1050 
‘‘(2) ensure that no TSA-specific security stand-
ards or algorithms exist on the screening equipment; 
and 
‘‘(3) verify that the appropriate officials have an 
adequate system— 
‘‘(A) to properly maintain and operate the 
screening equipment; and 
‘‘(B) to document and track any removal or 
disposal of the screening equipment to ensure the 
screening equipment does not come into the pos-
session of terrorists or otherwise pose a risk to se-
curity. 
‘‘(c) REPORTS.—Not later than 30 days before any do-
nation of security screening equipment under subsection 
(a), the Administrator shall provide to the Committee on 
Commerce, Science, and Transportation and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the 
House of Representatives a detailed written explanation of 
the following: 
‘‘(1) The specific vulnerability to the United 
States or United States citizens that will be mitigated 
by such donation. 
‘‘(2) An explanation as to why the recipient of 
such donation is unable or unwilling to purchase se-
1051 
curity screening equipment to mitigate such vulner-
ability. 
‘‘(3) An evacuation plan for sensitive tech-
nologies in case of emergency or instability in the 
country to which such donation is being made. 
‘‘(4) How the Administrator will ensure the secu-
rity screening equipment that is being donated is 
used and maintained over the course of its life by the 
recipient. 
‘‘(5) The total dollar value of such donation. 
‘‘(6) How the appropriate officials will document 
and track any removal or disposal of the screening 
equipment by the recipient to ensure the screening 
equipment does not come into the possession of terror-
ists or otherwise pose a risk to security.’’; and 
(2) in the table of contents, by inserting after the 
item relating to section 44928 the following: 
‘‘44929. Donation of screening equipment to protect the United States.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
Section 3204 of the Aviation Security Act of 2016 (49 
U.S.C. 44901 note) and the item relating to that section 
in the table of contents of that Act are repealed. 
(c) RAISING INTERNATIONAL STANDARDS.—Not later 
than 90 days after the date of enactment of this Act, the 
Administrator shall collaborate with other aviation authori-
ties and the United States Ambassador or the Charge d’Af-
1052 
faires to the United States Mission to the International 
Civil Aviation Organization, as applicable, to advance a 
global standard for each international airport to document 
and track the removal and disposal of any security screen-
ing equipment to ensure the screening equipment does not 
come into the possession of terrorists or otherwise pose a 
risk to security. 
SEC. 1956. INTERNATIONAL SECURITY STANDARDS. 
(a) GLOBAL AVIATION SECURITY REVIEW.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Administrator, 
in coordination with the Commissioner of the U.S. 
Customs and Border Protection, the Director of the 
Office of International Engagement of the Depart-
ment of Homeland Security, and the Secretary of 
State, shall conduct a global aviation security review 
to improve aviation security standards, including 
standards intended to mitigate cybersecurity threats, 
across the global aviation system. 
(2) BEST PRACTICES.—The global aviation secu-
rity review shall establish best practices regarding the 
following: 
(A) Collaborating with foreign partners to 
improve global aviation security capabilities and 
standards.
1053 
(B) Identifying foreign partners that— 
(i) have not successfully implemented 
security protocols from the International 
Civil Aviation Organization or the Depart-
ment of Homeland Security; and 
(ii) have not taken steps to implement 
such security protocols; 
(C) Improving the development, outreach, 
and implementation process for security direc-
tives or emergency amendments issued to domes-
tic and foreign air carriers. 
(D) Assessing the cybersecurity risk of secu-
rity screening equipment. 
(b) NOTIFICATION.—Not later than 90 days after the 
date of enactment of this Act, the Administrator, in con-
sultation with the United States Ambassador to the Inter-
national Civil Aviation Organization, shall notify the Com-
mittee on Commerce, Science, and Transportation and the 
Committee on Foreign Relations of the Senate, and the 
Committee on Homeland Security and the Committee on 
Foreign Affairs of the House of Representatives of the 
progress of the review under subsection (a) and any pro-
posed international improvements to aviation security. 
(c) ICAO.—Subject to subsection (a), the Adminis-
trator and Ambassador shall take such action at the Inter-
1054 
national Civil Aviation Organization as the Administrator 
and Ambassador consider necessary to advance aviation se-
curity improvement proposals, including if practicable, in-
troducing a resolution to raise minimum standards for 
aviation security. 
(d) BRIEFINGS TO CONGRESS.—Beginning not later 
than 180 days after the date of enactment of this Act, and 
periodically thereafter, the Administrator, in consultation 
with the Ambassador with respect to subsection (c), shall 
brief the Committee on Commerce, Science, and Transpor-
tation and the Committee on Foreign Relations of the Sen-
ate, and the Committee on Homeland Security and the 
Committee on Foreign Affairs of the House of Representa-
tives on the implementation of subsections (a) and (b). 
SEC. 1957. AVIATION SECURITY IN CUBA. 
(a) SECURITY OF PUBLIC CHARTER OPERATIONS.— 
The Administrator of the Transportation Security Admin-
istration, in coordination with the Secretary of Transpor-
tation and the Administrator of the Federal Aviation Ad-
ministration, shall— 
(1) direct all public charters operating flights be-
tween the United States and Cuba to provide updated 
flight schedules to, and maintain such schedules with, 
the Transportation Security Administration; and
1055 
(2) develop and implement a mechanism that 
corroborates and validates flight schedule data to 
more reliably track the public charter operations of 
air carriers between the United States and Cuba. 
(b) BRIEFING ON SECURITY AT AIRPORTS IN CUBA.— 
The Administrator shall provide to Congress (including the 
Committee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate) a confidential briefing on the 
following aspects of security measures at airports in Cuba 
that have air service to the United States: 
(1) Details about the type of equipment used at 
screening checkpoints and an analysis of the capabili-
ties and weaknesses of that equipment. 
(2) Information about each such airport’s canine 
screening program, if used. 
(3) The frequency of training for screening and 
security personnel. 
(4) Access controls in place to ensure only 
credentialed personnel have access to the secure and 
sterile areas of such airports. 
(5) An assessment of the ability of known or sus-
pected terrorists to use Cuba as a gateway to entering 
the United States. 
(6) Security of such airports’ perimeters.
1056 
(7) The vetting practices and procedures for air-
port employees. 
(8) Any other information the Administrator 
considers relevant to the security practices, proce-
dures, and equipment in place at such airports. 
SEC. 1958. REPORT ON AIRPORTS USED BY MAHAN AIR. 
(a) IN GENERAL.—Not later than 120 days after the 
date of enactment of this Act, and annually thereafter 
through 2021, the Secretary of Homeland Security, in con-
sultation with the Secretary of Transportation, the Sec-
retary of State, the Secretary of the Treasury, and the Di-
rector of National Intelligence, shall submit to Congress a 
report that includes— 
(1) a list of all airports at which aircraft owned 
or controlled by Mahan Air have landed during the 
2 years preceding the submission of the report; and 
(2) for each such airport— 
(A) an assessment of whether aircraft owned 
or controlled by Mahan Air continue to conduct 
operations at that airport; 
(B) an assessment of whether any of the 
landings of aircraft owned or controlled by 
Mahan Air were necessitated by an emergency 
situation;
1057 
(C) a determination regarding whether ad-
ditional security measures should be imposed on 
flights to the United States that originate from 
that airport; and 
(D) an explanation of the rationale for that 
determination. 
