### §204. Surface Transportation Security Advisory Committee

#### (a) Establishment

The Administrator of the Transportation Security Administration (referred to in this section as "Administrator") shall establish within the Transportation Security Administration the Surface Transportation Security Advisory Committee (referred to in this section as the "Advisory Committee").

#### (b) Duties

#### (1) In general

The Advisory Committee may advise, consult with, report to, and make recommendations to the Administrator on surface transportation security matters, including the development, refinement, and implementation of policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.

#### (2) Risk-based security

The Advisory Committee shall consider risk-based security approaches in the performance of its duties.

#### (c) Membership

#### (1) Composition

The Advisory Committee shall be composed of—

(A) voting members appointed by the Administrator under paragraph (2); and

(B) nonvoting members, serving in an advisory capacity, who shall be designated by—

(i) the Transportation Security Administration;

(ii) the Department of Transportation;

(iii) the Coast Guard; and

(iv) such other Federal department or agency as the Administrator considers appropriate.

#### (2) Appointment

The Administrator shall appoint voting members from among stakeholders representing each mode of surface transportation, such as passenger rail, freight rail, mass transit, pipelines, highways, over-the-road bus, school bus industry, and trucking, including representatives from—

(A) associations representing such modes of surface transportation;

(B) labor organizations representing such modes of surface transportation;

(C) groups representing the users of such modes of surface transportation, including asset manufacturers, as appropriate;

(D) relevant law enforcement, first responders, and security experts; and

(E) such other groups as the Administrator considers appropriate.

#### (3) Chairperson

The Advisory Committee shall select a chairperson from among its voting members.

#### (4) Term of office

#### (A) Terms

#### (i) In general

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.

#### (ii) Reappointment

A voting member of the Advisory Committee may be reappointed.

#### (B) Removal

#### (i) In general

The Administrator may review the participation of a member of the Advisory Committee and remove such member for cause at any time.

#### (ii) Access to information

The Administrator may remove any member of the Advisory Committee that the Administrator determines should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.

#### (5) Prohibition on compensation

The members of the Advisory Committee shall not receive any compensation from the Government by reason of their service on the Advisory Committee.

#### (6) Meetings

#### (A) In general

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.

#### (B) Public meetings

At least 1 of the meetings of the Advisory Committee each year shall be—

(i) announced in the Federal Register;

(ii) announced on a public website; and

(iii) open to the public.

#### (C) Attendance

The Advisory Committee shall maintain a record of the persons present at each meeting.

#### (D) Minutes

#### (i) In general

Unless otherwise prohibited by other Federal law, minutes of the meetings shall be published on the public website under subsection (e)(5).

#### (ii) Protection of classified and sensitive information

The Advisory Committee may redact or summarize, as necessary, minutes of the meetings to protect classified or other sensitive information in accordance with law.

#### (7) Voting member access to classified and sensitive security information

#### (A) Determinations

Not later than 60 days after the date on which a voting member is appointed to the Advisory Committee and before that voting member may be granted any access to classified information or sensitive security information, the Administrator shall determine if the voting member should be restricted from reviewing, discussing, or possessing classified information or sensitive security information.

#### (B) Access

#### (i) Sensitive security information

If a voting member is not restricted from reviewing, discussing, or 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.

#### (ii) Classified information

Access to classified materials shall be managed in accordance with Executive Order 13526 of December 29, 2009 (75 Fed. Reg. 707), or any subsequent corresponding Executive order.

#### (C) Protections

#### (i) Sensitive security information

Voting members shall protect sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.

#### (ii) Classified information

Voting members shall protect classified information in accordance with the applicable requirements for the particular level of classification.

#### (8) Joint committee meetings

The Advisory Committee may meet with 1 or more of the following advisory committees to discuss multimodal security issues and other security-related issues of common concern:

(A) Aviation Security Advisory Committee established under section 44946 of title 49.

(B) Maritime Security Advisory Committee established under section 70112 of title 46.

(C) Railroad Safety Advisory Committee established by the Federal Railroad Administration.

#### (9) Subject matter experts

The Advisory Committee may request the assistance of subject matter experts with expertise related to the jurisdiction of the Advisory Committee.

#### (d) Reports

#### (1) Periodic reports

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.

#### (2) Annual report

#### (A) Submission

The Advisory Committee shall submit to the Administrator and the appropriate congressional committees an annual report that provides information on the activities, findings, and recommendations of the Advisory Committee during the preceding year.

#### (B) Publication

Not later than 6 months after the date that the Administrator receives an annual report under subparagraph (A), the Administrator shall publish a public version of the report, in accordance with section 552a(b) of title 5.

#### (e) Administration response

#### (1) Consideration

The Administrator shall consider the information, advice, and recommendations of the Advisory Committee in formulating policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security.

#### (2) Feedback

Not later than 90 days after the date that the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2), the Administrator shall submit to the Advisory Committee written feedback on the recommendation, including—

(A) if the Administrator agrees with the recommendation, a plan describing the actions that the Administrator has taken, will take, or recommends that the head of another Federal department or agency take to implement the recommendation; or

(B) if the Administrator disagrees with the recommendation, a justification for that determination.

#### (3) Notices

Not later than 30 days after the date the Administrator submits feedback under paragraph (2), the Administrator shall—

(A) notify the appropriate congressional committees of the feedback, including the determination under subparagraph (A) or subparagraph (B) of that paragraph, as applicable; and

(B) provide the appropriate congressional committees with a briefing upon request.

#### (4) Updates

Not later than 90 days after the date the Administrator receives a recommendation from the Advisory Committee under subsection (d)(2) that the Administrator agrees with, and quarterly thereafter until the recommendation is fully implemented, the Administrator shall submit a report to the appropriate congressional committees or post on the public website under paragraph (5) an update on the status of the recommendation.

#### (5) Website

The Administrator shall maintain a public website that—

(A) lists the members of the Advisory Committee; and

(B) provides the contact information for the Advisory Committee.

#### (f) Nonapplicability of FACA

The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to the Advisory Committee or any subcommittee established under this section.

(Pub. L. 107–296, title IV, §404, as added Pub. L. 115–254, div. K, title I, §1969(a), Oct. 5, 2018, 132 Stat. 3609.)

#### **Editorial Notes**

#### References in Text

Executive Order 13526, referred to in subsec. (c)(7)(B)(ii), is set out as a note under section 3161 of Title 50, War and National Defense.

The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§1001 et seq.) of Title 5 by Pub. L. 117–286, §§3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.

#### **Statutory Notes and Related Subsidiaries**

#### Surface Transportation Security Advisory Committee Members

Pub. L. 115–254, div. K, title I, §1969(b), Oct. 5, 2018, 132 Stat. 3612, provided that:

"(1) Voting members.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall appoint the voting members of the Surface Transportation Security Advisory Committee established under section 404 of the Homeland Security Act of 2002 [6 U.S.C. 204], as added by subsection (a) of this section.

"(2) Nonvoting members.—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 or maritime transportation, as the Administrator considers appropriate, shall designate an appropriate representative to serve as a nonvoting member of the Surface Transportation Security Advisory Committee."

1 See References in Text note below.