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[House Report 115-611]
[From the U.S. Government Publishing Office]

115th Congress     }                                   {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                   {       115-611

======================================================================

 
 SURFACE TRANSPORTATION SECURITY AND TECHNOLOGY ACCOUNTABILITY ACT OF 
                                  2018

                                _______
                                

 March 19, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5081]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 5081) to amend the Homeland Security Act of 2002 
to establish within the Transportation Security Administration 
the Surface Transportation Security Advisory Committee, and for 
other purposes, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     5
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Disclosure of Directed Rule Makings..............................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                          Purpose and Summary

    The purpose of H.R. 5081, the Surface Transportation 
Security and Technology Accountability Act of 2018, is to 
prioritize the Transportation Security Administration's (TSA) 
responsibility to secure surface transportation systems and 
bring accountability to its technology investments. This bill 
establishes a Surface Transportation Security Advisory 
Committee within TSA to provide stakeholders and the public the 
opportunity to coordinate with the agency and comment on policy 
and pending regulations. It also amends reporting requirements 
for biennial updates to TSA's Strategic Five-Year Technology 
Investment Plan by requiring the Administrator to: consult with 
the Surface Transportation Security Advisory Committee, include 
information related to technology investments for aviation, air 
cargo, and surface transportation security, and include a 
classified addendum to report transportation security risks and 
capability gaps.

                  Background and Need for Legislation

    The Committee has seen a significant positive impact from 
the establishment of the Aviation Security Advisory Committee 
for TSA to receive valuable input from stakeholders across the 
aviation sector. In establishing a similar entity for the 
surface transportation environment, the Committee hopes to 
create critical lines of communication on security-related 
issues among surface transportation stakeholders and the 
Administrator. The Committee recognizes that the surface 
transportation sector is multi-modal and different from the 
aviation sector, but like the aviation sector, it has 
government and sector coordinating councils to foster 
collaboration. The Committee also believes that the advisory 
committee established by this legislation can serve a valuable 
role in raising awareness within TSA of surface transportation 
security issues and challenges, and can be a critical help to 
the Administrator in determining policies and strategies aimed 
at protecting surface transportation systems. The Committee in 
no way intends to direct policymaking authority away from the 
Administrator or other relevant government entities for the 
surface transportation sector, but desires to implement a model 
similar to that of the Aviation Security Advisory Committee.
    The Homeland Security Act of 2002 (Pub. L. 107-296) 
mandated that the TSA Administrator develop a Five-Year 
Technology Investment Plan and submit an update of the Plan 
biennially to Congress. The purpose of the Plan is to 
communicate TSA's framework for technology investments and 
outline transportation security risks and associated capability 
gaps that would be best addressed by security-related 
technology. However, both the Plan, which was published in 
August 2015, and the first Biennial Refresh, which was 
published in December 2017, focus exclusively on aviation 
investments and neglect investments related to surface 
transportation or air cargo security.
    While TSA is responsible for securing all of America's 
transportation systems, the agency serves in a regulatory and 
oversight capacity with respect to surface transportation and 
air cargo. As such, TSA does not procure security-related 
technology for these sectors. Rather, TSA's investments related 
to surface transportation and air cargo support the research, 
development, testing, and evaluation of security-related 
technology. These investments do not appear in the Plan or 
Biennial Refresh because TSA interprets the statute very 
narrowly and thus equates ``investment'' with ``procurement.'' 
However, this interpretation does not accurately reflect the 
broad range of TSA's responsibilities or Congress's statutory 
intent. Consequently, this bill clarifies the meaning of 
``investments'' to include research, development, testing, and 
evaluation, and requires TSA to incorporate investments related 
to surface transportation and air cargo in future Biennial 
Refreshes.