(b) FORM OF REPORT.—Each report required by sub-
section (a) shall be submitted in unclassified form, but may 
include a classified annex. 
(c) PUBLICATION OF LIST.—The list required by sub-
section (a)(1) shall be publicly and prominently posted on 
the website of the Department of Homeland Security on the 
date on which the report required by subsection (a) is sub-
mitted to Congress. 
Subtitle F—Cockpit and Cabin 
Security 
SEC. 1959. FEDERAL AIR MARSHAL SERVICE UPDATES. 
(a) STANDARDIZATION.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
shall develop a standard written agreement that shall 
be the basis of all negotiations and agreements that 
begin after the date of enactment of this Act between 
the United States and foreign governments or part-
ners regarding the presence of Federal air marshals
1058 
on flights to and from the United States, including 
deployment, technical assistance, and information 
sharing. 
(2) WRITTEN AGREEMENTS.—Except as provided 
in paragraph (3), not later than 180 days after the 
date of enactment of this Act, all agreements between 
the United States and foreign governments or part-
ners regarding the presence of Federal air marshals 
on flights to and from the United States shall be in 
writing and signed by the Administrator or other au-
thorized United States Government representative. 
(3) EXCEPTION.—The Administrator may sched-
ule Federal air marshal service on flights operating to 
a foreign country with which no written agreement is 
in effect if the Administrator determines that— 
(A) such mission is necessary for aviation 
security; and 
(B) the requirements of paragraph (4)(B) 
are met. 
(4) NOTIFICATION TO CONGRESS.— 
(A) WRITTEN
AGREEMENTS.—Not later 
than 30 days after the date that the Adminis-
trator enters into a written agreement under this 
section, the Administrator shall transmit to the
1059 
appropriate committees of Congress a copy of the 
agreement. 
(B) NO WRITTEN AGREEMENTS.—The Ad-
ministrator shall submit to the appropriate com-
mittees of Congress— 
(i) not later than 30 days after the 
date of enactment of this Act, a list of each 
foreign government or partner that does not 
have a written agreement under this section, 
including an explanation for why no writ-
ten agreement exists and a justification for 
the determination that such a mission is 
necessary for aviation security; and 
(ii) not later than 30 days after the 
date that the Administrator makes a deter-
mination to schedule Federal air marshal 
service on flights operating to a foreign 
country with which no written agreement is 
in effect under paragraph (3), the name of 
the applicable foreign government or part-
ner, an explanation for why no written 
agreement exists, and a justification for the 
determination that such mission is nec-
essary for aviation security.
1060 
(b) MISSION SCHEDULING AUTOMATION.—The Admin-
istrator shall endeavor to acquire automated capabilities or 
technologies for scheduling Federal air marshal service mis-
sions based on current risk modeling. 
(c) IMPROVING FEDERAL AIR MARSHAL SERVICE DE-
PLOYMENTS.— 
(1) AFTER-ACTION
REPORTS.—The Adminis-
trator shall strengthen internal controls to ensure that 
all after-action reports on Federal air marshal service 
special mission coverage provided to stakeholders in-
clude documentation of supervisory review and ap-
proval, and mandatory narratives. 
(2) STUDY.—The Administrator shall contract 
with an independent entity to conduct a validation 
and verification study of the risk analysis and risk- 
based determinations guiding Federal air marshal 
service deployment, including the use of risk-based 
strategies under subsection (d). 
(3) COST-BENEFIT
ANALYSIS.—The Adminis-
trator shall conduct a cost-benefit analysis regarding 
mitigation of aviation security threats through Fed-
eral air marshal service deployment. 
(4) PERFORMANCE
MEASURES.—The Adminis-
trator shall improve existing performance measures to 
better determine the effectiveness of in-flight oper-
1061 
ations in addressing the highest risks to aviation 
transportation based on current intelligence. 
(5) LONG DISTANCE FLIGHTS.—Section 44917 is 
amended— 
(A) by striking subsection (b); and 
(B) by redesignating subsections (c) through 
(d) as subsections (b) through (c), respectively. 
(d) USE OF RISK-BASED STRATEGIES.— 
(1) IN GENERAL.—Section 44917(a) is amend-
ed— 
(A) in paragraph (7), by striking ‘‘and’’ 
after the semicolon at the end; 
(B) in paragraph (8), by striking the period 
at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(9) shall require the Federal Air Marshal Serv-
ice to utilize a risk-based strategy when allocating re-
sources between international and domestic flight cov-
erage, including when initially setting its annual tar-
get numbers of average daily international and do-
mestic flights to cover; 
‘‘(10) shall require the Federal Air Marshal 
Service to utilize a risk-based strategy to support do-
mestic allocation decisions;
1062 
‘‘(11) shall require the Federal Air Marshal 
Service to utilize a risk-based strategy to support 
international allocation decisions; and 
‘‘(12) shall ensure that the seating arrangements 
of Federal air marshals on aircraft are determined in 
a manner that is risk-based and most capable of re-
sponding to current threats to aviation security.’’. 
(2) BRIEFING.—Not later than 270 days after 
the date of enactment of this Act, the Administrator 
shall brief the appropriate committees of Congress on 
the Federal Air Marshal Service’s compliance with 
the requirements under paragraphs (9) through (12) 
of section 44917(a) of title 49, United States Code, as 
added by this Act, and the documented methodology 
used by the Federal Air Marshal Service to conduct 
risk assessments in accordance with such paragraphs. 
(3) IMPLEMENTATION
DEADLINE.—Not later 
than 180 days after the date of enactment of this Act, 
the Administrator shall begin implementing the re-
quirements under paragraphs (9) through (12) of sec-
tion 44917(a), United States Code, as added by this 
Act. 
SEC. 1960. CREW MEMBER SELF-DEFENSE TRAINING. 
The Administrator, in consultation with the Adminis-
trator of the Federal Aviation Administration, shall con-
1063 
tinue to carry out and encourage increased participation 
by air carrier employees in the voluntary self-defense train-
ing program under section 44918(b) of title 49, United 
States Code. 
SEC. 1961. FLIGHT DECK SAFETY AND SECURITY. 
(a) THREAT ASSESSMENT.—Not later than 90 days 
after the date of enactment of this Act, the Administrator, 
in consultation with the Administrator of the Federal Avia-
tion Administration, shall complete a detailed threat assess-
ment to identify any safety or security risks associated with 
unauthorized access to the flight decks on commercial air-
craft and any appropriate measures that should be taken 
based on the risks. 
(b) RTCA REPORT.—The Administrator, in coordina-
tion with the Administrator of the Federal Aviation Admin-
istration, shall disseminate RTCA Document (DO–329) 
Aircraft Secondary Barriers and Alternative Flight Deck 
Security Procedure to aviation stakeholders, including air 
carriers and flight crew, to convey effective methods and 
best practices to protect the flight deck. 
SEC. 1962. CARRIAGE OF WEAPONS, EXPLOSIVES, AND IN-
CENDIARIES BY INDIVIDUALS. 
