Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Surface Transpor-
tation Security Improvement Act of 2018’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Homeland Secu-
rity of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate. 
(2) PUBLIC
AND
PRIVATE
SECTOR
STAKE-
HOLDERS.—The term ‘‘public and private sector 
stakeholders’’ has the meaning given such term in 
section 114(u)(1)(C) of title 49, United States Code. 
(3) SURFACE
TRANSPORTATION
ASSET.—The 
term ‘‘surface transportation asset’’ includes facili-
ties, equipment, or systems used to provide transpor-
tation services by— 
(A) a public transportation agency (as 
such term is defined in section 1402(5) of the 
Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110–53; 
6 U.S.C. 1131(5))); 
(B) a railroad carrier (as such term is de-
fined in section 20102(3) of title 49, United 
States Code); 
(C) an owner or operator of— 
(i) an entity offering scheduled, fixed- 
route transportation services by over-the- 
road bus (as such term is defined in sec-
tion 1501(4) of the Implementing Rec-
ommendations of the 9/11 Commission Act 
of 2007 (Public Law 110–53; 6 U.S.C. 
1151(4))); or 
(ii) a bus terminal; or 
(D) other transportation facilities, equip-
ment, or systems, as determined by the Sec-
retary. 
SEC. 3. NATIONAL STRATEGY FOR TRANSPORTATION SECU-
RITY REVIEW. 
Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States 
shall evaluate the degree to which the 2016 Biennial Na-
tional Strategy for Transportation Security, as required 
pursuant to section 114(s) of title 49, United States Code, 
that was issued on August 11, 2016, by the Administrator
of the Transportation Security Administration, is reflected 
in Federal transportation security programs, budgets, re-
search, staffing levels, and related efforts and, in carrying 
out such evaluation, shall consider the degree to which— 
(1) such strategy is sufficiently forward-looking 
to guide future Federal efforts relating to transpor-
tation security; 
(2) Federal transportation security programs, 
budgets, research, staffing levels, and related efforts 
for fiscal year 2018 and beyond are guided by such 
strategy; and 
(3) the annual progress reports submitted to 
Congress pursuant to such section subsequent to the 
issuance of such strategy provide information on the 
degree to which such strategy guides Federal efforts 
relating to transportation security. 
SEC. 4. RISK SCENARIOS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall annually develop, consistent with the transpor-
tation modal security plans required under section 114(s) 
of title 49, United States Code, risk-based priorities based 
on risk assessments conducted or received by the Sec-
retary across all transportation modes that consider 
threats, vulnerabilities, and consequences.
(b) SCENARIOS.—The Secretary of Homeland Secu-
rity shall ensure that the risk-based priorities identified 
pursuant to subsection (a) are informed by an analysis 
of terrorist attack scenarios for each transportation mode, 
including cyber attack scenarios and intelligence and open 
source information about current and evolving threats. 
(c) REPORT.—Not later than 120 days after each de-
velopment of risk-based priorities under subsection (a), 
the Secretary of Homeland Security shall provide to the 
appropriate congressional committees a report that in-
cludes the following: 
(1) Copies of the risk assessments for each 
transportation mode. 
(2) A summary that ranks the risks within and 
across modes. 
(3) A description of the risk-based priorities for 
securing the transportation sector that identifies and 
prioritizes the greatest security needs of such trans-
portation sector, both across and within modes, in 
the order that such priorities should be addressed. 
(4) Information on the underlying methodolo-
gies used to assess risks across and within each 
transportation mode and the basis for any assump-
tions regarding threats, vulnerabilities, and con-
sequences made in assessing and prioritizing risks 
within each such mode and across modes. 
(d) CLASSIFICATION.—The information provided 
under subsection (c) may be submitted in a classified for-
mat or unclassified format, as appropriate. 
SEC. 5. ASSESSMENTS AND SECURITY PLANS; FRONTLINE 
EMPLOYEE SECURITY TRAINING. 
(a) REPORT.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the appropriate congressional 
committees and the Inspector General of the Department 
of Homeland Security a report on— 
(1) the status of regulations requiring assess-
ments and security plans as specified in sections 
1405, 1512, and 1531 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 
(6 U.S.C. 1134, 1162, and 1181) that includes a 
timeline for the issuance of a final rulemaking sub-
sequent to the December 16, 2016, publication in 
the Federal Register of an advance notice of pro-
posed rulemaking; and 
(2) the status of regulations for a security 
training program to prepare transportation employ-
ees for potential security threats and conditions as 
specified in sections 1408, 1517, and 1534 of the
Implementing Recommendations of the 9/11 Com-
mission Act of 2007 (6 U.S.C. 1137, 1167, and 
1184) that includes a timeline for the issuance of a 
final rulemaking subsequent to the December 16, 
2016, publication in the Federal Register of a notice 
of proposed rulemaking. 
(b) INSPECTOR GENERAL REVIEW.—Not later than 
120 days after submission of the report under subsection 
(a), the Inspector General of the Department of Homeland 
Security shall submit to the appropriate congressional 
committees a review of such report that includes informa-
tion on— 
(1) departmental efforts to finalize rulemaking; 
and 
(2) recommendations, as necessary, to ensure 
implementation of the regulations referred to in such 
subsection. 
SEC. 6. RESEARCH AND DEVELOPMENT. 
