```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3379 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Surface 
Transportation and Maritime Security Act''.
    (b) Table of Contents.--The table of contents of 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.
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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. SURFACE TRANSPORTATION AND MARITIME THREAT ASSESSMENT AND 
              IMPLEMENTATION OF RISK-BASED STRATEGY.

    (a) Threat Assessment.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall complete an assessment 
of the threats posed to surface transportation and maritime systems.
    (b) Considerations.--In conducting the assessment under subsection 
(a), the Administrator shall consider--
            (1) appropriate intelligence;
            (2) security breaches and attacks at domestic and 
        international transportation facilities;
            (3) the vulnerabilities associated with specific modes of 
        transportation;
            (4) current and prospective allocation of agency and 
        stakeholder resources to mitigate threats;
            (5) the systems and practices designed to mitigate the 
        vulnerabilities identified in paragraph (3); and
            (6) the vetting and security training of--
                    (A) frontline employees in surface transportation 
                and maritime systems; and
                    (B) other individuals with access to sensitive or 
                secure areas of transportation networks.
    (c) Implementation of Risk-Based Strategy.--Using the results of 
the assessment completed under subsection (a), the Administrator 
shall--
            (1) develop and implement a cross-cutting, risk-based 
        security strategy that--
                    (A) encompasses all transportation modes; and
                    (B) establishes priorities, milestones, and 
                performance metrics to measure the effectiveness of the 
                strategy;
            (2) identify the objectives of, and evaluate the efficacy 
        of, existing surface transportation and maritime security 
        programs, policies, and initiatives;
            (3) identify any additional risk-based programs that the 
        Administrator considers necessary to address the threats and 
        vulnerabilities identified in the assessment;
            (4) determine the extent to which stakeholder security 
        programs address the threats and vulnerabilities identified in 
        the assessment, including any security vulnerabilities in 
        existing programs;
            (5) provide guidelines for aligning resources with risk;
            (6) develop planning processes to inform resource 
        allocation;
            (7) review current practices, including specific processes, 
        for sharing relevant and timely intelligence threat information 
        with appropriate stakeholders;
            (8) in consultation with the Secretary, the Secretary of 
        Transportation, and the Commandant of the Coast Guard, adjust 
        and update, as appropriate, the National Infrastructure 
        Protection Plan, the modal annexes to such plan, and the 
        Department's surface transportation and maritime security 
        programs, policies, and initiatives;
            (9) modify the risk-based priorities and resource 
        allocation, in accordance with section 4(c), for the 
        Transportation Security Administration; and
            (10) develop a management oversight strategy that 
        identifies the parties responsible for the implementation, 
        management, and oversight of the security strategy under 
        paragraph (1).
    (d) Reports to Congress.--
            (1) In general.--Not later than 180 days after the 
        completion of the assessment under subsection (a), the 
        Administrator shall submit a report to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        that--
                    (A) describes the findings of the assessment;
                    (B) includes a plan for implementing the security 
                strategy; and
                    (C) includes the management oversight strategy 
                under subsection (c)(10).
            (2) Updates.--The Administrator shall provide periodic 
        updates to the report submitted under paragraph (1) that 
        describe the surface transportation and maritime threat 
        environment, based on new information obtained by the 
        Administrator.
    (e) Threat Updates.--Not less frequently than semiannually, the 
Administrator shall report to or brief the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Homeland 
Security of the House of Representatives regarding threats to surface 
transportation and maritime security.

SEC. 4. RISK-BASED BUDGETING AND RESOURCE ALLOCATION.

    (a) Report.--In conjunction with the submission of the Department's 
annual budget request to the Office of Management and Budget, the 
Administrator shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Homeland 
Security of the House of Representatives that describes a risk-based 
resource allocation plan for the surface transportation and maritime 
sectors within and across modes that--
            (1) reflects the risk-based priorities identified under 
        section 3(c); and
            (2) is organized by appropriations account, program, 
        project, and initiative.
    (b) Budget Transparency.--In submitting the annual budget of the 
United States Government under section 1105 of title 31, United States 
Code, the President shall clearly distinguish the resources requested 
for surface transportation and maritime security from the resources 
requested for aviation security.
    (c) Resource Reallocation.--
            (1) In general.--Not later than 15 days after the date on 
        which the Administration allocates any resources or personnel, 
        including personnel sharing, detailing, or assignment, or the 
        use of facilities, technology systems, or vetting resources, 
        for a nontransportation security purpose or event, the 
        Secretary shall provide the notification described in paragraph 
        (2) to the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Homeland Security of the 
        House of Representatives.