(a) INTERPRETIVE RULE.—Subject to subsections (b) 
and (c), the Administrator shall periodically review and 
amend, as necessary, the interpretive rule (68 Fed. Reg.
1064 
7444) that provides guidance to the public on the types of 
property considered to be weapons, explosives, and incendi-
aries prohibited under section 1540.111 of title 49, Code 
of Federal Regulations. 
(b) CONSIDERATIONS.—Before determining whether to 
amend the interpretive rule to include or remove an item 
from the prohibited list, the Administrator shall— 
(1) research and evaluate— 
(A) the impact, if any, the amendment 
would have on security risks; 
(B) the impact, if any, the amendment 
would have on screening operations, including 
effectiveness and efficiency; and 
(C) whether the amendment is consistent 
with international standards and guidance, in-
cluding of the International Civil Aviation Or-
ganization; and 
(2) consult with appropriate aviation security 
stakeholders, including ASAC. 
(c) EXCEPTIONS.—Except for plastic or round bladed 
butter knives, the Administrator may not amend the inter-
pretive rule described in subsection (a) to authorize any 
knife to be permitted in an airport sterile area or in the 
cabin of an aircraft. 
(d) NOTIFICATION.—The Administrator shall—
1065 
(1) publish in the Federal Register any amend-
ment to the interpretive rule described in subsection 
(a); and 
(2) notify the appropriate committees of Con-
gress of the amendment not later than 3 days before 
publication under paragraph (1). 
SEC. 1963. FEDERAL FLIGHT DECK OFFICER PROGRAM IM-
PROVEMENTS. 
(a) IMPROVED ACCESS TO TRAINING FACILITIES.— 
Section 44921(c)(2)(C)(ii) is amended— 
(1) by striking ‘‘The training of’’ and inserting 
the following: 
‘‘(I) IN GENERAL.—The training 
of’’; 
(2) in subclause (I), as designated, by striking 
‘‘approved by the Under Secretary’’; and 
(3) by adding at the end the following: 
‘‘(II) ACCESS
TO
TRAINING
FA-
CILITIES.—The 
Administrator 
shall 
designate additional firearms training 
facilities located in various regions of 
the United States for Federal flight 
deck officers for recurrent and requali-
fying training relative to the number
1066 
of such facilities available on the day 
before such date of enactment.’’. 
(b) 
FIREARMS
REQUALIFICATION.—Section 
44921(c)(2)(C) is amended— 
(1) in clause (iii)— 
(A) by striking ‘‘The Under Secretary 
shall’’ and inserting the following: 
‘‘(I) IN GENERAL.—The Adminis-
trator shall’’; 
(B) in subclause (I), as designated by sub-
paragraph (A), by striking ‘‘the Under Sec-
retary’’ and inserting ‘‘the Administrator’’; and 
(C) by adding at the end the following: 
‘‘(II) USE OF FACILITIES FOR RE-
QUALIFICATION.—The 
Administrator 
shall allow a Federal flight deck officer 
to requalify to carry a firearm under 
the program through training at a 
Transportation Security Administra-
tion-approved firearms training facil-
ity utilizing a Transportation Security 
Administration-approved 
contractor 
and a curriculum developed and ap-
proved by the Transportation Security 
Administration.’’; and
1068 
(d) OTHER MEASURES TO FACILITATE TRAINING.— 
Section 44921(e) is amended— 
(1) by striking ‘‘Pilots participating’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—Pilots participating’’; and 
(2) by adding at the end the following: 
‘‘(2) FACILITATION OF TRAINING.—An air car-
rier shall permit a pilot seeking to be deputized as a 
Federal flight deck officer or a Federal flight deck offi-
cer to take a reasonable amount of leave to partici-
pate in initial, recurrent, or requalification training, 
as applicable, for the program. Leave required under 
this paragraph may be provided without compensa-
tion.’’. 
(e) 
INTERNATIONAL
HARMONIZATION.—Section 
44921(f) is amended— 
(1) in paragraphs (1) and (3), by striking 
‘‘Under Secretary’’ and inserting ‘‘Administrator’’; 
and 
(2) by adding at the end the following: 
‘‘(4) CONSISTENCY WITH FEDERAL AIR MARSHAL 
PROGRAM.—The Administrator shall harmonize, to 
the extent practicable and in a manner that does not 
jeopardize existing Federal air marshal agreements, 
the policies relating to the carriage of firearms on
1069 
international flights by Federal flight deck officers 
with the policies of the Federal air marshal program 
for carrying firearms on such flights and carrying 
out the duties of a Federal flight deck officer, notwith-
standing Annex 17 of the International Civil Avia-
tion Organization.’’. 
(f) PHYSICAL STANDARDS.—Section 44921(d)(2) is 
amended— 
(1) by redesignating subparagraphs (A), (B), 
and (C) as clauses (i), (ii), and (iii), respectively; 
(2) in clause (ii), as redesignated, by striking 
‘‘Under Secretary’s’’ and inserting ‘‘Administrator’s’’; 
(3) by striking ‘‘A pilot is’’ and inserting the fol-
lowing: 
‘‘(A) IN GENERAL.—A pilot is’’; and 
(4) by adding at the end the following: 
‘‘(B) CONSISTENCY
WITH
REQUIREMENTS 
FOR
CERTAIN
MEDICAL
CERTIFICATES.—In es-
tablishing 
standards 
under 
subparagraph 
(A)(ii), the Administrator may not establish 
medical or physical standards for a pilot to be-
come a Federal flight deck officer that are incon-
sistent with or more stringent than the require-
ments of the Federal Aviation Administration 
for the issuance of the required airman medical
1070 
certificate under part 67 of title 14, Code of Fed-
eral Regulations (or any corresponding similar 
regulation or ruling).’’. 
(g) TRANSFER
OF
STATUS.—Section 44921(d) is 
amended by adding at the end the following: 
‘‘(5) TRANSFER FROM INACTIVE TO ACTIVE STA-
TUS.—In accordance with any applicable Transpor-
tation Security Administration appeals processes, a 
pilot deputized as a Federal flight deck officer who 
moves to inactive status may return to active status 
upon successful completion of a recurrent training 
program administered within program guidelines.’’. 
(h) TECHNICAL CORRECTIONS.—Section 44921, as 
amended by this section, is further amended— 
(1) in subsection (a), by striking ‘‘Under Sec-
retary of Transportation for Security’’ and inserting 
‘‘Administrator’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘Not later 
than 3 months after the date of enactment of this 
section, the Under Secretary’’ and inserting ‘‘The 
Administrator’’; 
(B) in paragraph (2), by striking ‘‘Begin-
ning 3 months after the date of enactment of this 
section, the Under Secretary shall begin the proc-
1071 
ess of training and deputizing’’ and inserting 
‘‘The Administrator shall train and deputize’’; 
and 
(C) in paragraph (3)(N), by striking 
‘‘Under Secretary’s’’ and inserting ‘‘Administra-
tor’s’’; 
(3) in subsection (d)(4)— 
(A) by striking ‘‘may,’’ and inserting 
‘‘may’’; and 
(B) by striking ‘‘Under Secretary’s’’ and in-
serting ‘‘Administrator’s’’; 
(4) in subsection (i)(2), by striking ‘‘the Under 
Secretary may’’ and inserting ‘‘may’’; 
(5) in subsection (k)— 
(A) by striking paragraphs (2) and (3); and 
(B) by striking ‘‘APPLICABILITY.—’’ and all 
that follows through ‘‘This section’’ and inserting 
‘‘APPLICABILITY.—This section’’; 
(6) by adding at the end the following: 
‘‘(l) DEFINITIONS.—In this section: 
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Transpor-
tation Security Administration. 
