[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5081 Reported in House (RH)]
<DOC>
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
_______________________________________________________________________
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.
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 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.''.
(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
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 establish within the
Transportation Security Administration the Surface Transportation
Security Advisory Committee, and for other purposes.
_______________________________________________________________________
March 19, 2018
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed