6 U.S.C. § 1133 — National Strategy for Public Transpor-

Page 451 TITLE 6—DOMESTIC SECURITY § 1133 1 See References in Text note below. patcher, maintenance and maintenance sup- port employee, station attendant, customer service employee, security employee, or tran- sit police, or any other employee who has di- rect contact with riders on a regular basis, and any other employee of a public transportation agency that the Secretary determines should receive security training under section 1137 of this title. (5) Public transportation agency The term ‘‘public transportation agency’’ means a publicly owned operator of public transportation eligible to receive Federal as- sistance under chapter 53 of title 49. (6) Secretary The term ‘‘Secretary’’ means the Secretary of Homeland Security. (Pub. L. 110–53, title XIV, § 1402, Aug. 3, 2007, 121 Stat. 400.) Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘National Transit Systems Security Act of 2007’’, see section 1401 of Pub. L. 110–53, set out as a note under section 1101 of this title. § 1132. Findings Congress finds that— (1) 182 public transportation systems throughout the world have been primary tar- gets of terrorist attacks; (2) more than 6,000 public transportation agencies operate in the United States; (3) people use public transportation vehicles 33,000,000 times each day; (4) the Federal Transit Administration has invested $93,800,000,000 since 1992 for construc- tion and improvements; (5) the Federal investment in transit secu- rity has been insufficient; and (6) greater Federal investment in transit se- curity improvements per passenger boarding is necessary to better protect the American peo- ple, given transit’s vital importance in cre- ating mobility and promoting our Nation’s economy. (Pub. L. 110–53, title XIV, § 1403, Aug. 3, 2007, 121 Stat. 401.) § 1133. National Strategy for Public Transpor- tation Security (a) National Strategy Not later than 9 months after August 3, 2007, and based upon the previous and ongoing secu- rity assessments conducted by the Department and the Department of Transportation, the Sec- retary, consistent with and as required by sec- tion 114(t) 1 of title 49, shall develop and imple- ment the modal plan for public transportation, entitled the ‘‘National Strategy for Public Transportation Security’’. (b) Purpose (1) Guidelines In developing the National Strategy for Pub- lic Transportation Security, the Secretary shall establish guidelines for public transpor- tation security that— (A) minimize security threats to public transportation systems; and (B) maximize the abilities of public trans- portation systems to mitigate damage re- sulting from terrorist attack or other major incident. (2) Assessments and consultations In developing the National Strategy for Pub- lic Transportation Security, the Secretary shall— (A) use established and ongoing public transportation security assessments as the basis of the National Strategy for Public Transportation Security; and (B) consult with all relevant stakeholders, including public transportation agencies, nonprofit labor organizations representing public transportation employees, emergency responders, public safety officials, and other relevant parties. (c) Contents In the National Strategy for Public Transpor- tation Security, the Secretary shall describe prioritized goals, objectives, policies, actions, and schedules to improve the security of public transportation. (d) Responsibilities The Secretary shall include in the National Strategy for Public Transportation Security a description of the roles, responsibilities, and au- thorities of Federal, State, and local agencies, tribal governments, and appropriate stake- holders. The plan shall also include— (1) the identification of, and a plan to ad- dress, gaps and unnecessary overlaps in the roles, responsibilities, and authorities of Fed- eral agencies; and (2) a process for coordinating existing or fu- ture security strategies and plans for public transportation, including the National Infra- structure Protection Plan required by Home- land Security Presidential Directive–7; Execu- tive Order No. 13416: Strengthening Surface Transportation Security dated December 5, 2006; the Memorandum of Understanding be- tween the Department and the Department of Transportation on Roles and Responsibilities dated September 28, 2004; and subsequent an- nexes and agreements. (e) Adequacy of existing plans and strategies In developing the National Strategy for Public Transportation Security, the Secretary shall use relevant existing risk assessments and strat- egies developed by the Department or other Fed- eral agencies, including those developed or im- plemented pursuant to section 114(t) 1 of title 49 or Homeland Security Presidential Directive–7. (f) Funding There is authorized to be appropriated to the Secretary to carry out this section $2,000,000 for fiscal year 2008. (Pub. L. 110–53, title XIV, § 1404, Aug. 3, 2007, 121 Stat. 401.) Page 452 TITLE 6—DOMESTIC SECURITY § 1134 Editorial Notes REFERENCES IN TEXT Section 114(t) of title 49, referred to in subsecs. (a) and (e), was redesignated section 114(s) of title 49 by Pub. L. 110–161, div. E, title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092. Executive Order No. 13416, referred to in subsec. (d)(2), is set out as a note under section 1101 of this title. § 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 Ad- ministration of the Department of Transpor- tation shall submit all public transportation security assessments and all other relevant in- formation 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 assess- ments received, and conduct additional secu- rity assessments as necessary to ensure that at a minimum, all high risk public transpor- tation agencies, as determined by the Sec- retary, will have a completed security assess- ment. (3) Content The Secretary shall ensure that each com- pleted security assessment includes— (A) identification of critical assets, infra- structure, and systems and their vulnerabilities; and (B) identification of any other security weaknesses, including weaknesses in emer- gency response planning and employee train- ing. (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 spe- cific needs of— (A) local bus-only public transportation systems; and (B) public transportation systems that re- ceive funds under section 5311 of title 49; and (2) make the representative assessments available for use by similarly situated sys- tems. (c) Security plans (1) Requirement for plan (A) High risk agencies The Secretary shall require public trans- portation agencies determined by the Sec- retary to be at high risk for terrorism to de- velop a comprehensive security plan. The Secretary shall provide technical assistance and guidance to public transportation agen- cies in preparing and implementing security plans under this section. (B) Other agencies Provided that no public transportation agency that has not been designated high risk shall be required to develop a security plan, the Secretary may also establish a se- curity program for public transportation agencies not designated high risk by the Secretary, to assist those public transpor- tation agencies which request assistance, in- cluding— (i) guidance to assist such agencies in conducting security assessments and pre- paring and implementing security plans; and (ii) a process for the Secretary to review and approve such assessments and plans, as appropriate. (2) Contents of plan The Secretary shall ensure that security plans include, as appropriate— (A) a prioritized list of all items included in the public transportation agency’s secu- rity assessment that have not yet been ad- dressed; (B) a detailed list of any additional capital and operational improvements identified by the Department or the public transportation agency and a certification of the public transportation agency’s technical capacity for operating and maintaining any security equipment that may be identified in such list; (C) specific procedures to be implemented or used by the public transportation agency in response to a terrorist attack, including evacuation and passenger communication plans and appropriate evacuation and com- munication measures for the elderly and in- dividuals with disabilities; (D) a coordinated response plan that estab- lishes procedures for appropriate interaction with State and local law enforcement agen- cies, emergency responders, and Federal offi- cials in order to coordinate security meas- ures and plans for response in the event of a terrorist attack or other major incident; (E) a strategy and timeline for conducting training under section 1137 of this title; (F) plans for providing redundant and other appropriate backup systems necessary to ensure the continued operation of critical elements of the public transportation sys- tem in the event of a terrorist attack or other major incident; (G) plans for providing service capabilities throughout the system in the event of a ter- rorist attack or other major incident in the city or region which the public transpor- tation system serves; (H) methods to mitigate damage within a public transportation system in case of an attack on the system, including a plan for communication and coordination with emer- gency responders; and (I) other actions or procedures as the Sec- retary determines are appropriate to address the security of the public transportation system. (3) Review Not later than 6 months after receiving the plans required under this section, the Sec- retary shall— (A) review each security plan submitted;