dreamproit/uscode huggingface dataset:
6 U.S.C. § 1136 (DOMESTIC SECURITY)
§ 1136. Security exercises
(a) In general
The Secretary shall establish a program for conducting security exercises for public transportation agencies for the purpose of assessing and improving the capabilities of entities described in subsection (b) to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism.
(b) Covered entities
Entities to be assessed under the program shall include—
(1) Federal, State, and local agencies and tribal governments;
(2) public transportation agencies;
(3) governmental and nongovernmental emergency response providers and law enforcement personnel, including transit police; and
(4) any other organization or entity that the Secretary determines appropriate.
(c) Requirements
The Secretary shall ensure that the program—
(1) requires, for public transportation agencies which the Secretary deems appropriate, exercises to be conducted that are—
(A) scaled and tailored to the needs of specific public transportation systems, and include taking into account the needs of the elderly and individuals with disabilities;
(B) live;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences;
(E) inclusive, as appropriate, of frontline employees and managers; and
(F) consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such national initiatives;
(2) provides that exercises described in paragraph (1) will be—
(A) evaluated by the Secretary against clear and consistent performance measures;
(B) assessed by the Secretary to learn best practices, which shall be shared with appropriate Federal, State, local, and tribal officials, governmental and nongovernmental emergency response providers, law enforcement personnel, including railroad and transit police, and appropriate stakeholders; and
(C) followed by remedial action by covered entities in response to lessons learned;
(3) involves individuals in neighborhoods around the infrastructure of a public transportation system; and
(4) assists State, local, and tribal governments and public transportation agencies in designing, implementing, and evaluating exercises that conform to the requirements of paragraph (2).
(d) National Exercise Program
The Secretary shall ensure that the exercise program developed under subsection (a) is a component of the National Exercise Program established under section 748 of this title.
(e) Ferry system exemption
This section does not apply to any ferry system for which drills are required to be conducted pursuant to section 70103 of title 46.
(Pub. L. 110–53, title XIV, § 1407, Aug. 3, 2007, 121 Stat. 408.)
6 U.S.C. § 1139 (DOMESTIC SECURITY)
§ 1139. Information sharing
(a) Intelligence sharing
The Secretary shall ensure that the Department 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 reasonable costs of the Information Sharing and Analysis Center for Public Transportation (referred 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 participate in the ISAC;
(B) shall encourage all other public transportation agencies to participate in the ISAC;
(C) shall encourage the participation of nonprofit employee labor organizations representing 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 appropriate congressional committees, as to the value and efficacy of the ISAC along with any other public transportation information-sharing programs 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 information sharing plan under section 1203,1 and analysis of the extent to which the ISAC is duplicative 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—
(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 subsection (c) of this section has been submitted to Congress.
(2) Availability of funds
Such sums shall remain available until expended.
(Pub. L. 110–53, title XIV, § 1410, Aug. 3, 2007, 121 Stat. 412.)
heading: References in Text
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.
6 U.S.C. § 1140 (DOMESTIC SECURITY)
§ 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 terrorist watchlist and an immigration status check for all public transportation frontline employees, similar to the threat assessment screening program required for facility employees 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.)
6 U.S.C. § 1141 (DOMESTIC SECURITY)
§ 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 section 1133 of this title;
(D) an estimate of the cost to implement the National Strategy for Public Transportation 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 security in the United States, which shall include detailing the status of security assessments, the progress being made around the country in developing prioritized lists of security improvements necessary to make public transportation facilities and passengers more secure, the progress being made by agencies in developing security plans and how those plans differ from the security 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 appropriate 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 Governor of each State with a public transportation 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.)
heading: References in Text
text: This Act, referred to in subsec. (b)(1), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266, known as the Implementing 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.
6 U.S.C. § 1144 (DOMESTIC SECURITY)
§ 1144. Limitation on fines and civil penalties
(a) Inspectors
Surface transportation inspectors shall be prohibited from issuing fines to public transportation agencies for violations of the Department’s regulations or orders except through the process described in subsection (b).
(b) Civil penalties
The Secretary shall be prohibited from assessing civil penalties against public transportation agencies for violations of the Department’s regulations 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 violation through a written notice to the public transportation agency and shall give the public transportation agency reasonable opportunity 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 alternative means of compliance acceptable to the Secretary within a reasonable time period that is specified in the written notice, the Secretary may take any action authorized in section 114 of title 49.
(c) Limitation on Secretary
The Secretary shall not initiate civil enforcement 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.)
6 U.S.C. § 1153 (DOMESTIC SECURITY)
§ 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.)
