IIB 
115TH CONGRESS 
2D SESSION 
H. R. 5131 
IN THE SENATE OF THE UNITED STATES 
MARCH 22, 2018 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To improve the effectiveness of Federal efforts to identify 
and address homeland security risks to surface transpor-
tation, secure against vehicle-based attacks, and conduct 
a feasibility assessment of introducing new security tech-
nologies and measures, and for other purposes. 
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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 
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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 
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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. 
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(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-
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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 
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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 
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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. 
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(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-
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