(a) EMERGING ISSUES.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Homeland Security, acting through the Under Sec-
retary for Science and Technology of the Department of 
Homeland Security and in coordination with the Adminis-
trator of the Transportation Security Administration, 
shall submit to the appropriate congressional committees
a feasibility assessment of modifying the security of sur-
face transportation assets by— 
(1) introducing next generation technologies to 
be integrated into systems of surface transportation 
assets to detect explosives, including through the de-
ployment of mobile explosives detection technologies 
to conduct risk-based passenger and property 
screening at such systems; 
(2) providing surface transportation asset oper-
ators with access to the Transportation Security Ad-
ministration’s Secure Flight Program or a similar 
passenger vetting system maintained by the Trans-
portation Security Administration; 
(3) deploying a credential authentication tech-
nology or other means of identification document in-
spection to high-risk surface transportation assets to 
assist operators conducting passenger vetting; and 
(4) deploying scalable, cost-effective technology 
solutions to detect chemical, biological, radiological, 
nuclear, or explosive threats within high-risk surface 
transportation assets that are capable of passive, 
continuous, and real-time sensing and detection of, 
and alerting passengers and operating personnel to, 
the presence of such a threat.
(b) CONSIDERATIONS.—In carrying out the assess-
ment required under subsection (a), the Secretary of 
Homeland Security, acting through the Under Secretary 
for Science and Technology of the Department of Home-
land Security and in coordination with the Administrator 
of the Transportation Security Administration, shall ad-
dress the technological, privacy, operational, passenger fa-
cilitation, and public acceptance considerations involved 
with each security measure contemplated in such assess-
ment. 
SEC. 7. BEST PRACTICES TO SECURE AGAINST VEHICLE- 
BASED ATTACKS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
disseminate best practices to public and private sector 
stakeholders regarding how to enhance transportation se-
curity against the threat of a vehicle-based terrorist at-
tack. 
SEC. 8. SURFACE TRANSPORTATION STAKEHOLDER SUR-
VEY. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security shall begin conducting a survey of public and 
private stakeholders responsible for securing surface 
transportation assets regarding resource challenges, in-
cluding the availability of Federal funding, associated with 
securing such assets that provides an opportunity for re-
spondents to set forth information on specific unmet 
needs. 
(b) REPORT.—Not later than 120 days after begin-
ning the survey required under subsection (a), the Sec-
retary of Homeland Security shall report to the appro-
priate congressional committees regarding the results of 
such survey and the Department of Homeland Security’s 
efforts to address any identified security vulnerabilities. 
SEC. 9. INNOVATIVE TECHNOLOGIES AND CAPABILITIES. 
(a) IN GENERAL.—The Administrator of the Trans-
portation Security Administration may establish a task 
force to collaborate with public and private sector stake-
holders to identify and develop an innovative technology 
or capability with the potential to enhance transportation 
security, including by— 
(1) conducting a field demonstration of such a 
technology or capability in an operational environ-
ment; 
(2) gathering performance data from such a 
demonstration to inform the acquisition process; and 
(3) to the extent practicable, providing funding 
and promoting efforts to enable participation in a 
demonstration by a small business that has an inno-
vative technology or capability but does not have 
adequate resources to participate in a field dem-
onstration under paragraph (1). 
(b) COMPOSITION.—The task force authorized under 
subsection (a) shall be chaired by the Administrator of the 
Transportation Security Administration’s designee and 
comprised of representatives appointed by the Adminis-
trator, in consultation with the Chairperson of the Avia-
tion Security Advisory Committee (established pursuant to 
section 44946 of title 49, United States Code). 
(c) ACTIVITIES.—The chair of the task force shall— 
(1) evaluate technologies and capabilities for 
field demonstrations with potential to enhance sur-
face transportation security, in addition to tech-
nologies and capabilities with potential to enhance 
aviation security; 
(2) coordinate with the Science and Technology 
Directorate of the Department of Homeland Secu-
rity to leverage such technologies and capabilities; 
and 
(3) submit to the Secretary of Homeland Secu-
rity an annual report regarding the task force’s ac-
tivities that identifies, for each such technology or 
capability, what mode of transportation could be en-
hanced by the integration of such technology or ca-
pability into security operations and, as appropriate, 
plans for deploying such technology or capability. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall require the Administrator of the Transportation 
Security Administration to acquire an innovative tech-
nology or capability. 
(e) NON-APPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the task force. 
SEC. 10. SECURITY TECHNOLOGIES TIED TO FOREIGN 
THREAT COUNTRIES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security, act-
ing through the Under Secretary for Intelligence and 
Analysis of the Department of Homeland Security, in con-
sultation with the Under Secretary for the National Pro-
tection and Programs Directorate of the Department, 
shall submit to the appropriate congressional committees 
an assessment of terrorist and other threats to the trans-
portation sector, including surface transportation assets, 
posed by the use of security technologies, including soft-
ware and networked technologies, developed or manufac-
tured by firms that are owned or closely linked to the gov-
ernments of countries that are known to pose a cyber or 
homeland security threat.
SEC. 11. SURFACE TRANSPORTATION SECURITY INSPEC-
TORS. 
(a) STRATEGY.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator of 
the Transportation Security Administration shall submit 
to the appropriate congressional committees and the 
Comptroller General of the United States a strategy to 
guide operations of surface transportation security inspec-
tors that addresses the following: 
(1) Any limitations in data systems for such in-
spectors, as identified by the Comptroller General. 
(2) Alignment of operations with risk assess-
ment findings, including an approach to identifying 
and prioritizing entities and locations for inspec-
tions. 
(3) Measurable objectives for the surface trans-
portation security inspectors program. 
(b) COMPTROLLER GENERAL REVIEW.—Not later 
than 180 days after the submission of the strategy re-
quired under subsection (b), the Comptroller General of
the United States shall review such strategy and, as ap-
propriate, issue recommendations. 
Passed the House of Representatives March 22, 
2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 5131 
AN ACT 
To improve the effectiveness of Federal efforts to 
identify and address homeland security risks to 
surface transportation, secure against vehicle- 
based attacks, and conduct a feasibility assess-
ment of introducing new security technologies 
and measures, and for other purposes.