‘‘(2) AIR
TRANSPORTATION.—The term ‘air 
transportation’ includes all-cargo air transportation.
1072 
‘‘(3) FIREARMS TRAINING FACILITY.—The term 
‘firearms training facility’ means a private or gov-
ernment-owned gun range approved by the Adminis-
trator to provide recurrent or requalification train-
ing, as applicable, for the program, utilizing a Trans-
portation Security Administration-approved con-
tractor and a curriculum developed and approved by 
the Transportation Security Administration. 
‘‘(4) PILOT.—The term ‘pilot’ means an indi-
vidual who has final authority and responsibility for 
the operation and safety of the flight or any other 
flight deck crew member.’’; and 
(7) by striking ‘‘Under Secretary’’ each place it 
appears and inserting ‘‘Administrator’’. 
(i) SENSITIVE SECURITY INFORMATION.—Not later 
than 180 days after the date of enactment of this Act— 
(1) the Secretary of Transportation shall revise 
section 15.5(b)(11) of title 49, Code of Federal Regu-
lations, to classify information about pilots deputized 
as Federal flight deck officers under section 44921 of 
title 49, United States Code, as sensitive security in-
formation in a manner consistent with the classifica-
tion of information about Federal air marshals; and 
(2) the Administrator shall revise section 
1520.5(b)(11) of title 49, Code of Federal Regulations,
1073 
to classify information about pilots deputized as Fed-
eral flight deck officers under section 44921 of title 
49, United States Code, as sensitive security informa-
tion in a manner consistent with the classification of 
information about Federal air marshals. 
(j) REGULATIONS.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall pre-
scribe such regulations as may be necessary to carry out 
this section and the amendments made by this section. 
Subtitle G—Surface Transportation 
Security 
SEC. 1964. SURFACE TRANSPORTATION SECURITY ASSESS-
MENT AND IMPLEMENTATION OF RISK-BASED 
STRATEGY. 
(a) SECURITY ASSESSMENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
shall complete an assessment of the vulnerabilities of 
and risks to surface transportation systems. 
(2) CONSIDERATIONS.—In conducting the secu-
rity assessment under paragraph (1), the Adminis-
trator shall, at a minimum— 
(A) consider appropriate intelligence;
1075 
(1) IN GENERAL.—Not later than 180 days after 
the date the security assessment under subsection (a) 
is complete, the Administrator shall use the results of 
the assessment— 
(A) to develop and implement a cross-cut-
ting, risk-based surface transportation security 
strategy that includes— 
(i) all surface transportation modes; 
(ii) a mitigating strategy that aligns 
with each vulnerability and risk identified 
in subsection (a); 
(iii) a planning process to inform re-
source allocation; 
(iv) priorities, milestones, and per-
formance metrics to measure the effective-
ness of the risk-based surface transportation 
security strategy; and 
(v) processes for sharing relevant and 
timely intelligence threat information with 
appropriate stakeholders; 
(B) to develop a management oversight 
strategy that— 
(i) identifies the parties responsible for 
the implementation, management, and over-
1076 
sight of the risk-based surface transpor-
tation security strategy; and 
(ii) includes a plan for implementing 
the risk-based surface transportation secu-
rity strategy; and 
(C) to modify the risk-based budget and re-
source allocations, in accordance with section 
1965(c), for the Transportation Security Admin-
istration. 
(2) COORDINATED
APPROACH.—In developing 
and implementing the risk-based surface transpor-
tation security strategy under paragraph (1), the Ad-
ministrator shall coordinate with the heads of other 
relevant Federal departments or agencies, and stake-
holders, as appropriate— 
(A) to evaluate existing surface transpor-
tation security programs, policies, and initia-
tives, including the explosives detection canine 
teams, for consistency with the risk-based secu-
rity strategy and, to the extent practicable, avoid 
any unnecessary duplication of effort; 
(B) to determine the extent to which stake-
holder security programs, policies, and initia-
tives address the vulnerabilities and risks to sur-
1077 
face transportation systems identified in sub-
section (a); and 
(C) subject to subparagraph (B), to mitigate 
each vulnerability and risk to surface transpor-
tation systems identified in subsection (a). 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date the security assessment under subsection (a) 
is complete, the Administrator shall submit to the ap-
propriate committees of Congress and the Inspector 
General of the Department a report that— 
(A) describes the process used to complete 
the security assessment; 
(B) describes the process used to develop the 
risk-based security strategy; 
(C) describes the risk-based security strat-
egy; 
(D) includes the management oversight 
strategy; 
(E) includes— 
(i) the findings of the security assess-
ment; 
(ii) a description of the actions rec-
ommended or taken by the Administrator to 
mitigate the vulnerabilities and risks identi-
1078 
fied in subsection (a), including interagency 
coordination; 
(iii) any recommendations for improv-
ing the coordinated approach to mitigating 
vulnerabilities and risks to surface trans-
portation systems; and 
(iv) any recommended changes to the 
National Infrastructure Protection Plan, the 
modal annexes to such plan, or relevant 
surface transportation security programs, 
policies, or initiatives; and 
(F) may contain a classified annex. 
(2) PROTECTIONS.—In preparing the report, the 
Administrator shall take appropriate actions to safe-
guard information described by section 552(b) of title 
5, United States Code, or protected from disclosure by 
any other law of the United States. 
(d) UPDATES.—Not less frequently than semiannually, 
the Administrator shall report to or brief the appropriate 
committees of Congress on the vulnerabilities of and risks 
to 
surface 
transportation 
systems 
and 
how 
those 
vulnerabilities and risks affect the risk-based security strat-
egy.
1079 
SEC. 1965. RISK-BASED BUDGETING AND RESOURCE ALLO-
CATION. 
(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 
to the appropriate committees of Congress a report that de-
scribes a risk-based budget and resource allocation plan for 
surface transportation sectors, within and across modes, 
that— 
(1) reflects the risk-based surface transportation 
security strategy under section 1964(b); and 
(2) is organized by appropriations account, pro-
gram, project, and initiative. 
(b) BUDGET TRANSPARENCY.—In submitting the an-
nual 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 trans-
portation 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 Transportation Security Ad-
ministration allocates any resources or personnel, in-
cluding personnel sharing, detailing, or assignment, 
or the use of facilities, technology systems, or vetting 
resources, for a nontransportation security purpose or
1080 
National Special Security Event (as defined in sec-
tion 2001 of Homeland Security Act of 2002 (6 
U.S.C. 601)), the Secretary shall provide the notifica-
tion described in paragraph (2) to the appropriate 
committees of Congress. 
(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 Transportation 
Security Administration of the personnel or re-
source allocation. 
