49 U.S.C. § 115 — Transportation Security Oversight Board

Page 82 TITLE 49—TRANSPORTATION § 115 ‘‘(a) IN GENERAL.—Notwithstanding any provision of law, any statutory limitation on the number of em- ployees in the Transportation Security Administration, before or after its transfer to the Department of Home- land Security from the Department of Transportation, does not apply after fiscal year 2007. ‘‘(b) AVIATION SECURITY.—Notwithstanding any provi- sion of law imposing a limitation on the recruiting or hiring of personnel into the Transportation Security Administration to a maximum number of permanent positions, the Secretary of Homeland Security shall re- cruit and hire such personnel into the Administration as may be necessary— ‘‘(1) to provide appropriate levels of aviation secu- rity; and ‘‘(2) to accomplish that goal in such a manner that the average aviation security-related delay experi- enced by airline passengers is reduced to a level of less than 10 minutes.’’ LEASE OF PROPERTY TO TRANSPORTATION SECURITY ADMINISTRATION EMPLOYEES Pub. L. 109–90, title V, § 514, Oct. 18, 2005, 119 Stat. 2084, provided that: ‘‘Notwithstanding section 3302 of title 31, United States Code, for fiscal year 2006 and thereafter, the Administrator of the Transportation Se- curity Administration may impose a reasonable charge for the lease of real and personal property to Transpor- tation Security Administration employees and for use by Transportation Security Administration employees and may credit amounts received to the appropriation or fund initially charged for operating and maintaining the property, which amounts shall be available, with- out fiscal year limitation, for expenditure for property management, operation, protection, construction, re- pair, alteration, and related activities.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 108–334, title V, § 516, Oct. 18, 2004, 118 Stat. 1318. ACQUISITION MANAGEMENT SYSTEM OF THE TRANSPORTATION SECURITY ADMINISTRATION Pub. L. 109–90, title V, § 515, Oct. 18, 2005, 119 Stat. 2084, provided that: ‘‘For fiscal year 2006 and thereafter, the acquisition management system of the Transpor- tation Security Administration shall apply to the ac- quisition of services, as well as equipment, supplies, and materials.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 108–334, title V, § 517, Oct. 18, 2004, 118 Stat. 1318. REGISTERED TRAVELER PROGRAM FEE Pub. L. 109–90, title V, § 540, Oct. 18, 2005, 119 Stat. 2088, provided that: ‘‘For fiscal year 2006 and thereafter, notwithstanding section 553 of title 5, United States Code, the Secretary of Homeland Security shall impose a fee for any registered traveler program undertaken by the Department of Homeland Security by notice in the Federal Register, and may modify the fee from time to time by notice in the Federal Register: Pro- vided, That such fees shall not exceed the aggregate costs associated with the program and shall be credited to the Transportation Security Administration reg- istered traveler fee account, to be available until ex- pended.’’ ENHANCED SECURITY MEASURES Pub. L. 107–71, title I, § 109, Nov. 19, 2001, 115 Stat. 613, as amended by Pub. L. 107–296, title XIV, § 1403(b), Nov. 25, 2002, 116 Stat. 2306, provided that: ‘‘(a) IN GENERAL.—The Under Secretary of Transpor- tation for Security [now the Administrator of the Transportation Security Administration] may take the following actions: ‘‘(1) Require effective 911 emergency call capability for telephones serving passenger aircraft and pas- senger trains. ‘‘(2) Establish a uniform system of identification for all State and local law enforcement personnel for use in obtaining permission to carry weapons in air- craft cabins and in obtaining access to a secured area of an airport, if otherwise authorized to carry such weapons. ‘‘(3) Establish requirements to implement trusted passenger programs and use available technologies to expedite the security screening of passengers who participate in such programs, thereby allowing secu- rity screening personnel to focus on those passengers who should be subject to more extensive screening. ‘‘(4) In consultation with the Commissioner of the Food and Drug Administration, develop alternative security procedures under which a medical product to be transported on a flight of an air carrier would not be subject to an inspection that would irreversibly damage the product. ‘‘(5) Provide for the use of technologies, including wireless and wire line data technologies, to enable the private and secure communication of threats to aid in the screening of passengers and other individ- uals on airport property who are identified on any State or Federal security-related data base for the purpose of having an integrated response coordina- tion of various authorized airport security forces. ‘‘(6) In consultation with the Administrator of the Federal Aviation Administration, consider whether to require all pilot licenses to incorporate a photo- graph of the license holder and appropriate biometric imprints. ‘‘(7) Provide for the use of voice stress analysis, bio- metric, or other technologies to prevent a person who might pose a danger to air safety or security from boarding the aircraft of an air carrier or foreign air carrier in air transportation or intrastate air trans- portation. ‘‘(8) Provide for the use of technology that will per- mit enhanced instant communications and informa- tion between airborne passenger aircraft and appro- priate individuals or facilities on the ground. ‘‘(9) Require that air carriers provide flight attend- ants with a discreet, hands-free, wireless method of communicating with the pilots. ‘‘(b) REPORT.