I 
112TH CONGRESS 
1ST SESSION H. R. 1900 
To authorize programs and activities within the Transportation Security Ad-
ministration to enhance the security of surface transportation, including 
mass transit, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2011 
Ms. JACKSON LEE of Texas (for herself, Mr. THOMPSON of Mississippi, Mr. 
DAVIS of Illinois, and Ms. CLARKE of New York) introduced the following 
bill; which was referred to the Committee on Homeland Security 
A BILL 
To authorize programs and activities within the Transpor-
tation Security Administration to enhance the security 
of surface transportation, including mass transit, and 
for other purposes. 
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 and Mass Transit Security Act of 2011’’. 
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Surface Transportation Security Inspection Office 
(in this section referred to as the ‘Office’). 
‘‘(2) MISSION.—The Assistant Secretary shall 
use the Office to train, employ, and utilize surface 
transportation security inspectors to— 
‘‘(A) assist surface transportation carriers, 
operators, owners, entities, and facilities to en-
hance their security against terrorist attacks 
and other security threats; and 
‘‘(B) assist the Assistant Secretary in en-
forcing applicable surface transportation secu-
rity regulations and directives. 
‘‘(3) OFFICERS.— 
‘‘(A) DIRECTOR.—The head of the Office 
shall be the Director, who shall— 
‘‘(i) oversee and coordinate the activi-
ties of the Office, including all officers and 
any corresponding surface transportation 
modes in which the Office carries out such 
activities, and the surface transportation 
security inspectors who assist in such ac-
tivities; and 
‘‘(ii) act as the primary point of con-
tact between the Office and other entities 
that support the Department’s surface 
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transportation security mission to ensure 
efficient and appropriate use of surface 
transportation 
security 
inspectors 
and 
maintain strong working relationships with 
surface 
transportation 
security 
stake-
holders. 
‘‘(B) DEPUTY DIRECTOR.—There shall be 
a Deputy Director of the Office, who shall— 
‘‘(i) assist the Director in carrying out 
the responsibilities of the Director under 
this subsection; and 
‘‘(ii) serve as acting Director in the 
absence of the Director and during any va-
cancy in the office of Director. 
‘‘(4) APPOINTMENT.— 
‘‘(A) IN
GENERAL.—The Director and 
Deputy Director shall be responsible on a full- 
time basis for the duties and responsibilities de-
scribed in this subsection. 
‘‘(B) CLASSIFICATION.—The position of 
Director shall be considered a position in the 
Senior Executive Service as defined in section 
2101a of title 5, United States Code, and the 
position of Deputy Director shall be considered 
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a position classified at grade GS–15 of the Gen-
eral Schedule. 
‘‘(5) LIMITATION.—No person shall serve as an 
officer under paragraph (3) while serving in any 
other position in the Federal Government. 
‘‘(6) FIELD OFFICES.— 
‘‘(A) 
ESTABLISHMENT.—The 
Assistant 
Secretary shall establish primary and secondary 
field offices in the United States for surface 
transportation security inspectors carrying out 
their duties under this section. 
‘‘(B) DESIGNATION.—The locations for, 
and designation as ‘primary’ or ‘secondary’ of, 
such field offices shall be determined in a man-
ner that is consistent with the Department’s 
risk-based approach to carrying out its home-
land security mission. 
‘‘(C) COMMAND STRUCTURE.— 
‘‘(i) PRIMARY FIELD OFFICES.—Each 
primary field office shall be led by a chief 
surface transportation security inspector, 
who has significant experience with surface 
transportation systems, facilities, and oper-
ations and shall report directly to the Di-
rector. 
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‘‘(ii) SECONDARY
FIELD
OFFICES.— 
Each secondary field office shall be led by 
a senior surface transportation security in-
spector, who shall report directly to the 
chief surface transportation security in-
spector of a geographically appropriate pri-
mary field office, as determined by the Di-
rector. 
