[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3379 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3379
To improve surface transportation and maritime security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2016
Mr. Thune (for himself, Mr. Nelson, Mrs. Fischer, and Mr. Booker)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve surface transportation and maritime security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Surface
Transportation and Maritime Security Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Surface transportation and maritime threat assessment and
implementation of risk-based strategy.
Sec. 4. Risk-based budgeting and resource allocation.
Sec. 5. Surface transportation and maritime security management review.
Sec. 6. Transparency.
Sec. 7. TSA counterterrorism asset deployment.
Sec. 8. Surface Transportation and Maritime Security Advisory
Committee.
Sec. 9. Review of Explosives Detection Canine Team Program.
Sec. 10. Explosive detection technology.
Sec. 11. Expansion of National Explosives Detection Canine Team
Program.
Sec. 12. Study on security standards and practices for mass transit and
passenger rail.
Sec. 13. Rail security services.
Sec. 14. Systemwide Amtrak security upgrades.
Sec. 15. Passenger rail vetting.
Sec. 16. Surface transportation inspectors.
Sec. 17. Transportation Worker Identification Credential improvements
and assessment.
Sec. 18. Military priority for TWIC applications.
Sec. 19. Voluntary adoption of Transportation Worker Identification
Credential.
Sec. 20. Cargo container scanning technology review.
Sec. 21. Background records checks for issuance of hazmat licenses.
Sec. 22. Repeal of biennial reporting requirement for the Government
Accountability Office relating to the
Transportation Security Information sharing
plan.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. SURFACE TRANSPORTATION AND MARITIME THREAT ASSESSMENT AND
IMPLEMENTATION OF RISK-BASED STRATEGY.
(a) Threat Assessment.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall complete an assessment
of the threats posed to surface transportation and maritime systems.
(b) Considerations.--In conducting the assessment under subsection
(a), the Administrator shall consider--
(1) appropriate intelligence;
(2) security breaches and attacks at domestic and
international transportation facilities;
(3) the vulnerabilities associated with specific modes of
transportation;
(4) current and prospective allocation of agency and
stakeholder resources to mitigate threats;
(5) the systems and practices designed to mitigate the
vulnerabilities identified in paragraph (3); and
(6) the vetting and security training of--
(A) frontline employees in surface transportation
and maritime systems; and
(B) other individuals with access to sensitive or
secure areas of transportation networks.
(c) Implementation of Risk-Based Strategy.--Using the results of
the assessment completed under subsection (a), the Administrator
shall--
(1) develop and implement a cross-cutting, risk-based
security strategy that--
(A) encompasses all transportation modes; and
(B) establishes priorities, milestones, and
performance metrics to measure the effectiveness of the
strategy;
(2) identify the objectives of, and evaluate the efficacy
of, existing surface transportation and maritime security
programs, policies, and initiatives;
(3) identify any additional risk-based programs that the
Administrator considers necessary to address the threats and
vulnerabilities identified in the assessment;
(4) determine the extent to which stakeholder security
programs address the threats and vulnerabilities identified in
the assessment, including any security vulnerabilities in
existing programs;
(5) provide guidelines for aligning resources with risk;
(6) develop planning processes to inform resource
allocation;
(7) review current practices, including specific processes,
for sharing relevant and timely intelligence threat information
with appropriate stakeholders;
(8) in consultation with the Secretary, the Secretary of
Transportation, and the Commandant of the Coast Guard, adjust
and update, as appropriate, the National Infrastructure
Protection Plan, the modal annexes to such plan, and the
Department's surface transportation and maritime security
programs, policies, and initiatives;
(9) modify the risk-based priorities and resource
allocation, in accordance with section 4(c), for the
Transportation Security Administration; and
(10) develop a management oversight strategy that
identifies the parties responsible for the implementation,
management, and oversight of the security strategy under
paragraph (1).
(d) Reports to Congress.--
(1) In general.--Not later than 180 days after the
completion of the assessment under subsection (a), the
Administrator shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Homeland Security of the House of Representatives
that--
(A) describes the findings of the assessment;
(B) includes a plan for implementing the security
strategy; and
(C) includes the management oversight strategy
under subsection (c)(10).
