II 

114TH CONGRESS 

2D SESSION S. 3379 

To improve surface transportation and maritime security. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2016 

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 transportation and maritime 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 Transportation and Maritime 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 transportation and maritime threat assessment and implementation of risk-based strategy. 

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

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

Sec. 6. Transparency. 

Sec. 7. TSA counterterrorism asset deployment. 

Sec. 8. Surface Transportation and Maritime Security Advisory Committee. 


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Sec. 9. Review of Explosives Detection Canine Team Program. 

Sec. 10. Explosive detection technology. 

Sec. 11. Expansion of National Explosives Detection Canine Team Program. 

Sec. 12. Study on security standards and practices for mass transit and passenger rail. 

Sec. 13. Rail security services. 

Sec. 14. Systemwide Amtrak security upgrades. 

Sec. 15. Passenger rail vetting. 

Sec. 16. Surface transportation inspectors. 

Sec. 17. Transportation Worker Identification Credential improvements and assessment. 

Sec. 18. Military priority for TWIC applications. 

Sec. 19. Voluntary adoption of Transportation Worker Identification Credential. 

Sec. 20. Cargo container scanning technology review. 

Sec. 21. Background records checks for issuance of hazmat licenses. 

Sec. 22. 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) DEPARTMENT.—The term ‘‘Department’’ 

7 means the Department of Homeland Security. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Homeland Security. 

10 SEC. 3. SURFACE TRANSPORTATION AND MARITIME 

11 THREAT ASSESSMENT AND IMPLEMENTA12 TION OF RISK-BASED STRATEGY. 

13 (a) THREAT ASSESSMENT.—Not later than 90 days 

14 after the date of enactment of this Act, the Administrator 

15 shall complete an assessment of the threats posed to sur16 face transportation and maritime systems. 


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1 (b) CONSIDERATIONS.—In conducting the assess2 ment under subsection (a), the Administrator shall con3 sider— 

4 (1) appropriate intelligence; 

5 (2) security breaches and attacks at domestic 

6 and international transportation facilities; 

7 (3) the vulnerabilities associated with specific 

8 modes of transportation; 

9 (4) current and prospective allocation of agency 

10 and stakeholder resources to mitigate threats; 

11 (5) the systems and practices designed to miti12 gate the vulnerabilities identified in paragraph (3); 

13 and 

14 (6) the vetting and security training of— 

15 (A) frontline employees in surface trans16 portation and maritime systems; and 

17 (B) other individuals with access to sen18 sitive or secure areas of transportation net19 works. 

20 (c) IMPLEMENTATION OF RISK-BASED STRATEGY.— 

21 Using the results of the assessment completed under sub22 section (a), the Administrator shall— 

23 (1) develop and implement a cross-cutting, risk24 based security strategy that— 


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1 (A) encompasses all transportation modes; 

2 and 

3 (B) establishes priorities, milestones, and 

4 performance metrics to measure the effective5 ness of the strategy; 

6 (2) identify the objectives of, and evaluate the 

7 efficacy of, existing surface transportation and mari8 time security programs, policies, and initiatives; 

9 (3) identify any additional risk-based programs 

10 that the Administrator considers necessary to ad11 dress the threats and vulnerabilities identified in the 

12 assessment; 

13 (4) determine the extent to which stakeholder 

14 security programs address the threats and 

15 vulnerabilities identified in the assessment, including 

16 any security vulnerabilities in existing programs; 

17 (5) provide guidelines for aligning resources 

18 with risk; 

19 (6) develop planning processes to inform re20 source allocation; 

21 (7) review current practices, including specific 

22 processes, for sharing relevant and timely intel23 ligence threat information with appropriate stake24 holders; 


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1 (8) in consultation with the Secretary, the Sec2 retary of Transportation, and the Commandant of 

3 the Coast Guard, adjust and update, as appropriate, 

4 the National Infrastructure Protection Plan, the 

5 modal annexes to such plan, and the Department’s 

6 surface transportation and maritime security pro7 grams, policies, and initiatives; 

8 (9) modify the risk-based priorities and re9 source allocation, in accordance with section 4(c), 

10 for the Transportation Security Administration; and 

11 (10) develop a management oversight strategy 

12 that identifies the parties responsible for the imple13 mentation, management, and oversight of the secu14 rity strategy under paragraph (1). 

15 (d) REPORTS TO CONGRESS.— 

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

17 after the completion of the assessment under sub18 section (a), the Administrator shall submit a report 

19 to the Committee on Commerce, Science, and Trans20 portation of the Senate and the Committee on 

21 Homeland Security of the House of Representatives 

22 that— 

23 (A) describes the findings of the assess24 ment; 


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1 (B) includes a plan for implementing the 

2 security strategy; and 

3 (C) includes the management oversight 

4 strategy under subsection (c)(10). 

5 (2) UPDATES.—The Administrator shall pro6 vide periodic updates to the report submitted under 

7 paragraph (1) that describe the surface transpor8 tation and maritime threat environment, based on 

9 new information obtained by the Administrator. 

10 (e) THREAT UPDATES.—Not less frequently than 

11 semiannually, the Administrator shall report to or brief 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate and the Committee on Homeland Security 

14 of the House of Representatives regarding threats to sur15 face transportation and maritime security. 

16 SEC. 4. RISK-BASED BUDGETING AND RESOURCE ALLOCA17 TION. 

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

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

20 Management and Budget, the Administrator shall submit 

21 a report to the Committee on Commerce, Science, and 

22 Transportation of the Senate and the Committee on 

23 Homeland Security of the House of Representatives that 

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1 face transportation and maritime sectors within and 

2 across modes that— 

3 (1) reflects the risk-based priorities identified 

4 under section 3(c); 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 transportation and maritime 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 Administration allocates any 

16 resources or personnel, including personnel sharing, 

17 detailing, or assignment, or the use of facilities, 

18 technology systems, or vetting resources, for a non19 transportation security purpose or event, the Sec20 retary shall provide the notification described in 

21 paragraph (2) to the Committee on Commerce, 

22 Science, and Transportation of the Senate and the 

23 Committee on Homeland Security of the House of 

24 Representatives. 


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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 agency of the 

8 personnel or resource allocation. 

9 SEC. 5. SURFACE TRANSPORTATION AND MARITIME SECU10 RITY MANAGEMENT REVIEW. 

11 (a) REPORT.—Not later than 1 year after the date 

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

13 United States shall submit a report to Congress on the 

14 staffing, resource and personnel allocation, oversight 

15 strategy, and management of the Transportation Security 

16 Administration’s surface transportation and maritime se17 curity programs. 

18 (b) CONTENTS.—The report required under sub19 section (a) shall include information on the coordination 

20 between the Transportation Security Administration, 

21 other Federal agencies, and relevant stakeholders. 

22 (c) CONSIDERATIONS.—The report required under 

23 subsection (a) shall review the coordination of leadership, 

24 planning, policy, and implementation of security programs 

25 relating to surface transportation and maritime security. 


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1 SEC. 6. TRANSPARENCY. 

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

3 date of enactment of this Act, and every 180 days there4 after until final rules have been issued for all of the re5 quirements described in paragraphs (1), (2), and (3), the 

6 Administrator shall publish on a public website informa7 tion regarding the status of— 

8 (1) regulations required under titles XIII, XIV, 

9 and XV of the Implementing Recommendations of 

10 the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et 

11 seq.) and under this Act that have not been fully im12 plemented or for which no interim final rule or di13 rect final rule has been issued; 

14 (2) regulations relating to surface transpor15 tation security (other than a regulation described 

16 under paragraph (1)) that was required by law to be 

17 issued at least 2 years before the initial date of pub18 lication under this subsection, but has not been 

19 issued; and 

20 (3) other transportation security rulemakings 

21 categorized as significant. 

22 (b) CONTENTS.—The information published under 

23 subsection (a) shall include— 

24 (1) a description of the work plan for each out25 standing regulation; 


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1 (2) an updated rulemaking schedule for each 

2 outstanding regulation; 

3 (3) current staff allocations; 

4 (4) current data collection or research relating 

5 to the development of the rulemaking; 

6 (5) current collaborative efforts, if any, with se7 curity experts, advisory committees, and other stake8 holders; 

9 (6) identified resource constraints impacting the 

10 rulemaking process for the outstanding regulation; 

11 and 

12 (7) other relevant details associated with the 

13 development of the rulemaking that impact the 

14 progress of the rulemaking. 

15 (c) INSPECTOR GENERAL REVIEW.—Not later than 

16 180 days after the date of enactment of this Act, and 

17 every 2 years thereafter until all of the requirements under 

18 titles XIII, XIV, and XV of the Implementing Rec19 ommendations of the 9/11 Commission Act of 2007 (6 

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

21 implemented, the Inspector General of the Department 

22 shall submit a report to the Committee on Commerce, 

23 Science, and Transportation of the Senate and the Com24 mittee on Homeland Security and the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives that— 

3 (1) identifies the requirements under such titles 

4 and under this Act that have not been fully imple5 mented; 

6 (2) considers whether additional regulatory ac7 tion is necessary; and 

8 (3) recommends any regulatory requirements 

9 that should be modified or repealed. 

10 SEC. 7. TSA COUNTERTERRORISM ASSET DEPLOYMENT. 

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

12 Administration deploys any counterterrorism personnel or 

13 resource, such as explosive detection sweeps, random bag 

14 inspections, or patrols by Visible Intermodal Protection 

15 and Response teams, to enhance security at a transpor16 tation system or transportation facility for a period of not 

17 less than 180 days, the Administrator shall provide suffi18 cient notification to the system operator not less than 14 

19 days prior to terminating the deployment. 

20 (b) SUFFICIENT NOTIFICATIONS.—In determining 

21 whether notification under subsection (a) is sufficient, the 

22 Administrator shall consider whether the transportation 

23 system, transportation facility, or operator thereof has 

24 sufficient resources to replace the asset and maintain an 

25 appropriate level of security. 


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1 (c) EXCEPTION.—This section shall not apply if— 

2 (1) the Administrator determines there is an 

3 urgent security need for the personnel or resource 

4 described in subsection (a); and 

5 (2) notifies the Committee on Commerce, 

6 Science, and Transportation of the Senate and the 

7 Committee on Homeland Security of the House of 

8 Representatives. 

9 SEC. 8. SURFACE TRANSPORTATION AND MARITIME SECU10 RITY ADVISORY COMMITTEE. 

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

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

13 is amended by adding at the end the following: 

14 ‘‘SEC. 404. SURFACE TRANSPORTATION AND MARITIME SE15 CURITY ADVISORY COMMITTEE. 

