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(d) Consistency with other plans
The Secretary shall ensure that the security
plans developed by public transportation agencies under this section are consistent with the
security assessments developed by the Department and the National Strategy for Public
Transportation Security developed under section 1133 of this title.
(e) Updates
Not later than September 30, 2008, and annually thereafter, the Secretary shall—
(1) update the security assessments referred
to in subsection (a);
(2) update the security improvement priorities required under subsection (f); and
(3) require public transportation agencies to
update the security plans required under subsection (c) as appropriate.
(f) Security improvement priorities
(1) In general
Beginning in fiscal year 2008 and each fiscal
year thereafter, the Secretary, after consultation with management and nonprofit employee labor organizations representing public
transportation employees as appropriate, and
with appropriate State and local officials,
shall utilize the information developed or received in this section to establish security improvement priorities unique to each individual
public transportation agency that has been assessed.
(2) Allocations
The Secretary shall use the security improvement 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 congressional committees that the Secretary has
determined an adjustment is necessary to respond to an urgent threat or other significant
national security factors.
(g) Shared facilities
The Secretary shall encourage the development and implementation of coordinated assessments and security plans to the extent a public
transportation agency shares facilities (such as
tunnels, bridges, stations, or platforms) with another public transportation agency, a freight or
passenger railroad carrier, or over-the-road bus
operator that are geographically close or otherwise 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 information from Congress.
(2) Disclosure of independently furnished information
Nothing in this section shall be construed as
affecting any authority or obligation of a Federal agency to disclose any record or information 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 transportation agency or at the discretion of the Sec-

§ 1135

retary, the Secretary may recognize existing
procedures, protocols, and standards of a public
transportation agency that the Secretary determines 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 transportation agencies for security improvements described 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 assessment; 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, including 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 detection;
(E) surveillance equipment;
(F) communications equipment, including
mobile service equipment to provide access
to wireless Enhanced 911 (E911) emergency
services in an underground fixed guideway
system;
(G) emergency response equipment, including personal protective equipment;
(H) fire suppression and decontamination
equipment;
(I) global positioning or tracking and recovery equipment, and other automated-vehicle-locator-type system equipment;
(J) evacuation improvements;
(K) purchase and placement of bomb-resistant trash cans throughout public transportation facilities, including subway exits,
entrances, and tunnels;
(L) capital costs associated with security
awareness, security preparedness, and security response training, including training
under section 1137 of this title and exercises
under section 1136 of this title;
(M) security improvements for public
transportation systems, including extensions thereto, in final design or under construction;

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TITLE 6—DOMESTIC SECURITY

(N) security improvements for stations
and other public transportation infrastructure, including stations and other public
transportation infrastructure owned by
State or local governments; and
(O) other capital security improvements
determined appropriate by the Secretary.
(2) Operating uses of funds, including—
(A) security training, including training
under section 1137 of this title and training
developed by institutions of higher education and by nonprofit employee labor organizations, for public transportation employees, including frontline employees;
(B) live or simulated exercises under section 1136 of this title;
(C) public awareness campaigns for enhanced public transportation security;
(D) canine patrols for chemical, radiological, biological, or explosives detection;
(E) development of security plans under
section 1134 of this title;
(F) overtime reimbursement including reimbursement of State, local, and tribal governments, for costs for enhanced security
personnel during significant national and
international public events;
(G) operational costs, including reimbursement of State, local, and tribal governments
for costs for personnel assigned to full-time
or part-time security or counterterrorism
duties related to public transportation, provided that this expense totals no more than
10 percent of the total grant funds received
by a public transportation agency in any 1
year; and
(H) other operational security costs determined appropriate by the Secretary, excluding routine, ongoing personnel costs, other
than those set forth in this section.
(c) Department of Homeland Security responsibilities
In carrying out the responsibilities under subsection (a), the Secretary shall—
(1) determine the requirements for recipients
of grants under this section, including application requirements;
(2) pursuant to subsection (a)(2), select the
recipients of grants based solely on risk; and
(3) pursuant to subsection (b), establish the
priorities for which grant funds may be used
under this section.
(d) Distribution of grants
Not later than 90 days after August 3, 2007, the
Secretary and the Secretary of Transportation
shall determine the most effective and efficient
way to distribute grant funds to the recipients
of grants determined by the Secretary under
subsection (a). Subject to the determination
made by the Secretaries, the Secretary may
transfer funds to the Secretary of Transportation for the purposes of disbursing funds to
the grant recipient.
(e) Subject to certain terms and conditions
Except as otherwise specifically provided in
this section, a grant provided under this section
shall be subject to the terms and conditions applicable to a grant made under section 5307 of
title 49, as in effect on January 1, 2007, and such

