6 U.S.C. § 1139 — Information sharing

Page 458 TITLE 6—DOMESTIC SECURITY § 1139 1 See References in Text note below. and demonstrate technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems. (c) Use of funds Grants or contracts awarded under subsection (a)— (1) shall be coordinated with activities of the Homeland Security Advanced Research Projects Agency; and (2) may be used to— (A) research chemical, biological, radio- logical, or explosive detection systems that do not significantly impede passenger ac- cess; (B) research imaging technologies; (C) conduct product evaluations and test- ing; (D) improve security and redundancy for critical communications, electrical power, and computer and train control systems; (E) develop technologies for securing tun- nels, transit bridges and aerial structures; (F) research technologies that mitigate damages in the event of a cyber attack; and (G) research other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks. (d) Privacy and civil rights and civil liberties issues (1) Consultation In carrying out research and development projects under this section, the Secretary shall consult with the Chief Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, as appropriate, and in accordance with section 142 of this title. (2) Privacy impact assessments In accordance with sections 142 and 345 of this title, the Chief Privacy Officer shall con- duct privacy impact assessments and the Offi- cer for Civil Rights and Civil Liberties shall conduct reviews, as appropriate, for research and development initiatives developed under this section. (e) Reporting requirement Each entity that is awarded a grant or con- tract under this section shall report annually to the Department on the use of grant or contract funds received under this section to ensure that the awards made are expended in accordance with the purposes of this subchapter and the pri- orities developed by the Secretary. (f) Coordination The Secretary shall ensure that the research is consistent with the priorities established in the National Strategy for Public Transportation Security and is coordinated, to the extent prac- ticable, with other Federal, State, local, tribal, and private sector public transportation, rail- road, commuter railroad, and over-the-road bus research initiatives to leverage resources and avoid unnecessary duplicative efforts. (g) Return of misspent grant or contract funds If the Secretary determines that a grantee or contractor used any portion of the grant or con- tract funds received under this section for a pur- pose other than the allowable uses specified under subsection (c), the grantee or contractor shall return any amount so used to the Treasury of the United States. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary to make grants under this section— (1) such sums as necessary for fiscal year 2007; (2) $25,000,000 for fiscal year 2008; (3) $25,000,000 for fiscal year 2009; (4) $25,000,000 for fiscal year 2010; and (5) $25,000,000 for fiscal year 2011. (Pub. L. 110–53, title XIV, § 1409, Aug. 3, 2007, 121 Stat. 411.) § 1139. Information sharing (a) Intelligence sharing The Secretary shall ensure that the Depart- ment of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States. (b) Information Sharing and Analysis Center (1) Authorization The Secretary shall provide for the reason- able costs of the Information Sharing and Analysis Center for Public Transportation (re- ferred to in this subsection as the ‘‘ISAC’’). (2) Participation The Secretary— (A) shall require public transportation agencies that the Secretary determines to be at high risk of terrorist attack to partici- pate in the ISAC; (B) shall encourage all other public trans- portation agencies to participate in the ISAC; (C) shall encourage the participation of nonprofit employee labor organizations rep- resenting public transportation employees, as appropriate; and (D) shall not charge a fee for participating in the ISAC. (c) Report The Comptroller General shall report, not less than 3 years after August 3, 2007, to the appro- priate congressional committees, as to the value and efficacy of the ISAC along with any other public transportation information-sharing pro- grams ongoing at the Department. The report shall include an analysis of the user satisfaction of public transportation agencies on the state of information-sharing and the value that each system provides the user, the costs and benefits of all centers and programs, the coordination among centers and programs, how each center or program contributes to implementing the infor- mation sharing plan under section 1203,1 and analysis of the extent to which the ISAC is du- plicative with the Department’s information- sharing program. (d) Authorization (1) In general There are authorized to be appropriated to the Secretary to carry out this section— Page 459 TITLE 6—DOMESTIC SECURITY § 1142 (A) $600,000 for fiscal year 2008; (B) $600,000 for fiscal year 2009; (C) $600,000 for fiscal year 2010; and (D) such sums as may be necessary for 2011, provided the report required in sub- section (c) of this section has been sub- mitted to Congress. (2) Availability of funds Such sums shall remain available until ex- pended. (Pub. L. 110–53, title XIV, § 1410, Aug. 3, 2007, 121 Stat. 412.) Editorial Notes REFERENCES IN TEXT Section 1203, referred to in subsec. (c), is section 1203 of title XII of Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 383, which amended section 114 of Title 49, Transportation, and enacted provisions set out as a note under section 114 of Title 49. § 1140. Threat assessments Not later than 1 year after August 3, 2007, the Secretary shall complete a name-based security background check against the consolidated ter- rorist watchlist and an immigration status check for all public transportation frontline em- ployees, similar to the threat assessment screening program required for facility employ- ees and longshoremen by the Commandant of the Coast Guard under Coast Guard Notice USCG–2006–24189 (71 Fed. Reg. 25066 (April 8, 2006)). (Pub. L. 110–53, title XIV, § 1411, Aug. 3, 2007, 121 Stat. 413.) § 1141. Reporting requirements (a) Annual report to Congress (1) In general Not later than March 31 of each year, the Secretary shall submit a report, containing the information described in paragraph (2), to the appropriate congressional committees. (2) Contents The report submitted under paragraph (1) shall include— (A) a description of the implementation of the provisions of this subchapter; (B) the amount of funds appropriated to carry out the provisions of this subchapter that have not been expended or obligated; (C) the National Strategy for Public Transportation Security required under sec- tion 1133 of this title; (D) an estimate of the cost to implement the National Strategy for Public Transpor- tation Security which shall break out the aggregated total cost of needed capital and operational security improvements for fiscal years 2008–2018; and (E) the state of public transportation secu- rity in the United States, which shall in- clude detailing the status of security assess- ments, the progress being made around the country in developing prioritized lists of se- curity improvements necessary to make public transportation facilities and pas- sengers more secure, the progress being made by agencies in developing security plans and how those plans differ from the se- curity assessments and a prioritized list of security improvements being compiled by other agencies, as well as a random sample of an equal number of large- and small-scale projects currently underway. (3) Format The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is ap- propriate or necessary. (b) Annual report to Governors (1) In general Not later than March 31 of each year, the Secretary shall submit a report to the Gov- ernor of each State with a public transpor- tation agency that has received a grant under this Act. (2) Contents The report submitted under paragraph (1) shall specify— (A) the amount of grant funds distributed to each such public transportation agency; and (B) the use of such grant funds. (Pub. L. 110–53, title XIV, § 1412, Aug. 3, 2007, 121 Stat. 413.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b)(1), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266, known as the Imple- menting Recommendations of the 9/11 Commission Act of 2007, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of this title and Tables. § 1142. Public transportation employee protec- tions (a) In general A public transportation agency, a contractor or a subcontractor of such agency, or an officer or employee of such agency, shall not discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such dis- crimination is due, in whole or in part, to the employee’s lawful, good faith act done, or per- ceived by the employer to have been done or about to be done— (1) to provide information, directly cause in- formation to be provided, or otherwise di- rectly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to public transportation safety or security, or fraud, waste, or abuse of Federal grants or other pub- lic funds intended to be used for public trans- portation safety or security, if the informa- tion or assistance is provided to or an inves- tigation stemming from the provided informa- tion is conducted by— (A) a Federal, State, or local regulatory or law enforcement agency (including an office