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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1900 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1900

To authorize programs and activities within the Transportation Security 
   Administration to enhance the security of surface transportation, 
            including mass transit, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2011

Ms. Jackson Lee of Texas (for herself, Mr. Thompson of Mississippi, Mr. 
Davis of Illinois, and Ms. Clarke of New York) introduced the following 
     bill; which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL

 
To authorize programs and activities within the Transportation Security 
   Administration to enhance the security of surface transportation, 
            including mass transit, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Transportation and Mass 
Transit Security Act of 2011''.

SEC. 2. ASSISTANT SECRETARY DEFINED.

    Section 1301 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1111) is amended--
            (1) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of Homeland Security 
        (Transportation Security Administration).''.

SEC. 3. SURFACE TRANSPORTATION SECURITY INSPECTION PROGRAM.

    (a) Surface Transportation Security Inspection Office.--Section 
1304 of the Implementing Recommendations of the 9/11 Commission Act of 
2007 (6 U.S.C. 1113) is amended--
            (1) by redesignating subsections (c) through (j) as 
        subsections (b) through (i), respectively; and
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Surface Transportation Security Inspection Office.--
            ``(1) Establishment.--The Assistant Secretary shall 
        establish an office to be known as the Surface Transportation 
        Security Inspection Office (in this section referred to as the 
        `Office').
            ``(2) Mission.--The Assistant Secretary shall use the 
        Office to train, employ, and utilize surface transportation 
        security inspectors to--
                    ``(A) assist surface transportation carriers, 
                operators, owners, entities, and facilities to enhance 
                their security against terrorist attacks and other 
                security threats; and
                    ``(B) assist the Assistant Secretary in enforcing 
                applicable surface transportation security regulations 
                and directives.
            ``(3) Officers.--
                    ``(A) Director.--The head of the Office shall be 
                the Director, who shall--
                            ``(i) oversee and coordinate the activities 
                        of the Office, including all officers and any 
                        corresponding surface transportation modes in 
                        which the Office carries out such activities, 
                        and the surface transportation security 
                        inspectors who assist in such activities; and
                            ``(ii) act as the primary point of contact 
                        between the Office and other entities that 
                        support the Department's surface transportation 
                        security mission to ensure efficient and 
                        appropriate use of surface transportation 
                        security inspectors and maintain strong working 
                        relationships with surface transportation 
                        security stakeholders.
                    ``(B) Deputy director.--There shall be a Deputy 
                Director of the Office, who shall--
                            ``(i) assist the Director in carrying out 
                        the responsibilities of the Director under this 
                        subsection; and
                            ``(ii) serve as acting Director in the 
                        absence of the Director and during any vacancy 
                        in the office of Director.
            ``(4) Appointment.--
                    ``(A) In general.--The Director and Deputy Director 
                shall be responsible on a full-time basis for the 
                duties and responsibilities described in this 
                subsection.
                    ``(B) Classification.--The position of Director 
                shall be considered a position in the Senior Executive 
                Service as defined in section 2101a of title 5, United 
                States Code, and the position of Deputy Director shall 
                be considered a position classified at grade GS-15 of 
                the General Schedule.
            ``(5) Limitation.--No person shall serve as an officer 
        under paragraph (3) while serving in any other position in the 
        Federal Government.
            ``(6) Field offices.--
                    ``(A) Establishment.--The Assistant Secretary shall 
                establish primary and secondary field offices in the 
                United States for surface transportation security 
                inspectors carrying out their duties under this 
                section.
                    ``(B) Designation.--The locations for, and 
                designation as `primary' or `secondary' of, such field 
                offices shall be determined in a manner that is 
                consistent with the Department's risk-based approach to 
                carrying out its homeland security mission.