‘‘(D) PERSONNEL.—Not later than 18 
months after the date of enactment of the Sur-
face Transportation and Mass Transit Security 
Act of 2011, field offices shall be staffed with— 
‘‘(i) not fewer than 7 surface trans-
portation security inspectors, including one 
chief surface transportation security in-
spector, at every primary field office; and 
‘‘(ii) not fewer than 5 surface trans-
portation security inspectors, including one 
senior surface transportation security in-
spector, at every secondary field office.’’. 
(b) NUMBER OF INSPECTORS.—Section 1304(e) of 
such Act, as redesignated by subsection (a) of this section, 
is amended to read as follows: 
‘‘(e) NUMBER OF INSPECTORS; TRAINING.— 
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‘‘(1) NUMBER.—Subject to the availability of 
appropriations, the Secretary shall maintain not 
fewer than 100 more surface transportation security 
inspectors than the number of such inspectors em-
ployed at the end of fiscal year 2010. 
‘‘(2) TRAINING.—The Director shall provide 
initial and recurrent training to each surface trans-
portation inspector that includes counterterrorism 
training, audit training, inspections training, and 
training on emergency preparedness and response.’’. 
(c) COORDINATION.—Section 1304(f) of such Act, as 
redesignated by subsection (a) of this section, is amended 
by striking ‘‘114(t)’’ and inserting ‘‘114(s)’’. 
(d) REPORT.—Section 1304(h), as redesignated by 
subsection (a) of this section, is amended by striking 
‘‘2008’’ and inserting ‘‘2011’’. 
(e) PLAN.—Section 1304(i) of such Act, as redesig-
nated by subsection (a) of this section, is amended to read 
as follows: 
‘‘(i) PLAN.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Surface Transpor-
tation and Mass Transit Security Act of 2011, the 
Assistant Secretary shall submit to the appropriate 
congressional committees a plan for expanding the 
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duties, operations, and training of surface transpor-
tation security inspector workforce to enhance the 
Transportation Security Administration’s surface 
transportation security mission. 
‘‘(2) CONTENTS.—The plan shall include— 
‘‘(A) an analysis of how surface transpor-
tation security inspectors could be used to con-
duct oversight activities with respect to surface 
transportation security projects funded by rel-
evant grant programs administered by the De-
partment; 
‘‘(B) an evaluation of whether the capacity 
of the Office to take an active role in the De-
partment’s surface transportation security oper-
ations would be enhanced if all or some of the 
surface transportation security inspector work-
force were law enforcement officers; 
‘‘(C) an analysis of best practices for train-
ing surface transportation security inspectors, 
including identifying skills that could be trans-
ferable among inspectors of different modes of 
transportation to enhance flexibility; 
‘‘(D) a requirement that the Office evalu-
ate its Surface Transportation Security Inspec-
tion training program annually for the purpose 
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of incorporating the identified best practices, as 
appropriate, and determining whether the pro-
vided training is effective; and 
‘‘(E) any other potential functions relating 
to surface transportation security the Secretary 
determines appropriate.’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
1304 of such Act (6 U.S.C. 1113) is amended by adding 
at the end the following: 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to the Assistant Secretary to carry out this sec-
tion for fiscal years 2012 and 2013.’’. 
(g) CONFORMING AMENDMENT.—Section 1304(b) of 
such Act, as redesignated by subsection (a) of this section, 
is amended by striking ‘‘subsection (e)’’ and inserting 
‘‘subsection (d)’’. 
SEC. 4. VISIBLE INTERMODAL PREVENTION AND RE-
SPONSE TEAMS (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) by striking ‘‘Administrator 
of the Transportation Security Administration,’’ and 
inserting ‘‘Assistant Secretary,’’; 
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(2) in subsection (a)(2) by inserting ‘‘according 
to risk,’’ after ‘‘determine’’; 
(3) in subsection (a)(4) by striking ‘‘team,’’ and 
inserting ‘‘team as to specific locations and times 
within their facilities at which VIPR teams should 
be deployed to maximize the effectiveness of such de-
ployment and other matters,’’; and 
(4) by striking subsection (b) and inserting the 
following: 
‘‘(b) PERFORMANCE MEASURES.—Not later than one 
year after enactment of the Surface Transportation and 
Mass Transit Security Act of 2011, the Assistant Sec-
retary shall develop and implement a system of qualitative 
performance measures and objectives by which to assess 
the roles, activities, and effectiveness of VIPR team oper-
ations on an ongoing basis, including a mechanism 
through which the transportation entities listed in sub-
section (a)(4) shall submit feedback from surface trans-
portation operators received by the Assistant Secretary on 
VIPR team operations involving their systems or facilities. 
