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 general Beginning in fiscal year 2008 and each fiscal year thereafter, the Secretary, after consulta- tion with management and nonprofit em- ployee labor organizations representing public transportation employees as appropriate, and with appropriate State and local officials, shall utilize the information developed or re- ceived in this section to establish security im- provement priorities unique to each individual public transportation agency that has been as- sessed. (2) Allocations The Secretary shall use the security im- provement priorities established in paragraph (1) as the basis for allocating risk-based grant funds under section 1135 of this title, unless the Secretary notifies the appropriate con- gressional committees that the Secretary has determined an adjustment is necessary to re- spond to an urgent threat or other significant national security factors. (g) Shared facilities The Secretary shall encourage the develop- ment and implementation of coordinated assess- ments and security plans to the extent a public transportation agency shares facilities (such as tunnels, bridges, stations, or platforms) with an- other public transportation agency, a freight or passenger railroad carrier, or over-the-road bus operator that are geographically close or other- wise co-located. (h) Nondisclosure of information (1) Submission of information to Congress Nothing in this section shall be construed as authorizing the withholding of any informa- tion from Congress. (2) Disclosure of independently furnished in- formation Nothing in this section shall be construed as affecting any authority or obligation of a Fed- eral agency to disclose any record or informa- tion that the Federal agency obtains from a public transportation agency under any other Federal law. (i) Determination In response to a petition by a public transpor- tation agency or at the discretion of the Sec- retary, the Secretary may recognize existing procedures, protocols, and standards of a public transportation agency that the Secretary deter- mines meet all or part of the requirements of this section regarding security assessments or security plans. (Pub. L. 110–53, title XIV, § 1405, Aug. 3, 2007, 121 Stat. 402.) § 1135. Public transportation security assistance (a) Security assistance program (1) In general The Secretary shall establish a program for making grants to eligible public transpor- tation agencies for security improvements de- scribed 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. Grant funds shall only be awarded for permissible uses under subsection (b) to— (A) address items included in a security as- sessment; 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, includ- ing 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 detec- tion; (E) surveillance equipment; Page 454 TITLE 6—DOMESTIC SECURITY § 1135 (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, includ- ing personal protective equipment; (H) fire suppression and decontamination equipment; (I) global positioning or tracking and re- covery equipment, and other automated-ve- hicle-locator-type system equipment; (J) evacuation improvements; (K) purchase and placement of bomb-re- sistant trash cans throughout public trans- portation facilities, including subway exits, entrances, and tunnels; (L) capital costs associated with security awareness, security preparedness, and secu- rity response training, including training under section 1137 of this title and exercises under section 1136 of this title; (M) security improvements for public transportation systems, including exten- sions thereto, in final design or under con- struction; (N) security improvements for stations and other public transportation infrastruc- ture, 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 back- fill, including training under section 1137 of this title and training developed by institu- tions of higher education and by nonprofit employee labor organizations, for public transportation employees, including front- line employees; (B) live or simulated exercises under sec- tion 1136 of this title; (C) public awareness campaigns for en- hanced public transportation security; (D) canine patrols for chemical, radio- logical, biological, or explosives detection; (E) development of security plans under section 1134 of this title; (F) overtime reimbursement including re- imbursement of State, local, and tribal gov- ernments, for costs for enhanced security personnel during significant national and international public events; (G) operational costs, including reimburse- ment 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, pro- vided 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 deter- mined appropriate by the Secretary, exclud- ing routine, ongoing personnel costs, other than those set forth in this section. (c) Department of Homeland Security respon- sibilities In carrying out the responsibilities under sub- section (a), the Secretary shall— (1) determine the requirements for recipients of grants under this section, including applica- tion 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 Transpor- tation 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 ap- plicable to a grant made under section 5307 of title 49, 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 Fed- eral 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 sub- contractors, such recipients shall use small, mi- nority, 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 prior- ities under section 1134 of this title and in awarding grants for capital security improve- ments and operational security improvements under subsection (b), the Secretary shall act consistently with relevant State homeland secu- rity plans. (j) Multistate transportation systems In cases in which a public transportation sys- tem operates in more than one State, the Sec- retary 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 and in awarding grants for capital security improve- ments 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 no- Page 455 TITLE 6—DOMESTIC SECURITY § 1136 tify simultaneously, the appropriate congres- sional committees of the intent to award such grant. (l) Return of misspent grant funds The Secretary shall establish a process to re- quire the return of any misspent grant funds re- ceived under this section determined to have been spent for a purpose other than those speci- fied 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 sub- paragraph (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 sec- tion— (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 sub- section (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 sub- section (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 sub- section (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 sub- section (b)(2). (2) PERIOD OF AVAILABILITY.—Sums appro- priated to carry out this section shall remain available until expended. (3) WAIVER.—The Secretary may waive the limitation on operational costs specified in sub- paragraphs (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. (Pub. L. 110–53, title XIV, § 1406, Aug. 3, 2007, 121 Stat. 405; Pub. L. 117–81, div. F, title LXIV, §§ 6420, 6421, Dec. 27, 2021, 135 Stat. 2418.) Editorial Notes REFERENCES IN TEXT Public Law 110–28, referred to in subsec. (n)(4), is Pub. L. 110–28, May 25, 2007, 121 Stat. 112, known as the U.S. Troop Readinesss, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007. For complete classification of this Act to the Code, see Ta- bles. AMENDMENTS 2021—Subsec. (b)(2)(A). Pub. L. 117–81, § 6420, inserted ‘‘and associated backfill’’ after ‘‘security training’’. Subsecs. (m), (n). Pub. L. 117–81, § 6421, added subsec. (m) and redesignated former subsec. (m) as (n). § 1136. Security exercises (a) In general The Secretary shall establish a program for conducting security exercises for public trans- portation agencies for the purpose of assessing and improving the capabilities of entities de- scribed 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 enforce- ment 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 agen- cies which the Secretary deems appropriate, exercises to be conducted that are— (A) scaled and tailored to the needs of spe- cific public transportation systems, and in- clude 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 para- graph (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 appro- priate Federal, State, local, and tribal offi- cials, governmental and nongovernmental emergency response providers, law enforce- ment personnel, including railroad and tran- sit 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 transpor- tation system; and