6 U.S.C. § 1138 — Public transportation research and devel-

Page 457 TITLE 6—DOMESTIC SECURITY § 1138 1 So in original. 2 So in original. Probably should be ‘‘114(t)(1)(C)’’. (h) Ferry exemption This section shall not apply to any ferry sys- tem for which training is required to be con- ducted pursuant to section 70103 of title 46. (i) Report Not later than 2 years after the date of issuance of the final regulation, the Comptroller General shall review implementation of the training program, including interviewing a rep- resentative sample of public transportation agencies and employees, and report to the ap- propriate congressional committees, on the number of reviews conducted and the results. The Comptroller General may submit the report in both classified and redacted formats as nec- essary. (Pub. L. 110–53, title XIV, § 1408, Aug. 3, 2007, 121 Stat. 409.) § 1137a. Local law enforcement security training (a) In general The Secretary of Homeland Security, in con- sultation with public and private sector stake- holders, may in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training pro- gram to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to threats of terrorism and other threats, including targeted violence, at a surface transportation asset. (b) Requirements If the Secretary of Homeland Security devel- ops the training program described in subsection (a), such training program shall— (1) be informed by current information re- garding tactics used by terrorists and others engaging in targeted violence; (2) include tactical instruction tailored to the diverse nature of the surface transpor- tation asset operational environment; and (3) prioritize training officers from law en- forcement agencies that are eligible for or re- ceive grants under sections 1 2003 or 1 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 1 605) and officers employed by railroad carriers that operate passenger service, in- cluding interstate passenger service. (c) Report If the Secretary of Homeland Security devel- ops the training program described in subsection (a), not later than one year after the date on which the Secretary first implements the pro- gram, and annually thereafter during each year the Secretary carries out the program, the Sec- retary shall submit to the Committee on Home- land Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the program. Each such report shall include, for the year covered by the report— (1) a description of the curriculum for the training and any changes to such curriculum; (2) an identification of any contracts entered into for the development or provision of train- ing under the program; (3) information on the law enforcement agencies the personnel of which received the training, and for each such agency, the num- ber of participants; and (4) a description of the measures used to en- sure the program was carried out to provide for protections of privacy rights, civil rights, and civil liberties. (d) Definitions In this section: (1) The term ‘‘public and private sector stakeholders’’ has the meaning given such term in section 114(t)(1)(c) 2 of title 49. (2) The term ‘‘surface transportation asset’’ includes facilities, equipment, or systems used to provide transportation services by— (A) a public transportation agency (as such term is defined in section 1131(5) of this title); (B) a railroad carrier (as such term is de- fined in section 20102(3) of title 49); (C) an owner or operator of— (i) an entity offering scheduled, fixed- route transportation services by over-the- road bus (as such term is defined in section 1151(4) of this title); or (ii) a bus terminal; or (D) other transportation facilities, equip- ment, or systems, as determined by the Sec- retary. (3) The term ‘‘targeted violence’’ means an incident of violence in which an attacker se- lected a particular target in order to inflict mass injury or death with no discernable po- litical or ideological motivation beyond mass injury or death. (4) The term ‘‘terrorism’’ means the terms— (A) domestic terrorism (as such term is de- fined in section 2331(5) of title 18); and (B) international terrorism (as such term is defined in section 2331(1) of title 18). (Pub. L. 117–81, div. F, title LXIV, § 6419, Dec. 27, 2021, 135 Stat. 2417.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the National Transit Systems Security Act of 2007 which comprises this subchapter. § 1138. Public transportation research and devel- opment (a) Establishment of research and development program The Secretary shall carry out a research and development program through the Homeland Se- curity Advanced Research Projects Agency in the Science and Technology Directorate and in consultation with the Transportation Security Administration and with the Federal Transit Administration, for the purpose of improving the security of public transportation systems. (b) Grants and contracts authorized The Secretary shall award grants or contracts to public or private entities to conduct research Page 458 TITLE 6—DOMESTIC SECURITY § 1139 1 See References in Text note below. and demonstrate technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems. (c) Use of funds Grants or contracts awarded under subsection (a)— (1) shall be coordinated with activities of the Homeland Security Advanced Research Projects Agency; and (2) may be used to— (A) research chemical, biological, radio- logical, or explosive detection systems that do not significantly impede passenger ac- cess; (B) research imaging technologies; (C) conduct product evaluations and test- ing; (D) improve security and redundancy for critical communications, electrical power, and computer and train control systems; (E) develop technologies for securing tun- nels, transit bridges and aerial structures; (F) research technologies that mitigate damages in the event of a cyber attack; and (G) research other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks. (d) Privacy and civil rights and civil liberties issues (1) Consultation In carrying out research and development projects under this section, the Secretary shall consult with the Chief Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, as appropriate, and in accordance with section 142 of this title. (2) Privacy impact assessments In accordance with sections 142 and 345 of this title, the Chief Privacy Officer shall con- duct privacy impact assessments and the Offi- cer for Civil Rights and Civil Liberties shall conduct reviews, as appropriate, for research and development initiatives developed under this section. (e) Reporting requirement Each entity that is awarded a grant or con- tract under this section shall report annually to the Department on the use of grant or contract funds received under this section to ensure that the awards made are expended in accordance with the purposes of this subchapter and the pri- orities developed by the Secretary. (f) Coordination The Secretary shall ensure that the research is consistent with the priorities established in the National Strategy for Public Transportation Security and is coordinated, to the extent prac- ticable, with other Federal, State, local, tribal, and private sector public transportation, rail- road, commuter railroad, and over-the-road bus research initiatives to leverage resources and avoid unnecessary duplicative efforts. (g) Return of misspent grant or contract funds If the Secretary determines that a grantee or contractor used any portion of the grant or con- tract funds received under this section for a pur- pose other than the allowable uses specified under subsection (c), the grantee or contractor shall return any amount so used to the Treasury of the United States. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary to make grants under this section— (1) such sums as necessary for fiscal year 2007; (2) $25,000,000 for fiscal year 2008; (3) $25,000,000 for fiscal year 2009; (4) $25,000,000 for fiscal year 2010; and (5) $25,000,000 for fiscal year 2011. (Pub. L. 110–53, title XIV, § 1409, Aug. 3, 2007, 121 Stat. 411.) § 1139. Information sharing (a) Intelligence sharing The Secretary shall ensure that the Depart- ment 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 reason- able costs of the Information Sharing and Analysis Center for Public Transportation (re- ferred 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 partici- pate in the ISAC; (B) shall encourage all other public trans- portation agencies to participate in the ISAC; (C) shall encourage the participation of nonprofit employee labor organizations rep- resenting 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 appro- priate congressional committees, as to the value and efficacy of the ISAC along with any other public transportation information-sharing pro- grams 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 infor- mation sharing plan under section 1203,1 and analysis of the extent to which the ISAC is du- plicative 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—