[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[House]
[Pages H5625-H5627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SURFACE TRANSPORTATION SECURITY AND TECHNOLOGY ACCOUNTABILITY ACT OF
2018
Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5081
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.
[[Page H5626]]
``(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
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Katko) and the gentleman from Rhode Island (Mr. Langevin)
each will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KATKO. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days within which to revise and extend their remarks and
include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 5081, the Surface
Transportation Security and Technology Accountability Act of 2018.
America's transportation sector has long been, and continues to be, a
top target for terrorism. In addition to persistent threats to
aviation, terrorists continue to see surface transportation as soft
targets that can yield high numbers of casualties.
As chairman of the Subcommittee on Transportation and Protective
Security, I have held numerous hearings, briefings, and roundtables
dedicated to providing congressional oversight of the Transportation
Security Administration's role in surface transportation security.
The U.S. surface transportation system is a dynamic, interconnected
network of passenger and freight railroads, mass transit systems, over-
the-road bus operators, motor carrier operators, pipelines, and
maritime facilities. These systems are the bedrock of the American
economy and way of life, which is precisely why they are such
attractive targets for terrorists.
In addition to a number of horrific attacks against surface targets
by terrorists overseas, we have recently experienced an attempted
suicide bombing in New York City's Port Authority Bus Terminal. This
attack was the first attempted suicide bombing on American soil and
represented a startling shift in the threat landscape.
Luckily, this incident only yielded injury to the would-be attacker.
However, it served as an important reminder that we must be prepared to
respond to threats in all modes of transportation.
While TSA is responsible for securing all of America's transportation
systems, surface transportation security has been consistently
overshadowed by the amount of attention and resources dedicated to
aviation security.
This imbalance is aptly illustrated by the glaring absence of surface
transportation at TSA's ``Strategic Five-Year Technology Investment
Plan'' as well as the ``Biennial Refresh.''
The plan is a key communication tool for TSA to help stakeholders
understand the agency's priorities and to enable them to align
investments and product investment initiatives accordingly.
I would like to reiterate that TSA is responsible for securing all of
America's transportation systems, and that surface transportation is a
key and integral element of that mission.
TSA does not procure technology for local surface transportation
operators, but it does set the standards for viable security
technologies and equipment for that environment. Therefore, investments
related to research, development, testing, and evaluation of security
technologies for surface transportation systems should be included in
TSA's ``Strategic Five-Year Technology Investment Plan.''
My legislation will enhance the visibility of the surface
transportation sector and ensure that TSA is positioned to address
emerging threats through this critical infrastructure, which serves
more than 10 billion riders in the United States annually.
My bill authorizes the establishment of a Surface Transportation
Security Advisory Committee that will provide stakeholders the
opportunity to coordinate with TSA and comment on policy and pending
regulations.
The Surface Transportation Security Advisory Committee is a necessary
and long-overdue complement to the Aviation Security Advisory
Committee,
[[Page H5627]]
which has been a critical resource for the agency and stakeholders, and
has led to a number of improvements in aviation security, as well as
TSA processes.
Additionally, this bill explicitly directs TSA to expand the scope of
its technology investment plan to incorporate investments related to
surface transportation security and air cargo security.
My bill will signal to TSA that this committee takes its oversight of
all transportation modes seriously and that the security of surface
transportation modes should be a higher priority for the agency.
Mr. Speaker, I would like to thank the ranking member of the
Transportation and Protective Security Subcommittee, Mrs. Watson
Coleman, for cosponsoring this legislation and for her dedication to
securing all modes of transportation.
I also wish to thank Chairman McCaul for his support of this bill and
for ensuring its swift markup at committee.
Whether we talk about mass transit, passenger rail, buses, trucking,
freight rail, or pipelines, I understand that surface transportation is
of critical importance to all our communities, including my home
district in central New York. For that reason, I urge all of my
colleagues to support the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. LANGEVIN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 5081, the Surface
Transportation Security and Technology Accountability Act of 2018.
Mr. Speaker, every day, millions of Americans engage with surface
transportation across various modes, including passenger and freight
trains, commuter rail, mass transit, and buses.
These systems, which so many of us rely on, are often viewed as soft
targets, so it is more important than ever that we intensify efforts to
secure these critical systems.
H.R. 5081 is a step in the right direction.
Mr. Speaker, I want to commend my colleague from New York (Mr. Katko)
for his hard work and dedication in putting this bill together and
seeing that it gets to the floor this evening.
This bill authorizes the Transportation Security Administration to
form a Surface Transportation Security Advisory Committee to advise on
surface transportation security matters, including the development and
implementation of policies and security directives. This committee will
include stakeholders from each mode of surface transportation,
including pipelines, as well as representatives from labor
organizations, law enforcement, and the first responder community.
Importantly, H.R. 5081 requires TSA to consult with the advisory
committee in the development of its technology investment plan to
ensure that TSA develops new and effective security technologies for
surface transportation and that we are investing in the right
technology at the right time, at the right place.
Mr. Speaker, I urge my colleagues to support this bipartisan piece of
legislation. Again, I commend the gentleman from New York (Mr. Katko)
for his hard work on this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. KATKO. Mr. Speaker, I would like to thank my colleague from Rhode
Island for his kind words about this bill and for the bipartisanship
that pervades our committee. It is a model, I think, that, Congress-
wide, we could use more of. The bipartisanship that we have on this
committee really is helping to keep America safer.
Mr. Speaker, I have no more speakers. I reserve the balance of my
time.
{time} 1930
Mr. LANGEVIN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I just wanted to, again, also echo the words of my
colleague from New York in that there is great bipartisanship on the
Homeland Security Committee. I have often said that if there is one
place we are going to find bipartisanship, it is when it comes to
protecting the homeland, protecting our national security, and
certainly it has been evidenced by this particular bill and the several
bills that we will have before us this evening.
Mr. Speaker, H.R. 5081 will enhance the security of mass transit and
other critical surface transportation modes. This legislation is sorely
needed, and I thank the chairman of the Transportation and Protective
Security Subcommittee, Mr. Katko, for his efforts.
I encourage my colleagues to support H.R. 5081, and I yield back the
balance of my time.
Mr. KATKO. Mr. Speaker, I urge my colleagues to support the bill, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Katko) that the House suspend the rules
and pass the bill, H.R. 5081.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________