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

17 Transportation Security Administration (referred to in 

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

19 Transportation Security Administration the Surface 

20 Transportation and Maritime Security Advisory Com21 mittee (referred to in this section as ‘Advisory Com22 mittee’). 

23 ‘‘(b) DUTIES.— 

24 ‘‘(1) IN GENERAL.—The Administrator, while 

25 adhering to appropriate security guidelines, shall 


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1 consult with the Advisory Committee, as appro2 priate, on surface transportation and maritime secu3 rity matters, including the development, refinement, 

4 and implementation of policies, programs, initiatives, 

5 rulemakings, and security directives pertaining to 

6 surface transportation and maritime security. 

7 ‘‘(2) RECOMMENDATIONS.—The Advisory Com8 mittee shall develop recommendations for improve9 ments to surface transportation and maritime secu10 rity. 

11 ‘‘(3) PERIODIC REPORTS.—The Advisory Com12 mittee shall periodically submit reports to the Ad13 ministrator on matters requested by the Adminis14 trator or by a majority of the members of the Advi15 sory Committee. 

16 ‘‘(4) ANNUAL REPORT.— 

17 ‘‘(A) SUBMISSION.—The Advisory Com18 mittee shall submit an annual report to the Ad19 ministrator, the Committee on Commerce, 

20 Science, and Transportation of the Senate and 

21 the Committee on Homeland Security of the 

22 House of Representatives that provides infor23 mation on the activities, findings, and rec24 ommendations of the Advisory Committee dur25 ing the preceding year. 


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

2 months after each date on which the Adminis3 trator receives an annual report under subpara4 graph (A), the Administrator shall publish a 

5 public version of the report, in accordance with 

6 section 552b of title 5, United States Code. 

7 ‘‘(5) FEEDBACK.—Not later than 90 days after 

8 the date on which the Administrator receives rec9 ommendations from the Advisory Committee under 

10 paragraph (4)(A), the Administrator shall submit to 

11 the Advisory Committee— 

12 ‘‘(A) written feedback about each of the 

13 recommendations; 

14 ‘‘(B) an action plan to implement those 

15 recommendations with which the Administrator 

16 concurs; and 

17 ‘‘(C) a justification for each recommenda18 tion the Administrator rejects. 

19 ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not 

20 later than 30 days after providing written feedback 

21 to the Advisory Committee under paragraph (5), the 

22 Administrator shall— 

23 ‘‘(A) notify the Committee on Commerce, 

24 Science, and Transportation of the Senate and 


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1 the Committee on Homeland Security of the 

2 House of Representatives of such feedback; and 

3 ‘‘(B) provide such committees with a brief4 ing upon request. 

5 ‘‘(7) UPDATES TO CONGRESS.—Not later than 

6 90 days after the date of enactment of the Surface 

7 Transportation and Maritime Security Act, and 

8 quarterly thereafter until a recommendation is 

9 closed, the Administrator shall submit a report to 

10 Congress or post on a public website an update on 

11 the status of recommendations included in the report 

12 under paragraph (4). 

13 ‘‘(8) WEBSITE.—The Administrator shall main14 tain a public website that— 

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

16 Committee; 

17 ‘‘(B) provides the contact information for 

18 the Advisory Committee; and 

19 ‘‘(C) provides minutes of meetings, rec20 ommendations, and other relevant documents, 

21 as appropriate. 

22 ‘‘(c) MEMBERSHIP.— 

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

24 shall be composed of— 


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1 ‘‘(A) voting members appointed by the Ad2 ministrator under paragraph (2); and 

3 ‘‘(B) nonvoting members, serving in an ad4 visory capacity, who shall be designated by— 

5 ‘‘(i) the Transportation Security Ad6 ministration; 

7 ‘‘(ii) the Department of Transpor8 tation; 

9 ‘‘(iii) the Coast Guard; and 

10 ‘‘(iv) such other Federal department 

11 or agency with regulatory authority over a 

12 mode of surface transportation or maritime 

13 as the Administrator considers appro14 priate. 

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

16 appoint voting members from among stakeholders 

17 representing passenger rail, freight rail, mass tran18 sit, pipelines, highways, over-the-road bus and truck19 ing, and port and maritime industries, including rep20 resentatives from— 

21 ‘‘(A) associations representing such surface 

22 transportation or maritime modes; 

23 ‘‘(B) labor organizations representing such 

24 surface transportation or maritime modes; 


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

2 surface transportation or maritime modes, in3 cluding shippers and asset manufacturers, as 

4 appropriate; 

5 ‘‘(D) relevant law enforcement, first re6 sponders, and security experts; and 

7 ‘‘(E) such other groups as the Adminis8 trator considers appropriate. 

9 ‘‘(3) TERM OF OFFICE.— 

10 ‘‘(A) TERMS.— 

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

12 voting member of the Advisory Committee 

13 shall be 2 years, but a voting member may 

14 continue to serve until the Administrator 

15 appoints a successor. 

16 ‘‘(ii) REAPPOINTMENT.—A voting 

17 member of the Advisory Committee may be 

18 reappointed. 

19 ‘‘(B) REMOVAL.—The Administrator may 

20 review the participation of a member of the Ad21 visory Committee and remove such member for 

22 cause at any time. 