                    ``(C) Command structure.--
                            ``(i) Primary field offices.--Each primary 
                        field office shall be led by a chief surface 
                        transportation security inspector, who has 
                        significant experience with surface 
                        transportation systems, facilities, and 
                        operations and shall report directly to the 
                        Director.
                            ``(ii) Secondary field offices.--Each 
                        secondary field office shall be led by a senior 
                        surface transportation security inspector, who 
                        shall report directly to the chief surface 
                        transportation security inspector of a 
                        geographically appropriate primary field 
                        office, as determined by the Director.
                    ``(D) Personnel.--Not later than 18 months after 
                the date of enactment of the Surface Transportation and 
                Mass Transit Security Act of 2011, field offices shall 
                be staffed with--
                            ``(i) not fewer than 7 surface 
                        transportation security inspectors, including 
                        one chief surface transportation security 
                        inspector, at every primary field office; and
                            ``(ii) not fewer than 5 surface 
                        transportation security inspectors, including 
                        one senior surface transportation security 
                        inspector, at every secondary field office.''.
    (b) Number of Inspectors.--Section 1304(e) of such Act, as 
redesignated by subsection (a) of this section, is amended to read as 
follows:
    ``(e) Number of Inspectors; Training.--
            ``(1) Number.--Subject to the availability of 
        appropriations, the Secretary shall maintain not fewer than 100 
        more surface transportation security inspectors than the number 
        of such inspectors employed at the end of fiscal year 2010.
            ``(2) Training.--The Director shall provide initial and 
        recurrent training to each surface transportation inspector 
        that includes counterterrorism training, audit training, 
        inspections training, and training on emergency preparedness 
        and response.''.
    (c) Coordination.--Section 1304(f) of such Act, as redesignated by 
subsection (a) of this section, is amended by striking ``114(t)'' and 
inserting ``114(s)''.
    (d) Report.--Section 1304(h), as redesignated by subsection (a) of 
this section, is amended by striking ``2008'' and inserting ``2011''.
    (e) Plan.--Section 1304(i) of such Act, as redesignated by 
subsection (a) of this section, is amended to read as follows:
    ``(i) Plan.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Surface Transportation and Mass Transit 
        Security Act of 2011, the Assistant Secretary shall submit to 
        the appropriate congressional committees a plan for expanding 
        the duties, operations, and training of surface transportation 
        security inspector workforce to enhance the Transportation 
        Security Administration's surface transportation security 
        mission.
            ``(2) Contents.--The plan shall include--
                    ``(A) an analysis of how surface transportation 
                security inspectors could be used to conduct oversight 
                activities with respect to surface transportation 
                security projects funded by relevant grant programs 
                administered by the Department;
                    ``(B) an evaluation of whether the capacity of the 
                Office to take an active role in the Department's 
                surface transportation security operations would be 
                enhanced if all or some of the surface transportation 
                security inspector workforce were law enforcement 
                officers;
                    ``(C) an analysis of best practices for training 
                surface transportation security inspectors, including 
                identifying skills that could be transferable among 
                inspectors of different modes of transportation to 
                enhance flexibility;
                    ``(D) a requirement that the Office evaluate its 
                Surface Transportation Security Inspection training 
                program annually for the purpose of incorporating the 
                identified best practices, as appropriate, and 
                determining whether the provided training is effective; 
                and
                    ``(E) any other potential functions relating to 
                surface transportation security the Secretary 
                determines appropriate.''.
    (f) Authorization of Appropriations.--Section 1304 of such Act (6 
U.S.C. 1113) is amended by adding at the end the following:
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to the Assistant Secretary 
to carry out this section for fiscal years 2012 and 2013.''.
    (g) Conforming Amendment.--Section 1304(b) of such Act, as 
redesignated by subsection (a) of this section, is amended by striking 
``subsection (e)'' and inserting ``subsection (d)''.

SEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS (VIPR TEAMS).

