§1113 — Title 6 Domestic Security | U.S. Code

Summary

The Secretary of Homeland Security, through the head of the Transportation Security Administration (TSA), can hire and train surface transportation security inspectors. These inspectors must help carriers, operators, owners, and facilities make surface transportation safer and help enforce transportation security rules. The Secretary will give inspectors the powers and duties needed and must make sure they have relevant transportation and inspection experience. Inspectors may not directly fine public transportation agencies. Before any civil penalty is used against a public transit agency, the Secretary must send a written notice, give a reasonable time to fix the problem or offer an acceptable alternative, and only then may take enforcement steps allowed by section 114 of title 49. The Secretary also may not start civil enforcement over paperwork or grant spending rules for transportation security grants. The law limits how many inspectors may be hired: 100 in fiscal year 2007, 150 in 2008, 175 in 2009, and 200 in 2010 and 2011. The inspectors’ work must match risk assessments, required modal plans, the DHS–DOT Memorandum of Understanding dated September 28, 2004 (and its annexes), and other security strategy documents. The Secretary must consult regularly with the transportation groups that could be inspected (for example, railroads, buses, motor carriers, public transit, highway and pipeline owners) about duties and security improvements. The DHS Inspector General must report to Congress by September 30, 2008 on inspectors’ performance, whether more are needed, and recommendations. The law authorizes these funding amounts: $11,400,000 for FY2007; $17,100,000 for FY2008; $19,950,000 for FY2009; $22,800,000 for FY2010; and $22,800,000 for FY2011.

Title 6, §1113

Domestic Security — Source: USLM XML via OLRC

(a)The Secretary, acting through the Administrator of the Transportation Security Administration, is authorized to train, employ, and utilize surface transportation security inspectors.

(b)The Secretary shall use surface transportation security inspectors to assist surface transportation carriers, operators, owners, entities, and facilities to enhance their security against terrorist attack and other security threats and to assist the Secretary in enforcing applicable surface transportation security regulations and directives.

(c)Surface transportation security inspectors employed pursuant to this section shall be authorized such powers and delegated such responsibilities as the Secretary determines appropriate, subject to subsection (e).

(d)The Secretary shall require that surface transportation security inspectors have relevant transportation experience and other security and inspection qualifications, as determined appropriate.

(e)(1)Surface transportation inspectors shall be prohibited from issuing fines to public transportation agencies, as defined in subchapter III, for violations of the Department’s regulations or orders except through the process described in paragraph (2).

(2)The Secretary shall be prohibited from assessing civil penalties against public transportation agencies, as defined in subchapter III, for violations of the Department’s regulations or orders, except in accordance with the following:

(A)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.

(B)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.

(3)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 Act.

(f)The Secretary shall employ up to a total of—

(1)100 surface transportation security inspectors in fiscal year 2007;

(2)150 surface transportation security inspectors in fiscal year 2008;

(3)175 surface transportation security inspectors in fiscal year 2009; and

(4)200 surface transportation security inspectors in fiscal years 2010 and 2011.

(g)The Secretary shall ensure that the mission of the surface transportation security inspectors is consistent with any relevant risk assessments required by this Act or completed by the Department, the modal plans required under section 114(t) 11 See References in Text note below. of title 49, the Memorandum of Understanding between the Department and the Department of Transportation on Roles and Responsibilities, dated September 28, 2004, and any and all subsequent annexes to this Memorandum of Understanding, and other relevant documents setting forth the Department’s transportation security strategy, as appropriate.

(h)The Secretary shall periodically consult with the surface transportation entities which are or may be inspected by the surface transportation security inspectors, including, as appropriate, railroad carriers, over-the-road bus operators and terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, and pipeline operators on—

(1)the inspectors’ duties, responsibilities, authorities, and mission; and

(2)strategies to improve transportation security and to ensure compliance with transportation security requirements.

(i)Not later than September 30, 2008, the Department of Homeland Security Inspector General shall transmit a report to the appropriate congressional committees on the performance and effectiveness of surface transportation security inspectors, whether there is a need for additional inspectors, and other recommendations.

(j)There are authorized to be appropriated to the Secretary to carry out this section—

(1)$11,400,000 for fiscal year 2007;

(2)$17,100,000 for fiscal year 2008;

(3)$19,950,000 for fiscal year 2009;

(4)$22,800,000 for fiscal year 2010; and

(5)$22,800,000 for fiscal year 2011.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (e)(3) and (g), 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. section 114(t) of title 49, referred to in subsec. (g), was redesignated section 114(s) of title 49 by Pub. L. 110–161, div. E, title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092.

§1113 Surface transportation security inspectors