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6 U.S.C. § 1135 — Public transportation security assistance

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1135 — Public transportation security assistance

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Stable record: federal_law:legal_authorities:record_usc_93fae49f808c15045e4ae8b1
Source file: Laws/federal/codes/united-states-code/title-6/section-1135-public-transportation-security-assistance--aa8678d665.md
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Source location: Title 6, Chapter 4, § 1135; chapter-004-transportation-security.md

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**(a) Security assistance program** (1) **In general** — The Secretary shall establish a program for making grants to eligible public transportation agencies for security improvements described in subsection (b). (2) **Eligibility** — A public transportation agency is eligible for a grant under this section if the Secretary has performed a security assessment or the agency has developed a security plan under [section 1134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1134&num=0&edition=prelim). Grant funds shall only be awarded for permissible uses under subsection (b) to— (A) address items included in a security assessment; or (B) further a security plan. **(b) Uses of funds** A recipient of a grant under subsection (a) shall use the grant funds for one or more of the following: (1) Capital uses of funds, including— (A) tunnel protection systems; (B) perimeter protection systems, including access control, installation of improved lighting, fencing, and barricades; (C) redundant critical operations control systems; (D) chemical, biological, radiological, or explosive detection systems, including the acquisition of canines used for such detection; (E) surveillance equipment; (F) communications equipment, including mobile service equipment to provide access to wireless Enhanced 911 (E911) emergency services in an underground fixed guideway system; (G) emergency response equipment, including personal protective equipment; (H) fire suppression and decontamination equipment; (I) global positioning or tracking and recovery equipment, and other automated-vehicle-locator-type system equipment; (J) evacuation improvements; (K) purchase and placement of bomb-resistant trash cans throughout public transportation facilities, including subway exits, entrances, and tunnels; (L) capital costs associated with security awareness, security preparedness, and security response training, including training under [section 1137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1137&num=0&edition=prelim) and exercises under [section 1136 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1136&num=0&edition=prelim); (M) security improvements for public transportation systems, including extensions thereto, in final design or under construction; (N) security improvements for stations and other public transportation infrastructure, including stations and other public transportation infrastructure owned by State or local governments; and (O) other capital security improvements determined appropriate by the Secretary. (2) Operating uses of funds, including— (A) security training and associated backfill, including training under [section 1137 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1137&num=0&edition=prelim) and training developed by institutions of higher education and by nonprofit employee labor organizations, for public transportation employees, including frontline employees; (B) live or simulated exercises under [section 1136 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1136&num=0&edition=prelim); (C) public awareness campaigns for enhanced public transportation security; (D) canine patrols for chemical, radiological, biological, or explosives detection; (E) development of security plans under [section 1134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1134&num=0&edition=prelim); (F) overtime reimbursement including reimbursement of State, local, and tribal governments, for costs for enhanced security personnel during significant national and international public events; (G) operational costs, including reimbursement of State, local, and tribal governments for costs for personnel assigned to full-time or part-time security or counterterrorism duties related to public transportation, 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 August 3, 2007, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5307&num=0&edition=prelim), 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, women-owned, 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 1134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1134&num=0&edition=prelim) 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 1134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1134&num=0&edition=prelim) 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 shall notify simultaneously, the appropriate congressional committees of the intent to award such grant. **(l) Return of misspent grant funds** The Secretary shall establish a process to require the return of any misspent grant funds received under this section determined to have been spent for a purpose other than those specified in the grant award. **(m) Periods of performance** (1) **In general** — Except as provided in paragraph (2), funds provided pursuant to a grant awarded under this section for a use specified in subsection (b) shall remain available for use by a grant recipient for a period of not fewer than 36 months. (2) **Exception** — Funds provided pursuant to a grant awarded under this section for a use specified in subparagraph (M) or (N) of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 48 months. **(n) Authorization of appropriations** (1) There are authorized to be appropriated to the Secretary to make grants under this section— (A) such sums as are necessary for fiscal year 2007; (B) $650,000,000 for fiscal year 2008, except that not more than 50 percent of such funds may be used for operational costs under subsection (b)(2); (C) $750,000,000 for fiscal year 2009, except that not more than 30 percent of such funds may be used for operational costs under subsection (b)(2); (D) $900,000,000 for fiscal year 2010, except that not more than 20 percent of such funds may be used for operational costs under subsection (b)(2); and (E) $1,100,000,000 for fiscal year 2011, except that not more than 10 percent of such funds may be used for operational costs under subsection (b)(2). (2) **Period of availability.—** — Sums appropriated to carry out this section shall remain available until expended. (3) **Waiver.—** — The Secretary may waive the limitation on operational costs specified in subparagraphs (B) through (E) of paragraph (1) if the Secretary determines that such a waiver is required in the interest of national security, and if the Secretary provides a written justification to the appropriate congressional committees prior to any such action. (4) **Effective date.—** — Funds provided for fiscal year 2007 transit security grants under Public Law 110–28 shall be allocated based on security assessments that are in existence as of August 3, 2007.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 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,