    Section 1303 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1112) is amended--
            (1) in subsection (a) by striking ``Administrator of the 
        Transportation Security Administration,'' and inserting 
        ``Assistant Secretary,'';
            (2) in subsection (a)(2) by inserting ``according to 
        risk,'' after ``determine'';
            (3) in subsection (a)(4) by striking ``team,'' and 
        inserting ``team as to specific locations and times within 
        their facilities at which VIPR teams should be deployed to 
        maximize the effectiveness of such deployment and other 
        matters,''; and
            (4) by striking subsection (b) and inserting the following:
    ``(b) Performance Measures.--Not later than one year after 
enactment of the Surface Transportation and Mass Transit Security Act 
of 2011, the Assistant Secretary shall develop and implement a system 
of qualitative performance measures and objectives by which to assess 
the roles, activities, and effectiveness of VIPR team operations on an 
ongoing basis, including a mechanism through which the transportation 
entities listed in subsection (a)(4) shall submit feedback from surface 
transportation operators received by the Assistant Secretary on VIPR 
team operations involving their systems or facilities.
    ``(c) Deployments.--Not later than one year after the date of 
enactment of the Surface Transportation and Mass Transit Security Act 
of 2011, the Assistant Secretary shall establish risk-based criteria to 
evaluate all proposals for VIPR deployments and, from the date of 
establishment, shall begin utilizing the criteria for such purposes.
    ``(d) Interoperability.--Not later than one year after the date of 
enactment of the Surface Transportation and Mass Transit Security Act 
of 2011, the Assistant Secretary shall develop and implement a plan for 
ensuring the interoperability of communications among all participating 
VIPR team components as designated under subsection (a)(1) and between 
VIPR teams and any relevant transportation entities listed in 
subsection (a)(4) whose systems or facilities are involved in VIPR team 
operations, including an analysis of the costs and resources required 
to carry out the plan.
    ``(e) Annual Report.--The Assistant Secretary shall submit on an 
annual basis, together with the annual budget request, a report on VIPR 
team operations for the previous year that includes information on 
lessons learned from operations in the previous year and plans for 
program enhancements for the forthcoming year.''.

SEC. 5. SURFACE TRANSPORTATION SECURITY STAKEHOLDER PARTICIPATION.

    (a) In General.--Title XIII of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et seq.) is amended by 
adding at the end the following:

``SEC. 1311. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.