            (2) Notification.--A notification described in this 
        paragraph shall include--
                    (A) the reason for and a justification of the 
                resource or personnel allocation;
                    (B) the expected end date of the resource or 
                personnel allocation; and
                    (C) the projected cost to the agency of the 
                personnel or resource allocation.

SEC. 5. SURFACE TRANSPORTATION AND MARITIME SECURITY MANAGEMENT REVIEW.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit a 
report to Congress on the staffing, resource and personnel allocation, 
oversight strategy, and management of the Transportation Security 
Administration's surface transportation and maritime security programs.
    (b) Contents.--The report required under subsection (a) shall 
include information on the coordination between the Transportation 
Security Administration, other Federal agencies, and relevant 
stakeholders.
    (c) Considerations.--The report required under subsection (a) shall 
review the coordination of leadership, planning, policy, and 
implementation of security programs relating to surface transportation 
and maritime security.

SEC. 6. TRANSPARENCY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, and every 180 days thereafter until final rules 
have been issued for all of the requirements described in paragraphs 
(1), (2), and (3), the Administrator shall publish on a public website 
information regarding the status of--
            (1) regulations required under titles XIII, XIV, and XV of 
        the Implementing Recommendations of the 9/11 Commission Act of 
        2007 (6 U.S.C. 1111 et seq.) and under this Act that have not 
        been fully implemented or for which no interim final rule or 
        direct final rule has been issued;
            (2) regulations relating to surface transportation security 
        (other than a regulation described under paragraph (1)) that 
        was required by law to be issued at least 2 years before the 
        initial date of publication under this subsection, but has not 
        been issued; and
            (3) other transportation security rulemakings categorized 
        as significant.
    (b) Contents.--The information published under subsection (a) shall 
include--
            (1) a description of the work plan for each outstanding 
        regulation;
            (2) an updated rulemaking schedule for each outstanding 
        regulation;
            (3) current staff allocations;
            (4) current data collection or research relating to the 
        development of the rulemaking;
            (5) current collaborative efforts, if any, with security 
        experts, advisory committees, and other stakeholders;
            (6) identified resource constraints impacting the 
        rulemaking process for the outstanding regulation; and
            (7) other relevant details associated with the development 
        of the rulemaking that impact the progress of the rulemaking.
    (c) Inspector General Review.--Not later than 180 days after the 
date of enactment of this Act, and every 2 years thereafter until all 
of the requirements under titles XIII, XIV, and XV of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et 
seq.) and under this Act have been fully implemented, the Inspector 
General of the Department shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives that--
            (1) identifies the requirements under such titles and under 
        this Act that have not been fully implemented;
            (2) considers whether additional regulatory action is 
        necessary; and
            (3) recommends any regulatory requirements that should be 
        modified or repealed.

SEC. 7. TSA COUNTERTERRORISM ASSET DEPLOYMENT.

    (a) In General.--If the Transportation Security Administration 
deploys any counterterrorism personnel or resource, such as explosive 
detection sweeps, random bag inspections, or patrols by Visible 
Intermodal Protection and Response teams, to enhance security at a 
transportation system or transportation facility for a period of not 
less than 180 days, the Administrator shall provide sufficient 
notification to the system operator not less than 14 days prior to 
terminating the deployment.
    (b) Sufficient Notifications.--In determining whether notification 
under subsection (a) is sufficient, the Administrator shall consider 
whether the transportation system, transportation facility, or operator 
thereof has sufficient resources to replace the asset and maintain an 
appropriate level of security.
    (c) Exception.--This section shall not apply if--
            (1) the Administrator determines there is an urgent 
        security need for the personnel or resource described in 
        subsection (a); and
            (2) notifies the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Homeland 
        Security of the House of Representatives.

SEC. 8. SURFACE TRANSPORTATION AND MARITIME SECURITY ADVISORY 
              COMMITTEE.

    (a) In General.--Subtitle A of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the 
following:

``SEC. 404. SURFACE TRANSPORTATION AND MARITIME SECURITY ADVISORY 
              COMMITTEE.

    ``(a) Establishment.--The Administrator of the Transportation 
Security Administration (referred to in this section as 
`Administrator') shall establish within the Transportation Security 
Administration the Surface Transportation and Maritime Security 
Advisory Committee (referred to in this section as `Advisory 
Committee').
    ``(b) Duties.--
            ``(1) In general.--The Administrator, while adhering to 
        appropriate security guidelines, shall consult with the 
        Advisory Committee, as appropriate, on surface transportation 
        and maritime security matters, including the development, 
        refinement, and implementation of policies, programs, 
        initiatives, rulemakings, and security directives pertaining to 
        surface transportation and maritime security.
