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6 U.S.C. § 1152 — Oversight and grant procedures

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1152 — Oversight and grant procedures

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Source file: Laws/federal/codes/united-states-code/title-6/section-1152-oversight-and-grant-procedures--54b012eeb1.md
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Source location: Title 6, Chapter 4, § 1152; chapter-004-transportation-security.md

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**(a) Secretarial oversight** The Secretary, in coordination with 11 So in original. The word “the” probably should appear. Secretary of Transportation for grants awarded to Amtrak, shall establish necessary procedures, including monitoring and audits, to ensure that grants made under this subchapter are expended in accordance with the purposes of this subchapter and the priorities and other criteria developed by the Secretary. **(b) Additional audits and reviews** The Secretary, and the Secretary of Transportation for grants awarded to Amtrak, may award contracts to undertake additional audits and reviews of the safety, security, procurement, management, and financial compliance of a recipient of amounts under this subchapter. **(c) Procedures for grant award** Not later than 180 days after August 3, 2007, the Secretary shall prescribe procedures and schedules for the awarding of grants under this subchapter, including application and qualification procedures, and a record of decision on applicant eligibility. The procedures shall include the execution of a grant agreement between the grant recipient and the Secretary and shall be consistent, to the extent practicable, with the grant procedures established under section 70107(i) and (j) of title 46. **(d) Additional authority** (1) **Issuance** — The Secretary may issue non-binding letters of intent to recipients of a grant under this subchapter, to commit funding from future budget authority of an amount, not more than the Federal Government’s share of the project’s cost, for a capital improvement project. (2) **Schedule** — The letter of intent under this subsection shall establish a schedule under which the Secretary will reimburse the recipient for the Government’s share of the project’s costs, as amounts become available, if the recipient, after the Secretary issues that letter, carries out the project without receiving amounts under a grant issued under this subchapter. (3) **Notice to Secretary** — A recipient that has been issued a letter of intent under this section shall notify the Secretary of the recipient’s intent to carry out a project before the project begins. (4) **Notice to Congress** — The Secretary shall transmit to the appropriate congressional committees a written notification at least 5 days before the issuance of a letter of intent under this subsection. (5) **Limitations** — A letter of intent issued under this subsection is not an obligation of the Federal Government under [section 1501 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1501&num=0&edition=prelim), and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws. **(e) Return of misspent grant funds** As part of the grant agreement under subsection (c), the Secretary shall require grant applicants to return any misspent grant funds received under this subchapter that the Secretary considers to have been spent for a purpose other than those specified in the grant award. The Secretary shall take all necessary actions to recover such funds. **(f) Congressional notification** Not later than 5 days before the award of any grant is made under this subchapter, the Secretary shall notify the appropriate congressional committees of the intent to award such grant. **(g) Guidelines** The Secretary shall ensure, to the extent practicable, that grant recipients under this subchapter who use contractors or subcontractors use small, minority, women-owned, or disadvantaged business concerns as contractors or subcontractors when appropriate.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1501 — Documentary evidence requirement for Government obligations

**(a)** An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of— (1) a binding agreement between an agency and another person (including an agency) that is— (A) in writing, in a way and form, and for a purpose authorized by law; and (B) executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided; (2) a loan agreement showing the amount and terms of repayment; (3) an order required by law to be placed with an agency; (4) an order issued under a law authorizing purchases without advertising— (A) when necessary because of a public exigency; (B) for perishable subsistence supplies; or (C) within specific monetary limits; (5) a grant or subsidy payable— (A) from appropriations made for payment of, or contributions to, amounts required to be paid in specific amounts fixed by law or under formulas prescribed by law; (B) under an agreement authorized by law; or (C) under plans approved consistent with and authorized by law; (6) a liability that may result from pending litigation; (7) employment or services of persons or expenses of travel under law; (8) services provided by public utilities; or (9) other legal liability of the Government against an available appropriation or fund. **(b)** A statement of obligations provided to Congress or a committee of Congress by an agency shall include only those amounts that are obligations consistent with subsection (a) of this section.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1151 — Definitions

In this subchapter, the following definitions apply: (1) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives. (2) **Secretary** — The term “Secretary” means the Secretary of Homeland Security. (3) **Department** — The term “Department” means the Department of Homeland Security. (4) **Over-the-road bus** — The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment. (5) **Over-the-road bus frontline employees** — In this section,11 So in original. “In this section,” probably should not appear. the term “over-the-road bus frontline employees” means over-the-road bus drivers, security personnel, dispatchers, maintenance and maintenance support personnel, ticket agents, other terminal employees, and other employees of an over-the-road bus operator or terminal owner or operator that the Secretary determines should receive security training under this subchapter. (6) **Railroad frontline employees** — In this section,1 the term “railroad frontline employees” means security personnel, dispatchers, locomotive engineers, conductors, trainmen, other onboard employees, maintenance and maintenance support personnel, bridge tenders, and any other employees of railroad carriers that the Secretary determines should receive security training under this subchapter. (7) **Railroad** — The term “railroad” has the meaning that term has in [section 20102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1152 — Oversight and grant procedures

Page 465 TITLE 6—DOMESTIC SECURITY § 1152 2 So in original. Probably should be ‘‘part 124,’’. 1 So in original. The word ‘‘the’’ probably should appear. (13) Security-sensitive material The term ‘‘security-sensitive material’’ means a material, or a group or class of mate- rial, in a particular amount and form that the Secretary, in consultation with the Secretary of Transportation, determines, through a rule- making with opportunity for public comment, poses a significant risk to national security while being transported in commerce due to the potential use of the material in an act of terrorism. In making such a designation, the Secretary shall, at a minimum, consider the following: (A) Class 7 radioactive materials. (B) Division 1.1, 1.2, or 1.3 explosives. (C) Materials poisonous or toxic by inhala- tion, including Division 2.3 gases and Divi- sion 6.1 materials. (D) A select agent or toxin regulated by the Centers for Disease Control and Preven- tion under part 73 of title 42, Code of Federal Regulations. (14) Disadvantaged business concerns The term ‘‘disadvantaged business concerns’’ means small businesses that are owned and controlled by socially and economically dis- advantaged individuals as defined in section 124,2 of title 13, Code of Federal Regulations. (15) Amtrak The term ‘‘Amtrak’’ means the National Railroad Passenger Corporation. (Pub. L. 110–53, title XV, § 1501, Aug. 3, 2007, 121 Stat. 422.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title XV of Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 422, which enacted this sub- chapter, amended section 1992 of Title 18, Crimes and Criminal Procedure, and sections 114, 5103a, 14504, 20106, 20109, 24301, 2

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