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Title 49 — Transportation

Chapter 1 — Organization

§ 115. Transportation Security Oversight Board

Statutory text

(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.

Footnotes

  1. 1 So in original. The word “information” probably should be inserted.
  2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aviation and Transportation Security Act

    Pub. L. 107–71 title I § 102(a) · 115 Stat. 597

    Enacted · 49 U.S.C. § 115

    Added Pub. L. 107–71, title I, § 102(a), Nov. 19, 2001, 115 Stat. 604

    Source evidence

    Code source credit
    Added Pub. L. 107–71, title I, § 102(a), Nov. 19, 2001, 115 Stat. 604

    Enacted provision · exact public law section
    (a) In General.— Chapter 1 of title 49, United States Code, is amended by adding at the end the following: “§ 115. Transportation Security Oversight Board “(a) In General.— There is established in the Department of Transportation 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 Transportation, or the Secretary’s designee. “(B) The Attorney General, or the Attorney General’s designee. “(C) The Secretary of Defense, or the Secretary’s designee. “(D) The Secretary of the Treasury, or the Secretary’s designee. “(E) The Director of the Central Intelligence Agency, or the Director’s designee. “(F) One member appointed by the President to represent the National Security Council. “(G) One member appointed by the President to represent the Office of Homeland Security. “(2) Chairperson.— The Chairperson of the Board shall be the Secretary of Transportation. “(c) Duties.— The Board shall— “(1) review and ratify or disapprove any regulation or security directive issued by the Under Secretary of Transportation for security under section 114(1)(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 Under Secretary 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, sensitive security information, or information protected in accordance with section 40119(b), will be discussed.” .

  2. Homeland Security Act of 2002

    Pub. L. 107–296 § 426(a)(1) · 116 Stat. 2135

    Substituted · 49 U.S.C. § 115(a)

    Pub. L. 107–296, § 426(a)(1), substituted “Department of Homeland Security” for “Department of Transportation”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–296, § 426(a)(1), substituted “Department of Homeland Security” for “Department of Transportation”.

    Enacted provision · exact public law section
    (1) Establishment.— Section 115(a) of title 49, United States Code, is amended by striking “Department of Transportation” and inserting “Department of Homeland Security”.

    Effective date note
    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.

  3. Homeland Security Act of 2002

    Pub. L. 107–296 § 426(a)(2) · 116 Stat. 2135

    1. Added · 49 U.S.C. § 115(b)(1)

      Pub. L. 107–296, § 426(a)(2), added subpar. (A)

    2. Redesignated · 49 U.S.C. § 115(b)(1)

      Pub. L. 107–296, § 426(a)(2), redesignated former subpars. (A) to (F) as (B) to (G), respectively

    3. Struck · 49 U.S.C. § 115(b)(1)

      Pub. L. 107–296, § 426(a)(2), struck out former subpar. (G) which read as follows: “One member appointed by the President to represent the Office of Homeland Security.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) Membership.— Section 115(b)(1) of title 49, United States Code, is amended— (A) by striking subparagraph (G); (B) by redesignating subparagraphs (A) through (F) as subparagraphs (B) through (G), respectively; and (C) by inserting before subparagraph (B) (as so redesignated) the following: “(A) The Secretary of Homeland Security, or the Secretary’s designee.”.

    Effective date note
    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.

  4. Homeland Security Act of 2002

    Pub. L. 107–296 § 426(a)(3) · 116 Stat. 2135

    Substituted · 49 U.S.C. § 115(b)(2)

    Pub. L. 107–296, § 426(a)(3), substituted “Secretary of Homeland Security” for “Secretary of Transportation”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 107–296, § 426(a)(3), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

    Enacted provision · exact public law section
    (3) Chairperson.— Section 115(b)(2) of title 49, United States Code, is amended by striking “Secretary of Transportation” and inserting “Secretary of Homeland Security”.

    Effective date note
    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.

  5. Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 title IV § 411 · 124 Stat. 2654

    Amended · 49 U.S.C. § 115(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 411. MEMBERSHIP OF THE DIRECTOR OF NATIONAL INTELLIGENCE ON THE TRANSPORTATION SECURITY OVERSIGHT BOARD.   Subparagraph (F) of section 115(b)(1) of title 49, United States Code, is amended to read as follows: “(F) The Director of National Intelligence, or the Director’s designee.” .

  6. TSA Modernization Act

    Pub. L. 115–254 § 1991(b)(1) · 132 Stat. 3187

    Substituted · 49 U.S.C. § 115(c)(1)

    Pub. L. 115–254, § 1991(b)(1), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for security”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 115–254, § 1991(b)(1), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for security”.

    Enacted provision · exact public law section
    (1) in subsection (c)(1), by striking “Under Secretary of Transportation for security” and inserting “Administrator of the Transportation Security Administration”; and

  7. TSA Modernization Act

    Pub. L. 115–254 § 1991(b)(2) · 132 Stat. 3187

    Substituted · 49 U.S.C. § 115(c)(6)

    Pub. L. 115–254, § 1991(b)(2), substituted “Administrator” for “Under Secretary”

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 115–254, § 1991(b)(2), substituted “Administrator” for “Under Secretary”.

    Enacted provision · exact public law section
    (2) in subsection (c)(6), by striking “Under Secretary” and inserting “Administrator”.

9 of 9 references resolved to an enrolled provision

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), , 132 Stat. 3627.

Amendments2002–2018 · 3 rounds

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 Amendment

Amendment by Pub. L. 107–296 effective 60 days after , 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 sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Credits

2001–2018 · 4 acts
  1. 2001Added Pub. L. 107–71, title I, § 102(a), , 115 Stat. 604
  2. 2002amended Pub. L. 107–296, title IV, § 426(a), , 116 Stat. 2186
  3. 2010Pub. L. 111–259, title IV, § 411, , 124 Stat. 2725
  4. 2018Pub. L. 115–254, div. K, title I, § 1991(b), , 132 Stat. 3626.
Show as published

(Added Pub. L. 107–71, title I, § 102(a), , 115 Stat. 604; amended Pub. L. 107–296, title IV, § 426(a), , 116 Stat. 2186; Pub. L. 111–259, title IV, § 411, , 124 Stat. 2725; Pub. L. 115–254, div. K, title I, § 1991(b), , 132 Stat. 3626.)

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