                                Hearings

    While no hearing was held on H.R. 5081, the Committee was 
informed by the following hearings:

114th Congress

    On September 17, 2015, the Subcommittee on Transportation 
Security and the Subcommittee on Counterterrorism and 
Intelligence held a joint hearing entitled, ``Safeguarding our 
Nation's Surface Transportation Systems Against Evolving 
Terrorist Threats.'' The Subcommittees received testimony from 
Mr. Eddie Mayenschein, Assistant Administrator, Office of 
Security Policy and Industry Engagement, Transportation 
Security Administration, U.S. Department of Homeland Security; 
Ms. Jennifer Grover, Director, Transportation Security and 
Coast Guard Issues, Homeland Security and Justice Team, U.S. 
Government Accountability Office; Mr. Raymond Diaz, Director of 
Security, Metropolitan Transportation Authority (New York); and 
Ms. Polly Hanson, Chief of Police, National Railroad Passenger 
Corporation (Amtrak).

115th Congress

    On February 2, 2017, the Subcommittee on Transportation and 
Protective Security held a hearing entitled, ``The Future of 
the Transportation Security Administration.'' The Subcommittee 
received testimony from Mr. Roger Dow, Chief Executive Officer, 
U.S. Travel Association; Ms. Nina E. Brooks, Head of Security, 
Airports Council International; and Mr. J. David Cox, National 
President, American Federation of Government Employees.
    On November 8, 2017, the Full Committee held a hearing 
entitled, ``Preventing the Next Attack: TSA's Role in Keeping 
Our Transportation Systems Secure.'' The Committee received 
testimony from The Honorable David P. Pekoske, Administrator, 
Transportation Security Administration, U.S. Department of 
Homeland Security.
    On November 28, 2017, the Subcommittee on Transportation 
and Protective Security held a field hearing in Trenton, New 
Jersey, entitled, ``Securing Public Areas of Transportation 
Systems: Stakeholder Perspectives.'' The Subcommittee received 
testimony from Mr. Charles Cunningham, Director, Homeland 
Security and Emergency Management, Delaware River Port 
Authority (DRPA) Public Safety / PATCO; Mr. Thomas J. Nestel, 
III, Chief, Transit Police, Southeastern Pennsylvania 
Transportation Authority (SEPTA); Mr. Douglas Lemanowicz, 
Lieutenant, Special Operations Section, New Jersey State 
Police, State of New Jersey; and Mr. Christopher Trucillo, 
Chief, Transit Police, New Jersey Transit.
    On January 18, 2018, the Subcommittee on Transportation and 
Protective Security held a hearing entitled, ``Innovation at 
TSA: Examining Threat Mitigation Through Technology 
Acquisitions Reform.'' The Subcommittee received testimony from 
The Honorable David P. Pekoske, Administrator, Transportation 
Security Administration, U.S. Department of Homeland Security.
    On January 30, 2018, the Subcommittee on Transportation and 
Protective Security and the Subcommittee on Emergency 
Preparedness, Response, and Communications held a joint hearing 
entitled, ``Securing our Surface Transportation Systems: 
Examining the Department of Homeland Security's Role in Surface 
Transportation Technologies.'' The Subcommittees received 
testimony from Ms. Sonya Proctor, Director of Surface Division, 
Office of Security Policy and Industry Engagement, 
Transportation Security Administration; Mr. Robert Pryor, 
Director of Intermodal Division, Office of Requirements and 
Capabilities Analysis, Transportation Security Administration; 
Mr. Donald E. Roberts, Program Manager of Explosive Threat 
Detection, Explosives Division, Homeland Security Advanced 
Research Projects Agency, Science and Technology Directorate, 
U.S. Department of Homeland Security; and Mr. Brian Michael 
Jenkins, Director, National Transportation Security Center of 
Excellence, Mineta Transportation Institute.

                        Committee Consideration

    The Committee met on March 7, 2018, to consider H.R. 5081, 
and ordered the measure to be reported to the House with a 
favorable recommendation, without amendment, by unanimous 
consent.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 5081.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
5081, the Surface Transportation Security and Technology 
Accountability Act of 2018, would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 5081 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation directs the Administrator of the 
Transportation Security Administration to utilize the range of 
expertise represented in the Surface Transportation Security 
Advisory Committee to inform future policy decisions and 
security technology investments by the Transportation Security 
Administration.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 5081 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 5081 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 5081 would require no 
directed rule makings.