23 ‘‘(4) PROHIBITION ON COMPENSATION.—The 

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1 ceive any compensation from the Government by 

2 reason of their service on the Advisory Committee. 

3 ‘‘(5) MEETINGS.— 

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

5 shall require the Advisory Committee to meet at 

6 least semiannually in person or through Web 

7 conferencing and may convene additional meet8 ings as necessary. 

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

10 the meetings of the Advisory Committee each 

11 year shall be— 

12 ‘‘(i) announced in the Federal Reg13 ister; 

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

15 and 

16 ‘‘(iii) open to the public. 

17 ‘‘(C) ATTENDANCE.—The Advisory Com18 mittee shall maintain a record of the persons 

19 present at each meeting. 

20 ‘‘(D) MINUTES.— 

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

22 prohibited by other Federal law, minutes 

23 of the meetings shall be published on the 

24 public website required under subsection 

25 (b)(8). 


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1 ‘‘(ii) PROTECTION OF CLASSIFIED

2 AND SENSITIVE INFORMATION.—The Advi3 sory Committee may redact or summarize, 

4 as necessary, minutes of the meetings to 

5 protect classified or other sensitive infor6 mation in accordance with law. 

7 ‘‘(6) VOTING MEMBER ACCESS TO CLASSIFIED

8 AND SENSITIVE SECURITY INFORMATION.— 

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

10 60 days after the date on which a voting mem11 ber is appointed to the Advisory Committee, the 

12 Administrator shall determine if the voting 

13 member should be restricted from reviewing, 

14 discussing, or possessing sensitive security in15 formation. 

16 ‘‘(B) ACCESS.—If a voting member is not 

17 restricted from possessing sensitive security in18 formation under subparagraph (A) and volun19 tarily signs a nondisclosure agreement, the vot20 ing member may be granted access to sensitive 

21 security information that is relevant to the vot22 ing member’s service on the Advisory Com23 mittee. Access to classified materials shall be 

24 managed under the requirements set forth in 


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1 section 503.59 of title 46, Code of Federal Reg2 ulations. 

3 ‘‘(C) PROTECTION OF SSI.—Voting mem4 bers shall protect sensitive security information 

5 in accordance with part 1520 of title 49, Code 

6 of Federal Regulations. 

7 ‘‘(D) PROTECTION OF CLASSIFIED INFOR8 MATION.—Voting members shall protect classi9 fied information in accordance with the applica10 ble requirements for the particular level of clas11 sification. 

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

13 shall select a chairperson from among its voting 

14 members. 

15 ‘‘(8) RISK-BASED SECURITY.—The Advisory 

16 Committee shall consider risk-based security ap17 proaches in the performance of its functions. 

18 ‘‘(9) JOINT COMMITTEE MEETINGS.—The Advi19 sory Committee may meet with the Aviation Security 

20 Advisory Committee established under section 44946 

21 of title 49, United States Code, to discuss 

22 multimodal security issues and other security-related 

23 issues of common concern. 

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1 ject matter experts with expertise related to the ju2 risdiction of the Advisory Committee.’’. 

3 (b) ADVISORY COMMITTEE MEMBERS.— 

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

5 days after the date of enactment of this Act, the Ad6 ministrator shall appoint the voting members of the 

7 Surface Transportation and Maritime Security Advi8 sory Committee established pursuant to section 404 

9 of the Homeland Security Act of 2002, as added by 

10 subsection (a). The voting members shall consist of 

11 representatives of each surface transportation mode 

12 and the maritime mode. 

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

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

15 Federal Government department and agency with 

16 regulatory authority over a mode of surface trans17 portation or maritime, as the Administrator con18 siders appropriate, shall designate an appropriate 

19 representative to serve as a nonvoting member of the 

20 Surface Transportation and Maritime Security Advi21 sory Committee. 

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

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

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

25 after the item relating to section 403 the following: 


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

1 SEC. 9. REVIEW OF EXPLOSIVES DETECTION CANINE TEAM 

2 PROGRAM. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Inspector General of the Department 

5 shall— 

6 (1) review— 

7 (A) the Transportation Security Adminis8 tration’s deployment strategy for explosive de9 tection canine teams, including consideration of 

10 whether the Administration’s analysis of risk to 

11 transportation facilities and transportation sys12 tems is appropriate; 

13 (B) the canine training, handler training, 

14 ongoing training, and updates to such training; 

15 and 

16 (C) the use of the assets during high 

17 threat periods, including the reallocation of Na18 tional Explosives Detection Canine Team Pro19 gram resources during high threat periods; and 

20 (2) submit to Congress a report on the review, 

21 including any recommendations on the appropriate 

22 number of canine assets needed to enhance security 

23 at high-risk facilities, such as high volume passenger 

24 transportation systems and facilities. 


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1 SEC. 10. EXPLOSIVE DETECTION TECHNOLOGY. 

2 The Secretary, in coordination with the Director of 

3 the National Institute of Standards and Technology, shall 

4 research and facilitate next generation technologies to de5 tect explosives in transportation systems and transpor6 tation facilities. 

