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Union Calendar No. 458 

115TH CONGRESS 

2D SESSION H. R. 5131 

[Report No. 115–602] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2018 

Mrs. WATSON COLEMAN (for herself, Mr. THOMPSON of Mississippi, and Mr. 

KATKO) introduced the following bill; which was referred to the Committee on Homeland Security 

MARCH 19, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 27, 2018] 


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A BILL 

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 Transportation 

5 Security Improvement Act of 2018’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional commit10 tees’’ means the Committee on Homeland Security of 

11 the House of Representatives and the Committee on 

12 Commerce, Science, and Transportation of the Senate. 

13 (2) PUBLIC AND PRIVATE SECTOR STAKE14 HOLDERS.—The term ‘‘public and private sector 

15 stakeholders’’ has the meaning given such term in sec16 tion 114(u)(1)(C) of title 49, United States Code. 

17 (3) SURFACE TRANSPORTATION ASSET.—The 

18 term ‘‘surface transportation asset’’ includes facilities, 

19 equipment, or systems used to provide transportation 

20 services by— 

21 (A) a public transportation agency (as such 

22 term is defined in section 1402(5) of the Imple23 menting Recommendations of the 9/11 Commis24 sion Act of 2007 (Public Law 110–53; 6 U.S.C. 

25 1131(5))); 


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1 (B) a railroad carrier (as such term is de2 fined in section 20102(3) of title 49, United 

3 States Code); 

4 (C) an owner or operator of— 

5 (i) an entity offering scheduled, fixed6 route transportation services by over-the7 road bus (as such term is defined in section 

8 1501(4) of the Implementing Recommenda9 tions of the 9/11 Commission Act of 2007 

10 (Public Law 110–53; 6 U.S.C. 1151(4))); or 

11 (ii) a bus terminal; or 

12 (D) other transportation facilities, equip13 ment, or systems, as determined by the Sec14 retary. 

15 SEC. 3. NATIONAL STRATEGY FOR TRANSPORTATION SECU16 RITY REVIEW. 

17 Not later than one year after the date of the enactment 

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

19 shall evaluate the degree to which the 2016 Biennial Na20 tional Strategy for Transportation Security, as required 

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

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

23 of the Transportation Security Administration, is reflected 

24 in Federal transportation security programs, budgets, reVerDate Sep 11 2014 23:09 Mar 19, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H5131.RH H5131

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1 search, staffing levels, and related efforts and, in carrying 

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

3 (1) such strategy is sufficiently forward-looking 

4 to guide future Federal efforts relating to transpor5 tation security; 

6 (2) Federal transportation security programs, 

7 budgets, research, staffing levels, and related efforts 

8 for fiscal year 2018 and beyond are guided by such 

9 strategy; and 

10 (3) the annual progress reports submitted to 

11 Congress pursuant to such section subsequent to the 

12 issuance of such strategy provide information on the 

13 degree to which such strategy guides Federal efforts 

14 relating to transportation security. 

15 SEC. 4. RISK SCENARIOS. 

16 (a) IN GENERAL.—The Secretary of Homeland Secu17 rity shall annually develop, consistent with the transpor18 tation modal security plans required under section 114(s) 

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

20 on risk assessments conducted or received by the Secretary 

21 across all transportation modes that consider threats, 

22 vulnerabilities, and consequences. 

23 (b) SCENARIOS.—The Secretary of Homeland Security 

24 shall ensure that the risk-based priorities identified pursu25 ant to subsection (a) are informed by an analysis of terVerDate Sep 11 2014 23:09 Mar 19, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H5131.RH H5131

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1 rorist attack scenarios for each transportation mode, in2 cluding cyber attack scenarios and intelligence and open 

3 source information about current and evolving threats. 

4 (c) REPORT.—Not later than 120 days after each de5 velopment of risk-based priorities under subsection (a), the 

6 Secretary of Homeland Security shall provide to the appro7 priate congressional committees a report that includes the 

8 following: 

9 (1) Copies of the risk assessments for each trans10 portation mode. 

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

12 across modes. 

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

14 securing the transportation sector that identifies and 

15 prioritizes the greatest security needs of such trans16 portation sector, both across and within modes, in the 

17 order that such priorities should be addressed. 

18 (4) Information on the underlying methodologies 

19 used to assess risks across and within each transpor20 tation mode and the basis for any assumptions re21 garding threats, vulnerabilities, and consequences 

22 made in assessing and prioritizing risks within each 

23 such mode and across modes. 


