Review - S 2016 Introduced - Surface Transportation Investment Act of 2021

Earlier this month Sen Cantwell (D,WA) introduced S 2016, the Surface Transportation Investment Act of 2021. This is the Senate version of the FY 2021 surface transportation authorization bill. The bill contains one significant cybersecurity provision and two HAZMAT response provisions of note, as well seven additional, relatively minor, cybersecurity mentions.

GAO Cybersecurity Reports

The major cybersecurity requirement of this bill is found in §5023. It gives DOT three years to address recommendations made in two separate cybersecurity related reports from the GAO:

• A risk management report (GAO–19–384), and

• A cybersecurity workforce report (GAO-19-144)

HAZMAT Response

Section 6002 (pg 565) amends 49 USC 5116 by inserting a new subsection (j), Alert Grant Program. It would require DOT to establish this new grant program to “develop a hazardous materials response training curriculum for emergency responders, including response activities for the transportation of crude oil, ethanol, and other flammable liquids by rail, consistent with the standards of the National Fire Protection Association” {new §5116(j)(1)}. DOT would be required ensure that the training was available in ‘an electronic format’.

Section 6003 (pg 568) amends §7302 of the FAST Act (PL 114-94, Page 129 STAT. 1594) by changing the deadline in §7302(a)(1) from December 5^th, 2016 to December 5^th 2022 for DOT to establish regulations requiring Class I railroads to “to generate accurate, real-time, and electronic train consist information” {§7302(a)(1)(A).

Minor Cybersecurity Provisions

This bill continues a recent trend for legislation to make relatively minor changes to current requirements in order to increase the emphasis on cybersecurity. This trend involves the recognition that cybersecurity should be part and parcel of much of what goes on in a modern electronic society. Those minor cybersecurity mentions have been included in the following sections of the bill:

§5001. Intelligent Transportation Systems Program Advisory Committee,

§5005. Strengthening mobility and revolutionizing transportation grant program,

§5006. Electric vehicle working group,

§5013. Advanced transportation research,

§5015. Transportation research and development 5-year strategic plan,

§5018. University transportation centers program, and

§5021. Transportation workforce development

Moving Forward

On Wednesday, the Senate Commerce, Science, and Transportation Committee held a markup hearing that included S 2016. No information on that markup is currently available on the hearing website (not unusual for Senate websites to be very slow to update), but Congress.gov site for this bill notes that the Committee: “Ordered to be reported with an amendment in the nature of a substitute favorably.” The substitute language is not currently available, but typically such substitute language adds new provisions. I will take a look at the changes when the Committee Report is published.

For a more detailed look at the provisions of this bill, see my article at CFSN Detailed Analysis https://patrickcoyle.substack.com/p/s-2016-introduced (subscription required).