Title 49 — Transportation
Chapter 1 — Organization
§ 115. Transportation Security Oversight Board
Statutory text
In General.—
There is established in the Department of Homeland Security a board to be known as the “Transportation Security Oversight Board”.
Membership.—
Number and appointment.—
The Board shall be composed of 7 members as follows:
The Secretary of Homeland Security, or the Secretary’s designee.
The Secretary of Transportation, or the Secretary’s designee.
The Attorney General, or the Attorney General’s designee.
The Secretary of Defense, or the Secretary’s designee.
The Secretary of the Treasury, or the Secretary’s designee.
The Director of National Intelligence, or the Director’s designee.
One member appointed by the President to represent the National Security Council.
Chairperson.—
The Chairperson of the Board shall be the Secretary of Homeland Security.
Duties.—
The Board shall—
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;
facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;
facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;
explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;
review plans for transportation security;
make recommendations to the Administrator regarding matters reviewed under paragraph (5).
Quarterly Meetings.—
The Board shall meet at least quarterly.
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
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.
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. 604Enacted 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.” .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.Homeland Security Act of 2002
Pub. L. 107–296 § 426(a)(2) · 116 Stat. 2135
Added · 49 U.S.C. § 115(b)(1)
Pub. L. 107–296, § 426(a)(2), added subpar. (A)
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
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.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.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.” .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”; andTSA 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
- 2001Added Pub. L. 107–71, title I, § 102(a), , 115 Stat. 604
- 2002amended Pub. L. 107–296, title IV, § 426(a), , 116 Stat. 2186
- 2010Pub. L. 111–259, title IV, § 411, , 124 Stat. 2725
- 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.)