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1 (d) CLASSIFICATION.—The information provided 

2 under subsection (c) may be submitted in a classified for3 mat or unclassified format, as appropriate. 

4 SEC. 5. ASSESSMENTS AND SECURITY PLANS; FRONTLINE 

5 EMPLOYEE SECURITY TRAINING. 

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

7 of the enactment of this Act, the Secretary of Homeland Se8 curity shall submit to the appropriate congressional com9 mittees and the Inspector General of the Department of 

10 Homeland Security a report on— 

11 (1) the status of regulations requiring assess12 ments and security plans as specified in sections 

13 1405, 1512, and 1531 of the Implementing Rec14 ommendations of the 9/11 Commission Act of 2007 (6 

15 U.S.C. 1134, 1162, and 1181) that includes a 

16 timeline for the issuance of a final rulemaking subse17 quent to the December 16, 2016, publication in the 

18 Federal Register of an advance notice of proposed 

19 rulemaking; and 

20 (2) the status of regulations for a security train21 ing program to prepare transportation employees for 

22 potential security threats and conditions as specified 

23 in sections 1408, 1517, and 1534 of the Implementing 

24 Recommendations of the 9/11 Commission Act of 2007 

25 (6 U.S.C. 1137, 1167, and 1184) that includes a 


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1 timeline for the issuance of a final rulemaking subse2 quent to the December 16, 2016, publication in the 

3 Federal Register of a notice of proposed rulemaking. 

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

5 120 days after submission of the report under subsection 

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

7 Security shall submit to the appropriate congressional com8 mittees a review of such report that includes information 

9 on— 

10 (1) departmental efforts to finalize rulemaking; 

11 and 

12 (2) recommendations, as necessary, to ensure im13 plementation of the regulations referred to in such 

14 subsection. 

15 SEC. 6. RESEARCH AND DEVELOPMENT. 

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

17 the date of the enactment of this Act, the Secretary of Home18 land Security, acting through the Under Secretary for 

19 Science and Technology of the Department of Homeland Se20 curity and in coordination with the Administrator of the 

21 Transportation Security Administration, shall submit to 

22 the appropriate congressional committees a feasibility as23 sessment of modifying the security of surface transportation 

24 assets by— 


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1 (1) introducing next generation technologies to be 

2 integrated into systems of surface transportation as3 sets to detect explosives, including through the deploy4 ment of mobile explosives detection technologies to 

5 conduct risk-based passenger and property screening 

6 at such systems; 

7 (2) providing surface transportation asset opera8 tors with access to the Transportation Security Ad9 ministration’s Secure Flight Program or a similar 

10 passenger vetting system maintained by the Trans11 portation Security Administration; 

12 (3) deploying a credential authentication tech13 nology or other means of identification document in14 spection to high-risk surface transportation assets to 

15 assist operators conducting passenger vetting; and 

16 (4) deploying scalable, cost-effective technology 

17 solutions to detect chemical, biological, radiological, 

18 nuclear, or explosive threats within high-risk surface 

19 transportation assets that are capable of passive, con20 tinuous, and real-time sensing and detection of, and 

21 alerting passengers and operating personnel to, the 

22 presence of such a threat. 

23 (b) CONSIDERATIONS.—In carrying out the assessment 

24 required under subsection (a), the Secretary of Homeland 

25 Security, acting through the Under Secretary for Science 


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1 and Technology of the Department of Homeland Security 

2 and in coordination with the Administrator of the Trans3 portation Security Administration, shall address the tech4 nological, privacy, operational, passenger facilitation, and 

5 public acceptance considerations involved with each secu6 rity measure contemplated in such assessment. 

7 SEC. 7. BEST PRACTICES TO SECURE AGAINST VEHICLE8 BASED ATTACKS. 

9 Not later than 180 days after the date of the enactment 

10 of this Act, the Secretary of Homeland Security shall dis11 seminate best practices to public and private sector stake12 holders regarding how to enhance transportation security 

13 against the threat of a vehicle-based terrorist attack. 

14 SEC. 8. SURFACE TRANSPORTATION STAKEHOLDER SUR15 VEY. 

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

17 date of the enactment of this Act, the Secretary of Homeland 

18 Security shall begin conducting a survey of public and pri19 vate stakeholders responsible for securing surface transpor20 tation assets regarding resource challenges, including the 

21 availability of Federal funding, associated with securing 

22 such assets that provides an opportunity for respondents to 

23 set forth information on specific unmet needs. 

