IB 

Union Calendar No. 467 

115TH CONGRESS 

2D SESSION H. R. 5081 

[Report No. 115–611] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 23, 2018 

Mr. KATKO, Mrs. WATSON COLEMAN, and Mr. MCCAUL introduced the 

following bill; which was referred to the Committee on Homeland Security 

MARCH 19, 2018 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surface Transpor5 tation Security and Technology Accountability Act of 

6 2018’’. 

7 SEC. 2. SURFACE TRANSPORTATION SECURITY ADVISORY 

8 COMMITTEE. 

9 (a) IN GENERAL.—Title XVI of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 561 et seq.) is amended by 

11 adding at the end the following new subtitle: 

12 ‘‘Subtitle C—Surface 

13 Transportation Security 

14 ‘‘SEC. 1621. SURFACE TRANSPORTATION SECURITY ADVI15 SORY COMMITTEE. 

16 ‘‘(a) ESTABLISHMENT.—The Administrator of the 

17 Transportation Security Administration (referred to in 

18 this section as the ‘Administrator’) shall establish within 

19 the Transportation Security Administration the Surface 

20 Transportation Security Advisory Committee (referred to 

21 in this section as the ‘Advisory Committee’). 

22 ‘‘(b) DUTIES.— 

23 ‘‘(1) IN GENERAL.—The Advisory Committee 

24 may advise, consult with, report to, and make rec25 ommendations to the Administrator on surface 


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1 transportation security matters, including the devel2 opment, refinement, and implementation of policies, 

3 programs, initiatives, rulemakings, and security di4 rectives pertaining to surface transportation secu5 rity. 

6 ‘‘(2) RISK-BASED SECURITY.—The Advisory 

7 Committee shall consider risk-based security ap8 proaches in the performance of its duties. 

9 ‘‘(c) MEMBERSHIP.— 

10 ‘‘(1) COMPOSITION.—The Advisory Committee 

11 shall be composed of— 

12 ‘‘(A) voting members appointed by the Ad13 ministrator under paragraph (2); and 

14 ‘‘(B) nonvoting members, serving in an ad15 visory capacity, who shall be designated by— 

16 ‘‘(i) the Transportation Security Ad17 ministration; 

18 ‘‘(ii) the Department of Transpor19 tation; and 

20 ‘‘(iii) such other Federal department 

21 or agency as the Administrator considers 

22 appropriate. 

23 ‘‘(2) APPOINTMENT.—The Administrator shall 

24 appoint voting members from among stakeholders 

25 representing each mode of surface transportation, 


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1 such as passenger rail, freight rail, mass transit, 

2 pipelines, highways, over-the-road bus, and trucking, 

3 including representatives from— 

4 ‘‘(A) associations representing such modes 

5 of surface transportation; 

6 ‘‘(B) labor organizations representing such 

7 modes of surface transportation; 

8 ‘‘(C) groups representing the users of such 

9 modes of surface transportation, including asset 

10 manufacturers, as appropriate; 

11 ‘‘(D) relevant law enforcement, first re12 sponders, and security experts; and 

13 ‘‘(E) such other groups as the Adminis14 trator considers appropriate. 

15 ‘‘(3) CHAIRPERSON.—The Advisory Committee 

16 shall select a chairperson from among its voting 

17 members. 

18 ‘‘(4) TERM OF OFFICE.— 

19 ‘‘(A) TERMS.— 

20 ‘‘(i) IN GENERAL.—The term of each 

21 voting member of the Advisory Committee 

22 shall be two years, but a voting member 

23 may continue to serve until the Adminis24 trator appoints a successor. 


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1 ‘‘(ii) REAPPOINTMENT.—A voting 

2 member of the Advisory Committee may be 

3 reappointed. 

4 ‘‘(B) REMOVAL.— 

5 ‘‘(i) IN GENERAL.—The Administrator 

6 may review the participation of a member 

7 of the Advisory Committee and remove 

8 such member for cause at any time. 

9 ‘‘(ii) ACCESS TO CERTAIN INFORMA10 TION.—The Administrator may remove 

11 any member of the Advisory Committee 

12 who the Administrator determines should 

13 be restricted from reviewing, discussing, or 

14 possessing classified information or sen15 sitive security information. 

16 ‘‘(5) PROHIBITION ON COMPENSATION.—The 

17 members of the Advisory Committee may not receive 

18 any compensation from the Government by reason of 

19 their service on the Advisory Committee. 

20 ‘‘(6) MEETINGS.— 

21 ‘‘(A) IN GENERAL.—The Advisory Com22 mittee shall meet at least semiannually in per23 son or through web conferencing, and may con24 vene additional meetings as necessary. 


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1 ‘‘(B) PUBLIC MEETINGS.—At least one of 

2 the meetings of the Advisory Committee each 

3 year shall be— 

4 ‘‘(i) announced in the Federal Reg5 ister; 

6 ‘‘(ii) announced on a public website; 

7 and 

8 ‘‘(iii) open to the public. 