            ``(2) Recommendations.--The Advisory Committee shall 
        develop recommendations for improvements to surface 
        transportation and maritime security.
            ``(3) Periodic reports.--The Advisory Committee shall 
        periodically submit reports to the Administrator on matters 
        requested by the Administrator or by a majority of the members 
        of the Advisory Committee.
            ``(4) Annual report.--
                    ``(A) Submission.--The Advisory Committee shall 
                submit an annual report to the Administrator, the 
                Committee on Commerce, Science, and Transportation of 
                the Senate and the Committee on Homeland Security of 
                the House of Representatives that provides information 
                on the activities, findings, and recommendations of the 
                Advisory Committee during the preceding year.
                    ``(B) Publication.--Not later than 6 months after 
                each date on which the Administrator receives an annual 
                report under subparagraph (A), the Administrator shall 
                publish a public version of the report, in accordance 
                with section 552b of title 5, United States Code.
            ``(5) Feedback.--Not later than 90 days after the date on 
        which the Administrator receives recommendations from the 
        Advisory Committee under paragraph (4)(A), the Administrator 
        shall submit to the Advisory Committee--
                    ``(A) written feedback about each of the 
                recommendations;
                    ``(B) an action plan to implement those 
                recommendations with which the Administrator concurs; 
                and
                    ``(C) a justification for each recommendation the 
                Administrator rejects.
            ``(6) Congressional notification.--Not later than 30 days 
        after providing written feedback to the Advisory Committee 
        under paragraph (5), the Administrator shall--
                    ``(A) notify the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Homeland Security of the House of Representatives of 
                such feedback; and
                    ``(B) provide such committees with a briefing upon 
                request.
            ``(7) Updates to congress.--Not later than 90 days after 
        the date of enactment of the Surface Transportation and 
        Maritime Security Act, and quarterly thereafter until a 
        recommendation is closed, the Administrator shall submit a 
        report to Congress or post on a public website an update on the 
        status of recommendations included in the report under 
        paragraph (4).
            ``(8) Website.--The Administrator shall maintain a public 
        website that--
                    ``(A) lists the members of the Advisory Committee;
                    ``(B) provides the contact information for the 
                Advisory Committee; and
                    ``(C) provides minutes of meetings, 
                recommendations, and other relevant documents, as 
                appropriate.
    ``(c) Membership.--
            ``(1) Composition.--The Advisory Committee shall be 
        composed of--
                    ``(A) voting members appointed by the Administrator 
                under paragraph (2); and
                    ``(B) nonvoting members, serving in an advisory 
                capacity, who shall be designated by--
                            ``(i) the Transportation Security 
                        Administration;
                            ``(ii) the Department of Transportation;
                            ``(iii) the Coast Guard; and
                            ``(iv) such other Federal department or 
                        agency with regulatory authority over a mode of 
                        surface transportation or maritime as the 
                        Administrator considers appropriate.
            ``(2) Appointment.--The Administrator shall appoint voting 
        members from among stakeholders representing passenger rail, 
        freight rail, mass transit, pipelines, highways, over-the-road 
        bus and trucking, and port and maritime industries, including 
        representatives from--
                    ``(A) associations representing such surface 
                transportation or maritime modes;
                    ``(B) labor organizations representing such surface 
                transportation or maritime modes;
                    ``(C) groups representing the users of such surface 
                transportation or maritime modes, including shippers 
                and asset manufacturers, as appropriate;
                    ``(D) relevant law enforcement, first responders, 
                and security experts; and
                    ``(E) such other groups as the Administrator 
                considers appropriate.
            ``(3) Term of office.--
                    ``(A) Terms.--
                            ``(i) In general.--The term of each voting 
                        member of the Advisory Committee shall be 2 
                        years, but a voting member may continue to 
                        serve until the Administrator appoints a 
                        successor.
                            ``(ii) Reappointment.--A voting member of 
                        the Advisory Committee may be reappointed.
                    ``(B) Removal.--The Administrator may review the 
                participation of a member of the Advisory Committee and 
                remove such member for cause at any time.
            ``(4) Prohibition on compensation.--The members of the 
        Advisory Committee shall not receive any compensation from the 
        Government by reason of their service on the Advisory 
        Committee.
            ``(5) Meetings.--
                    ``(A) In general.--The Administrator shall require 
                the Advisory Committee to meet at least semiannually in 
                person or through Web conferencing and may convene 
                additional meetings as necessary.
