I 

115TH CONGRESS 

2D SESSION H. R. 5131 

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 

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. 

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: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on Homeland Secu4 rity of the House of Representatives and the Com5 mittee on Commerce, Science, and Transportation of 

6 the Senate. 

7 (2) PUBLIC AND PRIVATE SECTOR STAKE8 HOLDERS.—The term ‘‘public and private sector 

9 stakeholders’’ has the meaning given such term in 

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

11 (3) SURFACE TRANSPORTATION ASSET.—The 

12 term ‘‘surface transportation asset’’ includes facili13 ties, equipment, or systems used to provide transpor14 tation services by— 

15 (A) a public transportation agency (as 

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

17 Implementing Recommendations of the 9/11 

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

19 6 U.S.C. 1131(5))); 

20 (B) a railroad carrier (as such term is de21 fined in section 20102(3) of title 49, United 

22 States Code); 

23 (C) an owner or operator of— 

24 (i) an entity offering scheduled, fixed25 route transportation services by over-theVerDate Sep 11 2014 20:56 Mar 05, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5131.IH H5131

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1 road bus (as such term is defined in sec2 tion 1501(4) of the Implementing Rec3 ommendations of the 9/11 Commission Act 

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

5 1151(4))); or 

6 (ii) a bus terminal; or 

7 (D) other transportation facilities, equip8 ment, or systems, as determined by the Sec9 retary. 

10 SEC. 3. NATIONAL STRATEGY FOR TRANSPORTATION SECU11 RITY REVIEW. 

12 Not later than one year after the date of the enact13 ment of this Act, the Comptroller General of the United 

14 States shall evaluate the degree to which the 2016 Bien15 nial National Strategy for Transportation Security, as re16 quired pursuant to section 114(s) of title 49, United 

17 States Code, that was issued on August 11, 2016, by the 

18 Administrator of the Transportation Security Administra19 tion, is reflected in Federal transportation security pro20 grams, budgets, research, staffing levels, and related ef21 forts and, in carrying out such evaluation, shall consider 

22 the degree to which— 

23 (1) such strategy is sufficiently forward-looking 

24 to guide future Federal efforts relating to transpor25 tation security; 


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1 (2) Federal transportation security programs, 

2 budgets, research, staffing levels, and related efforts 

3 for fiscal year 2018 and beyond are guided by such 

4 strategy; and 

5 (3) the annual progress reports submitted to 

6 Congress pursuant to such section subsequent to the 

7 issuance of such strategy provide information on the 

8 degree to which such strategy guides Federal efforts 

9 relating to transportation security. 

10 SEC. 4. RISK SCENARIOS. 

11 (a) IN GENERAL.—The Secretary of Homeland Secu12 rity shall annually develop, consistent with the transpor13 tation modal security plans required under section 114(s) 

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

15 on risk assessments conducted or received by the Sec16 retary across all transportation modes that consider 

17 threats, vulnerabilities, and consequences. 

18 (b) SCENARIOS.—The Secretary of Homeland Secu19 rity shall ensure that the risk-based priorities identified 

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

21 of terrorist attack scenarios for each transportation mode, 

22 including cyber attack scenarios and intelligence and open 

23 source information about current and evolving threats. 

24 (c) REPORT.—Not later than 120 days after each de25 velopment of risk-based priorities under subsection (a), 


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1 the Secretary of Homeland Security shall provide to the 

2 appropriate congressional committees a report that in3 cludes the following: 

4 (1) Copies of the risk assessments for each 

5 transportation mode. 

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

7 across modes. 

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

9 securing the transportation sector that identifies and 

10 prioritizes the greatest security needs of such trans11 portation sector, both across and within modes, in 

12 the order that such priorities should be addressed. 

13 (4) Information on the underlying methodolo14 gies used to assess risks across and within each 

15 transportation mode and the basis for any assump16 tions regarding threats, vulnerabilities, and con17 sequences made in assessing and prioritizing risks 

18 within each such mode and across modes. 