(d) 5-YEAR CAPITAL INVESTMENT PLAN.—Not later 
than 180 days after the date of enactment of this Act, the 
Administrator shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Homeland Security of the House of Representa-
tives a 5-year capital investment plan, consistent with the 
5-year technology investment plan under section 1611 of 
title XVI of the Homeland Security Act of 2002, as amended 
by section 3 of the Transportation Security Acquisition Re-
form Act (Public Law 113–245; 128 Stat. 2871).
1081 
SEC. 1966. SURFACE TRANSPORTATION SECURITY MANAGE-
MENT AND INTERAGENCY COORDINATION RE-
VIEW. 
Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States 
shall— 
(1) review the staffing, budget, resource, and per-
sonnel allocation, and management oversight strategy 
of the Transportation Security Administration’s sur-
face transportation security programs; 
(2) review the coordination between relevant en-
tities of leadership, planning, policy, inspections, and 
implementation of security programs relating to sur-
face transportation to reduce redundancy and regu-
latory burden; and 
(3) submit to the appropriate committees of Con-
gress a report on the findings of the reviews under 
paragraphs (1) and (2), including any recommenda-
tions for improving coordination between relevant en-
tities and reducing redundancy and regulatory bur-
den. 
SEC. 1967. TRANSPARENCY. 
(a) REGULATIONS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, and every 180 days 
thereafter, the Administrator shall publish on a public
1082 
website information regarding the status of each regu-
lation relating to surface transportation security that 
is directed by law to be issued and that has not been 
issued if not less than 2 years have passed since the 
date of enactment of the law. 
(2) 
CONTENTS.—The 
information 
published 
under paragraph (1) shall include— 
(A) an updated rulemaking schedule for the 
outstanding regulation; 
(B) current staff allocations; 
(C) data collection or research relating to 
the development of the rulemaking; 
(D) current efforts, if any, with security ex-
perts, advisory committees, and other stake-
holders; and 
(E) other relevant details associated with 
the development of the rulemaking that impact 
the progress of the rulemaking. 
(b) 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 title have been fully implemented, the In-
1083 
spector General of the Department shall submit to the ap-
propriate committees of Congress a report that— 
(1) identifies the requirements under such titles 
of that Act and under this title that have not been 
fully implemented; 
(2) describes what, if any, additional action is 
necessary; and 
(3) includes recommendations regarding whether 
any of the requirements under such titles of that Act 
or this title should be amended or repealed. 
SEC. 1968. TSA COUNTERTERRORISM ASSET DEPLOYMENT. 
(a) COUNTERTERRORISM ASSET DEPLOYMENT.— 
(1) IN GENERAL.—If the Administrator deploys 
any counterterrorism personnel or resource, such as 
explosive detection sweeps, random bag inspections, or 
patrols by Visible Intermodal Prevention and Re-
sponse teams, to enhance security at a transportation 
system or transportation facility for a period of not 
less than 180 consecutive days, the Administrator 
shall provide sufficient notification to the system or 
facility operator, as applicable, not less than 14 days 
prior to terminating the deployment. 
(2) EXCEPTION.—This subsection shall not apply 
if the Administrator—
1084 
(A) determines there is an urgent security 
need for the personnel or resource described in 
paragraph (1); and 
(B) notifies the appropriate committees of 
Congress of the determination under subpara-
graph (A). 
(b) VIPR TEAMS.—Section 1303 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1112) is amended— 
(1) in subsection (a)(4), by striking ‘‘team,’’ and 
inserting ‘‘team as to specific locations and times 
within the facilities of such entities at which VIPR 
teams are to be deployed to maximize the effectiveness 
of such deployment,’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) PERFORMANCE MEASURES.—Not later than 1 
year after the date of enactment of the TSA Modernization 
Act, the Administrator shall develop and implement a sys-
tem of qualitative performance measures and objectives by 
which to assess the roles, activities, and effectiveness of 
VIPR team operations on an ongoing basis, including a 
mechanism through which the transportation entities re-
ferred to in subsection (a)(4) may submit feedback on VIPR 
team operations involving their systems or facilities.
1085 
‘‘(c) PLAN.—Not later than 1 year after the date of 
the enactment of the TSA Modernization Act, the Adminis-
trator shall develop and implement a plan for ensuring the 
interoperability of communications among VIPR team par-
ticipants and between VIPR teams and any transportation 
entities with systems or facilities that are involved in VIPR 
team operations. Such plan shall include an analysis of the 
costs and resources required to carry out such plan.’’. 
SEC. 1969. SURFACE TRANSPORTATION SECURITY ADVI-
SORY COMMITTEE. 
(a) IN GENERAL.—Subtitle A of title IV of the Home-
land Security Act of 2002 (6 U.S.C. 201 et seq.) is amended 
by adding at the end the following: 
‘‘SEC. 404. SURFACE TRANSPORTATION SECURITY ADVI-
SORY COMMITTEE. 
‘‘(a) ESTABLISHMENT.—The Administrator of the 
Transportation Security Administration (referred to in this 
section as ‘Administrator’) shall establish within the Trans-
portation Security Administration the Surface Transpor-
tation Security Advisory Committee (referred to in this sec-
tion as the ‘Advisory Committee’). 
‘‘(b) DUTIES.— 
‘‘(1) IN
GENERAL.—The Advisory Committee 
may advise, consult with, report to, and make rec-
ommendations to the Administrator on surface trans-
1086 
portation security matters, including the development, 
refinement, and implementation of policies, programs, 
initiatives, rulemakings, and security directives per-
taining to surface transportation security. 
‘‘(2) 
RISK-BASED
SECURITY.—The 
Advisory 
Committee shall consider risk-based security ap-
proaches in the performance of its duties. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) COMPOSITION.—The Advisory Committee 
shall be composed of— 
‘‘(A) voting members appointed by the Ad-
ministrator under paragraph (2); and 
‘‘(B) nonvoting members, serving in an ad-
visory capacity, who shall be designated by— 
‘‘(i) the Transportation Security Ad-
ministration; 
‘‘(ii) the Department of Transpor-
tation; 
‘‘(iii) the Coast Guard; and 
‘‘(iv) such other Federal department or 
agency as the Administrator considers ap-
propriate. 
‘‘(2) APPOINTMENT.—The Administrator shall 
appoint voting members from among stakeholders rep-
resenting each mode of surface transportation, such as
1087 
passenger rail, freight rail, mass transit, pipelines, 
highways, over-the-road bus, school bus industry, and 
trucking, including representatives from— 
‘‘(A) associations representing such modes of 
surface transportation; 
‘‘(B) labor organizations representing such 
modes of surface transportation; 
‘‘(C) groups representing the users of such 
modes of surface transportation, including asset 
manufacturers, as appropriate; 
‘‘(D) relevant law enforcement, first re-
sponders, and security experts; and 
‘‘(E) such other groups as the Adminis-
trator considers appropriate. 
‘‘(3) CHAIRPERSON.—The Advisory Committee 
shall select a chairperson from among its voting mem-
bers. 
‘‘(4) 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.
1088 
‘‘(ii) 
REAPPOINTMENT.—A 
voting 
member of the Advisory Committee may be 
reappointed. 