                    ``(B) Public meetings.--At least one of the 
                meetings of the Advisory Committee each year shall be--
                            ``(i) announced in the Federal Register;
                            ``(ii) announced on a public website; and
                            ``(iii) open to the public.
                    ``(C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at each 
                meeting.
                    ``(D) Minutes.--
                            ``(i) In general.--Unless otherwise 
                        prohibited by other Federal law, minutes of the 
                        meetings shall be published on the public 
                        website required under subsection (b)(8).
                            ``(ii) Protection of classified and 
                        sensitive information.--The Advisory Committee 
                        may redact or summarize, as necessary, minutes 
                        of the meetings to protect classified or other 
                        sensitive information in accordance with law.
            ``(6) Voting member access to classified and sensitive 
        security information.--
                    ``(A) Determinations.--Not later than 60 days after 
                the date on which a voting member is appointed to the 
                Advisory Committee, the Administrator shall determine 
                if the voting member should be restricted from 
                reviewing, discussing, or possessing sensitive security 
                information.
                    ``(B) Access.--If a voting member is not restricted 
                from possessing sensitive security information under 
                subparagraph (A) and voluntarily signs a nondisclosure 
                agreement, the voting member may be granted access to 
                sensitive security information that is relevant to the 
                voting member's service on the Advisory Committee. 
                Access to classified materials shall be managed under 
                the requirements set forth in section 503.59 of title 
                46, Code of Federal Regulations.
                    ``(C) Protection of ssi.--Voting members shall 
                protect sensitive security information in accordance 
                with part 1520 of title 49, Code of Federal 
                Regulations.
                    ``(D) Protection of classified information.--Voting 
                members shall protect classified information in 
                accordance with the applicable requirements for the 
                particular level of classification.
            ``(7) Chairperson.--The Advisory Committee shall select a 
        chairperson from among its voting members.
            ``(8) Risk-based security.--The Advisory Committee shall 
        consider risk-based security approaches in the performance of 
        its functions.
            ``(9) Joint committee meetings.--The Advisory Committee may 
        meet with the Aviation Security Advisory Committee established 
        under section 44946 of title 49, United States Code, to discuss 
        multimodal security issues and other security-related issues of 
        common concern.
            ``(10) Subject matter experts.--The Advisory Committee may 
        request the assistance of subject matter experts with expertise 
        related to the jurisdiction of the Advisory Committee.''.
    (b) Advisory Committee Members.--
            (1) Voting members.--Not later than 180 days after the date 
        of enactment of this Act, the Administrator shall appoint the 
        voting members of the Surface Transportation and Maritime 
        Security Advisory Committee established pursuant to section 404 
        of the Homeland Security Act of 2002, as added by subsection 
        (a). The voting members shall consist of representatives of 
        each surface transportation mode and the maritime mode.
            (2) Nonvoting members.--Not later than 90 days after the 
        date of enactment of this Act, each Federal Government 
        department and agency with regulatory authority over a mode of 
        surface transportation or maritime, as the Administrator 
        considers appropriate, shall designate an appropriate 
        representative to serve as a nonvoting member of the Surface 
        Transportation and Maritime Security Advisory Committee.
    (c) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by inserting after the item relating to section 403 the 
following:

``Sec. 404. Surface Transportation and Maritime Security Advisory 
                            Committee.''.

SEC. 9. REVIEW OF EXPLOSIVES DETECTION CANINE TEAM PROGRAM.

    Not later than 180 days after the date of enactment of this Act, 
the Inspector General of the Department shall--
            (1) review--
                    (A) the Transportation Security Administration's 
                deployment strategy for explosive detection canine 
                teams, including consideration of whether the 
                Administration's analysis of risk to transportation 
                facilities and transportation systems is appropriate;
                    (B) the canine training, handler training, ongoing 
                training, and updates to such training; and
                    (C) the use of the assets during high threat 
                periods, including the reallocation of National 
                Explosives Detection Canine Team Program resources 
                during high threat periods; and
            (2) submit to Congress a report on the review, including 
        any recommendations on the appropriate number of canine assets 
        needed to enhance security at high-risk facilities, such as 
        high volume passenger transportation systems and facilities.

SEC. 10. EXPLOSIVE DETECTION TECHNOLOGY.

    The Secretary, in coordination with the Director of the National 
Institute of Standards and Technology, shall research and facilitate 
next generation technologies to detect explosives in transportation 
systems and transportation facilities.

SEC. 11. EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE TEAM 
              PROGRAM.

    (a) Definitions.--In this section, the term ``explosives detection 
canine team'' means a canine and a canine handler that are trained to 
detect explosives, radiological materials, chemical, nuclear or 
biological weapons, or other threats as defined by the Secretary.