19 (d) CLASSIFICATION.—The information provided 

20 under subsection (c) may be submitted in a classified for21 mat or unclassified format, as appropriate. 

22 SEC. 5. ASSESSMENTS AND SECURITY PLANS; FRONTLINE 

23 EMPLOYEE SECURITY TRAINING. 

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

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


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1 Security shall submit to the appropriate congressional 

2 committees and the Inspector General of the Department 

3 of Homeland Security a report on— 

4 (1) the status of regulations requiring assess5 ments and security plans as specified in sections 

6 1405, 1512, and 1531 of the Implementing Rec7 ommendations of the 9/11 Commission Act of 2007 

8 (6 U.S.C. 1134, 1162, and 1181) that includes a 

9 timeline for the issuance of a final rulemaking sub10 sequent to the December 16, 2016, publication in 

11 the Federal Register of an advance notice of pro12 posed rulemaking; and 

13 (2) the status of regulations for a security 

14 training program to prepare transportation employ15 ees for potential security threats and conditions as 

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

17 Implementing Recommendations of the 9/11 Com18 mission Act of 2007 (6 U.S.C. 1137, 1167, and 

19 1184) that includes a timeline for the issuance of a 

20 final rulemaking subsequent to the December 16, 

21 2016, publication in the Federal Register of a notice 

22 of proposed rulemaking. 

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

24 120 days after submission of the report under subsection 

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


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1 Security shall submit to the appropriate congressional 

2 committees a review of such report that includes informa3 tion on— 

4 (1) departmental efforts to finalize rulemaking; 

5 and 

6 (2) recommendations, as necessary, to ensure 

7 implementation of the regulations referred to in such 

8 subsection. 

9 SEC. 6. RESEARCH AND DEVELOPMENT. 

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

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

12 of Homeland Security, acting through the Under Sec13 retary for Science and Technology of the Department of 

14 Homeland Security and in coordination with the Adminis15 trator of the Transportation Security Administration, 

16 shall submit to the appropriate congressional committees 

17 a feasibility assessment of modifying the security of sur18 face transportation assets by— 

19 (1) introducing next generation technologies to 

20 be integrated into systems of surface transportation 

21 assets to detect explosives, including through the de22 ployment of mobile explosives detection technologies 

23 to conduct risk-based passenger and property 

24 screening at such systems; 


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1 (2) providing surface transportation asset oper2 ators with access to the Transportation Security Ad3 ministration’s Secure Flight Program or a similar 

4 passenger vetting system maintained by the Trans5 portation Security Administration; 

6 (3) deploying a credential authentication tech7 nology or other means of identification document in8 spection to high-risk surface transportation assets to 

9 assist operators conducting passenger vetting; and 

10 (4) deploying scalable, cost-effective technology 

11 solutions to detect chemical, biological, radiological, 

12 nuclear, or explosive threats within high-risk surface 

13 transportation assets that are capable of passive, 

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

15 and alerting passengers and operating personnel to, 

16 the presence of such a threat. 

17 (b) CONSIDERATIONS.—In carrying out the assess18 ment required under subsection (a), the Secretary of 

19 Homeland Security, acting through the Under Secretary 

20 for Science and Technology of the Department of Home21 land Security and in coordination with the Administrator 

22 of the Transportation Security Administration, shall ad23 dress the technological, privacy, operational, passenger fa24 cilitation, and public acceptance considerations involved 


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1 with each security measure contemplated in such assess2 ment. 

3 SEC. 7. BEST PRACTICES TO SECURE AGAINST VEHICLE4 BASED ATTACKS. 

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary of Homeland Security shall 

7 disseminate best practices to public and private sector 

8 stakeholders regarding how to enhance transportation se9 curity against the threat of a vehicle-based terrorist at10 tack. 

