6 U.S.C. § 1136 — Security exercises

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 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.