assess risks across and within each 

23 transportation mode and the basis for any assump24 tions regarding threats, vulnerabilities, and conVerDate Sep 11 2014 23:28 Mar 23, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5131.RFS H5131

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1 sequences made in assessing and prioritizing risks 

2 within each such mode and across modes. 

3 (d) CLASSIFICATION.—The information provided 

4 under subsection (c) may be submitted in a classified for5 mat or unclassified format, as appropriate. 

6 SEC. 5. ASSESSMENTS AND SECURITY PLANS; FRONTLINE 

7 EMPLOYEE SECURITY TRAINING. 

8 (a) REPORT.—Not later than 60 days after the date 

9 of the enactment of this Act, the Secretary of Homeland 

10 Security shall submit to the appropriate congressional 

11 committees and the Inspector General of the Department 

12 of Homeland Security a report on— 

13 (1) the status of regulations requiring assess14 ments and security plans as specified in sections 

15 1405, 1512, and 1531 of the Implementing Rec16 ommendations of the 9/11 Commission Act of 2007 

17 (6 U.S.C. 1134, 1162, and 1181) that includes a 

18 timeline for the issuance of a final rulemaking sub19 sequent to the December 16, 2016, publication in 

20 the Federal Register of an advance notice of pro21 posed rulemaking; and 

22 (2) the status of regulations for a security 

23 training program to prepare transportation employ24 ees for potential security threats and conditions as 

25 specified in sections 1408, 1517, and 1534 of the 


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1 Implementing Recommendations of the 9/11 Com2 mission Act of 2007 (6 U.S.C. 1137, 1167, and 

3 1184) that includes a timeline for the issuance of a 

4 final rulemaking subsequent to the December 16, 

5 2016, publication in the Federal Register of a notice 

6 of proposed rulemaking. 

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

8 120 days after submission of the report under subsection 

9 (a), the Inspector General of the Department of Homeland 

10 Security shall submit to the appropriate congressional 

11 committees a review of such report that includes informa12 tion on— 

13 (1) departmental efforts to finalize rulemaking; 

14 and 

15 (2) recommendations, as necessary, to ensure 

16 implementation of the regulations referred to in such 

17 subsection. 

18 SEC. 6. RESEARCH AND DEVELOPMENT. 

19 (a) EMERGING ISSUES.—Not later than 180 days 

20 after the date of the enactment of this Act, the Secretary 

21 of Homeland Security, acting through the Under Sec22 retary for Science and Technology of the Department of 

23 Homeland Security and in coordination with the Adminis24 trator of the Transportation Security Administration, 

25 shall submit to the appropriate congressional committees 


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1 a feasibility assessment of modifying the security of sur2 face transportation assets by— 

3 (1) introducing next generation technologies to 

4 be integrated into systems of surface transportation 

5 assets to detect explosives, including through the de6 ployment of mobile explosives detection technologies 

7 to conduct risk-based passenger and property 

8 screening at such systems; 

9 (2) providing surface transportation asset oper10 ators with access to the Transportation Security Ad11 ministration’s Secure Flight Program or a similar 

12 passenger vetting system maintained by the Trans13 portation Security Administration; 

14 (3) deploying a credential authentication tech15 nology or other means of identification document in16 spection to high-risk surface transportation assets to 

17 assist operators conducting passenger vetting; and 

18 (4) deploying scalable, cost-effective technology 

19 solutions to detect chemical, biological, radiological, 

20 nuclear, or explosive threats within high-risk surface 

21 transportation assets that are capable of passive, 

22 continuous, and real-time sensing and detection of, 

23 and alerting passengers and operating personnel to, 

24 the presence of such a threat. 


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1 (b) CONSIDERATIONS.—In carrying out the assess2 ment required under subsection (a), the Secretary of 

3 Homeland Security, acting through the Under Secretary 

4 for Science and Technology of the Department of Home5 land Security and in coordination with the Administrator 

6 of the Transportation Security Administration, shall ad7 dress the technological, privacy, operational, passenger fa8 cilitation, and public acceptance considerations involved 

9 with each security measure contemplated in such assess10 ment. 

11 SEC. 7. BEST PRACTICES TO SECURE AGAINST VEHICLE12 BASED ATTACKS. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Secretary of Homeland Security shall 

15 disseminate best practices to public and private sector 

16 stakeholders regarding how to enhance transportation se17 curity against the threat of a vehicle-based terrorist at18 tack. 