‘‘(c) DEPLOYMENTS.—Not later than one year after 
the date of enactment of the Surface Transportation and 
Mass Transit Security Act of 2011, the Assistant Sec-
retary shall establish risk-based criteria to evaluate all 
proposals for VIPR deployments and, from the date of es-
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tablishment, shall begin utilizing the criteria for such pur-
poses. 
‘‘(d) INTEROPERABILITY.—Not later than one year 
after the date of enactment of the Surface Transportation 
and Mass Transit Security Act of 2011, the Assistant Sec-
retary shall develop and implement a plan for ensuring 
the interoperability of communications among all partici-
pating VIPR team components as designated under sub-
section (a)(1) and between VIPR teams and any relevant 
transportation entities listed in subsection (a)(4) whose 
systems or facilities are involved in VIPR team operations, 
including an analysis of the costs and resources required 
to carry out the plan. 
‘‘(e) ANNUAL REPORT.—The Assistant Secretary 
shall submit on an annual basis, together with the annual 
budget request, a report on VIPR team operations for the 
previous year that includes information on lessons learned 
from operations in the previous year and plans for pro-
gram enhancements for the forthcoming year.’’. 
SEC. 5. SURFACE TRANSPORTATION SECURITY STAKE-
HOLDER PARTICIPATION. 
(a) IN GENERAL.—Title XIII of the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1111 et seq.) is amended by adding at the end 
the following: 
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‘‘SEC. 1311. SURFACE TRANSPORTATION SECURITY ADVI-
SORY COMMITTEE. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish in the Transportation Security Ad-
ministration an advisory committee, to be known as 
the Surface Transportation Security Advisory Com-
mittee (in this section referred to as the ‘Advisory 
Committee’), to assist the Assistant Secretary with 
issues pertaining to surface transportation security. 
‘‘(2) DUTIES.— 
‘‘(A) IN
GENERAL.—The Advisory Com-
mittee shall develop recommendations for im-
provements to surface transportation security. 
‘‘(B) RECOMMENDATIONS
OF
WORKING 
GROUPS.—Recommendations agreed upon by 
the working groups established under this sec-
tion shall be approved by the Advisory Com-
mittee for transmission to the Assistant Sec-
retary. 
‘‘(C) PERIODIC
REPORTS.—The Advisory 
Committee shall periodically submit to the As-
sistant Secretary— 
‘‘(i) reports on matters identified by 
the Assistant Secretary; and 
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‘‘(ii) reports on other matters identi-
fied by a majority of the members of the 
Advisory Committee. 
‘‘(D) ANNUAL
REPORT.—The Advisory 
Committee shall submit to the Assistant Sec-
retary an annual report providing information 
on the activities, findings, and recommendations 
of the Advisory Committee, including its work-
ing groups, for the preceding year. 
‘‘(3) MEETINGS.—The Assistant Secretary shall 
require the Advisory Committee to meet at least 
semiannually and may convene additional meetings 
as necessary. 
‘‘(4) UNPAID
POSITION.—Advisory Committee 
Members shall serve at their own expense and re-
ceive no salary, reimbursement for travel expenses, 
or other compensation from the Federal Govern-
ment. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, the As-
sistant Secretary shall appoint the Advisory Com-
mittee, which shall consist of individuals rep-
resenting not more than 27 member organizations. 
Each organization shall be represented by one indi-
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vidual (or the individual’s designee) and shall in-
clude representatives from public transportation 
agencies, passenger rail agencies or operators, rail-
road carriers, motor carriers, owners or operators of 
highways, over-the-road bus operators and terminal 
owners and operators, pipeline operators, privacy or-
ganizations, labor organizations representing em-
ployees of such entities, and the surface transpor-
tation security technology industry. 