7 SEC. 11. EXPANSION OF NATIONAL EXPLOSIVES DETEC8 TION CANINE TEAM PROGRAM. 

9 (a) DEFINITIONS.—In this section, the term ‘‘explo10 sives detection canine team’’ means a canine and a canine 

11 handler that are trained to detect explosives, radiological 

12 materials, chemical, nuclear or biological weapons, or 

13 other threats as defined by the Secretary. 

14 (b) IN GENERAL.—The Secretary may encourage 

15 State, local, and tribal governments and private owners 

16 of high-risk transportation facilities to strengthen security 

17 through the use of explosives detection canine teams. 

18 (c) INCREASED CAPACITY.— 

19 (1) IN GENERAL.—Before the date the Inspec20 tor General of the Department submits the report 

21 under section 9, the Secretary may increase the 

22 number of State and local maritime and surface 

23 transportation canines by not more than 70 explo24 sives detection canine teams. 

25 (2) ADDITIONAL TEAMS.—Beginning on the 

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1 mits the report under section 9, the Secretary may 

2 incrementally increase the number of additional ex3 plosives detection canine teams described in para4 graph (1) to not more than 200 more than are in 

5 service on the date of enactment of this Act or to 

6 not more than the total number of additional explo7 sive detection canine teams recommended by the In8 spector General in that report, whichever is less. 

9 (d) DEPLOYMENT.—The Secretary shall— 

10 (1) use the additional explosives detection ca11 nine teams as part of the Department’s efforts to 

12 strengthen security across the Nation’s surface and 

13 maritime transportation networks; 

14 (2) make available explosives detection canine 

15 teams to all modes of transportation, subject to the 

16 requirements under section 7, for high-risk areas or 

17 to address specific threats, on an as-needed basis 

18 and as otherwise determined appropriate by the Sec19 retary; and 

20 (3) consider specific needs and training require21 ments for explosives detection canine teams to be de22 ployed across the Nation’s surface transportation 

23 network, including in venues of multiple modes of 

24 transportation, as the Secretary considers appro25 priate. 


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1 (e) AUTHORIZATION.—There are authorized to be ap2 propriated to the Secretary such sums as may be nec3 essary to carry out this section for each of fiscal years 

4 2016 through 2020. 

5 SEC. 12. STUDY ON SECURITY STANDARDS AND PRACTICES 

6 FOR MASS TRANSIT AND PASSENGER RAIL. 

7 (a) SECURITY STANDARDS AND PRACTICES FOR

8 MASS TRANSIT AND PASSENGER RAIL.—The Comptroller 

9 General of the United States shall conduct a study that 

10 compares and develops best practices, including cybersecu11 rity, relating to the security standards and practices re12 lated to mass transit, passenger rail networks, and public 

13 areas of other transportation systems employed by the 

14 Transportation Security Administration, Amtrak, State 

15 and local governments, operators of mass transit and pas16 senger rail services, and relevant entities in foreign coun17 tries. 

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

19 date of enactment of this Act, the Comptroller General 

20 shall issue a report that contains— 

21 (1) the findings of the study conducted under 

22 subsection (a); and 

23 (2) any recommendations on changes regarding 

24 security standards and practices to secure mass 


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1 transit and passenger rail networks against terrorist 

2 threats. 

3 SEC. 13. RAIL SECURITY SERVICES. 

4 (a) RAIL SECURITY SERVICES.—The Comptroller 

5 General shall conduct a study of rail security provided by 

6 the Transportation Security Administration to rail carrier 

7 and mass transit systems. 

8 (b) REQUIREMENTS.—In conducting the study under 

9 subsection (a), the Comptroller General shall— 

10 (1) assess the effectiveness of the the Adminis11 tration and stakeholders in improving the security of 

12 rail and mass transit surface transportation; 

13 (2) assess the Administration’s and stake14 holders’ projected needs and associated costs, includ15 ing funding and personnel, to improve and address 

16 security threats for the security of rail and mass 

17 transit surface transportation; and 

18 (3) assess the preparedness of high-risk surface 

19 transportation facilities to prevent and respond to 

20 security threats. 

21 (c) REPORT.—Not later than 18 months after the 

22 date of enactment of this Act, the Comptroller General 

23 shall issue a report that contains the findings of the study 

24 conducted under subsection (a). 


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1 SEC. 14. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

2 (a) RAILROAD SECURITY ASSISTANCE.—Section 

3 1513(b) of the Implementing Recommendations of the 

4 9/11 Commission Act of 2007 (6 U.S.C. 1163(b)) is 

5 amended— 

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

7 the end and inserting ‘‘including communications 

8 interoperability where appropriate with relevant out9 side agencies and entities.’’; 

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

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

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

13 threats’’ and inserting ‘‘security threats and pre14 paredness, including connectivity to the National 

15 Terrorist Screening Center’’; and 

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

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

18 officers’’. 

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

20 Implementing Recommendations of the 9/11 Commission 

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

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

23 connect to the National Terrorism Screening Center 

24 watchlist’’ after ‘‘Secretary’’; 

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

26 the end and inserting a semicolon; 


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

2 at the end and inserting a semicolon; and 

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

4 ‘‘(I) for improvements to passenger 

5 verification systems; and 

6 ‘‘(J) for improvements to employee and 

7 contractor verification systems, including iden8 tity verification technology.’’. 

