498 
(2) EXPANSION.—In developing and implementing the curricula, per-
formance standards, and other requirements, the Secretary shall— 
(A) coordinate with key stakeholders, including international, 
Federal, State, and local officials, and private-sector and academic 
entities to develop best practice guidelines for a standardized pro-
gram, as appropriate; 
(B) require that explosives detection canine teams trained by 
nonprofit organizations, universities, or private-sector entities that 
are used or made available by the Secretary be trained consistent 
with specific training criteria developed by the Secretary; and 
(C) review the status of the private-sector programs on at least 
an annual basis to ensure compliance with training curricula, per-
formance standards, and other requirements. 
(d) DEPLOYMENT.—The Secretary shall— 
(1) use the additional explosives detection canine teams as part of 
the Department’s efforts to strengthen security across the Nation’s 
transportation network, and may use the canine teams on a more lim-
ited basis to support other homeland security missions, as determined 
appropriate by the Secretary; 
(2) make available explosives detection canine teams to all modes of 
transportation, for high-risk areas or to address specific threats, on an 
as-needed basis and as otherwise determined appropriate by the Sec-
retary; 
(3) encourage, but not require, any transportation facility or system 
to deploy TSA-certified explosives detection canine teams developed 
under this section; and 
(4) consider specific needs and training requirements for explosives 
detection canine teams to be deployed across the Nation’s transpor-
tation network, including in venues of multiple modes of transportation, 
as appropriate. 
(e) CANINE PROCUREMENT.—The Secretary, acting through the Adminis-
trator of the Transportation Security Administration, shall work to ensure 
that explosives detection canine teams are procured as efficiently as possible 
and at the best price, while maintaining the needed level of quality, includ-
ing, if appropriate, through increased domestic breeding. 
§ 40317. Roles of the Department and the Department of 
Transportation 
(a) IN GENERAL.—The Secretary is the principal Federal official respon-
sible for transportation security. 
(b) EQUIVALENT ROLES AND RESPONSIBILITIES.—In carrying out this 
chapter, chapters 401, 405, and 407 of this title, and titles XII through 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00498
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
499 
XV of the Implementing Recommendations of the 9/11 Commission Act of 
2007 (Public Law 110–53, 121 Stat. 381), the roles and responsibilities of 
the Department and the Department of Transportation are the same as 
their roles and responsibilities under the following: 
(1) The Aviation and Transportation Security Act (Public Law 
107–71, 115 Stat. 597). 
(2) The Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108–458, 118 Stat. 3638). 
(3) The National Infrastructure Protection Plan required by 
Homeland Security Presidential Directive–7. 
(4) The Homeland Security Act of 2002 (Public Law 107–296, 
116 Stat. 2135). 
(5) The National Response Plan. 
(6) Executive Order No. 13416, 71 Fed. Reg. 71033 (Dec. 5, 
2006). 
(7) The Memorandum of Understanding between the Depart-
ment of Homeland Security and the Department of Transpor-
tation on Roles and Responsibilities, dated September 28, 2004, 
and any and all subsequent annexes to this Memorandum of Un-
derstanding and other relevant agreements between the two De-
partments. 
Chapter 405—Public Transportation 
Security 
Sec. 
40501.
Definitions. 
40502.
National Strategy for Public Transportation Security. 
40503.
Security assessments and plans. 
40504.
Public transportation security improvement grants. 
40505.
Security exercises. 
40506.
Public transportation security training program. 
40507.
Public transportation research and development. 
40508.
Information sharing. 
40509.
Reporting requirements. 
40510.
Public transportation employee protections. 
40511.
Security background checks of covered individuals for public transportation. 
40512.
Limitation on fines and civil penalties. 
§ 40501. Definitions 
In this chapter: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEE.—The term ‘‘appro-
priate congressional committee’’ means the Committee on Banking, 
Housing, and Urban Affairs and the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Home-
land Security and the Committee on Transportation and Infrastructure 
of the House. 
(2) DISADVANTAGED
BUSINESS
CONCERN.—The term ‘‘disadvan-
taged business concern’’ means a small business that is owned and con-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00499
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
500 
trolled by socially and economically disadvantaged individuals as de-
fined in part 124, title 13, Code of Federal Regulations. 
(3) FRONTLINE EMPLOYEE.—The term ‘‘frontline employee’’ means 
an employee of a public transportation agency who is a transit vehicle 
driver or operator, dispatcher, maintenance or maintenance support 
employee, station attendant, customer service employee, security em-
ployee, or transit police employee, or any other employee who has direct 
contact with riders on a regular basis, or any other employee of a pub-
lic transportation agency that the Secretary determines should receive 
security training under section 40506 of this title. 