    ``(a) Establishment.--
            ``(1) In general.--The Assistant Secretary shall establish 
        in the Transportation Security Administration an advisory 
        committee, to be known as the Surface Transportation Security 
        Advisory Committee (in this section referred to as the 
        `Advisory Committee'), to assist the Assistant Secretary with 
        issues pertaining to surface transportation security.
            ``(2) Duties.--
                    ``(A) In general.--The Advisory Committee shall 
                develop recommendations for improvements to surface 
                transportation security.
                    ``(B) Recommendations of working groups.--
                Recommendations agreed upon by the working groups 
                established under this section shall be approved by the 
                Advisory Committee for transmission to the Assistant 
                Secretary.
                    ``(C) Periodic reports.--The Advisory Committee 
                shall periodically submit to the Assistant Secretary--
                            ``(i) reports on matters identified by the 
                        Assistant Secretary; and
                            ``(ii) reports on other matters identified 
                        by a majority of the members of the Advisory 
                        Committee.
                    ``(D) Annual report.--The Advisory Committee shall 
                submit to the Assistant Secretary an annual report 
                providing information on the activities, findings, and 
                recommendations of the Advisory Committee, including 
                its working groups, for the preceding year.
            ``(3) Meetings.--The Assistant Secretary shall require the 
        Advisory Committee to meet at least semiannually and may 
        convene additional meetings as necessary.
            ``(4) Unpaid position.--Advisory Committee Members shall 
        serve at their own expense and receive no salary, reimbursement 
        for travel expenses, or other compensation from the Federal 
        Government.
    ``(b) Membership.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Assistant Secretary shall 
        appoint the Advisory Committee, which shall consist of 
        individuals representing not more than 27 member organizations. 
        Each organization shall be represented by one individual (or 
        the individual's designee) and shall include representatives 
        from public transportation agencies, passenger rail agencies or 
        operators, railroad carriers, motor carriers, owners or 
        operators of highways, over-the-road bus operators and terminal 
        owners and operators, pipeline operators, privacy 
        organizations, labor organizations representing employees of 
        such entities, and the surface transportation security 
        technology industry.
            ``(2) Appointments.--Members shall be appointed by the 
        Assistant Secretary and the Assistant Secretary shall have the 
        discretion to review the participation of any Advisory 
        Committee member and remove for cause at any time.
    ``(c) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee under this 
section.
    ``(d) Passenger Carrier Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee a passenger carrier security 
        working group to provide recommendations for successful 
        implementation of initiatives relating to passenger rail, over-
        the-road bus, and public transportation security proposed by 
        the Transportation Security Administration in accordance with 
        statutory requirements, including relevant grant programs and 
        security training provisions.
            ``(2) Meetings.--The working group shall meet at least 
        quarterly and submit information, including recommendations, 
        regarding the Transportation Security Administration's 
        initiatives relating to passenger rail, over-the-road bus, and 
        public transportation security, including grant, training, 
        inspection, or other relevant programs authorized in titles 
        XIII and XIV, and subtitle C of title XV of this Act.
            ``(3) Membership.--The working group shall be appointed by 
        the Assistant Secretary and composed of members from the 
        Advisory Committee with expertise in public transportation, 
        over-the-road bus, or passenger rail systems and operations, 
        and shall be co-chaired by a Government and industry official.
            ``(4) Reports.--The working group shall prepare and submit 
        reports to the Assistant Secretary in accordance with this 
        paragraph that provide recommendations as described in 
        paragraphs (1) and (2), for inclusion in the annual report.
    ``(e) Freight Rail Security Working Group.--
            ``(1) In general.--The Assistant Secretary shall establish 
        within the Advisory Committee a freight rail security working 
        group to provide recommendations for successful implementation 
        of initiatives relating to freight rail security proposed by 
        the Transportation Security Administration in accordance with 
        statutory requirements, including relevant grant programs and 
        security training provisions.
            ``(2) Meetings.--The working group shall meet at least 
        quarterly and submit information, including recommendations, 
        regarding freight rail security to the Advisory Committee for 
        inclusion in the annual report. The submissions shall include 
        recommendations to improve the Transportation Security 
        Administration's initiatives relating to freight rail security, 
        including grant, training, inspection, or other relevant 
        programs authorized in titles XIII and XV of this Act.
            ``(3) Membership.--The working group shall include members 
        from the Advisory Committee with expertise in freight rail 
        systems and operations, and shall be co-chaired by a Government 
        and industry official.
            ``(4) Reports.--The working group shall prepare and submit 
        reports to the Assistant Secretary in accordance with this 
        paragraph that provide recommendations as described in 
        paragraphs (1) and (2), for inclusion in the annual report''.
    (b) Conforming Amendment.--The table of contents set forth in 
section 1(b) of the Implementing Recommendations of the 9/11 Commission 
Act of 2007 (Public Law 110-53) is amended by inserting after the item 
relating to section 1310 the following new item:

``Sec. 1311. Surface Transportation Security Advisory Committee.''.

SEC. 6. HUMAN CAPITAL PLAN FOR SURFACE TRANSPORTATION SECURITY 
              PERSONNEL.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Assistant Secretary shall submit to the 
appropriate congressional committees a human capital plan for hiring, 
initial and recurrent training, managing, and compensating surface 
transportation security personnel, including surface transportation 
security inspectors.
    (b) Consultation.--In developing the human capital plan, the 
Assistant Secretary shall consult with the Chief Human Capital Officer 
of the Department of Homeland Security, the Director of the Surface 
Transportation Security Inspection Office, the Inspector General of the 
Department of Homeland Security, and the Comptroller General.
    (c) Approval.--Prior to submission, the human capital plan shall be 
reviewed and approved by the Chief Human Capital Officer of the 
Department of Homeland Security.
    (d) Workforce Study.--Not later than 180 days after the date of 
enactment of this Act, the Chief Human Capital Officer of the 
Department of Homeland Security shall conduct a workforce study of the 
Transportation Security Inspection Program to assess full-time 
equivalent personnel requirements for transportation security 
inspectors. The workforce study shall evaluate the extent to which the 
Assistant Secretary has--
            (1) addressed recommendations issued by the Comptroller 
        General of the United States and the Inspector General of the 
        Department of Homeland Security regarding the management of the 
        transportation security inspector workforce; and
            (2) established projections for full-time equivalent 
        personnel requirements to execute responsibilities, including 
        training and security assessments, with respect to public 
        transportation agencies, rail carriers, and intercity bus 
        carriers.