9 SEC. 15. PASSENGER RAIL VETTING. 

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

11 date on which the Amtrak Chief of Police and the Amtrak 

12 Board of Directors jointly submit a request to the Admin13 istrator, the Administrator shall issue a decision on the 

14 use by Amtrak of the Transportation Security Administra15 tion’s Secure Flight Program or a similar passenger vet16 ting system to enhance passenger rail security. 

17 (b) STRATEGIC PLAN.—The decision under sub18 section (a) shall include a strategic plan for working with 

19 rail stakeholders to enhance passenger rail security by vet20 ting passengers using terrorist watch lists maintained by 

21 the Federal Government or a similar passenger vetting 

22 system maintained by the Transportation Security Admin23 istration. 


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1 SEC. 16. SURFACE TRANSPORTATION INSPECTORS. 

2 Not later than 180 days after the date of enactment 

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

4 shall submit a report to Congress that— 

5 (1) identifies the roles and responsibilities of 

6 surface transportation security inspectors authorized 

7 under section 1304 of the Implementing Rec8 ommendations of the 9/11 Commission Act of 2007 

9 (6 U.S.C. 1113); 

10 (2) determines the extent to which the Trans11 portation Security Administration has used a risk12 based, strategic approach to determine the appro13 priate number of surface transportation security in14 spectors and resource allocation across surface 

15 transportation modes and field offices; 

16 (3) determines if the Transportation Security 

17 Administration’s surface transportation policies and 

18 regulations are risk-based; 

19 (4) determines whether opportunities exist to 

20 improve risk-based policies and regulations; 

21 (5) determines whether surface transportation 

22 security inspectors— 

23 (A) have appropriate qualifications to help 

24 secure and inspect surface transportation sys25 tems; and 


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1 (B) have adequate experience and training 

2 to perform the responsibilities identified under 

3 paragraph (1); 

4 (6) evaluates feedback from regulated surface 

5 transportation industry stakeholders on the effective6 ness of surface transportation security inspectors 

7 and inspection programs to the overall security of 

8 the surface transportation systems of such stake9 holders; 

10 (7) evaluates the consistency of surface trans11 portation inspections and regulatory enforcement; 

12 (8) identifies any duplication or redundancy be13 tween the Transportation Security Administration 

14 and the Department of Transportation relating to 

15 surface transportation security inspections or over16 sight; and 

17 (9) provides recommendations, if any, relating 

18 to— 

19 (A) the risk-based use of inspection re20 sources for security enhancement in surface and 

21 maritime transportation; and 

22 (B) improvements to the Transportation 

23 Security Administration’s Surface Transpor24 tation Security Inspection Program, including 

25 changes in organizational and supervisory 


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1 structures and coordination procedures to en2 hance consistency and effectiveness in inspec3 tion and compliance activities. 

4 SEC. 17. TRANSPORTATION WORKER IDENTIFICATION CRE5 DENTIAL IMPROVEMENTS AND ASSESSMENT. 

6 (a) CREDENTIAL IMPROVEMENTS.— 

7 (1) IN GENERAL.—Not later than 60 days after 

8 the date of enactment of this Act, the Administrator 

9 shall establish a process to improve background 

10 checks and terrorism vetting processes that in11 cludes— 

12 (A) establishing an entity within the Office 

13 of Intelligence and Analysis to provide guidance 

14 on security threat assessment processes; 

15 (B) conducting a comprehensive risk anal16 ysis of the security threat assessment processes 

17 to identify areas needing additional internal 

18 controls and quality assurance procedures and 

19 implementing those procedures; 

20 (C) improving fraud detection techniques, 

21 such as— 

22 (i) establishing benchmarks and a 

23 process for electronic document validation; 

24 (ii) requiring annual training for 

25 Trusted Agents; and 


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1 (iii) establishing a process to review 

2 and analyze additional information pro3 vided by Trusted Agents during the review 

4 process; 

5 (D) updating guidance and finalizing a 

6 manual for Trusted Agents and adjudicators to 

7 ensure clear guidance on processes and regula8 tions; and 

9 (E) establishing quality controls to ensure 

10 consistent procedures to review adjudication de11 cisions and terrorism vetting decisions. 

12 (2) REPORT.—Not later than 2 years after the 

13 date of enactment of this Act, the Inspector General 

14 of the Department shall submit a report to Congress 

15 that evaluates the implementation of the improve16 ments described in paragraph (1). 

17 (b) COMPREHENSIVE SECURITY ASSESSMENT OF

18 THE TRANSPORTATION SECURITY CARD PROGRAM.— 

19 (1) IN GENERAL.—Not later than 60 days after 

20 the date of enactment of this Act, the Secretary 

21 shall commission an assessment of the effectiveness 

22 of the transportation security card program (re23 ferred to in this section as the ‘‘Program’’) required 

24 under section 70105 of title 46, United States Code, 

25 at enhancing security and reducing security risks for 


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1 facilities and vessels regulated under chapter 701 of 

2 such title. 

3 (2) LOCATION.—The assessment commissioned 

4 under paragraph (1) shall be conducted by a re5 search organization with significant experience in 

6 port or maritime security, such as— 

7 (A) a national laboratory; 

8 (B) a university-based center within the 

9 Science and Technology Directorate’s centers of 

10 excellence network; or 

11 (C) a qualified federally funded research 

12 and development center. 