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other terms and conditions as are determined
necessary by the Secretary.
(f) Limitation on uses of funds
Grants made under this section may not be
used to make any State or local government
cost-sharing contribution under any other Federal law.
(g) Annual reports
Each recipient of a grant under this section
shall report annually to the Secretary on the
use of the grant funds.
(h) Guidelines
Before distribution of funds to recipients of
grants, the Secretary shall issue guidelines to
ensure that, to the extent that recipients of
grants under this section use contractors or subcontractors, such recipients shall use small, minority, women-owned, or disadvantaged business
concerns as contractors or subcontractors to the
extent practicable.
(i) Coordination with State homeland security
plans
In establishing security improvement priorities under section 1134 of this title and in
awarding grants for capital security improvements and operational security improvements
under subsection (b), the Secretary shall act
consistently with relevant State homeland security plans.
(j) Multistate transportation systems
In cases in which a public transportation system operates in more than one State, the Secretary shall give appropriate consideration to
the risks of the entire system, including those
portions of the States into which the system
crosses, in establishing security improvement
priorities under section 1134 of this title and in
awarding grants for capital security improvements and operational security improvements
under subsection (b).
(k) Congressional notification
Not later than 3 days before the award of any
grant under this section, the Secretary shall notify simultaneously, the appropriate congressional committees of the intent to award such
grant.
(l) Return of misspent grant funds
The Secretary shall establish a process to require the return of any misspent grant funds received under this section determined to have
been spent for a purpose other than those specified in the grant award.
(m) Authorization of appropriations
(1) There are authorized to be appropriated to
the Secretary to make grants under this section—
(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 subsection (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 subsection (b)(2);

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§ 1137

(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 subsection (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 subsection (b)(2).

(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) PERIOD OF AVAILABILITY.—Sums appropriated to carry out this section shall remain
available until expended.
(3) WAIVER.—The Secretary may waive the
limitation on operational costs specified in subparagraphs (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.

(2) provides that exercises described in paragraph (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 appropriate Federal, State, local, and tribal officials, governmental and nongovernmental
emergency response providers, law enforcement personnel, including railroad and transit police, and appropriate stakeholders; and
(C) followed by remedial action by covered
entities in response to lessons learned;

(Pub. L. 110–53, title XIV, § 1406, Aug. 3, 2007, 121
Stat. 405.)
REFERENCES IN TEXT
Public Law 110–28, referred to in subsec. (m)(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
Tables.

§ 1136. Security exercises
(a) In general
The Secretary shall establish a program for
conducting security exercises for public transportation agencies for the purpose of assessing
and improving the capabilities of entities described 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 enforcement 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 agencies which the Secretary deems appropriate,
exercises to be conducted that are—
(A) scaled and tailored to the needs of specific public transportation systems, and include 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;

(3) involves individuals in neighborhoods
around the infrastructure of a public transportation system; and
(4) assists State, local, and tribal governments and public transportation agencies in
designing, implementing, and evaluating exercises 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 established under section 748 of this title.
(e) Ferry system exemption
This section does not apply to any ferry system for which drills are required to be conducted 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 interim final regulations, and not later than 1
year after August 3, 2007, the Secretary shall develop and issue detailed final regulations, for a
public transportation security training program
to prepare public transportation employees, including frontline employees, for potential security 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 developed under subsection (a) shall require security