(2) Updates.--The Administrator shall provide periodic
updates to the report submitted under paragraph (1) that
describe the surface transportation and maritime threat
environment, based on new information obtained by the
Administrator.
(e) Threat Updates.--Not less frequently than semiannually, the
Administrator shall report to or brief the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives regarding threats to surface
transportation and maritime security.
SEC. 4. RISK-BASED BUDGETING AND RESOURCE ALLOCATION.
(a) Report.--In conjunction with the submission of the Department's
annual budget request to the Office of Management and Budget, the
Administrator shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives that describes a risk-based
resource allocation plan for the surface transportation and maritime
sectors within and across modes that--
(1) reflects the risk-based priorities identified under
section 3(c); and
(2) is organized by appropriations account, program,
project, and initiative.
(b) Budget Transparency.--In submitting the annual budget of the
United States Government under section 1105 of title 31, United States
Code, the President shall clearly distinguish the resources requested
for surface transportation and maritime security from the resources
requested for aviation security.
(c) Resource Reallocation.--
(1) In general.--Not later than 15 days after the date on
which the Administration allocates any resources or personnel,
including personnel sharing, detailing, or assignment, or the
use of facilities, technology systems, or vetting resources,
for a nontransportation security purpose or event, the
Secretary shall provide the notification described in paragraph
(2) to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Homeland Security of the
House of Representatives.
(2) Notification.--A notification described in this
paragraph shall include--
(A) the reason for and a justification of the
resource or personnel allocation;
(B) the expected end date of the resource or
personnel allocation; and
(C) the projected cost to the agency of the
personnel or resource allocation.
SEC. 5. SURFACE TRANSPORTATION AND MARITIME SECURITY MANAGEMENT REVIEW.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to Congress on the staffing, resource and personnel allocation,
oversight strategy, and management of the Transportation Security
Administration's surface transportation and maritime security programs.
(b) Contents.--The report required under subsection (a) shall
include information on the coordination between the Transportation
Security Administration, other Federal agencies, and relevant
stakeholders.
(c) Considerations.--The report required under subsection (a) shall
review the coordination of leadership, planning, policy, and
implementation of security programs relating to surface transportation
and maritime security.
SEC. 6. TRANSPARENCY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and every 180 days thereafter until final rules
have been issued for all of the requirements described in paragraphs
(1), (2), and (3), the Administrator shall publish on a public website
information regarding the status of--
(1) regulations required under titles XIII, XIV, and XV of
the Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1111 et seq.) and under this Act that have not
been fully implemented or for which no interim final rule or
direct final rule has been issued;
(2) regulations relating to surface transportation security
(other than a regulation described under paragraph (1)) that
was required by law to be issued at least 2 years before the
initial date of publication under this subsection, but has not
been issued; and
(3) other transportation security rulemakings categorized
as significant.
(b) Contents.--The information published under subsection (a) shall
include--
(1) a description of the work plan for each outstanding
regulation;
(2) an updated rulemaking schedule for each outstanding
regulation;
(3) current staff allocations;
(4) current data collection or research relating to the
development of the rulemaking;
(5) current collaborative efforts, if any, with security
experts, advisory committees, and other stakeholders;
(6) identified resource constraints impacting the
rulemaking process for the outstanding regulation; and
(7) other relevant details associated with the development
of the rulemaking that impact the progress of the rulemaking.
(c) Inspector General Review.--Not later than 180 days after the
date of enactment of this Act, and every 2 years thereafter until all
of the requirements under titles XIII, XIV, and XV of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1111 et
seq.) and under this Act have been fully implemented, the Inspector
General of the Department shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives that--
(1) identifies the requirements under such titles and under
this Act that have not been fully implemented;
(2) considers whether additional regulatory action is
necessary; and
(3) recommends any regulatory requirements that should be
modified or repealed.
SEC. 7. TSA COUNTERTERRORISM ASSET DEPLOYMENT.
(a) In General.--If the Transportation Security Administration
deploys any counterterrorism personnel or resource, such as explosive
detection sweeps, random bag inspections, or patrols by Visible
Intermodal Protection and Response teams, to enhance security at a
transportation system or transportation facility for a period of not
less than 180 days, the Administrator shall provide sufficient
notification to the system operator not less than 14 days prior to
terminating the deployment.