11 SEC. 8. SURFACE TRANSPORTATION STAKEHOLDER SUR12 VEY. 

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

14 date of the enactment of this Act, the Secretary of Home15 land Security shall begin conducting a survey of public and 

16 private stakeholders responsible for securing surface 

17 transportation assets regarding resource challenges, in18 cluding the availability of Federal funding, associated with 

19 securing such assets that provides an opportunity for re20 spondents to set forth information on specific unmet 

21 needs. 

22 (b) REPORT.—Not later than 120 days after begin23 ning the survey required under subsection (a), the Sec24 retary of Homeland Security shall report to the appro25 priate congressional committees regarding the results of 


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1 such survey and the Department of Homeland Security’s 

2 efforts to address any identified security vulnerabilities. 

3 SEC. 9. INNOVATIVE TECHNOLOGIES AND CAPABILITIES. 

4 (a) IN GENERAL.—The Administrator of the Trans5 portation Security Administration may establish a task 

6 force to collaborate with public and private sector stake7 holders to identify and develop an innovative technology 

8 or capability with the potential to enhance transportation 

9 security, including by— 

10 (1) conducting a field demonstration of such a 

11 technology or capability in an operational environ12 ment; 

13 (2) gathering performance data from such a 

14 demonstration to inform the acquisition process; and 

15 (3) to the extent practicable, providing funding 

16 and promoting efforts to enable participation in a 

17 demonstration by a small business that has an inno18 vative technology or capability but does not have 

19 adequate resources to participate in a field dem20 onstration under paragraph (1). 

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

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

23 Transportation Security Administration’s designee and 

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1 tion Security Advisory Committee (established pursuant to 

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

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

4 (1) evaluate technologies and capabilities for 

5 field demonstrations with potential to enhance sur6 face transportation security, in addition to tech7 nologies and capabilities with potential to enhance 

8 aviation security; 

9 (2) coordinate with the Science and Technology 

10 Directorate of the Department of Homeland Secu11 rity to leverage such technologies and capabilities; 

12 and 

13 (3) submit to the Secretary of Homeland Secu14 rity an annual report regarding the task force’s ac15 tivities that identifies, for each such technology or 

16 capability, what mode of transportation could be en17 hanced by the integration of such technology or ca18 pability into security operations and, as appropriate, 

19 plans for deploying such technology or capability. 

20 (d) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall require the Administrator of the Transportation 

22 Security Administration to acquire an innovative tech23 nology or capability. 


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

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

3 to the task force. 

4 SEC. 10. SECURITY TECHNOLOGIES TIED TO FOREIGN 

5 THREAT COUNTRIES. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary of Homeland Security, act8 ing through the Under Secretary for Intelligence and 

9 Analysis of the Department of Homeland Security, in con10 sultation with the Under Secretary for the National Pro11 tection and Programs Directorate of the Department, 

12 shall submit to the appropriate congressional committees 

13 an assessment of terrorist and other threats to the trans14 portation sector, including surface transportation assets, 

15 posed by the use of security technologies, including soft16 ware and networked technologies, developed or manufac17 tured by firms that are owned or closely linked to the gov18 ernments of countries that are known to pose a cyber or 

19 homeland security threat. 

20 SEC. 11. SURFACE TRANSPORTATION SECURITY INSPEC21 TORS. 

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

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

24 the Transportation Security Administration shall submit 

25 to the appropriate congressional committees and the 


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1 Comptroller General of the United States a strategy to 

2 guide operations of surface transportation security inspec3 tors that addresses the following: 

4 (1) Any limitations in data systems for such in5 spectors, as identified by the Comptroller General. 

6 (2) Alignment of operations with risk assess7 ment findings, including an approach to identifying 

8 and prioritizing entities and locations for inspec9 tions. 

10 (3) Measurable objectives for the surface trans11 portation security inspectors program. 

12 (b) COMPTROLLER GENERAL REVIEW.—Not later 

13 than 180 days after the submission of the strategy re14 quired under subsection (b), the Comptroller General of 

15 the United States shall review such strategy and, as ap16 propriate, issue recommendations. 

Æ 


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