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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5081 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5081

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2018

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Security and 
Technology Accountability Act of 2018''.

SEC. 2. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.

    (a) In General.--Title XVI of the Homeland Security Act of 2002 (6 
U.S.C. 561 et seq.) is amended by adding at the end the following new 
subtitle:

             ``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 2 
                        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 6 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.''.
    (b) Advisory Committee Members.--
            (1) Voting members.--Not later than 180 days after the date 
        of the enactment of this Act, the Administrator of the 
        Transportation Security Administration shall appoint the voting 
        members of the Surface Transportation Security Advisory 
        Committee established under section 1621 of the Homeland 
        Security Act of 2002, as added by subsection (a) of this 
        section.
            (2) Nonvoting members.--Not later than 90 days after the 
        date of the enactment of this Act, each Federal department and 
        agency with regulatory authority over a mode of surface 
        transportation, as the Administrator of the Transportation 
        Security Administration considers appropriate, shall designate 
        an appropriate representative to serve as a nonvoting member of 
        the Surface Transportation Security Advisory Committee.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 1616 the following new items:

             ``Subtitle C--Surface Transportation Security

``Sec. 1621. Surface Transportation Security Advisory Committee.''.

SEC. 3. TECHNOLOGY INVESTMENT PLAN.

    (a) In General.--Section 1611 of the Homeland Security Act of 2002 
(6 U.S.C. 563) is amended by adding at the end the following new 
subsection:
    ``(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).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply 
beginning with the first update and report required under subsection 
(g) of section 1611 of the Homeland Security Act of 2002 that is 
required after such date.

            Passed the House of Representatives June 25, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```