9 ‘‘(C) ATTENDANCE.—The Advisory Com10 mittee shall maintain a record of the persons 

11 present at each meeting. 

12 ‘‘(D) MINUTES.— 

13 ‘‘(i) IN GENERAL.—Unless otherwise 

14 prohibited by Federal law, minutes of the 

15 meetings of the Advisory Committee shall 

16 be published on the public website under 

17 subsection (e)(5). 

18 ‘‘(ii) PROTECTION OF CLASSIFIED

19 AND SENSITIVE INFORMATION.—The Advi20 sory Committee may redact or summarize, 

21 as necessary, minutes of the meetings to 

22 protect classified information or sensitive 

23 security information in accordance with 

24 law. 


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1 ‘‘(7) VOTING MEMBER ACCESS TO CLASSIFIED

2 INFORMATION AND SENSITIVE SECURITY INFORMA3 TION.— 

4 ‘‘(A) DETERMINATIONS.—Not later than 

5 60 days after the date on which a voting mem6 ber is appointed to the Advisory Committee but 

7 before such voting member may be granted any 

8 access to classified information or sensitive se9 curity information, the Administrator shall de10 termine if such voting member should be re11 stricted from reviewing, discussing, or pos12 sessing classified information or sensitive secu13 rity information. 

14 ‘‘(B) ACCESS.— 

15 ‘‘(i) SENSITIVE SECURITY INFORMA16 TION.—If a voting member is not re17 stricted from reviewing, discussing, or pos18 sessing sensitive security information 

19 under subparagraph (A) and voluntarily 

20 signs a nondisclosure agreement, such vot21 ing member may be granted access to sen22 sitive security information that is relevant 

23 to such voting member’s service on the Ad24 visory Committee. 


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1 ‘‘(ii) CLASSIFIED INFORMATION.—Ac2 cess to classified materials shall be man3 aged in accordance with Executive Order 

4 No. 13526 of December 29, 2009 (75 Fed. 

5 Reg. 707), or any subsequent cor6 responding Executive order. 

7 ‘‘(C) PROTECTIONS.— 

8 ‘‘(i) SENSITIVE SECURITY INFORMA9 TION.—Voting members shall protect sen10 sitive security information in accordance 

11 with part 1520 of title 49, Code of Federal 

12 Regulations. 

13 ‘‘(ii) CLASSIFIED INFORMATION.— 

14 Voting members shall protect classified in15 formation in accordance with the applica16 ble requirements for the particular level of 

17 classification of such information. 

18 ‘‘(8) JOINT COMMITTEE MEETINGS.—The Advi19 sory Committee may meet with one or more of the 

20 following advisory committees to discuss multimodal 

21 security issues and other security-related issues of 

22 common concern: 

23 ‘‘(A) Aviation Security Advisory Com24 mittee, established under section 44946 of title 

25 49, United States Code. 


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1 ‘‘(B) Maritime Security Advisory Com2 mittee, established under section 70112 of title 

3 46, United States Code. 

4 ‘‘(C) Railroad Safety Advisory Committee, 

5 established by the Federal Railroad Administra6 tion. 

7 ‘‘(9) SUBJECT MATTER EXPERTS.—The Advi8 sory Committee may request the assistance of sub9 ject matter experts with expertise related to the ju10 risdiction of the Advisory Committee. 

11 ‘‘(d) REPORTS.— 

12 ‘‘(1) PERIODIC REPORTS.—The Advisory Com13 mittee shall periodically submit to the Administrator 

14 reports on matters requested by the Administrator 

15 or by a majority of the members of the Advisory 

16 Committee. 

17 ‘‘(2) ANNUAL REPORT.— 

18 ‘‘(A) SUBMISSION.—The Advisory Com19 mittee shall submit to the Administrator and 

20 the Committee on Homeland Security of the 

21 House of Representatives and the Committee 

22 on Commerce, Science, and Transportation of 

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1 ommendations of the Advisory Committee dur2 ing the preceding year. 

3 ‘‘(B) PUBLICATION.—Not later than six 

4 months after the date that the Administrator 

5 receives an annual report under subparagraph 

6 (A), the Administrator shall publish a public 

7 version of such report, in accordance with sec8 tion 552a(b) of title 5, United States Code. 

9 ‘‘(e) ADMINISTRATION RESPONSE.— 

10 ‘‘(1) CONSIDERATION.—The Administrator 

11 shall consider the information, advice, and rec12 ommendations of the Advisory Committee in formu13 lating policies, programs, initiatives, rulemakings, 

14 and security directives pertaining to surface trans15 portation security efforts. 

