§115 — Title 49 Transportation | U.S. Code

Summary

Creates a Transportation Security Oversight Board inside the Department of Homeland Security. The Board has 7 members: the Secretaries of Homeland Security (who chairs the Board), Transportation, Defense, and the Treasury, the Attorney General, the Director of National Intelligence, and one Presidential appointee for the National Security Council. Each official may send a designee. The Board must decide within 30 days whether to approve or reject any TSA rule or security order issued under section 114(l)(2). It must help coordinate and share intelligence, security, and law enforcement information about transportation, study whether a shared database of potentially dangerous people is technically possible, review transportation security plans, and advise the TSA Administrator. The Board must meet at least quarterly. A majority can close meetings, and meetings must be closed when classified material, sensitive security information, or information protected under section 40119(b) will be discussed.

Title 49, §115

Transportation — Source: USLM XML via OLRC

(a)There is established in the Department of Homeland Security a board to be known as the “Transportation Security Oversight Board”.

(b)(1)The Board shall be composed of 7 members as follows:

(A)The Secretary of Homeland Security, or the Secretary’s designee.

(B)The Secretary of Transportation, or the Secretary’s designee.

(C)The Attorney General, or the Attorney General’s designee.

(D)The Secretary of Defense, or the Secretary’s designee.

(E)The Secretary of the Treasury, or the Secretary’s designee.

(F)The Director of National Intelligence, or the Director’s designee.

(G)One member appointed by the President to represent the National Security Council.

(2)The Chairperson of the Board shall be the Secretary of Homeland Security.

(c)The Board shall—

(1)review and ratify or disapprove any regulation or security directive issued by the Administrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive;

(2)facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;

(3)facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;

(4)explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;

(5)review plans for transportation security;

(6)make recommendations to the Administrator regarding matters reviewed under paragraph (5).

(d)The Board shall meet at least quarterly.

(e)A majority of the Board may vote to close a meeting of the Board to the public, except that meetings shall be closed to the public whenever classified,11 So in original. The word “information” probably should be inserted. sensitive security information, or information protected in accordance with section 40119(b),22 See References in Text note below. will be discussed.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 40119 of this title, referred to in subsec. (e), was repealed by Pub. L. 115–254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.

Amendments

2018—Subsec. (c)(1). Pub. L. 115–254, § 1991(b)(1), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for security”. Subsec. (c)(6). Pub. L. 115–254, § 1991(b)(2), substituted “Administrator” for “Under Secretary”. 2010—Subsec. (b)(1)(F). Pub. L. 111–259 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “The Director of the Central Intelligence Agency, or the Director’s designee.” 2002—Subsec. (a). Pub. L. 107–296, § 426(a)(1), substituted “Department of Homeland Security” for “Department of Transportation”. Subsec. (b)(1). Pub. L. 107–296, § 426(a)(2), added subpar. (A), redesignated former subpars. (A) to (F) as (B) to (G), respectively, and struck out former subpar. (G) which read as follows: “One member appointed by the President to represent the Office of Homeland Security.” Subsec. (b)(2). Pub. L. 107–296, § 426(a)(3), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an

Effective Date

note under section 101 of Title 6, Domestic Security.

Transfer of Functions

For

Transfer of Functions

, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§115 Transportation Security Oversight Board

Summary

Title 49, §115

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Transfer of Functions

Transfer of Functions

Citations & Metadata