‘‘(2) APPOINTMENTS.—Members shall be ap-
pointed by the Assistant Secretary and the Assistant 
Secretary shall have the discretion to review the par-
ticipation of any Advisory Committee member and 
remove for cause at any time. 
‘‘(c) NONAPPLICABILITY
OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Advisory Committee under this section. 
‘‘(d) PASSENGER
CARRIER
SECURITY
WORKING 
GROUP.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish within the Advisory Committee a pas-
senger carrier security working group to provide rec-
ommendations for successful implementation of ini-
tiatives relating to passenger rail, over-the-road bus, 
and public transportation security proposed by the 
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Transportation Security Administration in accord-
ance with statutory requirements, including relevant 
grant programs and security training provisions. 
‘‘(2) MEETINGS.—The working group shall 
meet at least quarterly and submit information, in-
cluding recommendations, regarding the Transpor-
tation Security Administration’s initiatives relating 
to passenger rail, over-the-road bus, and public 
transportation security, including grant, training, in-
spection, or other relevant programs authorized in 
titles XIII and XIV, and subtitle C of title XV of 
this Act. 
‘‘(3) MEMBERSHIP.—The working group shall 
be appointed by the Assistant Secretary and com-
posed of members from the Advisory Committee 
with expertise in public transportation, over-the-road 
bus, or passenger rail systems and operations, and 
shall be co-chaired by a Government and industry 
official. 
‘‘(4) REPORTS.—The working group shall pre-
pare and submit reports to the Assistant Secretary 
in accordance with this paragraph that provide rec-
ommendations as described in paragraphs (1) and 
(2), for inclusion in the annual report. 
‘‘(e) FREIGHT RAIL SECURITY WORKING GROUP.— 
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‘‘(1) IN
GENERAL.—The Assistant Secretary 
shall establish within the Advisory Committee a 
freight rail security working group to provide rec-
ommendations for successful implementation of ini-
tiatives relating to freight rail security proposed by 
the Transportation Security Administration in ac-
cordance with statutory requirements, including rel-
evant grant programs and security training provi-
sions. 
‘‘(2) MEETINGS.—The working group shall 
meet at least quarterly and submit information, in-
cluding recommendations, regarding freight rail se-
curity to the Advisory Committee for inclusion in the 
annual report. The submissions shall include rec-
ommendations to improve the Transportation Secu-
rity Administration’s initiatives relating to freight 
rail security, including grant, training, inspection, or 
other relevant programs authorized in titles XIII 
and XV of this Act. 
‘‘(3) MEMBERSHIP.—The working group shall 
include members from the Advisory Committee with 
expertise in freight rail systems and operations, and 
shall be co-chaired by a Government and industry 
official. 
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‘‘(4) REPORTS.—The working group shall pre-
pare and submit reports to the Assistant Secretary 
in accordance with this paragraph that provide rec-
ommendations as described in paragraphs (1) and 
(2), for inclusion in the annual report’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (Pub-
lic Law 110–53) is amended by inserting after the item 
relating to section 1310 the following new item: 
‘‘Sec. 1311. Surface Transportation Security Advisory Committee.’’. 
SEC. 6. HUMAN CAPITAL PLAN FOR SURFACE TRANSPOR-
TATION SECURITY PERSONNEL. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Assistant Secretary 
shall submit to the appropriate congressional committees 
a human capital plan for hiring, initial and recurrent 
training, managing, and compensating surface transpor-
tation security personnel, including surface transportation 
security inspectors. 
(b) CONSULTATION.—In developing the human cap-
ital plan, the Assistant Secretary shall consult with the 
Chief Human Capital Officer of the Department of Home-
land Security, the Director of the Surface Transportation 
Security Inspection Office, the Inspector General of the 
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Department of Homeland Security, and the Comptroller 
General. 
(c) APPROVAL.—Prior to submission, the human cap-
ital plan shall be reviewed and approved by the Chief 
Human Capital Officer of the Department of Homeland 
Security. 
