[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5131 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5131
To improve the effectiveness of Federal efforts to identify and address
homeland security risks to surface transportation, secure against
vehicle-based attacks, and conduct a feasibility assessment of
introducing new security technologies and measures, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2018
Mrs. Watson Coleman (for herself, Mr. Thompson of Mississippi, and Mr.
Katko) introduced the following bill; which was referred to the
Committee on Homeland Security
_______________________________________________________________________
A BILL
To improve the effectiveness of Federal efforts to identify and address
homeland security risks to surface transportation, secure against
vehicle-based attacks, and conduct a feasibility assessment of
introducing new security technologies and measures, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Security
Improvement Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(2) Public and private sector stakeholders.--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 facilities, equipment, or
systems used to provide transportation services by--
(A) a public transportation agency (as such term is
defined in section 1402(5) of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1131(5)));
(B) a railroad carrier (as such term is defined 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 section 1501(4)
of the Implementing Recommendations 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, equipment, or
systems, as determined by the Secretary.
SEC. 3. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY REVIEW.
Not later than one 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 National Strategy for Transportation
Security, as required pursuant to section 114(s) of title 49, United
States Code, that was issued on August 11, 2016, by the Administrator
of the Transportation Security Administration, is reflected in Federal
transportation security programs, budgets, research, 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 transportation 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 Security shall annually
develop, consistent with the transportation 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
Secretary across all transportation modes that consider threats,
vulnerabilities, and consequences.
(b) Scenarios.--The Secretary of Homeland Security 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 development of
risk-based priorities under subsection (a), the Secretary of Homeland
Security shall provide to the appropriate congressional committees a
report that includes 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 transportation 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 transportation mode and the
basis for any assumptions regarding threats, vulnerabilities,
and consequences 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 format 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 assessments and
security plans as specified in sections 1405, 1512, and 1531 of
the Implementing Recommendations 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 subsequent to the
December 16, 2016, publication in the Federal Register of an
advance notice of proposed rulemaking; and
(2) the status of regulations for a security training
program to prepare transportation employees for potential
security threats and conditions as specified in 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) 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
information 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 Secretary for Science and Technology of the
Department of Homeland Security and in coordination with the
Administrator of the Transportation Security Administration, shall
submit to the appropriate congressional committees a feasibility
assessment of modifying the security of surface transportation assets
by--
(1) introducing next generation technologies to be
integrated into systems of surface transportation assets to
detect explosives, including through the deployment of mobile
explosives detection technologies to conduct risk-based
passenger and property screening at such systems;
(2) providing surface transportation asset operators with
access to the Transportation Security Administration's Secure
Flight Program or a similar passenger vetting system maintained
by the Transportation Security Administration;
(3) deploying a credential authentication technology or
other means of identification document inspection to high-risk
surface transportation assets to assist operators conducting
passenger vetting; and
(4) deploying scalable, cost-effective technology solutions
to detect chemical, biological, radiological, nuclear, or
explosive threats within high-risk surface transportation
assets that are capable of passive, continuous, and real-time
sensing and detection of, and alerting passengers and operating
personnel to, the presence of such a threat.
(b) Considerations.--In carrying out the assessment required under
subsection (a), the Secretary of Homeland Security, acting through the
Under Secretary for Science and Technology of the Department of
Homeland Security and in coordination with the Administrator of the
Transportation Security Administration, shall address the
technological, privacy, operational, passenger facilitation, and public
acceptance considerations involved with each security measure
contemplated in such assessment.
SEC. 7. BEST PRACTICES TO SECURE AGAINST VEHICLE-BASED ATTACKS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall disseminate best
practices to public and private sector stakeholders regarding how to
enhance transportation security against the threat of a vehicle-based
terrorist attack.
SEC. 8. SURFACE TRANSPORTATION STAKEHOLDER SURVEY.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall begin
conducting a survey of public and private stakeholders responsible for
securing surface transportation assets regarding resource challenges,
including the availability of Federal funding, associated with securing
such assets that provides an opportunity for respondents to set forth
information on specific unmet needs.
(b) Report.--Not later than 120 days after beginning the survey
required under subsection (a), the Secretary of Homeland Security shall
report to the appropriate congressional committees regarding the
results of such survey and the Department of Homeland Security's
efforts to address any identified security vulnerabilities.
SEC. 9. INNOVATIVE TECHNOLOGIES AND CAPABILITIES.
(a) In General.--The Administrator of the Transportation Security
Administration may establish a task force to collaborate with public
and private sector stakeholders to identify and develop an innovative
technology or capability with the potential to enhance transportation
security, including by--
(1) conducting a field demonstration of such a technology
or capability in an operational environment;
(2) gathering performance data from such a demonstration to
inform the acquisition process; and
(3) to the extent practicable, providing funding and
promoting efforts to enable participation in a demonstration by
a small business that has an innovative technology or
capability but does not have adequate resources to participate
in a field demonstration under paragraph (1).
(b) Composition.--The task force authorized under subsection (a)
shall be chaired by the Administrator of the Transportation Security
Administration's designee and comprised of representatives appointed by
the Administrator, in consultation with the Chairperson of the Aviation
Security Advisory Committee (established pursuant to section 44946 of
title 49, United States Code).
(c) Activities.--The chair of the task force shall--
(1) evaluate technologies and capabilities for field
demonstrations with potential to enhance surface transportation
security, in addition to technologies and capabilities with
potential to enhance aviation security;
(2) coordinate with the Science and Technology Directorate
of the Department of Homeland Security to leverage such
technologies and capabilities; and
(3) submit to the Secretary of Homeland Security an annual
report regarding the task force's activities that identifies,
for each such technology or capability, what mode of
transportation could be enhanced by the integration of such
technology or capability into security operations and, as
appropriate, plans for deploying such technology or capability.
(d) Rule of Construction.--Nothing in this section shall require
the Administrator of the Transportation Security Administration to
acquire an innovative technology or capability.
(e) Non-Applicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the task force.
SEC. 10. SECURITY TECHNOLOGIES TIED TO FOREIGN THREAT COUNTRIES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security, acting through the Under
Secretary for Intelligence and Analysis of the Department of Homeland
Security, in consultation with the Under Secretary for the National
Protection and Programs Directorate of the Department, shall submit to
the appropriate congressional committees an assessment of terrorist and
other threats to the transportation sector, including surface
transportation assets, posed by the use of security technologies,
including software and networked technologies, developed or
manufactured by firms that are owned or closely linked to the
governments of countries that are known to pose a cyber or homeland
security threat.
SEC. 11. SURFACE TRANSPORTATION SECURITY INSPECTORS.
(a) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to the appropriate congressional committees
and the Comptroller General of the United States a strategy to guide
operations of surface transportation security inspectors that addresses
the following:
(1) Any limitations in data systems for such inspectors, 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 transportation
security inspectors program.
(b) Comptroller General Review.--Not later than 180 days after the
submission of the strategy required under subsection (b), the
Comptroller General of the United States shall review such strategy
and, as appropriate, issue recommendations.
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