6 U.S.C. § 1134 — Security assessments and plans

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; 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;