16 ‘‘(2) FEEDBACK.—Not later than 90 days after 

17 the date that the Administrator receives a rec18 ommendation from the Advisory Committee under 

19 subsection (d)(2), the Administrator shall submit to 

20 the Advisory Committee written feedback on such 

21 recommendation, including— 

22 ‘‘(A) if the Administrator agrees with such 

23 recommendation, a plan describing the actions 

24 that the Administrator has taken, will take, or 

25 recommends that the head of another Federal 


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1 department or agency take to implement such 

2 recommendation; or 

3 ‘‘(B) if the Administrator disagrees with 

4 such recommendation, a justification for such 

5 disagreement. 

6 ‘‘(3) NOTICES.—Not later than 30 days after 

7 the date the Administrator submits feedback under 

8 paragraph (2), the Administrator shall— 

9 ‘‘(A) notify the Committee on Homeland 

10 Security of the House of Representatives and 

11 the Committee on Commerce, Science, and 

12 Transportation of the Senate of such feedback, 

13 including the agreement or disagreement under 

14 subparagraph (A) or (B) of such paragraph, as 

15 applicable; and 

16 ‘‘(B) provide the committees specified in 

17 subparagraph (A) with a briefing upon request. 

18 ‘‘(4) UPDATES.—Not later than 90 days after 

19 the date the Administrator receives a recommenda20 tion from the Advisory Committee under subsection 

21 (d)(2) that the Administrator agrees with, and quar22 terly thereafter until such recommendation is fully 

23 implemented, the Administrator shall submit to the 

24 Committee on Homeland Security of the House of 

25 Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate a report 

2 or post on the public website under paragraph (5) 

3 an update on the status of such recommendation. 

4 ‘‘(5) WEBSITE.—The Administrator shall main5 tain a public website that— 

6 ‘‘(A) lists the members of the Advisory 

7 Committee; 

8 ‘‘(B) provides the contact information for 

9 the Advisory Committee; and 

10 ‘‘(C) information relating to meetings, 

11 minutes, annual reports, and the implementa12 tion of recommendations under this section. 

13 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal 

14 Advisory Committee Act (5 U.S.C. App.) shall not apply 

15 to the Advisory Committee or any subcommittee estab16 lished under this section.’’. 

17 (b) ADVISORY COMMITTEE MEMBERS.— 

18 (1) VOTING MEMBERS.—Not later than 180 

19 days after the date of the enactment of this Act, the 

20 Administrator of the Transportation Security Ad21 ministration shall appoint the voting members of the 

22 Surface Transportation Security Advisory Com23 mittee established under section 1621 of the Home24 land Security Act of 2002, as added by subsection 

25 (a) of this section. 


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1 (2) NONVOTING MEMBERS.—Not later than 90 

2 days after the date of the enactment of this Act, 

3 each Federal department and agency with regulatory 

4 authority over a mode of surface transportation, as 

5 the Administrator of the Transportation Security 

6 Administration considers appropriate, shall des7 ignate an appropriate representative to serve as a 

8 nonvoting member of the Surface Transportation Se9 curity Advisory Committee. 

10 (c) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of the Homeland Security Act of 2002 is 

12 amended by inserting after the item relating to section 

13 1616 the following new items: 

‘‘Subtitle C—Surface Transportation Security 

‘‘Sec. 1621. Surface Transportation Security Advisory Committee.’’. 

14 SEC. 3. TECHNOLOGY INVESTMENT PLAN. 

15 (a) IN GENERAL.—Section 1611 of the Homeland 

16 Security Act of 2002 (6 U.S.C. 563) is amended by adding 

17 at the end the following new subsection: 

18 ‘‘(h) ADDITIONAL UPDATE REQUIREMENTS.—Up19 dates and reports required pursuant to subsection (g) 

20 shall— 

21 ‘‘(1) be prepared in consultation with individ22 uals and entity specified in subsection (b), as well as 

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1 mittee established by the Administrator pursuant to 

2 section 1621; 

3 ‘‘(2) include information relating to technology 

4 investments by the Transportation Security Admin5 istration and the private sector that the Department 

6 supports with research, development, testing, and 

7 evaluation for aviation, air cargo, and surface trans8 portation security; and 

9 ‘‘(3) to the extent practicable, include a classi10 fied addendum to report sensitive transportation se11 curity risks and associated capability gaps that 

12 would be best addressed by security-related tech13 nology described in paragraph (2).’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall take effect on the date of the enact16 ment of this Act and apply beginning with the first update 

17 and report required under subsection (g) of section 1611 

18 of the Homeland Security Act of 2002 that is required 

19 after such date 


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Union Calendar No. 467 

115TH CONGRESS 

2D SESSION H. R. 5081 

[Report No. 115–611] 

A BILL 

To amend the Homeland Security Act of 2002 to 

Advisory Committee, and for other purposes. ministration the Surface Transportation Security establish within the Transportation Security AdMARCH 19, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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