View all text of Subchapter III [§ 1131 - § 1144]
§ 1135. Public transportation security assistance
(a) Security assistance program
(1) In general
(2) EligibilityA 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 fundsA 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;
(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 and associated backfill, 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 responsibilitiesIn 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
(e) Subject to certain terms and conditions
(f) Limitation on uses of funds
(g) Annual reports
(h) Guidelines
(i) Coordination with State homeland security plans
(j) Multistate transportation systems
(k) Congressional notification
(l) Return of misspent grant funds
(m) Periods of performance
(1) In general
(2) Exception
(n) 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 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.)