Public Law 110-53, Section 1406

PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 405

(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 1406, 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 Secretary, 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.
SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

Effective date.

6 USC 1135.

(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 1405. 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:

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121 STAT. 406

PUBLIC LAW 110–53—AUG. 3, 2007
(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 1408 and exercises under
section 1407;
(M) security improvements for public transportation
systems, including extensions thereto, in final design or
under construction;
(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
1408 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 1407;
(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 1405;
(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,

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 407

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
the date of enactment of this Act, 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, United
States Code, as in effect on January 1, 2007, and such 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, womenowned, 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 1405
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 1405 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

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Deadline.

Deadline.

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121 STAT. 408

PUBLIC LAW 110–53—AUG. 3, 2007

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);
(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).
(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 the date of enactment of this Act.
6 USC 1136.

SEC. 1407. 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—

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