                      Advisory Committee Statement

    The Federal Advisory Committee Act does not apply to the 
Surface Transportation Security Advisory Committee as 
established by this legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Surface Transportation Security and Technology Accountability 
Act of 2018''.

Sec. 2.   Surface Transportation Security Advisory Committee.

    This section requires the Administrator of the 
Transportation Security Administration (Administrator) to 
establish a Surface Transportation Security Advisory Committee 
(Advisory Committee) to aid in the development, refinement, and 
implementation of policies and initiatives pertaining to 
surface transportation security. The Advisory Committee will 
include representatives from the Transportation Security 
Administration (TSA) and the Department of Transportation, as 
well as stakeholders, labor organizations, law enforcement, 
first responders, and security experts representing each mode 
of surface transportation.
    The Advisory Committee is required to meet at least 
semiannually and may convene additional meetings as necessary. 
Unless otherwise prohibited by Federal law, minutes of the 
meetings of the Advisory Committee shall be published online. 
Additionally, the Advisory Committee shall periodically submit 
to the Administrator reports on matters requested by the 
Administrator or by a majority of the members of the Advisory 
Committee. Furthermore, the Advisory Committee shall submit to 
the Administrator and to the appropriate Congressional 
Committees an annual report that provides information on the 
activities, findings, and recommendations of the Advisory 
Committee during the preceding year. The Administrator is 
required to publish a public version of the report.
    The Administrator shall consider the information, advice, 
and recommendations of the Advisory Committee in formulating 
policies, programs, initiatives, rulemakings, and security 
directives pertaining to surface transportation security 
efforts. Not later than 90 days after the date that the 
Administrator receives a recommendation, the Administrator 
shall submit written feedback on such recommendation to the 
Advisory Committee. Additionally, not later than 30 days after 
the Administrator submits feedback to the Advisory Committee, 
the Administrator shall notify the appropriate Congressional 
Committees of such feedback. Not later than 90 days after the 
date the Administrator receives a recommendation from the 
Advisory Committee that he or she agrees with, and quarterly 
thereafter until such recommendation is fully implemented, the 
Administrator shall submit to the appropriate Congressional 
Committees a report or post an update on the status of such 
recommendation online. The Federal Advisory Committee Act (5 
U.S.C. App.) does not apply to the Advisory Committee.

Sec. 3.   Technology Investment Plan.

    This section requires the Administrator to consult with the 
Advisory Committee when preparing updates to the 5-Year 
Technology Investment Plan, and include information related to 
technology investments by TSA and the private sector that the 
Department of Homeland Security supports with research, 
development, testing, and evaluation for aviation, air cargo, 
and surface transportation security. The Administrator is also 
required, to the extent practicable, to include a classified 
addendum to report sensitive transportation security risks and 
associated capability gaps that would be best addressed by 
security-technology.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                   TITLE XVI--TRANSPORTATION SECURITY

     * * * * * * *

               Subtitle C--Surface Transportation Security

Sec. 1621. Surface Transportation Security Advisory Committee.

           *       *       *       *       *       *       *

TITLE XVI--TRANSPORTATION SECURITY

           *       *       *       *       *       *       *

    Subtitle B--Transportation Security Administration Acquisition 
                              Improvements

SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN.