6 U.S.C. § 1154 (DOMESTIC SECURITY)
§ 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 designed to increase awareness of measures that the general public, passengers, and employees of railroad carriers and over-the-road bus operators can take to increase the security of the national railroad and over-the-road bus transportation 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, ongoing research and development efforts, and available Federal funding sources to improve security. Not later than 9 months after August 3, 2007, the Secretary shall implement the plan developed under this section.
(Pub. L. 110–53, title XV, § 1504, Aug. 3, 2007, 121 Stat. 425.)
6 U.S.C. § 1166 (DOMESTIC SECURITY)
§ 1166. Railroad carrier exercises
(a) In general
The Secretary shall establish a program for conducting security exercises for railroad carriers for the purpose of assessing and improving the capabilities of entities described in subsection (b) to prevent, prepare for, mitigate, respond to, and recover from acts of terrorism.
(b) Covered entities
Entities to be assessed under the program shall include—
(1) Federal, State, and local agencies and tribal governments;
(2) railroad carriers;
(3) governmental and nongovernmental emergency response providers, law enforcement agencies, and railroad and transit police, as appropriate; and
(4) any other organization or entity that the Secretary determines appropriate.
(c) Requirements
The Secretary shall ensure that the program—
(1) consolidates existing security exercises for railroad carriers administered by the Department and the Department of Transportation, as jointly determined by the Secretary and the Secretary of Transportation, unless the Secretary waives this consolidation requirement as appropriate;
(2) consists of exercises that are—
(A) scaled and tailored to the needs of the carrier, including addressing the needs of the elderly and individuals with disabilities;
(B) live, in the case of the most at-risk facilities to a terrorist attack;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences;
(E) inclusive, as appropriate, of railroad frontline employees; and
(F) consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such national initiatives;
(3) provides that exercises described in paragraph (2) will be—
(A) evaluated by the Secretary against clear and consistent performance measures;
(B) assessed by the Secretary to identify best practices, which shall be shared, as appropriate, with railroad carriers, nonprofit employee organizations that represent railroad carrier employees, Federal, State, local, and tribal officials, governmental and nongovernmental emergency response providers, law enforcement personnel, including railroad carrier and transit police, and other stakeholders; and
(C) used to develop recommendations, as appropriate, from the Secretary to railroad carriers on remedial action to be taken in response to lessons learned;
(4) allows for proper advanced notification of communities and local governments in which exercises are held, as appropriate; and
(5) assists State, local, and tribal governments and railroad carriers in designing, implementing, and evaluating additional exercises that conform to the requirements of paragraph (1).
(d) National Exercise Program
The Secretary shall ensure that the exercise program developed under subsection (c) is a component of the National Exercise Program established under section 748 of this title.
(Pub. L. 110–53, title XV, § 1516, Aug. 3, 2007, 121 Stat. 438.)
6 U.S.C. § 1171 (DOMESTIC SECURITY)
§ 1171. International railroad security program
(a) In general
(1) The Secretary shall develop a system to detect both undeclared passengers and contraband, with a primary focus on the detection of nuclear and radiological materials entering the United States by railroad.
(2) System requirements.—
In developing the system under paragraph (1), the Secretary may, in consultation with the Domestic Nuclear Detection Office, Customs and Border Protection, and the Transportation Security Administration—
(A) deploy radiation detection equipment and nonintrusive imaging equipment at locations where railroad shipments cross an international border to enter the United States;
(B) consider the integration of radiation detection technologies with other nonintrusive inspection technologies where feasible;
(C) ensure appropriate training, operations, and response protocols are established for Federal, State, and local personnel;
(D) implement alternative procedures to check railroad shipments at locations where the deployment of nonintrusive inspection imaging equipment is determined to not be practicable;
(E) ensure, to the extent practicable, that such technologies deployed can detect terrorists or weapons, including weapons of mass destruction; and
(F) take other actions, as appropriate, to develop the system.
(b) Additional information
The Secretary shall—
(1) identify and seek the submission of additional data elements for improved high-risk targeting related to the movement of cargo through the international supply chain utilizing a railroad prior to importation into the United States;
(2) utilize data collected and maintained by the Secretary of Transportation in the targeting of high-risk cargo identified under paragraph (1); and
(3) analyze the data provided in this subsection to identify high-risk cargo for inspection.
(c) Report to Congress
Not later than September 30, 2008, the Secretary shall transmit to the appropriate congressional committees a report that describes the progress of the system being developed under subsection (a).
(d) Definitions
In this section:
(1) International supply chain
The term “international supply chain” means the end-to-end process for shipping goods to or from the United States, beginning at the point of origin (including manufacturer, supplier, or vendor) through a point of distribution to the destination.