(b) Sufficient Notifications.--In determining whether notification
under subsection (a) is sufficient, the Administrator shall consider
whether the transportation system, transportation facility, or operator
thereof has sufficient resources to replace the asset and maintain an
appropriate level of security.
(c) Exception.--This section shall not apply if--
(1) the Administrator determines there is an urgent
security need for the personnel or resource described in
subsection (a); and
(2) notifies the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives.
SEC. 8. SURFACE TRANSPORTATION AND MARITIME SECURITY ADVISORY
COMMITTEE.
(a) In General.--Subtitle A of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the end the
following:
``SEC. 404. SURFACE TRANSPORTATION AND MARITIME SECURITY ADVISORY
COMMITTEE.
``(a) Establishment.--The Administrator of the Transportation
Security Administration (referred to in this section as
`Administrator') shall establish within the Transportation Security
Administration the Surface Transportation and Maritime Security
Advisory Committee (referred to in this section as `Advisory
Committee').
``(b) Duties.--
``(1) In general.--The Administrator, while adhering to
appropriate security guidelines, shall consult with the
Advisory Committee, as appropriate, on surface transportation
and maritime security matters, including the development,
refinement, and implementation of policies, programs,
initiatives, rulemakings, and security directives pertaining to
surface transportation and maritime security.
``(2) Recommendations.--The Advisory Committee shall
develop recommendations for improvements to surface
transportation and maritime security.
``(3) Periodic reports.--The Advisory Committee shall
periodically submit reports to the Administrator on matters
requested by the Administrator or by a majority of the members
of the Advisory Committee.
``(4) Annual report.--
``(A) Submission.--The Advisory Committee shall
submit an annual report to the Administrator, the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Homeland Security of
the House of Representatives that provides information
on the activities, findings, and recommendations of the
Advisory Committee during the preceding year.
``(B) Publication.--Not later than 6 months after
each date on which the Administrator receives an annual
report under subparagraph (A), the Administrator shall
publish a public version of the report, in accordance
with section 552b of title 5, United States Code.
``(5) Feedback.--Not later than 90 days after the date on
which the Administrator receives recommendations from the
Advisory Committee under paragraph (4)(A), the Administrator
shall submit to the Advisory Committee--
``(A) written feedback about each of the
recommendations;
``(B) an action plan to implement those
recommendations with which the Administrator concurs;
and
``(C) a justification for each recommendation the
Administrator rejects.
``(6) Congressional notification.--Not later than 30 days
after providing written feedback to the Advisory Committee
under paragraph (5), the Administrator shall--
``(A) notify the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Homeland Security of the House of Representatives of
such feedback; and
``(B) provide such committees with a briefing upon
request.
``(7) Updates to congress.--Not later than 90 days after
the date of enactment of the Surface Transportation and
Maritime Security Act, and quarterly thereafter until a
recommendation is closed, the Administrator shall submit a
report to Congress or post on a public website an update on the
status of recommendations included in the report under
paragraph (4).
``(8) Website.--The Administrator shall maintain a public
website that--
``(A) lists the members of the Advisory Committee;
``(B) provides the contact information for the
Advisory Committee; and
``(C) provides minutes of meetings,
recommendations, and other relevant documents, as
appropriate.
``(c) Membership.--
``(1) Composition.--The Advisory Committee shall be
composed of--
``(A) voting members appointed by the Administrator
under paragraph (2); and
``(B) nonvoting members, serving in an advisory
capacity, who shall be designated by--
``(i) the Transportation Security
Administration;
``(ii) the Department of Transportation;
``(iii) the Coast Guard; and
``(iv) such other Federal department or
agency with regulatory authority over a mode of
surface transportation or maritime as the
Administrator considers appropriate.
``(2) Appointment.--The Administrator shall appoint voting
members from among stakeholders representing passenger rail,
freight rail, mass transit, pipelines, highways, over-the-road
bus and trucking, and port and maritime industries, including
representatives from--
``(A) associations representing such surface
transportation or maritime modes;
``(B) labor organizations representing such surface
transportation or maritime modes;
``(C) groups representing the users of such surface
transportation or maritime modes, including shippers
and asset manufacturers, as appropriate;
``(D) relevant law enforcement, first responders,
and security experts; and
``(E) such other groups as the Administrator
considers appropriate.