  (a) In General.--The Administrator shall--
          (1) not later than 180 days after the date of the 
        enactment of the Transportation Security Acquisition 
        Reform Act, develop and submit to Congress a strategic 
        5-year technology investment plan, that may include a 
        classified addendum to report sensitive transportation 
        security risks, technology vulnerabilities, or other 
        sensitive security information; and
          (2) to the extent possible, publish the Plan in an 
        unclassified format in the public domain.
  (b) Consultation.--The Administrator shall develop the Plan 
in consultation with--
          (1) the Under Secretary for Management;
          (2) the Under Secretary for Science and Technology;
          (3) the Chief Information Officer; and
          (4) the aviation industry stakeholder advisory 
        committee established by the Administrator.
  (c) Approval.--The Administrator may not publish the Plan 
under subsection (a)(2) until it has been approved by the 
Secretary.
  (d) Contents of Plan.--The Plan shall include--
          (1) an analysis of transportation security risks and 
        the associated capability gaps that would be best 
        addressed by security-related technology, including 
        consideration of the most recent quadrennial homeland 
        security review under section 707;
          (2) a set of security-related technology acquisition 
        needs that--
                  (A) is prioritized based on risk and 
                associated capability gaps identified under 
                paragraph (1); and
                  (B) includes planned technology programs and 
                projects with defined objectives, goals, 
                timelines, and measures;
          (3) an analysis of current and forecast trends in 
        domestic and international passenger travel;
          (4) an identification of currently deployed security-
        related technologies that are at or near the end of 
        their lifecycles;
          (5) an identification of test, evaluation, modeling, 
        and simulation capabilities, including target 
        methodologies, rationales, and timelines necessary to 
        support the acquisition of the security-related 
        technologies expected to meet the needs under paragraph 
        (2);
          (6) an identification of opportunities for public-
        private partnerships, small and disadvantaged company 
        participation, intragovernment collaboration, 
        university centers of excellence, and national 
        laboratory technology transfer;
          (7) an identification of the Administration's 
        acquisition workforce needs for the management of 
        planned security-related technology acquisitions, 
        including consideration of leveraging acquisition 
        expertise of other Federal agencies;
          (8) an identification of the security resources, 
        including information security resources, that will be 
        required to protect security-related technology from 
        physical or cyber theft, diversion, sabotage, or 
        attack;
          (9) an identification of initiatives to streamline 
        the Administration's acquisition process and provide 
        greater predictability and clarity to small, medium, 
        and large businesses, including the timeline for 
        testing and evaluation;
          (10) an assessment of the impact to commercial 
        aviation passengers;
          (11) a strategy for consulting airport management, 
        air carrier representatives, and Federal security 
        directors whenever an acquisition will lead to the 
        removal of equipment at airports, and how the strategy 
        for consulting with such officials of the relevant 
        airports will address potential negative impacts on 
        commercial passengers or airport operations; and
          (12) in consultation with the National Institutes of 
        Standards and Technology, an identification of 
        security-related technology interface standards, in 
        existence or if implemented, that could promote more 
        interoperable passenger, baggage, and cargo screening 
        systems.
  (e) Leveraging the Private Sector.--To the extent possible, 
and in a manner that is consistent with fair and equitable 
practices, the Plan shall--
          (1) leverage emerging technology trends and research 
        and development investment trends within the public and 
        private sectors;
          (2) incorporate private sector input, including from 
        the aviation industry stakeholder advisory committee 
        established by the Administrator, through requests for 
        information, industry days, and other innovative means 
        consistent with the Federal Acquisition Regulation; and
          (3) in consultation with the Under Secretary for 
        Science and Technology, identify technologies in 
        existence or in development that, with or without 
        adaptation, are expected to be suitable to meeting 
        mission needs.
  (f) Disclosure.--The Administrator shall include with the 
Plan a list of nongovernment persons that contributed to the 
writing of the Plan.
  (g) Update and Report.--Beginning 2 years after the date the 
Plan is submitted to Congress under subsection (a), and 
biennially thereafter, the Administrator shall submit to 
Congress--
          (1) an update of the Plan; and
          (2) a report on the extent to which each security-
        related technology acquired by the Administration since 
        the last issuance or update of the Plan is consistent 
        with the planned technology programs and projects 
        identified under subsection (d)(2) for that security-
        related technology.
  (h) Additional Update Requirements.--Updates and reports 
required pursuant to subsection (g) shall--
          (1) be prepared in consultation with individuals and 
        entity specified in subsection (b), as well as the 
        Surface Transportation Security Advisory Committee 
        established by the Administrator pursuant to section 
        1621;
          (2) include information relating to technology 
        investments by the Transportation Security 
        Administration and the private sector that the 
        Department supports with research, development, 
        testing, and evaluation for aviation, air cargo, and 
        surface transportation security; and
          (3) to the extent practicable, include a classified 
        addendum to report sensitive transportation security 
        risks and associated capability gaps that would be best 
        addressed by security-related technology described in 
        paragraph (2).