13 (3) CONTENTS.—The assessment commissioned 

14 under paragraph (1) shall— 

15 (A) review the credentialing process by de16 termining— 

17 (i) the appropriateness of vetting 

18 standards; 

19 (ii) whether the fee structure ade20 quately reflects the current costs of vet21 ting; 

22 (iii) whether there is unnecessary re23 dundancy or duplication with other 

24 Federal- or State-issued transportation se25 curity credentials; and 


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1 (iv) the appropriateness of having var2 ied Federal and State threat assessments 

3 and access controls; 

4 (B) review the process for renewing appli5 cations for Transportation Worker Identifica6 tion Credentials, including the number of days 

7 it takes to review application, appeal, and waiv8 er requests for additional information; and 

9 (C) review the security value of the Pro10 gram by— 

11 (i) evaluating the extent to which the 

12 Program, as implemented, addresses 

13 known or likely security risks in the mari14 time and port environments; 

15 (ii) evaluating the potential for a non16 biometric credential alternative; 

17 (iii) identifying the technology, busi18 ness process, and operational impacts of 

19 the use of the transportation security card 

20 and transportation security card readers in 

21 the maritime and port environments; 

22 (iv) assessing the costs and benefits of 

23 the Program, as implemented; and 

24 (v) evaluating the extent to which the 

25 Secretary has addressed the deficiencies in 


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1 the Program identified by the Government 

2 Accountability Office and the Inspector 

3 General of the Department before the date 

4 of enactment of this Act. 

5 (4) DEADLINES.—The assessment commis6 sioned under paragraph (1) shall be completed not 

7 later than 1 year after the date on which the assess8 ment is commissioned. 

9 (c) CORRECTIVE ACTION PLAN; PROGRAM RE10 FORMS.—If the assessment commissioned under sub11 section (b) identifies a deficiency in the effectiveness of 

12 the Program, the Secretary, not later than 60 days after 

13 the date on which the assessment is completed, shall sub14 mit a corrective action plan to the Committee on Com15 merce, Science, and Transportation of the Senate, the 

16 Committee on Homeland Security of the House of Rep17 resentatives, and the Committee on Transportation and 

18 Infrastructure of the House of Representatives that— 

19 (1) responds to findings of the assessment; 

20 (2) includes an implementation plan with 

21 benchmarks; 

22 (3) may include programmatic reforms, revi23 sions to regulations, or proposals for legislation; and 

24 (4) shall be considered in any rulemaking by 

25 the Department relating to the Program. 


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1 (d) INSPECTOR GENERAL REVIEW.—If a corrective 

2 action plan is submitted under subsection (c), the Inspec3 tor General of the Department shall— 

4 (1) not later than 120 days after such submis5 sion, review the extent to which such plan imple6 ments the requirements under subsection (c); and 

7 (2) not later than 18 months after such submis8 sion, and annually thereafter for the subsequent 3 

9 years, submit a report to the congressional commit10 tees set forth in subsection (c) that describes the 

11 progress of the implementation of such plan. 

12 SEC. 18. MILITARY PRIORITY FOR TWIC APPLICATIONS. 

13 (a) DEFINITION OF ELIGIBLE SERVICE MEMBER.— 

14 In this section, the term ‘‘eligible service member’’ means 

15 a member of the Armed Forces who is a member of the 

16 reserves or is undergoing separation, discharge, or release 

17 from the Armed Forces under honorable conditions during 

18 the period of effectiveness. 

19 (b) PRIORITY PROCESSING OF CERTAIN TWIC AP20 PLICATIONS.— 

21 (1) IN GENERAL.—Subject to subsections (c) 

22 and (d), and not later than 180 days after the date 

23 of enactment of this Act, the Secretary, in consulta24 tion with the Secretary of Defense, shall develop a 

25 process to prioritize review of an application for a 


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1 Transportation Worker Identification Credential 

2 submitted by an eligible service member. 

3 (2) REQUIREMENT.—The review and adjudica4 tion of an application under paragraph (1) shall be 

5 completed not later than 14 days after the date on 

6 which the application is submitted unless— 

7 (A) an application is subject to an appeal; 

8 or 

9 (B) the Secretary determines that further 

10 documentation is necessary. 

11 (c) PROCESSING TIMES.—The priority processing of 

12 applications described in subsection (b)(1) shall be imple13 mented and remain in place whenever the average proc14 essing time for an application for a Transportation Work15 er Identification Credential exceeds 30 days. 

16 (d) MEMORANDUM OF UNDERSTANDING.—The Sec17 retary and the Secretary of Defense shall enter into a 

18 memorandum of understanding that describes the priority 

19 processing of Transportation Worker Identification Cre20 dential applications under subsection (b). 

21 (e) REPORT.—Not later than 1 year after the date 

22 of enactment of this Act, the Secretary shall submit a re23 port to the Committee on Commerce, Science, and Trans24 portation of the Senate and the Committee on Homeland 

25 Security of the House of Representatives that— 


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1 (1) includes a copy of the memorandum of un2 derstanding described in subsection (d); 

3 (2) identifies the number of days in which the 

4 average processing time for an application for a 

5 Transportation Worker Identification Credential ex6 ceeded 30 days; 

7 (3) describes— 

8 (A) the number of eligible service members 

9 who submitted an application under subsection 

10 (b); and 

11 (B) the number of eligible service members 

12 described in subparagraph (A) who received a 

13 Transportation Worker Identification Creden14 tial; and 

15 (4) for any application submitted under sub16 section (b)(1) that was not completed before the 

17 deadline described in subsection (b)(2)— 

18 (A) the reason the application was not 

19 completed before such deadline; and 

20 (B) a description of the actions that will be 

21 taken to ensure such applications are completed 

22 before such deadline. 