    (b) In General.--The Secretary may encourage State, local, and 
tribal governments and private owners of high-risk transportation 
facilities to strengthen security through the use of explosives 
detection canine teams.
    (c) Increased Capacity.--
            (1) In general.--Before the date the Inspector General of 
        the Department submits the report under section 9, the 
        Secretary may increase the number of State and local maritime 
        and surface transportation canines by not more than 70 
        explosives detection canine teams.
            (2) Additional teams.--Beginning on the date the Inspector 
        General of the Department submits the report under section 9, 
        the Secretary may incrementally increase the number of 
        additional explosives detection canine teams described in 
        paragraph (1) to not more than 200 more than are in service on 
        the date of enactment of this Act or to not more than the total 
        number of additional explosive detection canine teams 
        recommended by the Inspector General in that report, whichever 
        is less.
    (d) Deployment.--The Secretary shall--
            (1) use the additional explosives detection canine teams as 
        part of the Department's efforts to strengthen security across 
        the Nation's surface and maritime transportation networks;
            (2) make available explosives detection canine teams to all 
        modes of transportation, subject to the requirements under 
        section 7, for high-risk areas or to address specific threats, 
        on an as-needed basis and as otherwise determined appropriate 
        by the Secretary; and
            (3) consider specific needs and training requirements for 
        explosives detection canine teams to be deployed across the 
        Nation's surface transportation network, including in venues of 
        multiple modes of transportation, as the Secretary considers 
        appropriate.
    (e) Authorization.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out this section for 
each of fiscal years 2016 through 2020.

SEC. 12. STUDY ON SECURITY STANDARDS AND PRACTICES FOR MASS TRANSIT AND 
              PASSENGER RAIL.

    (a) Security Standards and Practices for Mass Transit and Passenger 
Rail.--The Comptroller General of the United States shall conduct a 
study that compares and develops best practices, including 
cybersecurity, relating to the security standards and practices related 
to mass transit, passenger rail networks, and public areas of other 
transportation systems employed by the Transportation Security 
Administration, Amtrak, State and local governments, operators of mass 
transit and passenger rail services, and relevant entities in foreign 
countries.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall issue a report that 
contains--
            (1) the findings of the study conducted under subsection 
        (a); and
            (2) any recommendations on changes regarding security 
        standards and practices to secure mass transit and passenger 
        rail networks against terrorist threats.

SEC. 13. RAIL SECURITY SERVICES.

    (a) Rail Security Services.--The Comptroller General shall conduct 
a study of rail security provided by the Transportation Security 
Administration to rail carrier and mass transit systems.
    (b) Requirements.--In conducting the study under subsection (a), 
the Comptroller General shall--
            (1) assess the effectiveness of the the Administration and 
        stakeholders in improving the security of rail and mass transit 
        surface transportation;
            (2) assess the Administration's and stakeholders' projected 
        needs and associated costs, including funding and personnel, to 
        improve and address security threats for the security of rail 
        and mass transit surface transportation; and
            (3) assess the preparedness of high-risk surface 
        transportation facilities to prevent and respond to security 
        threats.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall issue a report that contains 
the findings of the study conducted under subsection (a).

SEC. 14. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) Railroad Security Assistance.--Section 1513(b) of the 
Implementing Recommendations of the 
9/11 Commission Act of 2007 (6 U.S.C. 1163(b)) is amended--
            (1) in paragraph (1), by striking the period at the end and 
        inserting ``including communications interoperability where 
        appropriate with relevant outside agencies and entities.'';
            (2) in paragraph (5), by striking ``security of'' and 
        inserting ``security and preparedness of'';
            (3) in paragraph (7), by striking ``security threats'' and 
        inserting ``security threats and preparedness, including 
        connectivity to the National Terrorist Screening Center''; and
            (4) in paragraph (9), by striking ``and security officers'' 
        and inserting ``, security, and preparedness officers''.
    (b) Specific Projects.--Section 1514(a)(3) of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
1164(a)(3)) is amended--
            (1) in subparagraph (D) by inserting ``, or to connect to 
        the National Terrorism Screening Center watchlist'' after 
        ``Secretary'';
            (2) in subparagraph (G), by striking ``; and'' at the end 
        and inserting a semicolon;
            (3) in subparagraph (H) by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
                    ``(I) for improvements to passenger verification 
                systems; and
                    ``(J) for improvements to employee and contractor 
                verification systems, including identity verification 
                technology.''.

SEC. 15. PASSENGER RAIL VETTING.