(d) WORKFORCE STUDY.—Not later than 180 days 
after the date of enactment of this Act, the Chief Human 
Capital Officer of the Department of Homeland Security 
shall conduct a workforce study of the Transportation Se-
curity Inspection Program to assess full-time equivalent 
personnel requirements for transportation security inspec-
tors. The workforce study shall evaluate the extent to 
which the Assistant Secretary has— 
(1) addressed recommendations issued by the 
Comptroller General of the United States and the 
Inspector General of the Department of Homeland 
Security regarding the management of the transpor-
tation security inspector workforce; and 
(2) established projections for full-time equiva-
lent personnel requirements to execute responsibil-
ities, including training and security assessments, 
with respect to public transportation agencies, rail 
carriers, and intercity bus carriers. 
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SEC. 7. SURFACE TRANSPORTATION SECURITY TRAINING. 
(a) STATUS REPORT.—Not later than 30 days after 
the date of enactment of this Act, the Secretary shall sub-
mit a report to the appropriate congressional committees 
on the status of the Department’s implementation of sec-
tions 1408, 1517, and 1534 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (6 
U.S.C. 1137, 1167, and 1184), including detailed time-
frames for development and issuance of the transportation 
security training regulations required under such sections. 
(b) PRIVATE PROVIDERS.—Not later than one year 
after the date of enactment of this Act, the Assistant Sec-
retary shall identify criteria and establish a process for 
approving and maintaining a list of approved private 
third-party providers of security training with whom sur-
face transportation entities may enter into contracts, as 
needed, for the purpose of satisfying security training re-
quirements of the Department of Homeland Security, in-
cluding requirements developed under sections 1408, 
1517, and 1534 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1137, 
1167, and 1184), in accordance with section 103 of this 
Act. 
SEC. 8. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
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(1) According to the Worldwide Incidents 
Tracking System maintained by the National 
Counter Terrorism Center, from January 2004 to 
July 2008, 530 terrorist attacks were waged world-
wide against mass transit systems, resulting in over 
2,000 deaths and over 9,000 injuries. 
(2) Rail and mass transit systems are an at-
tractive target for terrorists and terrorist organiza-
tions as evidenced by the March 2004 attack on the 
Madrid, Spain system, the July 2005 attack on the 
London, England system, the July 2006 and No-
vember 2008 attacks on the Mumbai, India system, 
and the March 2010 attack on the Moscow, Russia 
system. 
(3) In 2009, United States law enforcement en-
tities uncovered and disrupted a major plot by an al 
Qaeda terrorist to attack the New York City subway 
system. 
(4) Each weekday 11,300,000 passengers de-
pend on our Nation’s mass transit systems as a 
means of transportation. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) our Nation’s rail and mass transit systems 
are critical infrastructure that facilitate our Nation’s 
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economy, and the Department of Homeland Security 
has a critical role to play to help protect this critical 
infrastructure against terrorist attack and other se-
curity threats; 
(2) the Transportation Security Grant Pro-
gram, as administered by the Department of Home-
land Security, provides critical resources to transit 
agencies in high-risk areas for operational security 
enhancements and on-the-ground efforts to reduce 
the consequences of a terrorist attack; and 
(3) funding for the Transportation Security 
Grant Program should be restored from the fiscal 
year 2011 reductions to ensure that transit agencies 
in high-risk areas have adequate resources to protect 
their systems and passengers from terrorist threats. 
SEC. 9. TRANSPORTATION SECURITY GRANT PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that grants under the Transportation Security 
Grant Program, as administered by the Department of 
Homeland Security, should be provided to high-risk sur-
face transportation systems in a manner that supports re-
gional security cooperation. 
(b) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Inspector General of the De-
partment of Homeland Security shall submit to the appro-
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priate congressional committees report on the roles and 
responsibilities of the Transportation Security Administra-
tion, the Federal Emergency Management Agency and any 
other relevant component of the Department of Homeland 
Security in administering security assistance grants under 
section 1406 of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (6 U.S.C. 1135). 