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1 SEC. 19. VOLUNTARY ADOPTION OF TRANSPORTATION 

2 WORKER IDENTIFICATION CREDENTIAL. 

3 Section 520 of the Department of Homeland Security 

4 Appropriations Act, 2004 (6 U.S.C. 469) is amended by 

5 adding at the end the following: 

6 ‘‘(c) APPLICATION.—In this section, individuals en7 gaged in the field of transportation shall include— 

8 ‘‘(1) individuals required to obtain a transpor9 tation worker identification credential under section 

10 101.514 of title 33, Code of Federal Regulations; 

11 ‘‘(2) individuals required to obtain a hazardous 

12 materials endorsement on a commercial driver’s li13 cense issued by a State under section 5103a of title 

14 49, United States Code; and 

15 ‘‘(3) personnel at a facility that engages in 

16 loading, unloading, handling, or storage incidental to 

17 transportation who are subject to background checks 

18 under section 27.230(a)(12) of title 6, Code of Fed19 eral Regulations.’’. 

20 SEC. 20. CARGO CONTAINER SCANNING TECHNOLOGY RE21 VIEW. 

22 (a) DESIGNATIONS.— 

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

24 the date of enactment of this Act, and not less fre25 quently than once every 5 years thereafter until the 

26 date of full-scale implementation of 100 percent 


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1 screening of cargo containers and 100 percent scan2 ning of high-risk containers required under section 

3 232 of the SAFE Port Act (6 U.S.C. 982), the Sec4 retary shall solicit proposals for scanning tech5 nologies, consistent with the standards under sub6 section (b)(8) of that section, to improve screening 

7 of cargo at domestic ports. 

8 (2) EVALUATION.—In soliciting proposals under 

9 paragraph (1), the Secretary shall establish meas10 ures to assess the performance of the proposed scan11 ning technologies, including— 

12 (A) the rate of false positives; 

13 (B) the delays in processing times; and 

14 (C) the impact on the supply chain. 

15 (b) PILOT PROGRAM.— 

16 (1) ESTABLISHMENT.—The Secretary may es17 tablish a pilot program to determine the efficacy of 

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

19 (2) APPLICATION PROCESS.—In carrying out 

20 the pilot program under this subsection, the Sec21 retary shall— 

22 (A) solicit applications from domestic 

23 ports; and 

24 (B) select up to 4 domestic ports to par25 ticipate in the pilot program. 


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1 (c) REPORT.—Not later than 1 year after initiating 

2 a pilot program under subsection (b), the Secretary shall 

3 submit a report on the pilot program to the Committee 

4 on Commerce, Science, and Transportation of the Senate 

5 and the Committee on Homeland Security of the House 

6 of Representatives that includes— 

7 (1) an evaluation of the scanning technologies 

8 proposed to improve security at domestic ports and 

9 to meet the full-scale implementation requirement; 

10 (2) the costs to implement a pilot program; 

11 (3) the benefits of the proposed scanning tech12 nologies; 

13 (4) the impact of the pilot program on the sup14 ply chain; and 

15 (5) recommendations for implementation of ad16 vanced cargo scanning technologies at domestic 

17 ports. 

18 (d) SHARING PILOT PROGRAM TESTING RESULTS.— 

19 The results of the pilot testing of advanced cargo screen20 ing technologies shall be shared, as appropriate, with gov21 ernment agencies and private stakeholders whose respon22 sibilities encompass the secure transport of cargo. 


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1 SEC. 21. BACKGROUND RECORDS CHECKS FOR ISSUANCE 

2 OF HAZMAT LICENSES. 

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

4 amended by adding at the end the following: 

5 ‘‘(3) TRANSPORTATION SECURITY CARD.—An 

6 individual who holds a valid transportation security 

7 card issued by the Secretary of the department in 

8 which the Coast Guard is operating under section 

9 70105 of title 46 shall be deemed to have met the 

10 background records check required under this sub11 section.’’. 

12 SEC. 22. REPEAL OF BIENNIAL REPORTING REQUIREMENT 

13 FOR THE GOVERNMENT ACCOUNTABILITY 

14 OFFICE RELATING TO THE TRANSPORTATION 

15 SECURITY INFORMATION SHARING PLAN. 

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

17 States Code, is amended— 

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

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

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

21 (A) in paragraph (1)(A), by striking ‘‘sub22 section (t)’’ and inserting ‘‘subsection (s)’’; 

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

24 (C) by redesignating paragraphs (8) and 

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

26 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 


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1 (1) TRANSPORTATION SECURITY STRATEGIC

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

3 States Code, is amended by striking ‘‘2007’’ and in4 serting ‘‘2007)’’. 

5 (2) CONGRESSIONAL OVERSIGHT OF SECURITY

6 ASSURANCE FOR PUBLIC AND PRIVATE STAKE7 HOLDERS.—Section 1203(b)(1)(B) of the Imple8 menting Recommendations of the 9/11 Commission 

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

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

11 United States Code, as added by this section, or oth12 erwise,’’. 

Æ 


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