‘‘(B) REMOVAL.— 
‘‘(i) IN GENERAL.—The Administrator 
may review the participation of a member 
of the Advisory Committee and remove such 
member for cause at any time. 
‘‘(ii) ACCESS
TO
INFORMATION.—The 
Administrator may remove any member of 
the Advisory Committee that the Adminis-
trator determines should be restricted from 
reviewing, discussing, or possessing classi-
fied information or sensitive security infor-
mation. 
‘‘(5) 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. 
‘‘(6) 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 meet-
ings as necessary.
1089 
‘‘(B) PUBLIC MEETINGS.—At least 1 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 Com-
mittee 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 under subsection (e)(5). 
‘‘(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. 
‘‘(7) 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
1090 
appointed to the Advisory Committee and before 
that voting member may be granted any access 
to classified information or sensitive security in-
formation, the Administrator shall determine if 
the voting member should be restricted from re-
viewing, discussing, or possessing classified in-
formation or sensitive security information. 
‘‘(B) ACCESS.— 
‘‘(i) SENSITIVE
SECURITY
INFORMA-
TION.—If a voting member is not restricted 
from reviewing, discussing, or possessing 
sensitive security information under sub-
paragraph (A) and voluntarily signs a non-
disclosure agreement, the voting member 
may be granted access to sensitive security 
information that is relevant to the voting 
member’s service on the Advisory Com-
mittee. 
‘‘(ii) CLASSIFIED
INFORMATION.—Ac-
cess to classified materials shall be managed 
in accordance with Executive Order 13526 
of December 29, 2009 (75 Fed. Reg. 707), or 
any subsequent corresponding Executive 
order. 
‘‘(C) PROTECTIONS.—
1091 
‘‘(i) SENSITIVE
SECURITY
INFORMA-
TION.—Voting members shall protect sen-
sitive security information in accordance 
with part 1520 of title 49, Code of Federal 
Regulations. 
‘‘(ii) CLASSIFIED INFORMATION.—Vot-
ing members shall protect classified infor-
mation in accordance with the applicable 
requirements for the particular level of clas-
sification. 
‘‘(8) JOINT COMMITTEE MEETINGS.—The Advi-
sory Committee may meet with 1 or more of the fol-
lowing advisory committees to discuss multimodal se-
curity issues and other security-related issues of com-
mon concern: 
‘‘(A) Aviation Security Advisory Committee 
established under section 44946 of title 49, 
United States Code. 
‘‘(B) Maritime Security Advisory Com-
mittee established under section 70112 of title 46, 
United States Code. 
‘‘(C) Railroad Safety Advisory Committee 
established by the Federal Railroad Administra-
tion.
1092 
‘‘(9) SUBJECT MATTER EXPERTS.—The Advisory 
Committee may request the assistance of subject mat-
ter experts with expertise related to the jurisdiction of 
the Advisory Committee. 
‘‘(d) REPORTS.— 
‘‘(1) PERIODIC REPORTS.—The Advisory Com-
mittee shall periodically submit reports to the Admin-
istrator on matters requested by the Administrator or 
by a majority of the members of the Advisory Com-
mittee. 
‘‘(2) ANNUAL REPORT.— 
‘‘(A) SUBMISSION.—The Advisory Com-
mittee shall submit to the Administrator and the 
appropriate congressional committees an annual 
report that provides information on the activi-
ties, findings, and recommendations of the Advi-
sory Committee during the preceding year. 
‘‘(B) PUBLICATION.—Not later than 6 
months after the date that the Administrator re-
ceives an annual report under subparagraph (A), 
the Administrator shall publish a public version 
of the report, in accordance with section 552a(b) 
of title 5, United States Code. 
‘‘(e) ADMINISTRATION RESPONSE.—
1093 
‘‘(1) CONSIDERATION.—The Administrator shall 
consider the information, advice, and recommenda-
tions of the Advisory Committee in formulating poli-
cies, programs, initiatives, rulemakings, and security 
directives pertaining to surface transportation secu-
rity. 
‘‘(2) FEEDBACK.—Not later than 90 days after 
the date that the Administrator receives a rec-
ommendation from the Advisory Committee under 
subsection (d)(2), the Administrator shall submit to 
the Advisory Committee written feedback on the rec-
ommendation, including— 
‘‘(A) if the Administrator agrees with the 
recommendation, a plan describing the actions 
that the Administrator has taken, will take, or 
recommends that the head of another Federal de-
partment or agency take to implement the rec-
ommendation; or 
‘‘(B) if the Administrator disagrees with the 
recommendation, a justification for that deter-
mination. 
‘‘(3) NOTICES.—Not later than 30 days after the 
date the Administrator submits feedback under para-
graph (2), the Administrator shall—
1094 
‘‘(A) notify the appropriate congressional 
committees of the feedback, including the deter-
mination under subparagraph (A) or subpara-
graph (B) of that paragraph, as applicable; and 
‘‘(B) provide the appropriate congressional 
committees with a briefing upon request. 
‘‘(4) UPDATES.—Not later than 90 days after the 
date the Administrator receives a recommendation 
from the Advisory Committee under subsection (d)(2) 
that the Administrator agrees with, and quarterly 
thereafter until the recommendation is fully imple-
mented, the Administrator shall submit a report to 
the appropriate congressional committees or post on 
the public website under paragraph (5) an update on 
the status of the recommendation. 
‘‘(5) WEBSITE.—The Administrator shall main-
tain a public website that— 
‘‘(A) lists the members of the Advisory Com-
mittee; and 
‘‘(B) provides the contact information for 
the Advisory Committee. 
‘‘(f) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the 
Advisory Committee or any subcommittee established under 
this section.’’.
1095 
(b) ADVISORY COMMITTEE MEMBERS.— 
(1) VOTING MEMBERS.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator shall appoint the voting members of the Sur-
face Transportation Security Advisory Committee es-
tablished under section 404 of the Homeland Security 
Act of 2002, as added by subsection (a) of this section. 
(2) NONVOTING MEMBERS.—Not later than 90 
days after the date of enactment of this Act, each Fed-
eral Government department and agency with regu-
latory authority over a mode of surface or maritime 
transportation, as the Administrator considers appro-
priate, shall designate an appropriate representative 
to serve as a nonvoting member of the Surface Trans-
portation 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 Security Advisory Committee.’’. 
SEC. 1970. REVIEW OF THE EXPLOSIVES DETECTION CA-
NINE TEAM PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the 
date that the Inspector General of the Department receives 
the report under section 1964(c), the Inspector General of 
the Department shall—
1096 
(1) review the explosives detection canine team 
program, including— 
(A) the development by the Transportation 
Security Administration of a deployment strat-
egy for explosives detection canine teams; 
(B) the national explosives detection canine 
team training program, including canine train-
ing, handler training, refresher training, and 
updates to such training; 
(C) the use of the canine assets during an 
urgent security need, including the reallocation 
of such program resources outside the transpor-
tation systems sector during an urgent security 
need; and 
(D) the monitoring and tracking of canine 
assets; and 
(2) submit to the appropriate committees of Con-
gress a report on the review, including any rec-
ommendations. 
