6 U.S.C. § 204 — Surface Transportation Security Advisory

Page 97 TITLE 6—DOMESTIC SECURITY § 204 the Commandant’s discretion and ability to deploy Coast Guard assets and personnel. ‘‘(j) SUNSET.—This section shall cease to be effective beginning on October 1, 2027. ‘‘(k) NO ADDITIONAL FUNDS.—No additional funds are authorized to be appropriated for the purpose of car- rying out this section. ‘‘(l) DEFINITIONS.—In this section: ‘‘(1) CENTER.—The term ‘Center’ means the Depart- ment of Homeland Security Northern Border Mission Center established pursuant to subsection (a). ‘‘(2) DEPARTMENT.—The term ‘Department’ means the Department of Homeland Security. ‘‘(3) NORTHERN BORDER.—The term ‘northern border’ means— ‘‘(A) the international border between the United States and Canada; and ‘‘(B) the maritime border between Alaska and the Russian Federation. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security.’’ PART A—BORDER, MARITIME, AND TRANSPOR- TATION SECURITY RESPONSIBILITIES AND FUNC- TIONS Editorial Notes CODIFICATION Pub. L. 114–125, title VIII, § 802(g)(1)(B)(ii)(I), Feb. 24, 2016, 130 Stat. 211, substituted ‘‘Border, Maritime, and Transportation Security Responsibilities and Func- tions’’ for ‘‘Under Secretary for Border and Transpor- tation Security’’ in part heading. § 201. Repealed. Pub. L. 114–125, title VIII, § 802(g)(2), Feb. 24, 2016, 130 Stat. 212 Section, Pub. L. 107–296, title IV, § 401, Nov. 25, 2002, 116 Stat. 2177, established the Directorate of Border and Transportation Security headed by an Under Secretary for Border and Transportation Security. § 202. Border, maritime, and transportation re- sponsibilities The Secretary shall be responsible for the fol- lowing: (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 enforce- ment functions vested by statute in, or per- formed by, the Commissioner of Immigration and Naturalization (or any officer, employee, or component of the Immigration and Natu- ralization Service) immediately before the date on which the transfer of functions speci- fied under section 251 of this title takes effect. (4) Establishing and administering rules, in accordance with section 236 of this title, gov- erning the granting of visas or other forms of permission, including parole, to enter the United States to individuals who are not a cit- izen or an alien lawfully admitted for perma- nent residence in the United States. (5) Establishing national immigration en- forcement policies and priorities. (6) Except as provided in part C of this sub- chapter, administering the customs laws of the United States. (7) Conducting the inspection and related ad- ministrative 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 responsibil- ities, ensuring the speedy, orderly, and effi- cient 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.) Editorial Notes REFERENCES IN TEXT Part C of this subchapter, referred to in par. (6), was in the original ‘‘subtitle C’’, meaning subtitle C (§ 421 et seq.) of title IV of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2182, which enacted part C (§ 231 et seq.) of this sub- chapter and amended sections 2279e and 2279f of Title 7, Agriculture, and sections 115, 44901, and 47106 of Title 49, Transportation. For complete classification of sub- title C to the Code, see Tables. The customs laws of the United States, referred to in par. (6), are classified generally to Title 19, Customs Duties. AMENDMENTS 2016—Pub. L. 114–125 substituted ‘‘Border, maritime, and transportation responsibilities’’ for ‘‘Responsibil- ities’’ in section catchline and struck out ‘‘, acting through the Under Secretary for Border and Transpor- tation Security,’’ after ‘‘The Secretary’’ in introduc- tory provisions. § 203. Functions transferred In accordance with subchapter XII (relating to transition provisions), there shall be transferred to the Secretary the functions, personnel, as- sets, and liabilities of— (1) the United States Customs Service of the Department of the Treasury, including the functions of the Secretary of the Treasury re- lating thereto; (2) the Transportation Security Administra- tion of the Department of Transportation, in- cluding 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 The Administrator of the Transportation Se- curity Administration (referred to in this sec- tion as ‘‘Administrator’’) shall establish within the Transportation Security Administration the Surface Transportation Security Advisory Com- mittee (referred to in this section as the ‘‘Advi- sory Committee’’). Page 98 TITLE 6—DOMESTIC SECURITY § 204 (b) Duties (1) In general The Advisory Committee may advise, con- sult with, report to, and make recommenda- tions to the Administrator on surface trans- portation security matters, including the de- velopment, 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 Ad- ministrator under paragraph (2); and (B) nonvoting members, serving in an advi- sory capacity, who shall be designated by— (i) the Transportation Security Adminis- tration; (ii) the Department of Transportation; (iii) the Coast Guard; and (iv) such other Federal department or agency as the Administrator considers ap- propriate. (2) Appointment The Administrator shall appoint voting members from among stakeholders rep- resenting each mode of surface transportation, such as passenger rail, freight rail, mass tran- sit, 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 re- sponders, 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 suc- cessor. (ii) Reappointment A voting member of the Advisory Com- mittee may be reappointed. (B) Removal (i) In general The Administrator may review the par- ticipation 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 sen- sitive 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 Advi- sory Committee to meet at least semiannu- ally 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 meet- ing. (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 sen- sitive information in accordance with law. (7) Voting member access to classified and sen- sitive 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 classi- fied information or sensitive security infor- mation, 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 sen- sitive security information under subpara- graph (A) and voluntarily signs a non- disclosure agreement, the voting member may be granted access to sensitive secu- Page 99 TITLE 6—DOMESTIC SECURITY § 204 1 See References in Text note below. rity 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 Regu- lations. (ii) Classified information Voting members shall protect classified information in