    (a) In General.--Not later than 180 days after the date on which 
the Amtrak Chief of Police and the Amtrak Board of Directors jointly 
submit a request to the Administrator, the Administrator shall issue a 
decision on the use by Amtrak of the Transportation Security 
Administration's Secure Flight Program or a similar passenger vetting 
system to enhance passenger rail security.
    (b) Strategic Plan.--The decision under subsection (a) shall 
include a strategic plan for working with rail stakeholders to enhance 
passenger rail security by vetting passengers using terrorist watch 
lists maintained by the Federal Government or a similar passenger 
vetting system maintained by the Transportation Security 
Administration.

SEC. 16. SURFACE TRANSPORTATION INSPECTORS.

    Not later than 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall submit a report to 
Congress that--
            (1) identifies the roles and responsibilities of surface 
        transportation security inspectors authorized under section 
        1304 of the Implementing Recommendations of the 9/11 Commission 
        Act of 2007 (6 U.S.C. 1113);
            (2) determines the extent to which the Transportation 
        Security Administration has used a risk-based, strategic 
        approach to determine the appropriate number of surface 
        transportation security inspectors and resource allocation 
        across surface transportation modes and field offices;
            (3) determines if the Transportation Security 
        Administration's surface transportation policies and 
        regulations are risk-based;
            (4) determines whether opportunities exist to improve risk-
        based policies and regulations;
            (5) determines whether surface transportation security 
        inspectors--
                    (A) have appropriate qualifications to help secure 
                and inspect surface transportation systems; and
                    (B) have adequate experience and training to 
                perform the responsibilities identified under paragraph 
                (1);
            (6) evaluates feedback from regulated surface 
        transportation industry stakeholders on the effectiveness of 
        surface transportation security inspectors and inspection 
        programs to the overall security of the surface transportation 
        systems of such stakeholders;
            (7) evaluates the consistency of surface transportation 
        inspections and regulatory enforcement;
            (8) identifies any duplication or redundancy between the 
        Transportation Security Administration and the Department of 
        Transportation relating to surface transportation security 
        inspections or oversight; and
            (9) provides recommendations, if any, relating to--
                    (A) the risk-based use of inspection resources for 
                security enhancement in surface and maritime 
                transportation; and
                    (B) improvements to the Transportation Security 
                Administration's Surface Transportation Security 
                Inspection Program, including changes in organizational 
                and supervisory structures and coordination procedures 
                to enhance consistency and effectiveness in inspection 
                and compliance activities.

SEC. 17. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL IMPROVEMENTS 
              AND ASSESSMENT.

    (a) Credential Improvements.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Administrator shall establish a 
        process to improve background checks and terrorism vetting 
        processes that includes--
                    (A) establishing an entity within the Office of 
                Intelligence and Analysis to provide guidance on 
                security threat assessment processes;
                    (B) conducting a comprehensive risk analysis of the 
                security threat assessment processes to identify areas 
                needing additional internal controls and quality 
                assurance procedures and implementing those procedures;
                    (C) improving fraud detection techniques, such as--
                            (i) establishing benchmarks and a process 
                        for electronic document validation;
                            (ii) requiring annual training for Trusted 
                        Agents; and
                            (iii) establishing a process to review and 
                        analyze additional information provided by 
                        Trusted Agents during the review process;
                    (D) updating guidance and finalizing a manual for 
                Trusted Agents and adjudicators to ensure clear 
                guidance on processes and regulations; and
                    (E) establishing quality controls to ensure 
                consistent procedures to review adjudication decisions 
                and terrorism vetting decisions.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Inspector General of the Department 
        shall submit a report to Congress that evaluates the 
        implementation of the improvements described in paragraph (1).
    (b) Comprehensive Security Assessment of the Transportation 
Security Card Program.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall commission an 
        assessment of the effectiveness of the transportation security 
        card program (referred to in this section as the ``Program'') 
        required under section 70105 of title 46, United States Code, 
        at enhancing security and reducing security risks for 
        facilities and vessels regulated under chapter 701 of such 
        title.
            (2) Location.--The assessment commissioned under paragraph 
        (1) shall be conducted by a research organization with 
        significant experience in port or maritime security, such as--
                    (A) a national laboratory;
                    (B) a university-based center within the Science 
                and Technology Directorate's centers of excellence 
                network; or
                    (C) a qualified federally funded research and 
                development center.