(b) CONSIDERATIONS.—In conducting the review of the 
deployment strategy under subsection (a)(1)(A), the Inspec-
tor General shall consider whether the Transportation Secu-
rity Administration’s method to analyze the risk to trans-
portation facilities and transportation systems is appro-
priate.
1097 
SEC. 1971. EXPANSION OF NATIONAL EXPLOSIVES DETEC-
TION CANINE TEAM PROGRAM. 
(a) IN GENERAL.—The Secretary, where appropriate, 
shall 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. 
(b) INCREASED CAPACITY.— 
(1) IN GENERAL.—Before the date the Inspector 
General of the Department submits the report under 
section 1970, the Administrator may increase the 
number of State and local surface and maritime 
transportation canines by not more than 70 explo-
sives detection canine teams. 
(2) ADDITIONAL TEAMS.—Beginning on the date 
the Inspector General of the Department submits the 
report under section 1970, the Secretary may increase 
the State and local surface and maritime transpor-
tation canines up to 200 explosives detection canine 
teams unless more are identified in the risk-based sur-
face transportation security strategy under section 
1964, consistent with section 1965 or with the Presi-
dent’s most recent budget submitted under section 
1105 of title 31, United States Code. 
(3) RECOMMENDATIONS.—Before initiating any 
increase in the number of explosives detection teams
1098 
under paragraph (2), the Secretary shall consider any 
recommendations in the report under section 1970 on 
the efficacy and management of the explosives detec-
tion canine program. 
(c) DEPLOYMENT.—The Secretary shall— 
(1) use the additional explosives detection canine 
teams, as described in subsection (b)(1), as part of the 
Department’s efforts to strengthen security across the 
Nation’s surface and maritime transportation net-
works; 
(2) make available explosives detection canine 
teams to all modes of transportation, subject to the re-
quirements under section 1968, to address specific 
vulnerabilities or risks, on an as-needed basis and as 
otherwise determined appropriate by the Secretary; 
and 
(3) consider specific needs and training require-
ments for explosives detection canine teams to be de-
ployed across the Nation’s surface and maritime 
transportation networks, including in venues of mul-
tiple modes of transportation, as the Secretary con-
siders appropriate. 
(d) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary to the extent of appropriations
1099 
to carry out this section for each of fiscal years 2019 
through 2021. 
SEC. 1972. STUDY ON SECURITY STANDARDS AND BEST 
PRACTICES 
FOR 
PASSENGER 
TRANSPOR-
TATION SYSTEMS. 
(a) SECURITY STANDARDS AND BEST PRACTICES FOR 
UNITED STATES
AND FOREIGN PASSENGER TRANSPOR-
TATION SYSTEMS.—The Comptroller General of the United 
States shall conduct a study of how the Transportation Se-
curity Administration— 
(1) identifies and compares— 
(A) United States and foreign passenger 
transportation security standards; and 
(B) best practices for protecting passenger 
transportation systems, including shared ter-
minal facilities, and cyber systems; and 
(2) disseminates the findings under paragraph 
(1) to stakeholders. 
(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 for improving the rel-
evant processes or procedures.
1101 
(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; 
‘‘(J) for improvements to employee and con-
tractor verification systems, including identity 
verification technology; or 
‘‘(K) for improvements to the security of 
Amtrak computer systems, including cybersecu-
rity assessments and programs.’’. 
SEC. 1974. PASSENGER RAIL VETTING. 
(a) IN GENERAL.—Not later than 180 days after the 
date on which the Amtrak Board of Directors submits a 
request to the Administrator, the Administrator shall issue 
a decision on the use by Amtrak of the Transportation Se-
curity Administration’s Secure Flight Program or a simi-
lar passenger vetting system to enhance passenger rail secu-
rity. 
(b) CONSIDERATIONS.—In making a decision under 
subsection (a), the Administrator shall— 
(1) consider the technological, privacy, oper-
ational, and security impacts of such a decision; and 
(2) describe such impacts in any strategic plan 
developed under subsection (c).
1102 
(c) STRATEGIC PLAN.—If the Administrator decides to 
grant the request by Amtrak under subsection (a), the deci-
sion shall include a strategic plan for working with rail 
stakeholders to enhance passenger rail security by— 
(1) vetting passengers using terrorist watch lists 
maintained by the Federal Government or a similar 
passenger vetting system maintained by the Trans-
portation Security Administration; and 
(2) where applicable and in consultation with 
the Commissioner of U.S. Customs and Border Pro-
tection, assessing whether the vetting process should be 
integrated into preclearance operations established 
under section 813 of the Trade Facilitation and 
Trade Enforcement Act of 2015 (19 U.S.C. 4432). 
(d) NOTICES.—The Administrator shall notify the ap-
propriate committees of Congress of any decision made 
under subsection (a) and the details of the strategic plan 
under subsection (c). 
(e) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to limit the Administrator’s authority to 
set the access to, or terms and conditions of using, the Se-
cure Flight Program or a similar passenger vetting system.
1103 
SEC. 1975. STUDY ON SURFACE TRANSPORTATION INSPEC-
TORS. 
(a) STRATEGY.—Not later than 180 days after the date 
of enactment of this Act, the Administrator shall submit 
to the appropriate congressional committees and the Comp-
troller General of the United States a strategy to guide oper-
ations of surface transportation security inspectors that ad-
dresses the following: 
(1) Any limitations in data systems for such in-
spectors, as identified by the Comptroller General. 
(2) Alignment of operations with risk assessment 
findings, including an approach to identifying and 
prioritizing entities and locations for inspections. 
(3) Measurable objectives for the surface trans-
portation security inspectors program. 
(b) GAO REVIEW.—Not later than 180 days after the 
date the strategy under subsection (a) is submitted, the 
Comptroller General of the United States shall review such 
strategy and, as appropriate, issue recommendations. 
SEC. 1976. SECURITY AWARENESS PROGRAM. 
(a) ESTABLISHMENT.—The Administrator shall estab-
lish a program to promote surface transportation security 
through the training of surface transportation operators 
and frontline employees on each of the skills identified in 
subsection (c).
1104 
(b) APPLICATION.—The program established under 
subsection (a) shall apply to all modes of surface transpor-
tation, including public transportation, rail, highway, 
motor carrier, and pipeline. 
(c) TRAINING.—The program established under sub-
section (a) shall cover, at a minimum, the skills necessary 
to recognize, assess, and respond to suspicious items or ac-
tions that could indicate a threat to transportation. 
(d) ASSESSMENT.— 
(1) IN GENERAL.—The Administrator shall con-
duct an assessment of current training programs for 
surface transportation operators and frontline em-
ployees. 
(2) CONTENTS.—The assessment shall identify— 
(A) whether other training is being pro-
vided, either voluntarily or in response to other 
Federal requirements; and 
(B) whether there are any gaps in existing 
training. 
(e) UPDATES.—The Administrator shall ensure the 
program established under subsection (a) is updated as nec-
essary to address changes in risk and terrorist methods and 
to close any gaps identified in the assessment under sub-
section (d). 
(f) SUSPICIOUS ACTIVITY REPORTING.—
1105 
(1) IN GENERAL.—The Secretary shall maintain 
a national telephone number for an individual to use 
to report suspicious activity under this section to the 
Administration. 