SEC. 7. SURFACE TRANSPORTATION SECURITY TRAINING.

    (a) Status Report.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall submit a report to the 
appropriate congressional committees on the status of the Department's 
implementation of sections 1408, 1517, and 1534 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 
1167, and 1184), including detailed timeframes for development and 
issuance of the transportation security training regulations required 
under such sections.
    (b) Private Providers.--Not later than one year after the date of 
enactment of this Act, the Assistant Secretary shall identify criteria 
and establish a process for approving and maintaining a list of 
approved private third-party providers of security training with whom 
surface transportation entities may enter into contracts, as needed, 
for the purpose of satisfying security training requirements of the 
Department of Homeland Security, including requirements developed under 
sections 1408, 1517, and 1534 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184), in 
accordance with section 103 of this Act.

SEC. 8. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) According to the Worldwide Incidents Tracking System 
        maintained by the National Counter Terrorism Center, from 
        January 2004 to July 2008, 530 terrorist attacks were waged 
        worldwide against mass transit systems, resulting in over 2,000 
        deaths and over 9,000 injuries.
            (2) Rail and mass transit systems are an attractive target 
        for terrorists and terrorist organizations as evidenced by the 
        March 2004 attack on the Madrid, Spain system, the July 2005 
        attack on the London, England system, the July 2006 and 
        November 2008 attacks on the Mumbai, India system, and the 
        March 2010 attack on the Moscow, Russia system.
            (3) In 2009, United States law enforcement entities 
        uncovered and disrupted a major plot by an al Qaeda terrorist 
        to attack the New York City subway system.
            (4) Each weekday 11,300,000 passengers depend on our 
        Nation's mass transit systems as a means of transportation.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) our Nation's rail and mass transit systems are critical 
        infrastructure that facilitate our Nation's economy, and the 
        Department of Homeland Security has a critical role to play to 
        help protect this critical infrastructure against terrorist 
        attack and other security threats;
            (2) the Transportation Security Grant Program, as 
        administered by the Department of Homeland Security, provides 
        critical resources to transit agencies in high-risk areas for 
        operational security enhancements and on-the-ground efforts to 
        reduce the consequences of a terrorist attack; and
            (3) funding for the Transportation Security Grant Program 
        should be restored from the fiscal year 2011 reductions to 
        ensure that transit agencies in high-risk areas have adequate 
        resources to protect their systems and passengers from 
        terrorist threats.

SEC. 9. TRANSPORTATION SECURITY GRANT PROGRAM.

    (a) Sense of Congress.--It is the sense of Congress that grants 
under the Transportation Security Grant Program, as administered by the 
Department of Homeland Security, should be provided to high-risk 
surface transportation systems in a manner that supports regional 
security cooperation.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Inspector General of the Department of Homeland Security 
shall submit to the appropriate congressional committees report on the 
roles and responsibilities of the Transportation Security 
Administration, the Federal Emergency Management Agency and any other 
relevant component of the Department of Homeland Security in 
administering security assistance grants under section 1406 of the 
Implementing Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1135).
    (c) Contents.--The report shall--
            (1) describe the roles and responsibilities of the 
        Transportation Security Administration and Federal Emergency 
        Management Agency, at different stages of the grant process, 
        including the allocation stage, the award stage, and the 
        distribution stage;
            (2) identify areas in which relevant components of the 
        Department, including the Transportation Security 
        Administration and Federal Emergency Management Agency, may 
        better integrate or coordinate their activities in order to 
        streamline the grant administration process and improve the 
        efficiency of the project approval process for grantees;
            (3) assess the current state of public transportation and 
        passenger rail security expertise possessed by relevant 
        personnel involved in the grant administration or project 
        approval processes carried out by relevant components of the 
        Department, including the Transportation Security 
        Administration and Federal Emergency Management Agency; and
            (4) include recommendations for how each relevant component 
        of the Department, including the Transportation Security 
        Administration, may further clarify, coordinate, or maximize 
        its roles and responsibilities in administering grant funds and 
        approving grant projects under such section 1406.