(2) Radiation detection equipment
The term “radiation detection equipment” means any technology that is capable of detecting or identifying nuclear and radiological material or nuclear and radiological explosive devices.
(3) Inspection
The term “inspection” means the comprehensive process used by Customs and Border Protection to assess goods entering the United States to appraise them for duty purposes, to detect the presence of restricted or prohibited items, and to ensure compliance with all applicable laws.
(Pub. L. 110–53, title XV, § 1524, Aug. 3, 2007, 121 Stat. 451.)
6 U.S.C. § 1172 (DOMESTIC SECURITY)
§ 1172. Railroad security enhancements; Model State legislation
Not later than November 2, 2007, the Secretary of Transportation shall develop and make available to States model legislation to address the problem of entities that claim to be railroad carriers in order to establish and run a police force when the entities do not in fact provide railroad transportation. In developing the model State legislation the Secretary shall solicit the input of the States, railroads carriers, and railroad carrier employees. The Secretary shall review and, if necessary, revise such model State legislation periodically.
(Pub. L. 110–53, title XV, § 1526(b), Aug. 3, 2007, 121 Stat. 452.)
6 U.S.C. § 1186 (DOMESTIC SECURITY)
§ 1186. Memorandum of Understanding annex
Not later than 1 year after August 3, 2007, the Secretary of Transportation and the Secretary shall execute and develop an annex to the Memorandum of Understanding between the two departments signed on September 28, 2004, governing the specific roles, delineations of responsibilities, resources, and commitments of the Department of Transportation and the Department of Homeland Security, respectively, in addressing motor carrier transportation security matters, including over-the-road bus security matters, and shall cover the processes the Departments will follow to promote communications, efficiency, and nonduplication of effort.
(Pub. L. 110–53, title XV, § 1541, Aug. 3, 2007, 121 Stat. 469.)
6 U.S.C. § 1202 (DOMESTIC SECURITY)
§ 1202. Railroad security-sensitive material tracking
(a) Communications
(1) In general
In conjunction with the research and development program established under section 1168 of this title and consistent with the results of research relating to wireless and other tracking technologies, the Secretary, in consultation with the Administrator of the Transportation Security Administration, shall develop a program that will encourage the equipping of railroad cars transporting security-sensitive materials, as defined in section 1151 of this title, with technology that provides—
(A) car position location and tracking capabilities; and
(B) notification of railroad car depressurization, breach, unsafe temperature, or release of hazardous materials, as appropriate.
(2) Coordination
In developing the program required by paragraph (1), the Secretary shall—
(A) consult with the Secretary of Transportation to coordinate the program with any ongoing or planned efforts for railroad car tracking at the Department of Transportation; and
(B) ensure that the program is consistent with recommendations and findings of the Department of Homeland Security’s hazardous material railroad tank car tracking pilot programs.
(b) Funding
From the amounts appropriated pursuant to 114(w) of title 49, there shall be made available to the Secretary to carry out this section—
(1) $3,000,000 for fiscal year 2008;
(2) $3,000,000 for fiscal year 2009; and
(3) $3,000,000 for fiscal year 2010.
(Pub. L. 110–53, title XV, § 1552, Aug. 3, 2007, 121 Stat. 471.)
6 U.S.C. § 1205 (DOMESTIC SECURITY)
§ 1205. Hazardous materials security inspections and study
(a) In general
The Secretary of Transportation shall consult with the Secretary to limit, to the extent practicable, duplicative reviews of the hazardous materials security plans required under part 172, title 49, Code of Federal Regulations.
(b) Transportation costs study
Within 1 year after August 3, 2007, the Secretary of Transportation, in conjunction with the Secretary, shall study to what extent the insurance, security, and safety costs borne by railroad carriers, motor carriers, pipeline carriers, air carriers, and maritime carriers associated with the transportation of hazardous materials are reflected in the rates paid by offerors of such commodities as compared to the costs and rates, respectively, for the transportation of nonhazardous materials.
(Pub. L. 110–53, title XV, § 1555, Aug. 3, 2007, 121 Stat. 475.)
6 U.S.C. § 1206 (DOMESTIC SECURITY)
§ 1206. Use of transportation security card in hazmat licensing
(1) Background check
An individual who has a valid transportation employee identification card issued by the Secretary under section 70105 of title 46 shall be deemed to have met the background records check required under section 5103a of title 49.
(2) State review
Nothing in this section prevents or preempts a State from conducting a criminal records check of an individual that has applied for a license to operate a motor vehicle transporting in commerce a hazardous material.
(Pub. L. 110–53, title XV, § 1556(b), Aug. 3, 2007, 121 Stat. 475.)