Collapse to view only § 204. Surface Transportation Security Advisory Committee
- § 201. Repealed.
- § 202. Border, maritime, and transportation responsibilities
- § 203. Functions transferred
- § 204. Surface Transportation Security Advisory Committee
- § 205. Ombudsman for immigration detention
§ 201. Repealed. Pub. L. 114–125, title VIII, § 802(g)(2), Feb. 24, 2016, 130 Stat. 212
§ 202. Border, maritime, and transportation responsibilities
The Secretary shall be responsible for the following:
(1) Preventing the entry of terrorists and the instruments of terrorism into the United States.
(2) Securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States, including managing and coordinating those functions transferred to the Department at ports of entry.
(3) Carrying out the immigration enforcement functions vested by statute in, or performed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Naturalization Service) immediately before the date on which the transfer of functions specified under section 251 of this title takes effect.
(4) Establishing and administering rules, in accordance with section 236 of this title, governing the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not a citizen or an alien lawfully admitted for permanent residence in the United States.
(5) Establishing national immigration enforcement policies and priorities.
(6) Except as provided in part C of this subchapter, administering the customs laws of the United States.
(7) Conducting the inspection and related administrative functions of the Department of Agriculture transferred to the Secretary of Homeland Security under section 231 of this title.
(8) In carrying out the foregoing responsibilities, ensuring the speedy, orderly, and efficient flow of lawful traffic and commerce.
(Pub. L. 107–296, title IV, § 402, Nov. 25, 2002, 116 Stat. 2177; Pub. L. 114–125, title VIII, § 802(g)(1)(B)(ii)(II), Feb. 24, 2016, 130 Stat. 211.)
§ 203. Functions transferred
In accordance with subchapter XII (relating to transition provisions), there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of—
(1) the United States Customs Service of the Department of the Treasury, including the functions of the Secretary of the Treasury relating thereto;
(2) 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;
(3) the Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto;
(4) the Federal Law Enforcement Training Center of the Department of the Treasury; and
(5) the Office for Domestic Preparedness of the Office of Justice Programs, including the functions of the Attorney General relating thereto.
(Pub. L. 107–296, title IV, § 403, Nov. 25, 2002, 116 Stat. 2178.)
§ 204. Surface Transportation Security Advisory Committee
(a) Establishment
(b) Duties
(1) In general
(2) Risk-based security
(c) Membership
(1) CompositionThe 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) AppointmentThe 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
(4) Term of office
(A) Terms
(i) In general
(ii) Reappointment
(B) Removal
(i) In general
(ii) Access to information
(5) Prohibition on compensation
(6) Meetings
(A) In general
(B) Public meetingsAt 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
(D) Minutes
(i) In general
(ii) Protection of classified and sensitive information
(7) Voting member access to classified and sensitive security information
(A) Determinations
(B) Access
(i) Sensitive security information
(ii) Classified information
(C) Protections
(i) Sensitive security information
(ii) Classified information
(8) Joint committee meetingsThe 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
(d) Reports
(1) Periodic reports
(2) Annual report
(A) Submission
(B) Publication
(e) Administration response
(1) Consideration
(2) FeedbackNot 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) NoticesNot 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
(5) WebsiteThe 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
(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.)
§ 205. Ombudsman for immigration detention
(a) In general
(b) Functions
The functions of the Ombudsman shall be to—
(1) Establish and administer an independent, neutral, and confidential process to receive, investigate, resolve, and provide redress, including referral for investigation to the Office of the Inspector General, referral to U.S. Citizenship and Immigration Services for immigration relief, or any other action determined appropriate, for cases in which Department officers or other personnel, or contracted, subcontracted, or cooperating entity personnel, are found to have engaged in misconduct or violated the rights of individuals in immigration detention;
(2) Establish an accessible and standardized process regarding complaints against any officer or employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any contracted, subcontracted, or cooperating entity personnel, for violations of law, standards of professional conduct, contract terms, or policy related to immigration detention;
(3) Conduct unannounced inspections of detention facilities holding individuals in federal immigration custody, including those owned or operated by units of State or local government and privately-owned or operated facilities;
(4) Review, examine, and make recommendations to address concerns or violations of contract terms identified in reviews, audits, investigations, or detainee interviews regarding immigration detention facilities and services;
(5) Provide assistance to individuals affected by potential misconduct, excessive force, or violations of law or detention standards by Department of Homeland Security officers or other personnel, or contracted, subcontracted, or cooperating entity personnel; and
(6) Ensure that the functions performed by the Ombudsman are complementary to existing functions within the Department of Homeland Security.
(c) Access to detention facilities
(d) Coordination with department components
(1) In general
(2) Access to information
(e) Annual report
(Pub. L. 107–296, title IV, § 405, as added Pub. L. 116–93, div. D, title I, § 106(a), Dec. 20, 2019, 133 Stat. 2504.)