24 (b) REPORT.—Not later than 120 days after beginning 

25 the survey required under subsection (a), the Secretary of 


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1 Homeland Security shall report to the appropriate congres2 sional committees regarding the results of such survey and 

3 the Department of Homeland Security’s efforts to address 

4 any identified security vulnerabilities. 

5 SEC. 9. INNOVATIVE TECHNOLOGIES AND CAPABILITIES. 

6 (a) IN GENERAL.—The Administrator of the Trans7 portation Security Administration may establish a task 

8 force to collaborate with public and private sector stake9 holders to identify and develop an innovative technology or 

10 capability with the potential to enhance transportation se11 curity, including by— 

12 (1) conducting a field demonstration of such a 

13 technology or capability in an operational environ14 ment; 

15 (2) gathering performance data from such a 

16 demonstration to inform the acquisition process; and 

17 (3) to the extent practicable, providing funding 

18 and promoting efforts to enable participation in a 

19 demonstration by a small business that has an inno20 vative technology or capability but does not have ade21 quate resources to participate in a field demonstra22 tion under paragraph (1). 

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

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

25 Transportation Security Administration’s designee and 


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1 comprised of representatives appointed by the Adminis2 trator, in consultation with the Chairperson of the Aviation 

3 Security Advisory Committee (established pursuant to sec4 tion 44946 of title 49, United States Code). 

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

6 (1) evaluate technologies and capabilities for 

7 field demonstrations with potential to enhance surface 

8 transportation security, in addition to technologies 

9 and capabilities with potential to enhance aviation 

10 security; 

11 (2) coordinate with the Science and Technology 

12 Directorate of the Department of Homeland Security 

13 to leverage such technologies and capabilities; and 

14 (3) submit to the Secretary of Homeland Secu15 rity an annual report regarding the task force’s ac16 tivities that identifies, for each such technology or ca17 pability, what mode of transportation could be en18 hanced by the integration of such technology or capa19 bility into security operations and, as appropriate, 

20 plans for deploying such technology or capability. 

21 (d) RULE OF CONSTRUCTION.—Nothing in this section 

22 shall require the Administrator of the Transportation Secu23 rity Administration to acquire an innovative technology or 

24 capability. 


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1 (e) NON-APPLICABILITY OF FACA.—The Federal Advi2 sory Committee Act (5 U.S.C. App.) shall not apply to the 

3 task force. 

4 SEC. 10. SECURITY TECHNOLOGIES TIED TO FOREIGN 

5 THREAT COUNTRIES. 

6 Not later than 180 days after the date of the enactment 

7 of this Act, the Secretary of Homeland Security, acting 

8 through the Under Secretary for Intelligence and Analysis 

9 of the Department of Homeland Security, in consultation 

10 with the Under Secretary for the National Protection and 

11 Programs Directorate of the Department, shall submit to 

12 the appropriate congressional committees an assessment of 

13 terrorist and other threats to the transportation sector, in14 cluding surface transportation assets, posed by the use of 

15 security technologies, including software and networked 

16 technologies, developed or manufactured by firms that are 

17 owned or closely linked to the governments of countries that 

18 are known to pose a cyber or homeland security threat. 

19 SEC. 11. SURFACE TRANSPORTATION SECURITY INSPEC20 TORS. 

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

22 of the enactment of this Act, the Administrator of the Trans23 portation Security Administration shall submit to the ap24 propriate congressional committees and the Comptroller 

25 General of the United States a strategy to guide operations 


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1 of surface transportation security inspectors that addresses 

2 the following: 

3 (1) Any limitations in data systems for such in4 spectors, as identified by the Comptroller General. 

5 (2) Alignment of operations with risk assessment 

6 findings, including an approach to identifying and 

7 prioritizing entities and locations for inspections. 

8 (3) Measurable objectives for the surface trans9 portation security inspectors program. 

10 (b) COMPTROLLER GENERAL REVIEW.—Not later than 

11 180 days after the submission of the strategy required under 

12 subsection (b), the Comptroller General of the United States 

13 shall review such strategy and, as appropriate, issue rec14 ommendations. 


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Union Calendar No. 458 

115TH CONGRESS 

2D SESSION H. R. 5131 

[Report No. 115–602] 

A BILL 

To improve the effectiveness of Federal efforts to 

and measures, and for other purposes. ment of introducing new security technologies based attacks, and conduct a feasibility assesssurface transportation, secure against vehicleidentify and address homeland security risks to 

MARCH 19, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3GMQ082PROD with BILLS