Page:United States Statutes at Large Volume 121.djvu/428

 PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 407

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provided that this expense totals no more than 10 percent of the total grant funds received by a public transportation agency in any 1 year; and (H) other operational security costs determined appropriate by the Secretary, excluding routine, ongoing personnel costs, other than those set forth in this section. (c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.— In carrying out the responsibilities under subsection (a), the Secretary shall— (1) determine the requirements for recipients of grants under this section, including application requirements; (2) pursuant to subsection (a)(2), select the recipients of grants based solely on risk; and (3) pursuant to subsection (b), establish the priorities for which grant funds may be used under this section. (d) DISTRIBUTION OF GRANTS.—Not later than 90 days after the date of enactment of this Act, the Secretary and the Secretary of Transportation shall determine the most effective and efficient way to distribute grant funds to the recipients of grants determined by the Secretary under subsection (a). Subject to the determination made by the Secretaries, the Secretary may transfer funds to the Secretary of Transportation for the purposes of disbursing funds to the grant recipient. (e) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as otherwise specifically provided in this section, a grant provided under this section shall be subject to the terms and conditions applicable to a grant made under section 5307 of title 49, United States Code, as in effect on January 1, 2007, and such other terms and conditions as are determined necessary by the Secretary. (f) LIMITATION ON USES OF FUNDS.—Grants made under this section may not be used to make any State or local government cost-sharing contribution under any other Federal law. (g) ANNUAL REPORTS.—Each recipient of a grant under this section shall report annually to the Secretary on the use of the grant funds. (h) GUIDELINES.—Before distribution of funds to recipients of grants, the Secretary shall issue guidelines to ensure that, to the extent that recipients of grants under this section use contractors or subcontractors, such recipients shall use small, minority, womenowned, or disadvantaged business concerns as contractors or subcontractors to the extent practicable. (i) COORDINATION WITH STATE HOMELAND SECURITY PLANS.— In establishing security improvement priorities under section 1405 and in awarding grants for capital security improvements and operational security improvements under subsection (b), the Secretary shall act consistently with relevant State homeland security plans. (j) MULTISTATE TRANSPORTATION SYSTEMS.—In cases in which a public transportation system operates in more than one State, the Secretary shall give appropriate consideration to the risks of the entire system, including those portions of the States into which the system crosses, in establishing security improvement priorities under section 1405 and in awarding grants for capital security improvements and operational security improvements under subsection (b). (k) CONGRESSIONAL NOTIFICATION.—Not later than 3 days before the award of any grant under this section, the Secretary

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