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, 28101, and 31105 of Title 49, Transportation, enacted provisions set out as notes under sections 13908 and 14504 of Title 49, and amended provisions set out as a note under section 14504 of Title 49. For complete classification of title XV to the Code, see Tables. § 1152. Oversight and grant procedures (a) Secretarial oversight The Secretary, in coordination with 1 Sec- retary 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 sub- chapter and the priorities and other criteria de- veloped by the Secretary. (b) Additional audits and reviews The Secretary, and the Secretary of Transpor- tation for grants awarded to Amtrak, may award contracts to undertake additional audits and reviews of the safety, security, procure- ment, 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 qualifica- tion procedures, and a record of decision on ap- plicant 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 Sec- retary of the recipient’s intent to carry out a project before the project begins. (4) Notice to Congress The Secretary shall transmit to the appro- priate congressional committees a written no- tification at least 5 days before the issuance of a letter of intent under this subsection. (5) Limitations A letter of intent issued under this sub- section is not an obligation of the Federal Government under section 1501 of title 31, and the letter is not deemed to be an administra- tive 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 sub- section (c), the Secretary shall require grant ap- plicants to return any misspent grant funds re- ceived 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 re- cover such funds. (f) Congressional notification Not later than 5 days before the award of any grant is made under this subchapter, the Sec- retary shall notify the appropriate congres- sional committees of the intent to award such grant. (g) Guidelines The Secretary shall ensure, to the extent prac- ticable, that grant recipients under this sub- chapter who use contractors or subcontractors Page 466 TITLE 6—DOMESTIC SECURITY § 1153 use small, minority, women-owned, or disadvan- taged business concerns as contractors or sub- contractors when appropriate. (Pub. L. 110–53, title XV, § 1502, Aug. 3, 2007, 121 Stat. 424.) 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, which is classified principally to this subchapter. For complete classification of title XV to the Code, see Ref- erences in Text note under section 1151 of this title and Tables. § 1153. Authorization of appropriations There are authorized to be appropriated to the Secretary of Transportation to carry out section 1165 of this title— (1) $38,000,000 for fiscal year 2008; (2) $40,000,000 for fiscal year 2009; (3) $55,000,000 for fiscal year 2010; and (4) $70,000,000 for fiscal year 2011. (Pub. L. 110–53, title XV, § 1503(b), Aug. 3, 2007, 121 Stat. 425.) § 1154. Public awareness Not later than 180 days after August 3, 2007, the Secretary shall develop a national plan for railroad and over-the-road bus security public outreach and awareness. Such a plan shall be de- signed to increase awareness of measures that the general public, passengers, and employees of railroad carriers and over-the-road bus opera- tors can take to increase the security of the na- tional railroad and over-the-road bus transpor- tation systems. Such a plan shall also provide outreach to railroad carriers and over-the-road bus operators and their employees to improve their awareness of available technologies, ongo- ing research and development efforts, and avail- able Federal funding sources to improve secu- rity. Not later than 9 months after August 3, 2007, the Secretary shall implement the plan de- veloped under this section. (Pub. L. 110–53, title XV, § 1504, Aug. 3, 2007, 121 Stat. 425.) § 1155. Security awareness program (a) Establishment The Administrator shall establish a program to promote surface transportation security through the training of surface transportation operators and frontline employees on each of the skills identified in subsection (c). (b) Application The program established under subsection (a) shall apply to all modes of surface transpor- tation, including public transportation, rail, highway, motor carrier, and pipeline. (c) Training The program established under subsection (a) shall cover, at a minimum, the skills necessary to recognize, assess, and respond to suspicious items or actions that could indicate a threat to transportation. (d) Assessment (1) In general The Administrator shall conduct an assess- ment of current training programs for surface transportation operators and frontline em- ployees. (2) Contents The assessment shall identify— (A) whether other training is being pro- vided, either voluntarily or in response to other Federal requirements; and (B) whether there are any gaps in existing training. (e) Updates The Administrator shall ensure the program established under subsection (a) is updated as necessary to address changes in risk and ter- rorist methods and to close any gaps identified in the assessment under subsection (d). (f) Suspicious activity reporting (1) In general The Secretary shall maintain a national telephone number for an individual to use to report suspicious activity under this section to the Administration. (2) Procedures The Administrator shall establish proce- dures for the Administration— (A) to review and follow-up, as necessary, on each report received under paragraph (1); and (B) to share, as necessary and in accord- ance with law, the report with appropriate Federal, State, local, and tribal entities. (3) Rule of construction Nothing in this section may be construed to— (A) replace or affect in any way the use of 9–1–1 services in an emergency; or (B) replace or affect in any way the secu- rity training program requirements specified in sections 1137, 1167, and 1184 of this title. (g) Definition of frontline employee In this section, the term ‘‘frontline employee’’ includes— (1) an employee of a public transportation agency who is a transit vehicle driver or oper- ator, dispatcher, maintenance and mainte- nance support employee, station attendant, customer service employee, security em- ployee, or transit police, or any other em- ployee who has direct contact with riders on a regular basis, and any other employee of a public transportation agency that the Admin- istrator determines should receive security training under this section or that is receiving security training under other law; (2) over-the-road bus drivers, security per- sonnel, dispatchers, maintenance and mainte- nance support personnel, ticket agents, other terminal employees, and other employees of an over-the-road bus operator or terminal owner or operator that the Administrator de- termines should receive security training under this section or that is receiving security training under other law; or