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

Page 456 TITLE 6—DOMESTIC SECURITY § 1137 (4) assists State, local, and tribal govern- ments and public transportation agencies in designing, implementing, and evaluating exer- cises that conform to the requirements of paragraph (2). (d) National Exercise Program The Secretary shall ensure that the exercise program developed under subsection (a) is a component of the National Exercise Program es- tablished under section 748 of this title. (e) Ferry system exemption This section does not apply to any ferry sys- tem for which drills are required to be con- ducted pursuant to section 70103 of title 46. (Pub. L. 110–53, title XIV, § 1407, Aug. 3, 2007, 121 Stat. 408.) § 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 in- terim final regulations, and not later than 1 year after August 3, 2007, the Secretary shall de- velop and issue detailed final regulations, for a public transportation security training program to prepare public transportation employees, in- cluding frontline employees, for potential secu- rity 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 devel- oped 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 disabil- ities and the elderly. (6) Training related to behavioral and psy- chological understanding of, and responses to, terrorist incidents, including the ability to cope with hijacker behavior, and passenger re- sponses. (7) Live situational training exercises re- garding various threat conditions, including tunnel evacuation procedures. (8) Recognition and reporting of dangerous substances and suspicious packages, persons, and situations. (9) Understanding security incident proce- dures, including procedures for commu- nicating with governmental and nongovern- mental emergency response providers and for on scene interaction with such emergency re- sponse providers. (10) Operation and maintenance of security equipment and systems. (11) Other security training activities that the Secretary deems appropriate. (d) Required programs (1) Development and submission to Secretary Not later than 90 days after a public trans- portation agency meets the requirements under subsection (e), each such public trans- portation agency shall develop a security training program in accordance with the regu- lations developed under subsection (a) and submit the program to the Secretary for ap- proval. (2) Approval Not later than 60 days after receiving a secu- rity training program proposal under this sub- section, the Secretary shall approve the pro- gram or require the public transportation agency that developed the program to make any revisions to the program that the Sec- retary determines necessary for the program to meet the requirements of the regulations. A public transportation agency shall respond to the Secretary’s comments within 30 days after receiving them. (3) Training Not later than 1 year after the Secretary ap- proves a security training program proposal in accordance with this subsection, the public transportation agency that developed the pro- gram shall complete the training of all em- ployees covered under the program. (4) Updates of regulations and program revi- sions The Secretary shall periodically review and update, as appropriate, the training regula- tions issued under subsection (a) to reflect new or changing security threats. Each public transportation agency shall revise its training program accordingly and provide additional training as necessary to its workers within a reasonable time after the regulations are up- dated. (e) Applicability A public transportation agency that receives a grant award under this subchapter shall be re- quired to develop and implement a security training program pursuant to this section. (f) Long-term training requirement Any public transportation agency required to develop a security training program pursuant to this section shall provide routine and ongoing training for employees covered under the pro- gram, regardless of whether the public transpor- tation agency receives subsequent grant awards. (g) National Training Program The Secretary shall ensure that the training program developed under subsection (a) is a component of the National Training Program established under section 748 of this title. 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