On March 30, 2017, Sen John Thune (R-S.D.) introduced S.763,
the Surface Transportation and Maritime Security Act. Sen. Thune is Chairman of the Senate Committee
on Commerce, Science, and Transportation. He’s been in the Senate since 2005
and has served in powerful positions within that body. From Sen. Thune’s
website, at https://www.thune.senate.gov/public/index.cfm/press-releases?ID=065CC562-BCB2-49FD-82EA-6CE3285E7947:
U.S. Sen. John Thune (R-S.D.), chairman of the Senate
Committee on Science, Commerce, and Transportation, joined Sens. Bill Nelson
(D-Fla.), Deb Fischer (R-Neb.), and Cory Booker (D-N.J.) in reintroducing S. 763,
the Surface Transportation and Maritime Security Act. The legislation, which is
substantially similar to the bill introduced late last Congress, would address
deficiencies in the Transportation Security Administration’s (TSA) efforts to
protect rail, transit, highway, and maritime passenger and freight
transportation.
“To keep Americans safe, Congress must continually focus attention on areas of neglect and potential weakness to keep them from becoming targets for terrorism,” said Thune. “The Commerce Committee will soon vote on these important reforms for the TSA.”
“To keep Americans safe, Congress must continually focus attention on areas of neglect and potential weakness to keep them from becoming targets for terrorism,” said Thune. “The Commerce Committee will soon vote on these important reforms for the TSA.”
The legislation would address concerns, raised by
independent government watchdog agencies, that TSA is not adequately positioned
to identify security risks across different modes of transportation or
effectively support federal, state, local and private providers of
transportation security. TSA has previously said in testimony to Congress that
it uses only three percent of its budget on surface transportation security.
Highlights of the Surface Transportation and Maritime Security Act:
Enhances Risk-Based Security Planning
Highlights of the Surface Transportation and Maritime Security Act:
Enhances Risk-Based Security Planning
- Requires the TSA administrator
to conduct a risk analysis and implement a risk-based security model for
surface transportation facilities.
- Mandates risk-based budgeting
for surface transportation security focusing resources on current threats
with annual reviews of program effectiveness.
Canine Explosive Detection Teams for Surface Transportation
- Authorizes as many as 70
additional canine teams to work in surface transportation security as soon
as possible.
- Requires a review of the
number, location, and utilization of canine teams in surface
transportation security to ensure effective use.
- Following this review and the implementation of recommendations, TSA may then raise the total number of canine teams to 200 or higher as identified in TSA’s risk-based analysis.
Increases Transparency
- Mirroring the advisory
committee for aviation established by the Aviation Security Stakeholder
Participation Act of 2014, establishes a Surface Transportation Advisory
Committee to provide stakeholders and the public with the opportunity to
coordinate with the agency and comment on policy and pending
regulations.
- Requires that TSA budget
submissions clearly indicate which resources will be used for surface
transportation security and which will be dedicated to aviation.
- Directs TSA to regularly update
Congress on the status of long overdue surface transportation rulemakings.
Enhances Passenger Rail Security
- Authorizes the use of
computerized vetting systems for passenger rail at the request of Amtrak
police and the Amtrak Board of Directors.
- Allows grant funding to be used
to enhance passenger manifest data so that rail passengers can be
identified in case of emergency.
From a quick read
of the text of the bill, link from the Senator's website:
The vulnerability
assessment off surface transportation modes required of the bill must evaluate the vetting and security training of employees
in maritime transportation and other individuals with access to sensitive or
secure areas of transportation networks.
The Commandant of
the Coast Guard shall coordinate
with the Administrator (of the
TSA) to provide input
and other information regarding the vulnerabilities of and
risks to maritime facilities.
RISK-BASED SECURITY
STRATEGY-
(1) In GENERAL - Not later
than 180 days after the date the security assessment
from subsection (a) is complete, the
Administrator shall use the
results of the assessment-
(A) to develop
and implement a cross-cutting, risk-based security strategy
that includes
(i) all surface transportation modes;
(ii) to the
extent the Transportation Security Administration provides support in maritime transportation
security efforts, maritime
transportation;
(B) coordinate with the
Commandant of the Coast Guard-
(i) to evaluate existing maritime
transportation security programs, policies, and initiatives for
consistency with the risk-based security strategy and, to the extent
practicable, avoid any unnecessary duplication of effort;
(ii) to
ensure there are
no security gaps between jurisdictional
authorities that a threat can exploit to
cause harm;
(iii) to determine the
extent to which stakeholder security
programs, policies, and
initiatives address the
vulnerabilities and risks to maritime transportation systems, identified
in subsection (a); and
(iv) subject
to clauses (ii) and (iii), to mitigate each vulnerability and risk
to maritime transportation systems identified in subsection (a).
180 days after
the date that the security assessment is completed, TSA shall submit to the
appropriate Congressional committees a report that includes, among other items,
any recommended changes
to the National Infrastructure
Protection Plan, the modal
annexes to the NIPP, or relevant surface or
maritime transportation security
programs, policies, or
initiatives.
BUDGET
TRANSPARENCY - ln submitting the annual budget of
the United States
Government under Section 1105 of
title 81, United States Code, the President shall
clearly distinguish the resources requested for surface and maritime
transportation security from the resources
requested for aviation security.
SURFACE
TRANSPORTATION SECURITY ADVISORY COMMITTEE - The TSA Administrator shall establish within
the TSA the Surface Transportation
Security Advisory Committee. Voting members to serve in a volunteer,
non-paid basis and consist of
representatives from associations
representing the modes of surface
transportation; labor organizations representing the modes; groups
representing the users of the modes, including asset manufacturers, as appropriate; relevant
law enforcement, first responders,
and security experts; and other
groups as the
Administrator considers appropriate.
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