(c) CONTENTS.—The report shall— 
(1) describe the roles and responsibilities of the 
Transportation Security Administration and Federal 
Emergency Management Agency, at different stages 
of the grant process, including the allocation stage, 
the award stage, and the distribution stage; 
(2) identify areas in which relevant components 
of the Department, including the Transportation Se-
curity Administration and Federal Emergency Man-
agement Agency, may better integrate or coordinate 
their activities in order to streamline the grant ad-
ministration process and improve the efficiency of 
the project approval process for grantees; 
(3) assess the current state of public transpor-
tation and passenger rail security expertise pos-
sessed by relevant personnel involved in the grant 
administration or project approval processes carried 
out by relevant components of the Department, in-
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cluding the Transportation Security Administration 
and Federal Emergency Management Agency; and 
(4) include recommendations for how each rel-
evant component of the Department, including the 
Transportation Security Administration, may further 
clarify, coordinate, or maximize its roles and respon-
sibilities in administering grant funds and approving 
grant projects under such section 1406. 
SEC. 10. PASSENGER RAIL SECURITY DEMONSTRATION 
PROJECT. 
(a) DEMONSTRATION PROJECT.—The Assistant Sec-
retary, in consultation with the Under Secretary for 
Science and Technology of the Department of Homeland 
Security, may conduct a demonstration project in a pas-
senger rail system to test and assess the feasibility and 
effectiveness of technologies to strengthen the security of 
passenger rail systems against terrorist attacks involving 
the use of improvised explosive devices. 
(b) SECURITY TECHNOLOGIES.—Any demonstration 
project under this section shall test and assess tech-
nologies, such as canines and commercially available tech-
nologies, to— 
(1) detect improvised explosive devices on sta-
tion platforms, through the use of foreign object de-
tection programs in conjunction with cameras; and 
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(2) defeat improvised explosive devices left on 
rail tracks. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after completion of the demonstration project under this 
section, the Assistant Secretary shall submit a report to 
the appropriate congressional committees on the results 
of the demonstration project. 
SEC. 11. EXPLOSIVES DETECTION CANINE TEAMS. 
Section 1307 of the Implementing Recommendations 
of the 9/11 Commission Act of 2007 (6 U.S.C. 1116) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A), by striking 
‘‘2010’’ and inserting ‘‘2011’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) ALLOCATION.— 
‘‘(A) IN
GENERAL.—The Assistant Sec-
retary shall increase the number of canine 
teams certified by the Transportation Security 
Administration for the purpose of passenger 
rail and public transportation security activities 
to not less than 200 canine teams by the end 
of fiscal year 2011. 
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‘‘(B) COOPERATIVE
AGREEMENTS.—The 
Assistant Secretary shall expand the use of ca-
nine teams to enhance passenger rail and public 
transportation security by entering into cooper-
ative agreements with passenger rail and public 
transportation agencies eligible for security as-
sistance under section 1406 of this Act for the 
purpose of deploying and maintaining canine 
teams to such agencies for use in passenger rail 
or public transportation security activities and 
providing for assistance in an amount not less 
than $75,000 for each canine team deployed, to 
be adjusted by the Assistant Secretary for infla-
tion. 
‘‘(C) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Assistant Secretary such sums as 
may be necessary to carry out this paragraph 
for fiscal years 2012 and 2013.’’; 
(2) in subsection (d)— 
(A) in paragraph (1) by striking ‘‘use’’ and 
inserting the following: ‘‘deploy in a risk-based 
manner’’; 
(B) in paragraph (3), by striking ‘‘and’’; 
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(C) in paragraph (4), by striking the pe-
riod at the end and inserting the following: ‘‘; 
and’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(5) expand the use of canine teams trained to 
detect vapor wave trails in passenger rail and public 
transportation security environments, as the Sec-
retary, in consultation with the Assistant Secretary, 
determines appropriate.’’; 
(3) in subsection (e), by striking ‘‘, if appro-
priate,’’ and inserting ‘‘, to the extent practicable,’’; 
and 
(4) by striking subsection (f) and inserting the 
following new subsection (f): 
‘‘(f) REPORT.—Not later than one year after the date 
of the enactment of the Surface Transportation and Mass 
Transit Security Act of 2011, the Comptroller General of 
the United States shall submit to the appropriate congres-
sional committees a report on— 
‘‘(1) utilization of explosives detection canine 
teams to strengthen security in passenger rail and 
public transportation environments; 
‘‘(2) the capacity of the national explosive de-
tection canine team program as a whole; and 
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‘‘(3) how the Assistant Secretary could better 
support State and local passenger rail and public 
transportation entities in maintaining certified ca-
nine teams for the life of the canine, including by 
providing financial assistance.’’. 