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 1136

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1137 — Public transportation security training program

**(a) In general** Not later than 90 days after August 3, 2007, the Secretary shall develop and issue detailed interim final regulations, and not later than 1 year after August 3, 2007, the Secretary shall develop and issue detailed final regulations, for a public transportation security training program to prepare public transportation employees, including frontline employees, for potential security threats and conditions. **(b) Consultation** The Secretary shall develop the interim final and final regulations under subsection (a) in consultation with— (1) appropriate law enforcement, fire service, security, and terrorism experts; (2) representatives of public transportation agencies; and (3) nonprofit employee labor organizations representing public transportation employees or emergency response personnel. **(c) Program elements** The interim final and final regulations developed under subsection (a) shall require security training programs to include, at a minimum, elements to address the following: (1) Determination of the seriousness of any occurrence or threat. (2) Crew and passenger communication and coordination. (3) Appropriate responses to defend oneself, including using nonlethal defense devices. (4) Use of personal protective devices and other protective equipment. (5) Evacuation procedures for passengers and employees, including individuals with disabilities and the elderly. (6) Training related to behavioral and psychological understanding of, and responses to, terrorist incidents, including the ability to cope with hijacker behavior, and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) Recognition and reporting of dangerous substances and suspicious p

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 1137

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5307 — Urbanized area formula grants

**(a) General Authority.—** (1) **Grants.—** — The Secretary may make grants under this section for— (A) capital projects; (B) planning; (C) job access and reverse commute projects; and (D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census. (2) The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census— (A) for public transportation systems that— (i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or (ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or (B) subject to paragraph (3), for public transportation systems that— (i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment allocated to such systems within the ur

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5307

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1134 — Security assessments and plans

**(a) Public transportation security assessments** (1) **Submission** — Not later than 30 days after August 3, 2007, the Administrator of the Federal Transit Administration of the Department of Transportation shall submit all public transportation security assessments and all other relevant information to the Secretary. (2) **Secretarial review** — Not later than 60 days after receiving the submission under paragraph (1), the Secretary shall review and augment the security assessments received, and conduct additional security assessments as necessary to ensure that at a minimum, all high risk public transportation agencies, as determined by the Secretary, will have a completed security assessment. (3) **Content** — The Secretary shall ensure that each completed security assessment includes— (A) identification of critical assets, infrastructure, and systems and their vulnerabilities; and (B) identification of any other security weaknesses, including weaknesses in emergency response planning and employee training. **(b) Bus and rural public transportation systems** Not later than 180 days after August 3, 2007, the Secretary shall— (1) conduct security assessments, based on a representative sample, to determine the specific needs of— (A) local bus-only public transportation systems; and (B) public transportation systems that receive funds under [section 5311 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5311&num=0&edition=prelim); and (2) make the representative assessments available for use by similarly situated systems. **(c) Security plans** (1) **Requirement for plan** (A) *High risk agencies* — The Secretary shall require public transportation agencies determined by the Secretary to be at high risk for

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 1134

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 1135 — Public transportation security assistance

Page 453 TITLE 6—DOMESTIC SECURITY § 1135 (B) require the public transportation agen- cy to make any amendments needed to en- sure that the plan meets the requirements of this section; and (C) approve any security plan that meets the requirements of this section. (4) Exemption The Secretary shall not require a public transportation agency to develop a security plan under paragraph (1) if the agency does not receive a grant under section 1135 of this title. (5) Waiver The Secretary may waive the exemption provided in paragraph (4) to require a public transportation agency to develop a security plan under paragraph (1) in the absence of grant funds under section 1135 of this title if not less than 3 days after making the deter- mination the Secretary provides the appro- priate congressional committees and the pub- lic transportation agency written notification detailing the need for the security plan, the reasons grant funding has not been made available, and the reason the agency has been designated high risk. (d) Consistency with other plans The Secretary shall ensure that the security plans developed by public transportation agen- cies under this section are consistent with the security assessments developed by the Depart- ment and the National Strategy for Public Transportation Security developed under sec- tion 1133 of this title. (e) Updates Not later than September 30, 2008, and annu- ally thereafter, the Secretary shall— (1) update the security assessments referred to in subsection (a); (2) update the security improvement prior- ities required under subsection (f); and (3) require public transportation agencies to update the security plans required under sub- section (c) as appropriate. (f) Security improvement priorities (1) In gen

Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 1135

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