—Not later than 6 months after the date of enactment of this Act [Nov. 19, 2001], and annually thereafter until the Under Secretary [now the Adminis- trator of the Transportation Security Administration] has implemented or decided not to take each of the ac- tions specified in subsection (a), the Under Secretary shall transmit to Congress a report on the progress of the Under Secretary in evaluating and taking such ac- tions, including any legislative recommendations that the Under Secretary may have for enhancing transpor- tation security.’’ [For definitions of terms used in section 109 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.] § 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 Over- sight 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 Sec- retary’s designee. (E) The Secretary of the Treasury, or the Secretary’s designee. Page 83 TITLE 49—TRANSPORTATION § 116 1 So in original. The word ‘‘information’’ probably should be in- serted. 2 See References in Text note below. (F) The Director of National Intelligence, or the Director’s designee. (G) One member appointed by the Presi- dent to represent the National Security Council. (2) CHAIRPERSON.—The Chairperson of the Board shall be the Secretary of Homeland Se- curity. (c) DUTIES.—The Board shall— (1) review and ratify or disapprove any regu- lation or security directive issued by the Ad- ministrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regu- lation or directive; (2) facilitate the coordination of intel- ligence, security, and law enforcement activi- ties affecting transportation; (3) facilitate the sharing of intelligence, se- curity, and law enforcement information af- fecting transportation among Federal agencies and with carriers and other transportation providers as appropriate; (4) explore the technical feasibility of devel- oping a common database of individuals who may pose a threat to transportation or na- tional security; (5) review plans for transportation security; (6) make recommendations to the Adminis- trator regarding matters reviewed under para- graph (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 in- formation protected in accordance with section 40119(b),2 will be discussed. (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 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), sub- stituted ‘‘Administrator of the Transportation Secu- rity Administration’’ for ‘‘Under Secretary of Trans- portation 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 sub- par. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘The Director of the Central Intel- ligence Agency, or the Director’s designee.’’ 2002—Subsec. (a). Pub. L. 107–296, § 426(a)(1), sub- stituted ‘‘Department of Homeland Security’’ for ‘‘De- partment of Transportation’’. Subsec. (b)(1). Pub. L. 107–296, § 426(a)(2), added sub- par. (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 Secu- rity.’’ 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, Do- mestic Security. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Transportation Security Administra- tion 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 Secu- rity, and for treatment of related references, see sec- tions 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. § 116. National Surface Transportation and Inno- vative Finance Bureau (a) ESTABLISHMENT.—The Secretary of Trans- portation shall establish a National Surface Transportation and Innovative Finance Bureau in the Department. (b) PURPOSES.—The purposes of the Bureau shall be— (1) to provide assistance and communicate best practices and financing and funding op- portunities to eligible entities for the pro- grams referred to in subsection (d)(1); (2) to administer the application processes for programs within the Department in ac- cordance with subsection (d); (3) to promote innovative financing best practices in accordance with subsection (e); (4) to reduce uncertainty and delays with re- spect to environmental reviews and permit- ting in accordance with subsection (f); and (5) to reduce costs and risks to taxpayers in project delivery and procurement in accord- ance with subsection (g). (c) EXECUTIVE DIRECTOR.— (1) APPOINTMENT.—The Bureau shall be head- ed by an Executive Director, who shall be ap- pointed in the competitive service by the Sec- retary, with the approval of the President. (2) DUTIES.—The Executive Director shall— (A) report to the Under Secretary of Transportation for Policy; (B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Bureau; (C) support the Council on Credit and Fi- nance established under section 117 in ac- cordance with this section; and (D) carry out such additional duties as the Secretary may prescribe. (d) ADMINISTRATION OF CERTAIN APPLICATION PROCESSES.—