           *       *       *       *       *       *       *

              Subtitle C--Surface Transportation Security

SEC. 1621. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.

  (a) Establishment.--The Administrator of the Transportation 
Security Administration (referred to in this section as the 
``Administrator'') shall establish within the Transportation 
Security Administration the Surface Transportation Security 
Advisory Committee (referred to in this section as the 
``Advisory Committee'').
  (b) Duties.--
          (1) In general.--The Advisory Committee may advise, 
        consult with, report to, and make recommendations to 
        the Administrator on surface transportation security 
        matters, including the development, refinement, and 
        implementation of policies, programs, initiatives, 
        rulemakings, and security directives pertaining to 
        surface transportation security.
          (2) Risk-based security.--The Advisory Committee 
        shall consider risk-based security approaches in the 
        performance of its duties.
  (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; and
                          (iii) such other Federal department 
                        or agency as the Administrator 
                        considers appropriate.
          (2) Appointment.--The Administrator shall appoint 
        voting members from among stakeholders representing 
        each mode of surface transportation, such as passenger 
        rail, freight rail, mass transit, pipelines, highways, 
        over-the-road bus, and trucking, including 
        representatives from--
                  (A) associations representing such modes of 
                surface transportation;
                  (B) labor organizations representing such 
                modes of surface transportation;
                  (C) groups representing the users of such 
                modes of surface transportation, including 
                asset manufacturers, as appropriate;
                  (D) relevant law enforcement, first 
                responders, and security experts; and
                  (E) such other groups as the Administrator 
                considers appropriate.
          (3) Chairperson.--The Advisory Committee shall select 
        a chairperson from among its voting members.
          (4) Term of office.--
                  (A) Terms.--
                          (i) In general.--The term of each 
                        voting member of the Advisory Committee 
                        shall be two 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.--
                          (i) In general.--The Administrator 
                        may review the participation of a 
                        member of the Advisory Committee and 
                        remove such member for cause at any 
                        time.
                          (ii) Access to certain information.--
                        The Administrator may remove any member 
                        of the Advisory Committee who the 
                        Administrator determines should be 
                        restricted from reviewing, discussing, 
                        or possessing classified information or 
                        sensitive security information.
          (5) Prohibition on compensation.--The members of the 
        Advisory Committee may not receive any compensation 
        from the Government by reason of their service on the 
        Advisory Committee.
          (6) Meetings.--
                  (A) In general.--The Advisory Committee shall 
                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 Federal law, minutes of 
                        the meetings of the Advisory Committee 
                        shall be published on the public 
                        website under subsection (e)(5).
                          (ii) Protection of classified and 
                        sensitive information.--The Advisory 
                        Committee may redact or summarize, as 
                        necessary, minutes of the meetings to 
                        protect classified information or 
                        sensitive security information in 
                        accordance with law.
          (7) Voting member access to classified information 
        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 but before 
                such voting member may be granted any access to 
                classified information or sensitive security 
                information, the Administrator shall determine 
                if such voting member should be restricted from 
                reviewing, discussing, or possessing classified 
                information or sensitive security information.
                  (B) Access.--
                          (i) Sensitive security information.--
                        If a voting member is not restricted 
                        from reviewing, discussing, or 
                        possessing sensitive security 
                        information under subparagraph (A) and 
                        voluntarily signs a nondisclosure 
                        agreement, such voting member may be 
                        granted access to sensitive security 
                        information that is relevant to such 
                        voting member's service on the Advisory 
                        Committee.
                          (ii) Classified information.--Access 
                        to classified materials shall be 
                        managed in accordance with Executive 
                        Order No. 13526 of December 29, 2009 
                        (75 Fed. Reg. 707), or any subsequent 
                        corresponding Executive order.
                  (C) Protections.--
                          (i) Sensitive security information.--
                        Voting members shall protect sensitive 
                        security information in accordance with 
                        part 1520 of title 49, Code of Federal 
                        Regulations.
                          (ii) Classified information.--Voting 
                        members shall protect classified 
                        information in accordance with the 
                        applicable requirements for the 
                        particular level of classification of 
                        such information.
          (8) Joint committee meetings.--The Advisory Committee 
        may meet with one or more of the following advisory 
        committees to discuss multimodal security issues and 
        other security-related issues of common concern:
                  (A) Aviation Security Advisory Committee, 
                established under section 44946 of title 49, 
                United States Code.
                  (B) Maritime Security Advisory Committee, 
                established under section 70112 of title 46, 
                United States Code.
                  (C) Railroad Safety Advisory Committee, 
                established by the Federal Railroad 
                Administration.
          (9) Subject matter experts.--The Advisory Committee 
        may request the assistance of subject matter experts 
        with expertise related to the jurisdiction of the 
        Advisory Committee.
  (d) Reports.--
          (1) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Administrator reports on 
        matters requested by the Administrator or by a majority 
        of the members of the Advisory Committee.
          (2) Annual report.--
                  (A) Submission.--The Advisory Committee shall 
                submit to the Administrator and the Committee 
                on Homeland Security of the House of 
                Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate an 
                annual report that provides information on the 
                activities, findings, and recommendations of 
                the Advisory Committee during the preceding 
                year.
                  (B) Publication.--Not later than six months 
                after the date that the Administrator receives 
                an annual report under subparagraph (A), the 
                Administrator shall publish a public version of 
                such report, in accordance with section 552a(b) 
                of title 5, United States Code.
  (e) Administration Response.--
          (1) Consideration.--The Administrator shall consider 
        the information, advice, and recommendations of the 
        Advisory Committee in formulating policies, programs, 
        initiatives, rulemakings, and security directives 
        pertaining to surface transportation security efforts.
          (2) Feedback.--Not later than 90 days after the date 
        that the Administrator receives a recommendation from 
        the Advisory Committee under subsection (d)(2), the 
        Administrator shall submit to the Advisory Committee 
        written feedback on such recommendation, including--
                  (A) if the Administrator agrees with such 
                recommendation, a plan describing the actions 
                that the Administrator has taken, will take, or 
                recommends that the head of another Federal 
                department or agency take to implement such 
                recommendation; or
                  (B) if the Administrator disagrees with such 
                recommendation, a justification for such 
                disagreement.
          (3) Notices.--Not later than 30 days after the date 
        the Administrator submits feedback under paragraph (2), 
        the Administrator shall--
                  (A) notify the Committee on Homeland Security 
                of the House of Representatives and the 
                Committee on Commerce, Science, and 
                Transportation of the Senate of such feedback, 
                including the agreement or disagreement under 
                subparagraph (A) or (B) of such paragraph, as 
                applicable; and
                  (B) provide the committees specified in 
                subparagraph (A) with a briefing upon request.
          (4) Updates.--Not later than 90 days after the date 
        the Administrator receives a recommendation from the 
        Advisory Committee under subsection (d)(2) that the 
        Administrator agrees with, and quarterly thereafter 
        until such recommendation is fully implemented, the 
        Administrator shall submit to the Committee on Homeland 
        Security of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate a report or post on the public website under 
        paragraph (5) an update on the status of such 
        recommendation.
          (5) 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) information relating to meetings, 
                minutes, annual reports, and the implementation 
                of recommendations under this section.
  (f) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory Committee 
or any subcommittee established under this section.

           *       *       *       *       *       *       *

                                  [all]
```