SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Surface Transpor-
tation Security and Technology Accountability Act of 
2018’’. 
SEC. 2. SURFACE TRANSPORTATION SECURITY ADVISORY 
COMMITTEE. 
(a) IN GENERAL.—Title XVI of the Homeland Secu-
rity 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 ADVI-
SORY 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 rec-
ommendations to the Administrator on surface 
transportation security matters, including the devel-
opment, refinement, and implementation of policies, 
programs, initiatives, rulemakings, and security di-
rectives pertaining to surface transportation secu-
rity. 
‘‘(2) RISK-BASED
SECURITY.—The Advisory 
Committee shall consider risk-based security ap-
proaches in the performance of its duties. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) COMPOSITION.—The Advisory Committee 
shall be composed of— 
‘‘(A) voting members appointed by the Ad-
ministrator under paragraph (2); and 
‘‘(B) nonvoting members, serving in an ad-
visory capacity, who shall be designated by— 
‘‘(i) the Transportation Security Ad-
ministration; 
‘‘(ii) the Department of Transpor-
tation; 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 re-
sponders, and security experts; and 
‘‘(E) such other groups as the Adminis-
trator 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 INFORMA-
TION.—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 sen-
sitive 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 Com-
mittee shall meet at least semiannually in per-
son or through web conferencing, and may con-
vene 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 Reg-
ister;
‘‘(ii) announced on a public website; 
and 
‘‘(iii) open to the public. 
‘‘(C) ATTENDANCE.—The Advisory Com-
mittee 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 Advi-
sory 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 INFORMA-
TION.— 
‘‘(A) DETERMINATIONS.—Not later than 
60 days after the date on which a voting mem-
ber is appointed to the Advisory Committee but
before such voting member may be granted any 
access to classified information or sensitive se-
curity information, the Administrator shall de-
termine if such voting member should be re-
stricted from reviewing, discussing, or pos-
sessing classified information or sensitive secu-
rity information. 
‘‘(B) ACCESS.— 
‘‘(i) SENSITIVE
SECURITY
INFORMA-
TION.—If a voting member is not re-
stricted from reviewing, discussing, or pos-
sessing 
sensitive 
security 
information 
under subparagraph (A) and voluntarily 
signs a nondisclosure agreement, such vot-
ing member may be granted access to sen-
sitive security information that is relevant 
to such voting member’s service on the Ad-
visory Committee. 
‘‘(ii) CLASSIFIED INFORMATION.—Ac-
cess to classified materials shall be man-
aged in accordance with Executive Order 
No. 13526 of December 29, 2009 (75 Fed. 
Reg. 
707), 
or 
any 
subsequent 
cor-
responding Executive order. 
‘‘(C) PROTECTIONS.—
‘‘(i) SENSITIVE
SECURITY
INFORMA-
TION.—Voting members shall protect sen-
sitive security information in accordance 
with part 1520 of title 49, Code of Federal 
Regulations. 
‘‘(ii) 
CLASSIFIED
INFORMATION.— 
Voting members shall protect classified in-
formation in accordance with the applica-
ble requirements for the particular level of 
classification of such information. 
‘‘(8) JOINT COMMITTEE MEETINGS.—The Advi-
sory 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 Com-
mittee, established under section 44946 of title 
49, United States Code. 
‘‘(B) Maritime Security Advisory Com-
mittee, established under section 70112 of title 
46, United States Code. 
‘‘(C) Railroad Safety Advisory Committee, 
established by the Federal Railroad Administra-
tion.
‘‘(9) SUBJECT MATTER EXPERTS.—The Advi-
sory Committee may request the assistance of sub-
ject matter experts with expertise related to the ju-
risdiction of the Advisory Committee. 
‘‘(d) REPORTS.— 
‘‘(1) PERIODIC REPORTS.—The Advisory Com-
mittee 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 Com-
mittee 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 infor-
mation on the activities, findings, and rec-
ommendations of the Advisory Committee dur-
ing 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 sec-
tion 552a(b) of title 5, United States Code. 
‘‘(e) ADMINISTRATION RESPONSE.— 
‘‘(1) 
CONSIDERATION.—The 
Administrator 
shall consider the information, advice, and rec-
ommendations of the Advisory Committee in formu-
lating policies, programs, initiatives, rulemakings, 
and security directives pertaining to surface trans-
portation security efforts. 
‘‘(2) FEEDBACK.—Not later than 90 days after 
the date that the Administrator receives a rec-
ommendation 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 recommenda-
tion from the Advisory Committee under subsection 
(d)(2) that the Administrator agrees with, and quar-
terly 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 main-
tain 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 implementa-
tion 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 estab-
lished 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 Ad-
ministration shall appoint the voting members of the 
Surface Transportation Security Advisory Com-
mittee established under section 1621 of the Home-
land 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
evaluation for aviation, air cargo, and surface trans-
portation security; and 
‘‘(3) to the extent practicable, include a classi-
fied addendum to report sensitive transportation se-
curity risks and associated capability gaps that 
would be best addressed by security-related tech-
nology described in paragraph (2).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment 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: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 5081 
AN ACT 
To amend the Homeland Security Act of 2002 to 
establish within the Transportation Security Ad-
ministration the Surface Transportation Security 
Advisory Committee, and for other purposes.