19 SEC. 8. SURFACE TRANSPORTATION STAKEHOLDER SUR20 VEY. 

21 (a) IN GENERAL.—Not later than 120 days after the 

22 date of the enactment of this Act, the Secretary of Home23 land Security shall begin conducting a survey of public and 

24 private stakeholders responsible for securing surface 

25 transportation assets regarding resource challenges, inVerDate Sep 11 2014 23:28 Mar 23, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5131.RFS H5131

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1 cluding the availability of Federal funding, associated with 

2 securing such assets that provides an opportunity for re3 spondents to set forth information on specific unmet 

4 needs. 

5 (b) REPORT.—Not later than 120 days after begin6 ning the survey required under subsection (a), the Sec7 retary of Homeland Security shall report to the appro8 priate congressional committees regarding the results of 

9 such survey and the Department of Homeland Security’s 

10 efforts to address any identified security vulnerabilities. 

11 SEC. 9. INNOVATIVE TECHNOLOGIES AND CAPABILITIES. 

12 (a) IN GENERAL.—The Administrator of the Trans13 portation Security Administration may establish a task 

14 force to collaborate with public and private sector stake15 holders to identify and develop an innovative technology 

16 or capability with the potential to enhance transportation 

17 security, including by— 

18 (1) conducting a field demonstration of such a 

19 technology or capability in an operational environ20 ment; 

21 (2) gathering performance data from such a 

22 demonstration to inform the acquisition process; and 

23 (3) to the extent practicable, providing funding 

24 and promoting efforts to enable participation in a 

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1 vative technology or capability but does not have 

2 adequate resources to participate in a field dem3 onstration under paragraph (1). 

4 (b) COMPOSITION.—The task force authorized under 

5 subsection (a) shall be chaired by the Administrator of the 

6 Transportation Security Administration’s designee and 

7 comprised of representatives appointed by the Adminis8 trator, in consultation with the Chairperson of the Avia9 tion Security Advisory Committee (established pursuant to 

10 section 44946 of title 49, United States Code). 

11 (c) ACTIVITIES.—The chair of the task force shall— 

12 (1) evaluate technologies and capabilities for 

13 field demonstrations with potential to enhance sur14 face transportation security, in addition to tech15 nologies and capabilities with potential to enhance 

16 aviation security; 

17 (2) coordinate with the Science and Technology 

18 Directorate of the Department of Homeland Secu19 rity to leverage such technologies and capabilities; 

20 and 

21 (3) submit to the Secretary of Homeland Secu22 rity an annual report regarding the task force’s ac23 tivities that identifies, for each such technology or 

24 capability, what mode of transportation could be en25 hanced by the integration of such technology or caVerDate Sep 11 2014 23:28 Mar 23, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5131.RFS H5131

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1 pability into security operations and, as appropriate, 

2 plans for deploying such technology or capability. 

3 (d) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall require the Administrator of the Transportation 

5 Security Administration to acquire an innovative tech6 nology or capability. 

7 (e) NON-APPLICABILITY OF FACA.—The Federal 

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

9 to the task force. 

10 SEC. 10. SECURITY TECHNOLOGIES TIED TO FOREIGN 

11 THREAT COUNTRIES. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Secretary of Homeland Security, act14 ing through the Under Secretary for Intelligence and 

15 Analysis of the Department of Homeland Security, in con16 sultation with the Under Secretary for the National Pro17 tection and Programs Directorate of the Department, 

18 shall submit to the appropriate congressional committees 

19 an assessment of terrorist and other threats to the trans20 portation sector, including surface transportation assets, 

21 posed by the use of security technologies, including soft22 ware and networked technologies, developed or manufac23 tured by firms that are owned or closely linked to the gov24 ernments of countries that are known to pose a cyber or 

25 homeland security threat. 


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1 SEC. 11. SURFACE TRANSPORTATION SECURITY INSPEC2 TORS. 

3 (a) STRATEGY.—Not later than 180 days after the 

4 date of the enactment of this Act, the Administrator of 

5 the Transportation Security Administration shall submit 

6 to the appropriate congressional committees and the 

7 Comptroller General of the United States a strategy to 

8 guide operations of surface transportation security inspec9 tors that addresses the following: 

10 (1) Any limitations in data systems for such in11 spectors, as identified by the Comptroller General. 

12 (2) Alignment of operations with risk assess13 ment findings, including an approach to identifying 

14 and prioritizing entities and locations for inspec15 tions. 

16 (3) Measurable objectives for the surface trans17 portation security inspectors program. 

18 (b) COMPTROLLER GENERAL REVIEW.—Not later 

19 than 180 days after the submission of the strategy re20 quired under subsection (b), the Comptroller General of 


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1 the United States shall review such strategy and, as ap2 propriate, issue recommendations. 

Passed the House of Representatives March 22, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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