(4) PUBLIC TRANSPORTATION AGENCY.—The term ‘‘public transpor-
tation agency’’ means a publicly owned operator of public transpor-
tation eligible to receive Federal assistance under chapter 53 of title 
49. 
§ 40502. National Strategy for Public Transportation Secu-
rity 
(a) NATIONAL STRATEGY.—Based on the previous and ongoing security 
assessments conducted by the Department and the Department of Trans-
portation, the Secretary, consistent with and as required by section 11314 
of this title, shall develop and implement the modal plan for public transpor-
tation, entitled the ‘‘National Strategy for Public Transportation Security’’ 
(in this section referred to as the ‘‘Strategy’’). 
(b) PURPOSE.— 
(1) GUIDELINES.—In developing the Strategy, the Secretary shall es-
tablish guidelines for public transportation security that— 
(A) minimize security threats to public transportation systems; 
and 
(B) maximize the abilities of public transportation systems to 
mitigate damage resulting from a terrorist attack or other major 
incident. 
(2) ASSESSMENTS AND CONSULTATIONS.—In developing the Strat-
egy, the Secretary shall— 
(A) use established and ongoing public transportation security 
assessments as the basis of the Strategy; 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 Strategy, the Secretary shall describe prioritized 
goals, objectives, policies, actions, and schedules to improve the security of 
public transportation. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00500
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
501 
(d) RESPONSIBILITIES.—The Secretary shall include in the Strategy a de-
scription of the roles, responsibilities, and authorities of Federal, State, and 
local agencies, tribal governments, and appropriate stakeholders. The Strat-
egy shall also include— 
(1) the identification of, and a plan to address, gaps and unneces-
sary overlaps in the roles, responsibilities, and authorities of Federal 
agencies; and 
(2) a process for coordinating existing or future security strategies 
and plans for public transportation, including— 
(A) the National Infrastructure Protection Plan required by 
Homeland Security Presidential Directive–7; 
(B) Executive Order No. 13416, 71 Fed. Reg. 71033 (Dec. 5, 
2006); and 
(C) the Memorandum of Understanding between the Depart-
ment and the Department of Transportation on Roles and Respon-
sibilities dated September 28, 2004, and subsequent annexes and 
agreements. 
(e) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In developing the 
Strategy, the Secretary shall use relevant existing risk assessments and 
strategies developed by the Department or other Federal agencies, including 
those developed or implemented under section 11314 of this title or Home-
land Security Presidential Directive–7. 
§ 40503. Security assessments and plans 
(a) PUBLIC TRANSPORTATION SECURITY ASSESSMENTS.— 
(1) SUBMISSION.—The Administrator of the Federal Transit Admin-
istration shall submit all public transportation security assessments and 
all other relevant information 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 assessments received, and conduct additional se-
curity assessments as necessary to ensure that at a minimum, all high 
risk public transportation agencies, as determined by the Secretary, will 
have a completed security assessment. 
(3) CONTENT.—The Secretary shall ensure that each completed se-
curity assessment includes— 
(A) identification of critical assets, infrastructure, and systems, 
and their vulnerabilities; and 
(B) identification of any other security weaknesses, including 
weaknesses in emergency response planning and employee train-
ing. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00501
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
502 
(b) BUS AND RURAL PUBLIC TRANSPORTATION SYSTEMS.—The Sec-
retary shall— 
(1) conduct security assessments, based on a representative sample, 
to determine the specific needs of— 
(A) local bus-only public transportation systems; and 
(B) public transportation systems that receive funds under sec-
tion 5311 of title 49; and 
(2) make the representative assessments available for use by simi-
larly situated systems. 
(c) SECURITY PLANS.— 
(1) REQUIREMENT FOR PLAN.— 
(A) HIGH RISK AGENCIES.—The Secretary shall require public 
transportation agencies determined by the Secretary to be at high 
risk for terrorism to develop a comprehensive security plan. The 
Secretary shall provide technical assistance and guidance to public 
transportation agencies in preparing and implementing security 
plans under this section. 
(B) OTHER AGENCIES.—Subject to subparagraph (C), the Sec-
retary may also establish a security program for public transpor-
tation agencies not designated high risk by the Secretary, to assist 
those public transportation agencies that request assistance, in-
cluding— 
(i) guidance to assist agencies in conducting security as-
sessments and preparing and implementing security plans; 
and 
(ii) a process for the Secretary to review and approve as-
sessments and plans, as appropriate. 
(C) PLAN NOT REQUIRED.—A public transportation agency that 
has not been designated high risk may not be required to develop 
a security plan. 