SEC. 10. PASSENGER RAIL SECURITY DEMONSTRATION PROJECT.

    (a) Demonstration Project.--The Assistant Secretary, in 
consultation with the Under Secretary for Science and Technology of the 
Department of Homeland Security, may conduct a demonstration project in 
a passenger rail system to test and assess the feasibility and 
effectiveness of technologies to strengthen the security of passenger 
rail systems against terrorist attacks involving the use of improvised 
explosive devices.
    (b) Security Technologies.--Any demonstration project under this 
section shall test and assess technologies, such as canines and 
commercially available technologies, to--
            (1) detect improvised explosive devices on station 
        platforms, through the use of foreign object detection programs 
        in conjunction with cameras; and
            (2) defeat improvised explosive devices left on rail 
        tracks.
    (c) Report to Congress.--Not later than 180 days after completion 
of the demonstration project under this section, the Assistant 
Secretary shall submit a report to the appropriate congressional 
committees on the results of the demonstration project.

SEC. 11. EXPLOSIVES DETECTION CANINE TEAMS.

    Section 1307 of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (6 U.S.C. 1116) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A), by striking ``2010'' and 
                inserting ``2011''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Allocation.--
                    ``(A) In general.--The Assistant Secretary shall 
                increase the number of canine teams certified by the 
                Transportation Security Administration for the purpose 
                of passenger rail and public transportation security 
                activities to not less than 200 canine teams by the end 
                of fiscal year 2011.
                    ``(B) Cooperative agreements.--The Assistant 
                Secretary shall expand the use of canine teams to 
                enhance passenger rail and public transportation 
                security by entering into cooperative agreements with 
                passenger rail and public transportation agencies 
                eligible for security assistance under section 1406 of 
                this Act for the purpose of deploying and maintaining 
                canine teams to such agencies for use in passenger rail 
                or public transportation security activities and 
                providing for assistance in an amount not less than 
                $75,000 for each canine team deployed, to be adjusted 
                by the Assistant Secretary for inflation.
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated to the Assistant 
                Secretary such sums as may be necessary to carry out 
                this paragraph for fiscal years 2012 and 2013.'';
            (2) in subsection (d)--
                    (A) in paragraph (1) by striking ``use'' and 
                inserting the following: ``deploy in a risk-based 
                manner'';
                    (B) in paragraph (3), by striking ``and'';
                    (C) in paragraph (4), by striking the period at the 
                end and inserting the following: ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(5) expand the use of canine teams trained to detect 
        vapor wave trails in passenger rail and public transportation 
        security environments, as the Secretary, in consultation with 
        the Assistant Secretary, determines appropriate.'';
            (3) in subsection (e), by striking ``, if appropriate,'' 
        and inserting ``, to the extent practicable,''; and
            (4) by striking subsection (f) and inserting the following 
        new subsection (f):
    ``(f) Report.--Not later than one year after the date of the 
enactment of the Surface Transportation and Mass Transit Security Act 
of 2011, the Comptroller General of the United States shall submit to 
the appropriate congressional committees a report on--
            ``(1) utilization of explosives detection canine teams to 
        strengthen security in passenger rail and public transportation 
        environments;
            ``(2) the capacity of the national explosive detection 
        canine team program as a whole; and
            ``(3) how the Assistant Secretary could better support 
        State and local passenger rail and public transportation 
        entities in maintaining certified canine teams for the life of 
        the canine, including by providing financial assistance.''.