accordance with the appli- cable 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 con- cern: (A) Aviation Security Advisory Committee established under section 44946 of title 49. (B) Maritime Security Advisory Com- mittee established under section 70112 of title 46. (C) Railroad Safety Advisory Committee established by the Federal Railroad Admin- istration. (9) Subject matter experts The Advisory Committee may request the assistance of subject matter experts with ex- pertise related to the jurisdiction of the Advi- sory Committee. (d) Reports (1) Periodic reports The Advisory Committee shall periodically submit reports to the Administrator on mat- ters requested by the Administrator or by a majority of the members of the Advisory Com- mittee. (2) Annual report (A) Submission The Advisory Committee shall submit to the Administrator and the appropriate con- gressional committees an annual report that provides information on the activities, find- ings, 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 Adminis- trator 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 infor- mation, advice, and recommendations of the Advisory Committee in formulating policies, programs, initiatives, rulemakings, and secu- rity directives pertaining to surface transpor- tation security. (2) Feedback Not later than 90 days after the date that the Administrator receives a recommendation from the Advisory Committee under sub- section (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 ac- tions that the Administrator has taken, will take, or recommends that the head of an- other Federal department or agency take to implement the recommendation; or (B) if the Administrator disagrees with the recommendation, a justification for that de- termination. (3) Notices Not later than 30 days after the date the Ad- ministrator 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 appli- cable; and (B) provide the appropriate congressional committees with a briefing upon request. (4) Updates Not later than 90 days after the date the Ad- ministrator receives a recommendation from the Advisory Committee under subsection (d)(2) that the Administrator agrees with, and quarterly thereafter until the recommenda- tion is fully implemented, the Administrator shall submit a report to the appropriate con- gressional 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 Com- mittee 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, Page 100 TITLE 6—DOMESTIC SECURITY § 205 which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially 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 pre- ceding 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 Ad- ministrator [of the Transportation Security Adminis- tration] shall appoint the voting members of the Sur- face Transportation Security Advisory Committee es- tablished 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 transpor- tation, as the Administrator considers appropriate, shall designate an appropriate representative to serve as a nonvoting member of the Surface Transportation Security Advisory Committee.’’ § 205. Ombudsman for immigration detention (a) In general Within the Department, there shall be a posi- tion of Immigration Detention Ombudsman (in this section referred to as the ‘‘Ombudsman’’). The Ombudsman shall be independent of Depart- ment agencies and officers and shall report di- rectly to the Secretary. The Ombudsman shall be a senior official with a background in civil rights enforcement, civil detention care and cus- tody, and immigration law. (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, in- cluding referral for investigation to the Office of the Inspector General, referral to U.S. Citi- zenship and Immigration Services for immi- gration relief, or any other action determined appropriate, for cases in which Department of- ficers or other personnel, or contracted, sub- contracted, or cooperating entity personnel, are found to have engaged in misconduct or violated the rights of individuals in immigra- tion detention; (2) Establish an accessible and standardized process regarding complaints against any offi- cer or employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any contracted, subcon- tracted, 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 de- tention facilities holding individuals in federal immigration custody, including those owned or operated by units of State or local govern- ment and privately-owned or operated facili- ties; (4) Review, examine, and make recommenda- tions to address concerns or violations of con- tract terms identified in reviews, audits, in- vestigations, 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 De- partment 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 exist- ing functions within the Department of Home- land Security. (c) Access to detention facilities The Ombudsman or designated personnel of the Ombudsman, shall be provided unfettered access to any location within each such deten- tion facility and shall be permitted confidential access to any detainee at the detainee’s request and any departmental records concerning such detainee. (d) Coordination with department components (1) In general The Director of U.S. Immigration and Cus- toms Enforcement and the Commissioner of U.S. Customs and Border Protection shall each establish procedures to provide formal re- sponses to recommendations submitted to such officials by the Ombudsman within 60 days of receiving such recommendations. (2) Access to information The Secretary shall establish procedures to provide the Ombudsman access to all depart- mental records necessary to execute the re- sponsibilities of the Ombudsman under sub- section (b) or (c) not later than 60 days after a request from the Ombudsman for such infor- mation. (e) Annual report The Ombudsman shall prepare a report to Con- gress on an annual basis on its activities, find- ings, and recommendations. (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.) PART B—U.S. CUSTOMS AND BORDER PROTECTION Editorial Notes CODIFICATION Pub. L. 114–125, title VIII, § 802(g)(1)(B)(iii)(I), Feb. 24, 2016, 130 Stat. 211, substituted ‘‘U.S. Customs and Bor- der Protection’’ for ‘‘United States Customs Service’’ in part heading. § 211. Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commis- sioner, and operational offices (a) In general There is established in the Department an agency to be known as U.S. Customs and Border Protection. (b) Commissioner of U.S. Customs and Border Protection (1) In general There shall be at the head of U.S. Customs and Border Protection a Commissioner of U.S.