6 U.S.C. § 1151 — Definitions

Page 464 TITLE 6—DOMESTIC SECURITY § 1144 1 So in original. ‘‘In this section,’’ probably should not appear. migration status checks, or other background checks of covered individuals. (h) Statutory construction Nothing in this section shall be construed to affect the process for review established under section 70105(c) of title 46, including regulations issued pursuant to such section. (Pub. L. 110–53, title XIV, § 1414, Aug. 3, 2007, 121 Stat. 419.) § 1144. Limitation on fines and civil penalties (a) Inspectors Surface transportation inspectors shall be pro- hibited from issuing fines to public transpor- tation agencies for violations of the Depart- ment’s regulations or orders except through the process described in subsection (b). (b) Civil penalties The Secretary shall be prohibited from assess- ing civil penalties against public transportation agencies for violations of the Department’s reg- ulations or orders, except in accordance with the following: (1) In the case of a public transportation agency that is found to be in violation of a regulation or order issued by the Secretary, the Secretary shall seek correction of the vio- lation through a written notice to the public transportation agency and shall give the pub- lic transportation agency reasonable oppor- tunity to correct the violation or propose an alternative means of compliance acceptable to the Secretary. (2) If the public transportation agency does not correct the violation or propose an alter- native means of compliance acceptable to the Secretary within a reasonable time period that is specified in the written notice, the Sec- retary may take any action authorized in sec- tion 114 of title 49. (c) Limitation on Secretary The Secretary shall not initiate civil enforce- ment actions for violations of administrative and procedural requirements pertaining to the application for and expenditure of funds awarded under transportation security grant programs under this subchapter. (Pub. L. 110–53, title XIV, § 1415, Aug. 3, 2007, 121 Stat. 422.) SUBCHAPTER IV—SURFACE TRANSPORTATION SECURITY PART A—GENERAL PROVISIONS § 1151. Definitions In this subchapter, the following definitions apply: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means the Committee on Commerce, Science, and Transportation and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate and the Com- mittee on Homeland Security and the Com- mittee 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 Depart- ment 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,1 the term ‘‘over-the-road bus frontline employees’’ means over-the-road bus drivers, security personnel, dispatchers, main- tenance and maintenance support personnel, ticket agents, other terminal employees, and other employees of an over-the-road bus oper- ator 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, dis- patchers, locomotive engineers, conductors, trainmen, other onboard employees, mainte- nance and maintenance support personnel, bridge tenders, and any other employees of railroad carriers that the Secretary deter- mines should receive security training under this subchapter. (7) Railroad The term ‘‘railroad’’ has the meaning that term has in section 20102 of title 49. (8) Railroad carrier The term ‘‘railroad carrier’’ has the meaning that term has in section 20102 of title 49. (9) State The term ‘‘State’’ means any one of the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Is- lands, Guam, American Samoa, and any other territory or possession of the United States. (10) Terrorism The term ‘‘terrorism’’ has the meaning that term has in section 101 of this title. (11) Transportation The term ‘‘transportation’’, as used with re- spect to an over-the-road bus, means the movement of passengers or property by an over-the-road bus— (A) in the jurisdiction of the United States between a place in a State and a place out- side the State (including a place outside the United States); or (B) in a State that affects trade, traffic, and transportation described in subpara- graph (A). (12) United States The term ‘‘United States’’ means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Is- lands, Guam, American Samoa, and any other territory or possession of the United States. 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