``(3) Term of office.--
``(A) Terms.--
``(i) In general.--The term of each voting
member of the Advisory Committee shall be 2
years, but a voting member may continue to
serve until the Administrator appoints a
successor.
``(ii) Reappointment.--A voting member of
the Advisory Committee may be reappointed.
``(B) Removal.--The Administrator may review the
participation of a member of the Advisory Committee and
remove such member for cause at any time.
``(4) Prohibition on compensation.--The members of the
Advisory Committee shall not receive any compensation from the
Government by reason of their service on the Advisory
Committee.
``(5) Meetings.--
``(A) In general.--The Administrator shall require
the Advisory Committee to meet at least semiannually in
person or through Web conferencing and may convene
additional meetings as necessary.
``(B) Public meetings.--At least one of the
meetings of the Advisory Committee each year shall be--
``(i) announced in the Federal Register;
``(ii) announced on a public website; and
``(iii) open to the public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(D) Minutes.--
``(i) In general.--Unless otherwise
prohibited by other Federal law, minutes of the
meetings shall be published on the public
website required under subsection (b)(8).
``(ii) Protection of classified and
sensitive information.--The Advisory Committee
may redact or summarize, as necessary, minutes
of the meetings to protect classified or other
sensitive information in accordance with law.
``(6) Voting member access to classified and sensitive
security information.--
``(A) Determinations.--Not later than 60 days after
the date on which a voting member is appointed to the
Advisory Committee, the Administrator shall determine
if the voting member should be restricted from
reviewing, discussing, or possessing sensitive security
information.
``(B) Access.--If a voting member is not restricted
from possessing sensitive security information under
subparagraph (A) and voluntarily signs a nondisclosure
agreement, the voting member may be granted access to
sensitive security information that is relevant to the
voting member's service on the Advisory Committee.
Access to classified materials shall be managed under
the requirements set forth in section 503.59 of title
46, Code of Federal Regulations.
``(C) Protection of ssi.--Voting members shall
protect sensitive security information in accordance
with part 1520 of title 49, Code of Federal
Regulations.
``(D) Protection of classified information.--Voting
members shall protect classified information in
accordance with the applicable requirements for the
particular level of classification.
``(7) Chairperson.--The Advisory Committee shall select a
chairperson from among its voting members.
``(8) Risk-based security.--The Advisory Committee shall
consider risk-based security approaches in the performance of
its functions.
``(9) Joint committee meetings.--The Advisory Committee may
meet with the Aviation Security Advisory Committee established
under section 44946 of title 49, United States Code, to discuss
multimodal security issues and other security-related issues of
common concern.
``(10) Subject matter experts.--The Advisory Committee may
request the assistance of subject matter experts with expertise
related to the jurisdiction of the Advisory Committee.''.
(b) Advisory Committee Members.--
(1) Voting members.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall appoint the
voting members of the Surface Transportation and Maritime
Security Advisory Committee established pursuant to section 404
of the Homeland Security Act of 2002, as added by subsection
(a). The voting members shall consist of representatives of
each surface transportation mode and the maritime mode.
(2) Nonvoting members.--Not later than 90 days after the
date of enactment of this Act, each Federal Government
department and agency with regulatory authority over a mode of
surface transportation or maritime, as the Administrator
considers appropriate, shall designate an appropriate
representative to serve as a nonvoting member of the Surface
Transportation and Maritime Security Advisory Committee.
(c) Table of Contents.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by inserting after the item relating to section 403 the
following:
``Sec. 404. Surface Transportation and Maritime Security Advisory
Committee.''.
SEC. 9. REVIEW OF EXPLOSIVES DETECTION CANINE TEAM PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Inspector General of the Department shall--
(1) review--
(A) the Transportation Security Administration's
deployment strategy for explosive detection canine
teams, including consideration of whether the
Administration's analysis of risk to transportation
facilities and transportation systems is appropriate;
(B) the canine training, handler training, ongoing
training, and updates to such training; and
(C) the use of the assets during high threat
periods, including the reallocation of National
Explosives Detection Canine Team Program resources
during high threat periods; and
(2) submit to Congress a report on the review, including
any recommendations on the appropriate number of canine assets
needed to enhance security at high-risk facilities, such as
high volume passenger transportation systems and facilities.