(2) PROCEDURES.—The Administrator shall es-
tablish procedures for the Administration— 
(A) to review and follow-up, as necessary, 
on each report received under paragraph (1); 
and 
(B) to share, as necessary and in accord-
ance with law, the report with appropriate Fed-
eral, State, local, and tribal entities. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to— 
(A) replace or affect in any way the use of 
9–1–1 services in an emergency; or 
(B) replace or affect in any way the secu-
rity training program requirements specified in 
sections 1408, 1517, and 1534 of the Imple-
menting Recommendations of the 9/11 Commis-
sion Act of 2007 (6 U.S.C. 1137, 1167, 1184). 
(g) DEFINITION OF FRONTLINE EMPLOYEE.—In this 
section, the term ‘‘frontline employee’’ includes— 
(1) an employee of a public transportation agen-
cy who is a transit vehicle driver or operator, dis-
1106 
patcher, maintenance and maintenance support em-
ployee, station attendant, customer service employee, 
security employee, or transit police, or any other em-
ployee who has direct contact with riders on a regular 
basis, and any other employee of a public transpor-
tation agency that the Administrator determines 
should receive security training under this section or 
that is receiving security training under other law; 
(2) over-the-road bus drivers, security personnel, 
dispatchers, maintenance and maintenance support 
personnel, ticket agents, other terminal employees, 
and other employees of an over-the-road bus operator 
or terminal owner or operator that the Administrator 
determines should receive security training under this 
section or that is receiving security training under 
other law; or 
(3) security personnel, dispatchers, locomotive 
engineers, conductors, trainmen, other onboard em-
ployees, maintenance and maintenance support per-
sonnel, bridge tenders, and any other employees of 
railroad carriers that the Administrator determines 
should receive security training under this section or 
that is receiving security training under other law.
1107 
SEC. 1977. VOLUNTARY USE OF CREDENTIALING. 
(a) IN GENERAL.—An applicable individual who is 
subject to credentialing or a background investigation may 
satisfy that requirement by obtaining a valid transpor-
tation security card. 
(b) ISSUANCE OF CARDS.—The Secretary of Homeland 
Security— 
(1) shall expand the transportation security card 
program, consistent with section 70105 of title 46, 
United States Code, to allow an applicable individual 
who is subject to credentialing or a background inves-
tigation to apply for a transportation security card; 
and 
(2) may charge reasonable fees, in accordance 
with section 520(a) of the Department of Homeland 
Security Appropriations Act, 2004 (6 U.S.C. 469(a)), 
for providing the necessary credentialing and back-
ground investigation. 
(c) VETTING.—The Administrator shall develop and 
implement a plan to utilize, in addition to any background 
check required for initial issue, the Federal Bureau of Inves-
tigation’s Rap Back Service and other vetting tools as ap-
propriate, including the No-Fly and Selectee lists, to get 
immediate notification of any criminal activity relating to 
any person with a valid transportation security card. 
(d) DEFINITIONS.—In this section:
1108 
(1) APPLICABLE INDIVIDUAL WHO IS SUBJECT 
TO CREDENTIALING OR A BACKGROUND INVESTIGA-
TION.—The term ‘‘applicable individual who is sub-
ject to credentialing or a background investigation’’ 
means only an individual who— 
(A) because of employment is regulated by 
the Transportation Security Administration, De-
partment of Transportation, or Coast Guard and 
is required to have a background records check 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; or 
(B) is required to have a credential and 
background 
records 
check 
under 
section 
2102(d)(2) of the Homeland Security Act of 2002 
(6 U.S.C. 622(d)(2)) at a facility with activities 
that are regulated by the Transportation Secu-
rity Administration, Department of Transpor-
tation, or Coast Guard. 
(2) VALID TRANSPORTATION SECURITY CARD.— 
The term ‘‘valid transportation security card’’ means 
a transportation security card that is— 
(A) issued under section 70105 of title 46, 
United States Code;
1109 
(B) not expired; 
(C) shows no signs of tampering; and 
(D) bears a photograph of the individual 
representing such card. 
SEC. 1978. BACKGROUND RECORDS CHECKS FOR ISSUANCE 
OF HAZMAT LICENSES. 
(a) ISSUANCE OF LICENSES.—Section 5103a(a)(1) is 
amended— 
(1) by striking ‘‘unless’’ and inserting ‘‘unless— 
’’; 
(2) by striking ‘‘the Secretary of Homeland Se-
curity’’ and inserting the following: 
‘‘(A) ‘‘the Secretary of Homeland Secu-
rity’’;’’; 
(3) in subparagraph (A), as designated by para-
graph (2) of this subsection, by striking the period at 
the end and inserting ‘‘; or’’; and 
(4) by adding at the end the following: 
‘‘(B) the individual holds a valid transpor-
tation security card issued under section 70105 
of title 46.’’. 
(b) 
TRANSPORTATION
SECURITY
CARD.—Section 
5103a(d)(1) is amended, in the matter preceding subpara-
graph (A), by striking ‘‘described in subsection (a)(1)’’ and 
inserting ‘‘under subsection (a)(1)(A)’’.
1110 
SEC. 1979. CARGO CONTAINER SCANNING TECHNOLOGY RE-
VIEW. 
(a) DESIGNATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and not less fre-
quently than once every 5 years thereafter until the 
date of full-scale implementation of 100 percent 
screening of cargo containers and 100 percent scan-
ning of high-risk containers required under section 
232 of the SAFE Port Act (6 U.S.C. 982), the Sec-
retary shall solicit proposals for scanning tech-
nologies, consistent with the standards under sub-
section (b)(8) of that section, to improve scanning 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 estab-
lish a pilot program to determine the efficacy of a 
scanning technology referred to in subsection (a).
1111 
(2) APPLICATION PROCESS.—In carrying out the 
pilot program under this subsection, the Secretary 
shall— 
(A) solicit applications from domestic ports; 
(B) select up to 4 domestic ports to partici-
pate in the pilot program; and 
(C) select ports with unique features and 
differing levels of trade volume. 
(3) REPORT.—Not later than 1 year after initi-
ating a pilot program under paragraph (1), the Sec-
retary shall submit to the appropriate committees of 
Congress a report on the pilot program, including— 
(A) an evaluation of the scanning tech-
nologies proposed to improve security at domes-
tic ports and to meet the full-scale implementa-
tion requirement; 
(B) the costs to implement a pilot program; 
(C) the benefits of the proposed scanning 
technologies; 
(D) the impact of the pilot program on the 
supply chain; and 
(E) recommendations for implementation of 
advanced cargo scanning technologies at domes-
tic ports.
1119 
tation modes that consider threats, vulnerabilities, and con-
sequences. 
(b) SCENARIOS.—The Administrator shall ensure that 
the risk-based priorities identified under 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 the date 
that annual risk-based priorities are developed under sub-
section (a), the Administrator shall submit to the appro-
priate committees of Congress a report that includes the fol-
lowing: 
(1) Copies of the risk assessments for each trans-
portation 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 methodologies 
used to assess risks across and within each transpor-
tation mode and the basis for any assumptions re-