            (3) Contents.--The assessment commissioned under paragraph 
        (1) shall--
                    (A) review the credentialing process by 
                determining--
                            (i) the appropriateness of vetting 
                        standards;
                            (ii) whether the fee structure adequately 
                        reflects the current costs of vetting;
                            (iii) whether there is unnecessary 
                        redundancy or duplication with other Federal- 
                        or State-issued transportation security 
                        credentials; and
                            (iv) the appropriateness of having varied 
                        Federal and State threat assessments and access 
                        controls;
                    (B) review the process for renewing applications 
                for Transportation Worker Identification Credentials, 
                including the number of days it takes to review 
                application, appeal, and waiver requests for additional 
                information; and
                    (C) review the security value of the Program by--
                            (i) evaluating the extent to which the 
                        Program, as implemented, addresses known or 
                        likely security risks in the maritime and port 
                        environments;
                            (ii) evaluating the potential for a non-
                        biometric credential alternative;
                            (iii) identifying the technology, business 
                        process, and operational impacts of the use of 
                        the transportation security card and 
                        transportation security card readers in the 
                        maritime and port environments;
                            (iv) assessing the costs and benefits of 
                        the Program, as implemented; and
                            (v) evaluating the extent to which the 
                        Secretary has addressed the deficiencies in the 
                        Program identified by the Government 
                        Accountability Office and the Inspector General 
                        of the Department before the date of enactment 
                        of this Act.
            (4) Deadlines.--The assessment commissioned under paragraph 
        (1) shall be completed not later than 1 year after the date on 
        which the assessment is commissioned.
    (c) Corrective Action Plan; Program Reforms.--If the assessment 
commissioned under subsection (b) identifies a deficiency in the 
effectiveness of the Program, the Secretary, not later than 60 days 
after the date on which the assessment is completed, shall submit a 
corrective action plan to the Committee on Commerce, Science, and 
Transportation of the Senate, the Committee on Homeland Security of the 
House of Representatives, and the Committee on Transportation and 
Infrastructure of the House of Representatives that--
            (1) responds to findings of the assessment;
            (2) includes an implementation plan with benchmarks;
            (3) may include programmatic reforms, revisions to 
        regulations, or proposals for legislation; and
            (4) shall be considered in any rulemaking by the Department 
        relating to the Program.
    (d) Inspector General Review.--If a corrective action plan is 
submitted under subsection (c), the Inspector General of the Department 
shall--
            (1) not later than 120 days after such submission, review 
        the extent to which such plan implements the requirements under 
        subsection (c); and
            (2) not later than 18 months after such submission, and 
        annually thereafter for the subsequent 3 years, submit a report 
        to the congressional committees set forth in subsection (c) 
        that describes the progress of the implementation of such plan.

SEC. 18. MILITARY PRIORITY FOR TWIC APPLICATIONS.

    (a) Definition of Eligible Service Member.--In this section, the 
term ``eligible service member'' means a member of the Armed Forces who 
is a member of the reserves or is undergoing separation, discharge, or 
release from the Armed Forces under honorable conditions during the 
period of effectiveness.
    (b) Priority Processing of Certain TWIC Applications.--
            (1) In general.--Subject to subsections (c) and (d), and 
        not later than 180 days after the date of enactment of this 
        Act, the Secretary, in consultation with the Secretary of 
        Defense, shall develop a process to prioritize review of an 
        application for a Transportation Worker Identification 
        Credential submitted by an eligible service member.
            (2) Requirement.--The review and adjudication of an 
        application under paragraph (1) shall be completed not later 
        than 14 days after the date on which the application is 
        submitted unless--
                    (A) an application is subject to an appeal; or
                    (B) the Secretary determines that further 
                documentation is necessary.
    (c) Processing Times.--The priority processing of applications 
described in subsection (b)(1) shall be implemented and remain in place 
whenever the average processing time for an application for a 
Transportation Worker Identification Credential exceeds 30 days.
    (d) Memorandum of Understanding.--The Secretary and the Secretary 
of Defense shall enter into a memorandum of understanding that 
describes the priority processing of Transportation Worker 
Identification Credential applications under subsection (b).
    (e) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Homeland Security of the House of Representatives that--
            (1) includes a copy of the memorandum of understanding 
        described in subsection (d);
            (2) identifies the number of days in which the average 
        processing time for an application for a Transportation Worker 
        Identification Credential exceeded 30 days;
            (3) describes--
                    (A) the number of eligible service members who 
                submitted an application under subsection (b); and
                    (B) the number of eligible service members 
                described in subparagraph (A) who received a 
                Transportation Worker Identification Credential; and
            (4) for any application submitted under subsection (b)(1) 
        that was not completed before the deadline described in 
        subsection (b)(2)--
                    (A) the reason the application was not completed 
                before such deadline; and
                    (B) a description of the actions that will be taken 
                to ensure such applications are completed before such 
                deadline.

