; and (2) notifies the appropriate committees of Congress of the determination under paragraph (1). 8. Surface Transportation Security Advisory Committee (a) In general 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: 404. 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, and trucking, including representatives from— (A) associations representing such modes of surface transportation; (B) labor organizations representing such modes of surface transportation