[House Report 115-611]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-611
======================================================================
SURFACE TRANSPORTATION SECURITY AND TECHNOLOGY ACCOUNTABILITY ACT OF
2018
_______
March 19, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5081]
The Committee on Homeland Security, to whom was referred
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, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose and Summary
The purpose of H.R. 5081, the Surface Transportation
Security and Technology Accountability Act of 2018, is to
prioritize the Transportation Security Administration's (TSA)
responsibility to secure surface transportation systems and
bring accountability to its technology investments. This bill
establishes a Surface Transportation Security Advisory
Committee within TSA to provide stakeholders and the public the
opportunity to coordinate with the agency and comment on policy
and pending regulations. It also amends reporting requirements
for biennial updates to TSA's Strategic Five-Year Technology
Investment Plan by requiring the Administrator to: consult with
the Surface Transportation Security Advisory Committee, include
information related to technology investments for aviation, air
cargo, and surface transportation security, and include a
classified addendum to report transportation security risks and
capability gaps.
Background and Need for Legislation
The Committee has seen a significant positive impact from
the establishment of the Aviation Security Advisory Committee
for TSA to receive valuable input from stakeholders across the
aviation sector. In establishing a similar entity for the
surface transportation environment, the Committee hopes to
create critical lines of communication on security-related
issues among surface transportation stakeholders and the
Administrator. The Committee recognizes that the surface
transportation sector is multi-modal and different from the
aviation sector, but like the aviation sector, it has
government and sector coordinating councils to foster
collaboration. The Committee also believes that the advisory
committee established by this legislation can serve a valuable
role in raising awareness within TSA of surface transportation
security issues and challenges, and can be a critical help to
the Administrator in determining policies and strategies aimed
at protecting surface transportation systems. The Committee in
no way intends to direct policymaking authority away from the
Administrator or other relevant government entities for the
surface transportation sector, but desires to implement a model
similar to that of the Aviation Security Advisory Committee.
The Homeland Security Act of 2002 (Pub. L. 107-296)
mandated that the TSA Administrator develop a Five-Year
Technology Investment Plan and submit an update of the Plan
biennially to Congress. The purpose of the Plan is to
communicate TSA's framework for technology investments and
outline transportation security risks and associated capability
gaps that would be best addressed by security-related
technology. However, both the Plan, which was published in
August 2015, and the first Biennial Refresh, which was
published in December 2017, focus exclusively on aviation
investments and neglect investments related to surface
transportation or air cargo security.
While TSA is responsible for securing all of America's
transportation systems, the agency serves in a regulatory and
oversight capacity with respect to surface transportation and
air cargo. As such, TSA does not procure security-related
technology for these sectors. Rather, TSA's investments related
to surface transportation and air cargo support the research,
development, testing, and evaluation of security-related
technology. These investments do not appear in the Plan or
Biennial Refresh because TSA interprets the statute very
narrowly and thus equates ``investment'' with ``procurement.''
However, this interpretation does not accurately reflect the
broad range of TSA's responsibilities or Congress's statutory
intent. Consequently, this bill clarifies the meaning of
``investments'' to include research, development, testing, and
evaluation, and requires TSA to incorporate investments related
to surface transportation and air cargo in future Biennial
Refreshes.
Hearings
While no hearing was held on H.R. 5081, the Committee was
informed by the following hearings:
114th Congress
On September 17, 2015, the Subcommittee on Transportation
Security and the Subcommittee on Counterterrorism and
Intelligence held a joint hearing entitled, ``Safeguarding our
Nation's Surface Transportation Systems Against Evolving
Terrorist Threats.'' The Subcommittees received testimony from
Mr. Eddie Mayenschein, Assistant Administrator, Office of
Security Policy and Industry Engagement, Transportation
Security Administration, U.S. Department of Homeland Security;
Ms. Jennifer Grover, Director, Transportation Security and
Coast Guard Issues, Homeland Security and Justice Team, U.S.
Government Accountability Office; Mr. Raymond Diaz, Director of
Security, Metropolitan Transportation Authority (New York); and
Ms. Polly Hanson, Chief of Police, National Railroad Passenger
Corporation (Amtrak).
115th Congress
On February 2, 2017, the Subcommittee on Transportation and
Protective Security held a hearing entitled, ``The Future of
the Transportation Security Administration.'' The Subcommittee
received testimony from Mr. Roger Dow, Chief Executive Officer,
U.S. Travel Association; Ms. Nina E. Brooks, Head of Security,
Airports Council International; and Mr. J. David Cox, National
President, American Federation of Government Employees.