SEC. 10. EXPLOSIVE DETECTION TECHNOLOGY.
The Secretary, in coordination with the Director of the National
Institute of Standards and Technology, shall research and facilitate
next generation technologies to detect explosives in transportation
systems and transportation facilities.
SEC. 11. EXPANSION OF NATIONAL EXPLOSIVES DETECTION CANINE TEAM
PROGRAM.
(a) Definitions.--In this section, the term ``explosives detection
canine team'' means a canine and a canine handler that are trained to
detect explosives, radiological materials, chemical, nuclear or
biological weapons, or other threats as defined by the Secretary.
(b) In General.--The Secretary may encourage State, local, and
tribal governments and private owners of high-risk transportation
facilities to strengthen security through the use of explosives
detection canine teams.
(c) Increased Capacity.--
(1) In general.--Before the date the Inspector General of
the Department submits the report under section 9, the
Secretary may increase the number of State and local maritime
and surface transportation canines by not more than 70
explosives detection canine teams.
(2) Additional teams.--Beginning on the date the Inspector
General of the Department submits the report under section 9,
the Secretary may incrementally increase the number of
additional explosives detection canine teams described in
paragraph (1) to not more than 200 more than are in service on
the date of enactment of this Act or to not more than the total
number of additional explosive detection canine teams
recommended by the Inspector General in that report, whichever
is less.
(d) Deployment.--The Secretary shall--
(1) use the additional explosives detection canine teams as
part of the Department's efforts to strengthen security across
the Nation's surface and maritime transportation networks;
(2) make available explosives detection canine teams to all
modes of transportation, subject to the requirements under
section 7, for high-risk areas or to address specific threats,
on an as-needed basis and as otherwise determined appropriate
by the Secretary; and
(3) consider specific needs and training requirements for
explosives detection canine teams to be deployed across the
Nation's surface transportation network, including in venues of
multiple modes of transportation, as the Secretary considers
appropriate.
(e) Authorization.--There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this section for
each of fiscal years 2016 through 2020.
SEC. 12. STUDY ON SECURITY STANDARDS AND PRACTICES FOR MASS TRANSIT AND
PASSENGER RAIL.
(a) Security Standards and Practices for Mass Transit and Passenger
Rail.--The Comptroller General of the United States shall conduct a
study that compares and develops best practices, including
cybersecurity, relating to the security standards and practices related
to mass transit, passenger rail networks, and public areas of other
transportation systems employed by the Transportation Security
Administration, Amtrak, State and local governments, operators of mass
transit and passenger rail services, and relevant entities in foreign
countries.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall issue a report that
contains--
(1) the findings of the study conducted under subsection
(a); and
(2) any recommendations on changes regarding security
standards and practices to secure mass transit and passenger
rail networks against terrorist threats.
SEC. 13. RAIL SECURITY SERVICES.
(a) Rail Security Services.--The Comptroller General shall conduct
a study of rail security provided by the Transportation Security
Administration to rail carrier and mass transit systems.
(b) Requirements.--In conducting the study under subsection (a),
the Comptroller General shall--
(1) assess the effectiveness of the the Administration and
stakeholders in improving the security of rail and mass transit
surface transportation;
(2) assess the Administration's and stakeholders' projected
needs and associated costs, including funding and personnel, to
improve and address security threats for the security of rail
and mass transit surface transportation; and
(3) assess the preparedness of high-risk surface
transportation facilities to prevent and respond to security
threats.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall issue a report that contains
the findings of the study conducted under subsection (a).
SEC. 14. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) Railroad Security Assistance.--Section 1513(b) of the
Implementing Recommendations of the
9/11 Commission Act of 2007 (6 U.S.C. 1163(b)) is amended--
(1) in paragraph (1), by striking the period at the end and
inserting ``including communications interoperability where
appropriate with relevant outside agencies and entities.'';
(2) in paragraph (5), by striking ``security of'' and
inserting ``security and preparedness of'';
(3) in paragraph (7), by striking ``security threats'' and
inserting ``security threats and preparedness, including
connectivity to the National Terrorist Screening Center''; and
(4) in paragraph (9), by striking ``and security officers''
and inserting ``, security, and preparedness officers''.
(b) Specific Projects.--Section 1514(a)(3) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C.
1164(a)(3)) is amended--
(1) in subparagraph (D) by inserting ``, or to connect to
the National Terrorism Screening Center watchlist'' after
``Secretary'';
(2) in subparagraph (G), by striking ``; and'' at the end
and inserting a semicolon;
(3) in subparagraph (H) by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(I) for improvements to passenger verification
systems; and
``(J) for improvements to employee and contractor
verification systems, including identity verification
technology.''.
SEC. 15. PASSENGER RAIL VETTING.
(a) In General.--Not later than 180 days after the date on which
the Amtrak Chief of Police and the Amtrak Board of Directors jointly
submit a request to the Administrator, the Administrator shall issue a
decision on the use by Amtrak of the Transportation Security
Administration's Secure Flight Program or a similar passenger vetting
system to enhance passenger rail security.
(b) Strategic Plan.--The decision under subsection (a) shall
include a strategic plan for working with rail stakeholders to enhance
passenger rail security by vetting passengers using terrorist watch
lists maintained by the Federal Government or a similar passenger
vetting system maintained by the Transportation Security
Administration.
SEC. 16. SURFACE TRANSPORTATION INSPECTORS.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit a report to
Congress that--
(1) identifies the roles and responsibilities of surface
transportation security inspectors authorized under section
1304 of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1113);
(2) determines the extent to which the Transportation
Security Administration has used a risk-based, strategic
approach to determine the appropriate number of surface
transportation security inspectors and resource allocation
across surface transportation modes and field offices;
(3) determines if the Transportation Security
Administration's surface transportation policies and
regulations are risk-based;
(4) determines whether opportunities exist to improve risk-
based policies and regulations;
(5) determines whether surface transportation security
inspectors--
(A) have appropriate qualifications to help secure
and inspect surface transportation systems; and
(B) have adequate experience and training to
perform the responsibilities identified under paragraph
(1);
(6) evaluates feedback from regulated surface
transportation industry stakeholders on the effectiveness of
surface transportation security inspectors and inspection
programs to the overall security of the surface transportation
systems of such stakeholders;
(7) evaluates the consistency of surface transportation
inspections and regulatory enforcement;
(8) identifies any duplication or redundancy between the
Transportation Security Administration and the Department of
Transportation relating to surface transportation security
inspections or oversight; and
(9) provides recommendations, if any, relating to--
(A) the risk-based use of inspection resources for
security enhancement in surface and maritime
transportation; and
(B) improvements to the Transportation Security
Administration's Surface Transportation Security
Inspection Program, including changes in organizational
and supervisory structures and coordination procedures
to enhance consistency and effectiveness in inspection
and compliance activities.
SEC. 17. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL IMPROVEMENTS
AND ASSESSMENT.
(a) Credential Improvements.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall establish a
process to improve background checks and terrorism vetting
processes that includes--
(A) establishing an entity within the Office of
Intelligence and Analysis to provide guidance on
security threat assessment processes;
(B) conducting a comprehensive risk analysis of the
security threat assessment processes to identify areas
needing additional internal controls and quality
assurance procedures and implementing those procedures;
(C) improving fraud detection techniques, such as--
(i) establishing benchmarks and a process
for electronic document validation;
(ii) requiring annual training for Trusted
Agents; and
(iii) establishing a process to review and
analyze additional information provided by
Trusted Agents during the review process;
(D) updating guidance and finalizing a manual for
Trusted Agents and adjudicators to ensure clear
guidance on processes and regulations; and
(E) establishing quality controls to ensure
consistent procedures to review adjudication decisions
and terrorism vetting decisions.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Inspector General of the Department
shall submit a report to Congress that evaluates the
implementation of the improvements described in paragraph (1).
(b) Comprehensive Security Assessment of the Transportation
Security Card Program.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall commission an
assessment of the effectiveness of the transportation security
card program (referred to in this section as the ``Program'')
required under section 70105 of title 46, United States Code,
at enhancing security and reducing security risks for
facilities and vessels regulated under chapter 701 of such
title.
(2) Location.--The assessment commissioned under paragraph
(1) shall be conducted by a research organization with
significant experience in port or maritime security, such as--
(A) a national laboratory;
(B) a university-based center within the Science
and Technology Directorate's centers of excellence
network; or
(C) a qualified federally funded research and
development center.