SEC. 19. VOLUNTARY ADOPTION OF TRANSPORTATION WORKER IDENTIFICATION 
              CREDENTIAL.

    Section 520 of the Department of Homeland Security Appropriations 
Act, 2004 (6 U.S.C. 469) is amended by adding at the end the following:
    ``(c) Application.--In this section, individuals engaged in the 
field of transportation shall include--
            ``(1) individuals required to obtain a transportation 
        worker identification credential under section 101.514 of title 
        33, Code of Federal Regulations;
            ``(2) individuals required to obtain a hazardous materials 
        endorsement on a commercial driver's license issued by a State 
        under section 5103a of title 49, United States Code; and
            ``(3) personnel at a facility that engages in loading, 
        unloading, handling, or storage incidental to transportation 
        who are subject to background checks under section 
        27.230(a)(12) of title 6, Code of Federal Regulations.''.

SEC. 20. CARGO CONTAINER SCANNING TECHNOLOGY REVIEW.

    (a) Designations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and not less frequently than once every 
        5 years thereafter until the date of full-scale implementation 
        of 100 percent screening of cargo containers and 100 percent 
        scanning of high-risk containers required under section 232 of 
        the SAFE Port Act (6 U.S.C. 982), the Secretary shall solicit 
        proposals for scanning technologies, consistent with the 
        standards under subsection (b)(8) of that section, to improve 
        screening of cargo at domestic ports.
            (2) Evaluation.--In soliciting proposals under paragraph 
        (1), the Secretary shall establish measures to assess the 
        performance of the proposed scanning technologies, including--
                    (A) the rate of false positives;
                    (B) the delays in processing times; and
                    (C) the impact on the supply chain.
    (b) Pilot Program.--
            (1) Establishment.--The Secretary may establish a pilot 
        program to determine the efficacy of a scanning technology 
        referred to in subsection (a).
            (2) Application process.--In carrying out the pilot program 
        under this subsection, the Secretary shall--
                    (A) solicit applications from domestic ports; and
                    (B) select up to 4 domestic ports to participate in 
                the pilot program.
    (c) Report.--Not later than 1 year after initiating a pilot program 
under subsection (b), the Secretary shall submit a report on the pilot 
program to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Homeland Security of the House of 
Representatives that includes--
            (1) an evaluation of the scanning technologies proposed to 
        improve security at domestic ports and to meet the full-scale 
        implementation requirement;
            (2) the costs to implement a pilot program;
            (3) the benefits of the proposed scanning technologies;
            (4) the impact of the pilot program on the supply chain; 
        and
            (5) recommendations for implementation of advanced cargo 
        scanning technologies at domestic ports.
    (d) Sharing Pilot Program Testing Results.--The results of the 
pilot testing of advanced cargo screening technologies shall be shared, 
as appropriate, with government agencies and private stakeholders whose 
responsibilities encompass the secure transport of cargo.

SEC. 21. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT LICENSES.

    Section 5103a(d) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(3) Transportation security card.--An individual who 
        holds a valid transportation security card issued by the 
        Secretary of the department in which the Coast Guard is 
        operating under section 70105 of title 46 shall be deemed to 
        have met the background records check required under this 
        subsection.''.

SEC. 22. REPEAL OF BIENNIAL REPORTING REQUIREMENT FOR THE GOVERNMENT 
              ACCOUNTABILITY OFFICE RELATING TO THE TRANSPORTATION 
              SECURITY INFORMATION SHARING PLAN.

    (a) In General.--Section 114 of title 49, United States Code, is 
amended--
            (1) by redesignating subsections (u), (v), and (w) as 
        subsections (t), (u), and (v), respectively; and
            (2) in subsection (t), as redesignated--
                    (A) in paragraph (1)(A), by striking ``subsection 
                (t)'' and inserting ``subsection (s)'';
                    (B) by striking paragraph (7); and
                    (C) by redesignating paragraphs (8) and (9) as 
                paragraphs (7) and (8), respectively.
    (b) Technical and Conforming Amendments.--
            (1) Transportation security strategic planning.--Section 
        114(s)(3)(B) of title 49, United States Code, is amended by 
        striking ``2007'' and inserting ``2007)''.
            (2) Congressional oversight of security assurance for 
        public and private stakeholders.--Section 1203(b)(1)(B) of the 
        Implementing Recommendations of the 9/11 Commission Act of 2007 
        (49 U.S.C. 114 note) is amended by striking ``, under section 
        114(u)(7) of title 49, United States Code, as added by this 
        section, or otherwise,''.
                                 <all>
```