49 U.S.C. § 115

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 115 - Transportation Security Oversight Board

(a) IN GENERAL.-There is established in the Department of Homeland Security a board to be known as the "Transportation Security Oversight Board".

(b) MEMBERSHIP.-

(1) NUMBER AND APPOINTMENT.-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) CHAIRPERSON.-The Chairperson of the Board shall be the Secretary of Homeland Security.

(c) DUTIES.-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) QUARTERLY MEETINGS.-The Board shall meet at least quarterly.

(e) CONSIDERATION OF SECURITY INFORMATION.-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,¹ sensitive security information, or information protected in accordance with section 40119(b),² will be discussed.

¹ So in original. The word "information" probably should be inserted.

² See References in Text note below.

49 U.S.C. § 115

Added Pub. L. 107-71, title I, §102(a), Nov. 19, 2001, 115 Stat. 604; amended Pub. L. 107-296, title IV, §426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L. 111-259, title IV, §411, Oct. 7, 2010, 124 Stat. 2725; Pub. L. 115-254, div. K, title I, §1991(b), Oct. 5, 2018, 132 Stat. 3626.

EDITORIAL NOTES

REFERENCES IN TEXTSection 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.

AMENDMENTS2018-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 AMENDMENT Amendment 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 FUNCTIONSFor 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 sections 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.