(3) Contents.--The assessment commissioned under paragraph
(1) shall--
(A) review the credentialing process by
determining--
(i) the appropriateness of vetting
standards;
(ii) whether the fee structure adequately
reflects the current costs of vetting;
(iii) whether there is unnecessary
redundancy or duplication with other Federal-
or State-issued transportation security
credentials; and
(iv) the appropriateness of having varied
Federal and State threat assessments and access
controls;
(B) review the process for renewing applications
for Transportation Worker Identification Credentials,
including the number of days it takes to review
application, appeal, and waiver requests for additional
information; and
(C) review the security value of the Program by--
(i) evaluating the extent to which the
Program, as implemented, addresses known or
likely security risks in the maritime and port
environments;
(ii) evaluating the potential for a non-
biometric credential alternative;
(iii) identifying the technology, business
process, and operational impacts of the use of
the transportation security card and
transportation security card readers in the
maritime and port environments;
(iv) assessing the costs and benefits of
the Program, as implemented; and
(v) evaluating the extent to which the
Secretary has addressed the deficiencies in the
Program identified by the Government
Accountability Office and the Inspector General
of the Department before the date of enactment
of this Act.
(4) Deadlines.--The assessment commissioned under paragraph
(1) shall be completed not later than 1 year after the date on
which the assessment is commissioned.
(c) Corrective Action Plan; Program Reforms.--If the assessment
commissioned under subsection (b) identifies a deficiency in the
effectiveness of the Program, the Secretary, not later than 60 days
after the date on which the assessment is completed, shall submit a
corrective action plan to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland Security of the
House of Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives that--
(1) responds to findings of the assessment;
(2) includes an implementation plan with benchmarks;
(3) may include programmatic reforms, revisions to
regulations, or proposals for legislation; and
(4) shall be considered in any rulemaking by the Department
relating to the Program.
(d) Inspector General Review.--If a corrective action plan is
submitted under subsection (c), the Inspector General of the Department
shall--
(1) not later than 120 days after such submission, review
the extent to which such plan implements the requirements under
subsection (c); and
(2) not later than 18 months after such submission, and
annually thereafter for the subsequent 3 years, submit a report
to the congressional committees set forth in subsection (c)
that describes the progress of the implementation of such plan.
SEC. 18. MILITARY PRIORITY FOR TWIC APPLICATIONS.
(a) Definition of Eligible Service Member.--In this section, the
term ``eligible service member'' means a member of the Armed Forces who
is a member of the reserves or is undergoing separation, discharge, or
release from the Armed Forces under honorable conditions during the
period of effectiveness.
(b) Priority Processing of Certain TWIC Applications.--
(1) In general.--Subject to subsections (c) and (d), and
not later than 180 days after the date of enactment of this
Act, the Secretary, in consultation with the Secretary of
Defense, shall develop a process to prioritize review of an
application for a Transportation Worker Identification
Credential submitted by an eligible service member.
(2) Requirement.--The review and adjudication of an
application under paragraph (1) shall be completed not later
than 14 days after the date on which the application is
submitted unless--
(A) an application is subject to an appeal; or
(B) the Secretary determines that further
documentation is necessary.
(c) Processing Times.--The priority processing of applications
described in subsection (b)(1) shall be implemented and remain in place
whenever the average processing time for an application for a
Transportation Worker Identification Credential exceeds 30 days.
(d) Memorandum of Understanding.--The Secretary and the Secretary
of Defense shall enter into a memorandum of understanding that
describes the priority processing of Transportation Worker
Identification Credential applications under subsection (b).
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Homeland Security of the House of Representatives that--
(1) includes a copy of the memorandum of understanding
described in subsection (d);
(2) identifies the number of days in which the average
processing time for an application for a Transportation Worker
Identification Credential exceeded 30 days;
(3) describes--
(A) the number of eligible service members who
submitted an application under subsection (b); and
(B) the number of eligible service members
described in subparagraph (A) who received a
Transportation Worker Identification Credential; and
(4) for any application submitted under subsection (b)(1)
that was not completed before the deadline described in
subsection (b)(2)--
(A) the reason the application was not completed
before such deadline; and
(B) a description of the actions that will be taken
to ensure such applications are completed before such
deadline.
