[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.

                          ____________________