79–006 

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 

2 

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 transporVerDate Sep 11 2014 05:19 Mar 20, 2018 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR611.XXX HR611
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tation 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. 

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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 

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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. 

6 

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. 

7 

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 

8 

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 

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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). 

* * * * * * * 

10 

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 votVerDate Sep 11 2014 05:19 Mar 20, 2018 Jkt 079006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\HR611.XXX HR611
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ing 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 

12 

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 

13 

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. 

* * * * * * * 

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