SEC. 19. VOLUNTARY ADOPTION OF TRANSPORTATION WORKER IDENTIFICATION
CREDENTIAL.
Section 520 of the Department of Homeland Security Appropriations
Act, 2004 (6 U.S.C. 469) is amended by adding at the end the following:
``(c) Application.--In this section, individuals engaged in the
field of transportation shall include--
``(1) individuals required to obtain a transportation
worker identification credential under section 101.514 of title
33, Code of Federal Regulations;
``(2) individuals required to obtain a hazardous materials
endorsement on a commercial driver's license issued by a State
under section 5103a of title 49, United States Code; and
``(3) personnel at a facility that engages in loading,
unloading, handling, or storage incidental to transportation
who are subject to background checks under section
27.230(a)(12) of title 6, Code of Federal Regulations.''.
SEC. 20. CARGO CONTAINER SCANNING TECHNOLOGY REVIEW.
(a) Designations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and not less frequently than once every
5 years thereafter until the date of full-scale implementation
of 100 percent screening of cargo containers and 100 percent
scanning of high-risk containers required under section 232 of
the SAFE Port Act (6 U.S.C. 982), the Secretary shall solicit
proposals for scanning technologies, consistent with the
standards under subsection (b)(8) of that section, to improve
screening of cargo at domestic ports.
(2) Evaluation.--In soliciting proposals under paragraph
(1), the Secretary shall establish measures to assess the
performance of the proposed scanning technologies, including--
(A) the rate of false positives;
(B) the delays in processing times; and
(C) the impact on the supply chain.
(b) Pilot Program.--
(1) Establishment.--The Secretary may establish a pilot
program to determine the efficacy of a scanning technology
referred to in subsection (a).
(2) Application process.--In carrying out the pilot program
under this subsection, the Secretary shall--
(A) solicit applications from domestic ports; and
(B) select up to 4 domestic ports to participate in
the pilot program.
(c) Report.--Not later than 1 year after initiating a pilot program
under subsection (b), the Secretary shall submit a report on the pilot
program to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Homeland Security of the House of
Representatives that includes--
(1) an evaluation of the scanning technologies proposed to
improve security at domestic ports and to meet the full-scale
implementation requirement;
(2) the costs to implement a pilot program;
(3) the benefits of the proposed scanning technologies;
(4) the impact of the pilot program on the supply chain;
and
(5) recommendations for implementation of advanced cargo
scanning technologies at domestic ports.
(d) Sharing Pilot Program Testing Results.--The results of the
pilot testing of advanced cargo screening technologies shall be shared,
as appropriate, with government agencies and private stakeholders whose
responsibilities encompass the secure transport of cargo.
SEC. 21. BACKGROUND RECORDS CHECKS FOR ISSUANCE OF HAZMAT LICENSES.
Section 5103a(d) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Transportation security card.--An individual who
holds a valid transportation security card issued by the
Secretary of the department in which the Coast Guard is
operating under section 70105 of title 46 shall be deemed to
have met the background records check required under this
subsection.''.
SEC. 22. REPEAL OF BIENNIAL REPORTING REQUIREMENT FOR THE GOVERNMENT
ACCOUNTABILITY OFFICE RELATING TO THE TRANSPORTATION
SECURITY INFORMATION SHARING PLAN.
(a) In General.--Section 114 of title 49, United States Code, is
amended--
(1) by redesignating subsections (u), (v), and (w) as
subsections (t), (u), and (v), respectively; and
(2) in subsection (t), as redesignated--
(A) in paragraph (1)(A), by striking ``subsection
(t)'' and inserting ``subsection (s)'';
(B) by striking paragraph (7); and
(C) by redesignating paragraphs (8) and (9) as
paragraphs (7) and (8), respectively.
(b) Technical and Conforming Amendments.--
(1) Transportation security strategic planning.--Section
114(s)(3)(B) of title 49, United States Code, is amended by
striking ``2007'' and inserting ``2007)''.
(2) Congressional oversight of security assurance for
public and private stakeholders.--Section 1203(b)(1)(B) of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(49 U.S.C. 114 note) is amended by striking ``, under section
114(u)(7) of title 49, United States Code, as added by this
section, or otherwise,''.
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