Sec. 8. Surface Transportation and Maritime Security Advisory Committee
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Subtitle A of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201 et seq. ) is amended by adding at the end the following: The Administrator of the Transportation Security Administration (referred to in this section as Administrator ) shall establish within the Transportation Security Administration the Surface Transportation and Maritime Security Advisory Committee (referred to in this section as Advisory Committee ). The Administrator, while adhering to appropriate security guidelines, shall consult with the Advisory Committee, as appropriate, on surface transportation and maritime security matters, including the development, refinement, and implementation of policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation and maritime security.
The Advisory Committee shall develop recommendations for improvements to surface transportation and maritime security. The Advisory Committee shall periodically submit reports to the Administrator on matters requested by the Administrator or by a majority of the members of the Advisory Committee. The Advisory Committee shall submit an annual report to the Administrator, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives that provides information on the activities, findings, and recommendations of the Advisory Committee during the preceding year.
Not later than 6 months after each date on which the Administrator receives an annual report under subparagraph (A), the Administrator shall publish a public version of the report, in accordance with section 552b of title 5, United States Code. Not later than 90 days after the date on which the Administrator receives recommendations from the Advisory Committee under paragraph (4)(A), the Administrator shall submit to the Advisory Committee— written feedback about each of the recommendations; an action plan to implement those recommendations with which the Administrator concurs; and a justification for each recommendation the Administrator rejects.
Not later than 30 days after providing written feedback to the Advisory Committee under paragraph (5), the Administrator shall— notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives of such feedback; and provide such committees with a briefing upon request. Not later than 90 days after the date of enactment of the Surface Transportation and Maritime Security Act , and quarterly thereafter until a recommendation is closed, the Administrator shall submit a report to Congress or post on a public website an update on the status of recommendations included in the report under paragraph (4).
The Administrator shall maintain a public website that— lists the members of the Advisory Committee; provides the contact information for the Advisory Committee; and provides minutes of meetings, recommendations, and other relevant documents, as appropriate. The Advisory Committee shall be composed of— voting members appointed by the Administrator under paragraph (2); and nonvoting members, serving in an advisory capacity, who shall be designated by— the Transportation Security Administration; the Department of Transportation; the Coast Guard; and such other Federal department or agency with regulatory authority over a mode of surface transportation or maritime as the Administrator considers appropriate.
The Administrator shall appoint voting members from among stakeholders representing passenger rail, freight rail, mass transit, pipelines, highways, over-the-road bus and trucking, and port and maritime industries, including representatives from— associations representing such surface transportation or maritime modes; labor organizations representing such surface transportation or maritime modes; groups representing the users of such surface transportation or maritime modes, including shippers and asset manufacturers, as appropriate; relevant law enforcement, first responders, and security experts; and such other groups as the Administrator considers appropriate.
The term of each voting member of the Advisory Committee shall be 2 years, but a voting member may continue to serve until the Administrator appoints a successor. A voting member of the Advisory Committee may be reappointed. The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time. The members of the Advisory Committee shall not receive any compensation from the Government by reason of their service on the Advisory Committee.
The Administrator shall require the Advisory Committee to meet at least semiannually in person or through Web conferencing and may convene additional meetings as necessary. At least one of the meetings of the Advisory Committee each year shall be— announced in the Federal Register; announced on a public website; and open to the public. The Advisory Committee shall maintain a record of the persons present at each meeting. Unless otherwise prohibited by other Federal law, minutes of the meetings shall be published on the public website required under subsection (b)(8).
The Advisory Committee may redact or summarize, as necessary, minutes of the meetings to protect classified or other sensitive information in accordance with law. Not later than 60 days after the date on which a voting member is appointed to the Advisory Committee, the Administrator shall determine if the voting member should be restricted from reviewing, discussing, or possessing sensitive security information. If a voting member is not restricted from possessing sensitive security information under subparagraph
(A)and voluntarily signs a nondisclosure agreement, the voting member may be granted access to sensitive security information that is relevant to the voting member’s service on the Advisory Committee. Access to classified materials shall be managed under the requirements set forth in section 503.59 of title 46, Code of Federal Regulations. Voting members shall protect sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations. Voting members shall protect classified information in accordance with the applicable requirements for the particular level of classification. The Advisory Committee shall select a chairperson from among its voting members. The Advisory Committee shall consider risk-based security approaches in the performance of its functions. The Advisory Committee may meet with the Aviation Security Advisory Committee established under section 44946 of title 49, United States Code, to discuss multimodal security issues and other security-related issues of common concern. The Advisory Committee may request the assistance of subject matter experts with expertise related to the jurisdiction of the Advisory Committee. . Not later than 180 days after the date of enactment of this Act, the Administrator shall appoint the voting members of the Surface Transportation and Maritime Security Advisory Committee established pursuant to section 404 of the Homeland Security Act of 2002, as added by subsection (a). The voting members shall consist of representatives of each surface transportation mode and the maritime mode. Not later than 90 days after the date of enactment of this Act, each Federal Government department and agency with regulatory authority over a mode of surface transportation or maritime, as the Administrator considers appropriate, shall designate an appropriate representative to serve as a nonvoting member of the Surface Transportation and Maritime Security Advisory Committee. The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the item relating to section 403 the following: Sec. 404. Surface Transportation and Maritime Security Advisory Committee. .
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- Pub. L. 107-296
- 116 Stat. 2135
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Sec. 8
Surface Transportation and Maritime Security Advisory Committee
Pub. L.Pub. L. 107-296
Stat.116 Stat. 2135
Cites 3Cited by 0 across 0 sources