On November 8, 2017, the Full Committee held a hearing
entitled, ``Preventing the Next Attack: TSA's Role in Keeping
Our Transportation Systems Secure.'' The Committee received
testimony from The Honorable David P. Pekoske, Administrator,
Transportation Security Administration, U.S. Department of
Homeland Security.
On November 28, 2017, the Subcommittee on Transportation
and Protective Security held a field hearing in Trenton, New
Jersey, entitled, ``Securing Public Areas of Transportation
Systems: Stakeholder Perspectives.'' The Subcommittee received
testimony from Mr. Charles Cunningham, Director, Homeland
Security and Emergency Management, Delaware River Port
Authority (DRPA) Public Safety / PATCO; Mr. Thomas J. Nestel,
III, Chief, Transit Police, Southeastern Pennsylvania
Transportation Authority (SEPTA); Mr. Douglas Lemanowicz,
Lieutenant, Special Operations Section, New Jersey State
Police, State of New Jersey; and Mr. Christopher Trucillo,
Chief, Transit Police, New Jersey Transit.
On January 18, 2018, the Subcommittee on Transportation and
Protective Security held a hearing entitled, ``Innovation at
TSA: Examining Threat Mitigation Through Technology
Acquisitions Reform.'' The Subcommittee received testimony from
The Honorable David P. Pekoske, Administrator, Transportation
Security Administration, U.S. Department of Homeland Security.
On January 30, 2018, the Subcommittee on Transportation and
Protective Security and the Subcommittee on Emergency
Preparedness, Response, and Communications held a joint hearing
entitled, ``Securing our Surface Transportation Systems:
Examining the Department of Homeland Security's Role in Surface
Transportation Technologies.'' The Subcommittees received
testimony from Ms. Sonya Proctor, Director of Surface Division,
Office of Security Policy and Industry Engagement,
Transportation Security Administration; Mr. Robert Pryor,
Director of Intermodal Division, Office of Requirements and
Capabilities Analysis, Transportation Security Administration;
Mr. Donald E. Roberts, Program Manager of Explosive Threat
Detection, Explosives Division, Homeland Security Advanced
Research Projects Agency, Science and Technology Directorate,
U.S. Department of Homeland Security; and Mr. Brian Michael
Jenkins, Director, National Transportation Security Center of
Excellence, Mineta Transportation Institute.
Committee Consideration
The Committee met on March 7, 2018, to consider H.R. 5081,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by unanimous
consent.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 5081.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5081, the Surface Transportation Security and Technology
Accountability Act of 2018, would result in no new or increased
budget authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 5081 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation directs the Administrator of the
Transportation Security Administration to utilize the range of
expertise represented in the Surface Transportation Security
Advisory Committee to inform future policy decisions and
security technology investments by the Transportation Security
Administration.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5081 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 5081 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5081 would require no
directed rule makings.
Advisory Committee Statement
The Federal Advisory Committee Act does not apply to the
Surface Transportation Security Advisory Committee as
established by this legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Surface Transportation Security and Technology Accountability
Act of 2018''.
Sec. 2. Surface Transportation Security Advisory Committee.
This section requires the Administrator of the
Transportation Security Administration (Administrator) to
establish a Surface Transportation Security Advisory Committee
(Advisory Committee) to aid in the development, refinement, and
implementation of policies and initiatives pertaining to
surface transportation security. The Advisory Committee will
include representatives from the Transportation Security
Administration (TSA) and the Department of Transportation, as
well as stakeholders, labor organizations, law enforcement,
first responders, and security experts representing each mode
of surface transportation.
The Advisory Committee is required to meet at least
semiannually and may convene additional meetings as necessary.
Unless otherwise prohibited by Federal law, minutes of the
meetings of the Advisory Committee shall be published online.
Additionally, 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. Furthermore, the Advisory Committee shall submit to
the Administrator and to the appropriate Congressional
Committees an annual report that provides information on the
activities, findings, and recommendations of the Advisory
Committee during the preceding year. The Administrator is
required to publish a public version of the report.
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. Not later than 90 days after the date that the
Administrator receives a recommendation, the Administrator
shall submit written feedback on such recommendation to the
Advisory Committee. Additionally, not later than 30 days after
the Administrator submits feedback to the Advisory Committee,
the Administrator shall notify the appropriate Congressional
Committees of such feedback. Not later than 90 days after the
date the Administrator receives a recommendation from the
Advisory Committee that he or she agrees with, and quarterly
thereafter until such recommendation is fully implemented, the
Administrator shall submit to the appropriate Congressional
Committees a report or post an update on the status of such
recommendation online. The Federal Advisory Committee Act (5
U.S.C. App.) does not apply to the Advisory Committee.
Sec. 3. Technology Investment Plan.