SEC. 12. MASS TRANSIT AND OTHER SURFACE TRANSPOR-
TATION SECURITY AWARENESS PROGRAM. 
(a) IN GENERAL.—Subtitle C of title XV of the Im-
plementing Recommendations of the 9/11 Commission Act 
of 2007 (6 U.S.C. 1181 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 1543. SURFACE TRANSPORTATION SECURITY AWARE-
NESS PROGRAM. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) According to the Federal Highway Admin-
istration, the Nation’s highway transportation sys-
tem includes approximately 4 million miles of road-
ways, 600,000 bridges, and 50 tunnels of more than 
500 meters in length, supports 86 percent of all per-
sonal travel and 80 percent of the Nation’s freight, 
and serves as a key component in national defense 
mobility. 
‘‘(2) The United States highway system is in-
herently vulnerable to terrorist attack because of its 
inherent openness, where vehicles and their opera-
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tors can move freely and virtually without restric-
tion. 
‘‘(3) The Transportation Security Administra-
tion’s voluntary surface and mass transportation se-
curity awareness program, known as the First Ob-
server Program, leverages the skills and experience 
of transportation professionals, including truck driv-
ers, and empowers them to act as ‘first observers’ in 
reporting suspicious activities to Federal security au-
thorities. 
‘‘(4) The Transportation Security Administra-
tion credits the First Observer Program with helping 
to disrupt the hijacking of an inter-state bus trav-
eling from Richmond, Virginia, to Durham, North 
Carolina, and a potential terrorist plot involving the 
purchase and transport of suspiciously large quan-
tities of hazardous chemicals. 
‘‘(b) REQUIREMENT TO CARRY OUT FIRST OB-
SERVER PROGRAM.—The Secretary shall carry out a First 
Observer Program, under which mass transit and other 
surface transportation professionals and related stake-
holders may report to the Assistant Secretary suspicious 
activities or security threats that may be related to a po-
tential transportation security incident or act of terrorism. 
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‘‘(c) PROGRAM REQUIREMENTS.—Under the First 
Observer Program the Assistant Secretary shall— 
‘‘(1) maintain a call center, on a 24-hour basis, 
to which a surface transportation professionals or 
related stakeholder can report suspicious activities 
or security threats that may be related to a potential 
transportation security incident or act of terrorism; 
‘‘(2) evaluate reports received from surface 
transportation professionals and transmit informa-
tion, as appropriate, to relevant State, local, tribal 
law enforcement and private sector partners; 
‘‘(3) disburse voluntary guidance to private sec-
tor partners, including motor coach operators, school 
bus operators, trucking companies, parking facility 
operators, professional athletic venue operators, port 
operators, indirect air carriers, on how to identify 
and report a suspicious activity or security threat 
that may be related to a potential transportation se-
curity incident or act of terrorism; and 
‘‘(4) publicize the security awareness program 
to private sector partners and encourage surface 
transportation professionals or related stakeholder to 
participate in the program. 
‘‘(d) REPORTS.—Not later than one-year after enact-
ment of the Surface Transportation and Mass Transit Se-
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curity Act of 2011, the Assistant Secretary shall submit 
to the appropriate congressional committees information 
on the Assistant Secretary’s activities under this section 
including information on the extent to which private sector 
partners participated in the program, the number reports 
received at the call center, the disposition of those reports, 
and the impact of the program on the Assistant Sec-
retary’s efforts to secure surface transportation modes. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$5,000,000 annually for the necessary expenses of the 
First Observer Program.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 is 
amended by inserting after the item relating to section 
1542 the following new item: 
‘‘Sec. 1543. Surface transportation security awareness program.’’. 
SEC. 13. 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 any com-
mittee of the House of Representatives or the Senate 
having legislative jurisdiction under the rules of the 
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House of Representatives or Senate, respectively, 
over the matter concerned. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Homeland Security (Transportation Security Admin-
istration). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
Æ 
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