SEC. 12. MASS TRANSIT AND OTHER SURFACE TRANSPORTATION SECURITY 
              AWARENESS PROGRAM.

    (a) In General.--Subtitle C of title XV of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1181 et 
seq.) is amended by adding at the end the following:

``SEC. 1543. SURFACE TRANSPORTATION SECURITY AWARENESS PROGRAM.

    ``(a) Findings.--Congress finds the following:
            ``(1) According to the Federal Highway Administration, the 
        Nation's highway transportation system includes approximately 4 
        million miles of roadways, 600,000 bridges, and 50 tunnels of 
        more than 500 meters in length, supports 86 percent of all 
        personal travel and 80 percent of the Nation's freight, and 
        serves as a key component in national defense mobility.
            ``(2) The United States highway system is inherently 
        vulnerable to terrorist attack because of its inherent 
        openness, where vehicles and their operators can move freely 
        and virtually without restriction.
            ``(3) The Transportation Security Administration's 
        voluntary surface and mass transportation security awareness 
        program, known as the First Observer Program, leverages the 
        skills and experience of transportation professionals, 
        including truck drivers, and empowers them to act as `first 
        observers' in reporting suspicious activities to Federal 
        security authorities.
            ``(4) The Transportation Security Administration credits 
        the First Observer Program with helping to disrupt the 
        hijacking of an inter-state bus traveling from Richmond, 
        Virginia, to Durham, North Carolina, and a potential terrorist 
        plot involving the purchase and transport of suspiciously large 
        quantities of hazardous chemicals.
    ``(b) Requirement To Carry Out First Observer Program.--The 
Secretary shall carry out a First Observer Program, under which mass 
transit and other surface transportation professionals and related 
stakeholders may report to the Assistant Secretary suspicious 
activities or security threats that may be related to a potential 
transportation security incident or act of terrorism.
    ``(c) Program Requirements.--Under the First Observer Program the 
Assistant Secretary shall--
            ``(1) maintain a call center, on a 24-hour basis, to which 
        a surface transportation professionals or related stakeholder 
        can report suspicious activities or security threats that may 
        be related to a potential transportation security incident or 
        act of terrorism;
            ``(2) evaluate reports received from surface transportation 
        professionals and transmit information, as appropriate, to 
        relevant State, local, tribal law enforcement and private 
        sector partners;
            ``(3) disburse voluntary guidance to private sector 
        partners, including motor coach operators, school bus 
        operators, trucking companies, parking facility operators, 
        professional athletic venue operators, port operators, indirect 
        air carriers, on how to identify and report a suspicious 
        activity or security threat that may be related to a potential 
        transportation security incident or act of terrorism; and
            ``(4) publicize the security awareness program to private 
        sector partners and encourage surface transportation 
        professionals or related stakeholder to participate in the 
        program.
    ``(d) Reports.--Not later than one-year after enactment of the 
Surface Transportation and Mass Transit Security Act of 2011, the 
Assistant Secretary shall submit to the appropriate congressional 
committees information on the Assistant Secretary's activities under 
this section including information on the extent to which private 
sector partners participated in the program, the number reports 
received at the call center, the disposition of those reports, and the 
impact of the program on the Assistant Secretary's efforts to secure 
surface transportation modes.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $5,000,000 annually for the necessary 
expenses of the First Observer Program.''.
    (b) Conforming Amendment.--The table of contents set forth in 
section 1(b) of the Implementing Recommendations of the 9/11 Commission 
Act of 2007 is amended by inserting after the item relating to section 
1542 the following new item:

``Sec. 1543. Surface transportation security awareness program.''.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security of the House of Representatives and any 
        committee of the House of Representatives or the Senate having 
        legislative jurisdiction under the rules of the House of 
        Representatives or Senate, respectively, over the matter 
        concerned.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Homeland Security 
        (Transportation Security Administration).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
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