This section requires the Administrator to consult with the
Advisory Committee when preparing updates to the 5-Year
Technology Investment Plan, and include information related to
technology investments by TSA and the private sector that the
Department of Homeland Security supports with research,
development, testing, and evaluation for aviation, air cargo,
and surface transportation security. The Administrator is also
required, to the extent practicable, to include a classified
addendum to report sensitive transportation security risks and
associated capability gaps that would be best addressed by
security-technology.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE XVI--TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Surface Transportation Security
Sec. 1621. Surface Transportation Security Advisory Committee.
* * * * * * *
TITLE XVI--TRANSPORTATION SECURITY
* * * * * * *
Subtitle B--Transportation Security Administration Acquisition
Improvements
SEC. 1611. 5-YEAR TECHNOLOGY INVESTMENT PLAN.
(a) In General.--The Administrator shall--
(1) not later than 180 days after the date of the
enactment of the Transportation Security Acquisition
Reform Act, develop and submit to Congress a strategic
5-year technology investment plan, that may include a
classified addendum to report sensitive transportation
security risks, technology vulnerabilities, or other
sensitive security information; and
(2) to the extent possible, publish the Plan in an
unclassified format in the public domain.
(b) Consultation.--The Administrator shall develop the Plan
in consultation with--
(1) the Under Secretary for Management;
(2) the Under Secretary for Science and Technology;
(3) the Chief Information Officer; and
(4) the aviation industry stakeholder advisory
committee established by the Administrator.
(c) Approval.--The Administrator may not publish the Plan
under subsection (a)(2) until it has been approved by the
Secretary.
(d) Contents of Plan.--The Plan shall include--
(1) an analysis of transportation security risks and
the associated capability gaps that would be best
addressed by security-related technology, including
consideration of the most recent quadrennial homeland
security review under section 707;
(2) a set of security-related technology acquisition
needs that--
(A) is prioritized based on risk and
associated capability gaps identified under
paragraph (1); and
(B) includes planned technology programs and
projects with defined objectives, goals,
timelines, and measures;
(3) an analysis of current and forecast trends in
domestic and international passenger travel;
(4) an identification of currently deployed security-
related technologies that are at or near the end of
their lifecycles;
(5) an identification of test, evaluation, modeling,
and simulation capabilities, including target
methodologies, rationales, and timelines necessary to
support the acquisition of the security-related
technologies expected to meet the needs under paragraph
(2);
(6) an identification of opportunities for public-
private partnerships, small and disadvantaged company
participation, intragovernment collaboration,
university centers of excellence, and national
laboratory technology transfer;
(7) an identification of the Administration's
acquisition workforce needs for the management of
planned security-related technology acquisitions,
including consideration of leveraging acquisition
expertise of other Federal agencies;
(8) an identification of the security resources,
including information security resources, that will be
required to protect security-related technology from
physical or cyber theft, diversion, sabotage, or
attack;
(9) an identification of initiatives to streamline
the Administration's acquisition process and provide
greater predictability and clarity to small, medium,
and large businesses, including the timeline for
testing and evaluation;
(10) an assessment of the impact to commercial
aviation passengers;
(11) a strategy for consulting airport management,
air carrier representatives, and Federal security
directors whenever an acquisition will lead to the
removal of equipment at airports, and how the strategy
for consulting with such officials of the relevant
airports will address potential negative impacts on
commercial passengers or airport operations; and
(12) in consultation with the National Institutes of
Standards and Technology, an identification of
security-related technology interface standards, in
existence or if implemented, that could promote more
interoperable passenger, baggage, and cargo screening
systems.
(e) Leveraging the Private Sector.--To the extent possible,
and in a manner that is consistent with fair and equitable
practices, the Plan shall--
(1) leverage emerging technology trends and research
and development investment trends within the public and
private sectors;
(2) incorporate private sector input, including from
the aviation industry stakeholder advisory committee
established by the Administrator, through requests for
information, industry days, and other innovative means
consistent with the Federal Acquisition Regulation; and
(3) in consultation with the Under Secretary for
Science and Technology, identify technologies in
existence or in development that, with or without
adaptation, are expected to be suitable to meeting
mission needs.
(f) Disclosure.--The Administrator shall include with the
Plan a list of nongovernment persons that contributed to the
writing of the Plan.
(g) Update and Report.--Beginning 2 years after the date the
Plan is submitted to Congress under subsection (a), and
biennially thereafter, the Administrator shall submit to
Congress--
(1) an update of the Plan; and
(2) a report on the extent to which each security-
related technology acquired by the Administration since
the last issuance or update of the Plan is consistent
with the planned technology programs and projects
identified under subsection (d)(2) for that security-
related technology.
(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).
* * * * * * *
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.
* * * * * * *
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