(2) CONTENT.—The Secretary shall ensure that security plans in-
clude, as appropriate— 
(A) a prioritized list of all items included in the public transpor-
tation agency’s security assessment that have not yet been ad-
dressed; 
(B) a detailed list of any additional capital and operational im-
provements identified by the Department or the public transpor-
tation agency and a certification of the public transportation agen-
cy’s technical capacity for operating and maintaining security 
equipment that may be identified in the list; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00502
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
503 
(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 communication measures for the elderly and indi-
viduals with disabilities; 
(D) a coordinated response plan that establishes procedures for 
appropriate interaction with State and local law enforcement agen-
cies, emergency responders, and Federal officials in order to co-
ordinate security measures and plans for response in the event of 
a terrorist attack or other major incident; 
(E) a strategy and timeline for conducting training under sec-
tion 40506 of this title; 
(F) plans for providing redundant and other appropriate backup 
systems necessary to ensure the continued operation of critical ele-
ments of the public transportation system in the event of a ter-
rorist attack or other major incident; 
(G) plans for providing service capabilities throughout the sys-
tem in the event of a terrorist attack or other major incident in 
the city or region which the public transportation 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 emergency responders; and 
(I) other actions or procedures as the Secretary determines are 
appropriate to address the security of the public transportation 
system. 
(3) REVIEW.—Not later than 6 months after receiving the plans re-
quired under this section, the Secretary shall— 
(A) review each security plan submitted; 
(B) require the public transportation agency to make any 
amendments needed to ensure that the plan meets the require-
ments of this section; and 
(C) approve any security plan that meets the requirements of 
this section. 
(4) EXEMPTION.—The Secretary may not require a public transpor-
tation agency to develop a security plan under paragraph (1) if the 
agency does not receive a grant under section 40504 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 40504 of this title if not less than 3 days after making the de-
termination the Secretary provides the appropriate congressional com-
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00503
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
504 
mittees and the public transportation agency written notification detail-
ing 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 agencies under this 
section are consistent with the security assessments developed by the De-
partment and the National Strategy for Public Transportation Security de-
veloped under section 40502 of this title. 
(e) UPDATES.—The Secretary annually shall— 
(1) update the security assessments referred to in subsection (a); 
(2) update the security improvement priorities required under sub-
section (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.—Each fiscal year, the Secretary, after consultation 
with management and nonprofit employee labor organizations rep-
resenting public transportation employees, as appropriate, and with ap-
propriate State and local officials, shall utilize the information devel-
oped or received in this section to establish security improvement prior-
ities unique to each individual public transportation agency that has 
been assessed. 
(2) ALLOCATIONS.—The Secretary shall use the security improve-
ment priorities established in paragraph (1) as the basis for allocating 
risk-based grant funds under section 40504 of this title, unless the Sec-
retary notifies the appropriate congressional committees that the Sec-
retary has determined an adjustment is necessary to respond to an ur-
gent 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 ex-
tent 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 
is 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 infor-
mation from Congress. 
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.— 
Nothing in this section shall be construed as affecting any authority 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00504
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
505 
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 transpor-
tation agency or at the discretion of the Secretary, the Secretary may recog-
nize 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. 
§ 40504. Public transportation security improvement grants 
(a) SECURITY ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish a program for mak-
ing grants to eligible public transportation agencies for security im-
provements 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 as-
sessment or the agency has developed a security plan under section 
40503 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, in-
stallation of improved lighting, fencing, and barricades; 
(C) redundant critical operations control systems; 
(D) chemical, biological, radiological, or explosive detection sys-
tems, including the acquisition of canines used for detection; 
(E) surveillance equipment; 
(F) communications equipment, including mobile service equip-
ment to provide access to wireless Enhanced 911 (E911) emer-
gency services in an underground fixed guideway system; 
(G) emergency response equipment, including personal protec-
tive 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; 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00505
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
506 
(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 40506 of this title and exercises under section 
40505 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 trans-
portation infrastructure, including stations and other public trans-
portation 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 40506 of 
this title and training developed by institutions of higher education 
and by nonprofit employee labor organizations, for public trans-
portation employees, including frontline employees; 
(B) live or simulated exercises under section 40505 of this title; 
(C) public awareness campaigns for enhanced public transpor-
tation security; 
(D) canine patrols for chemical, radiological, biological, or explo-
sives detection; 
(E) development of security plans under section 40503 of this 
title; 
(F) overtime reimbursement including reimbursement of State, 
local, and tribal governments, for costs for enhanced security per-
sonnel 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) SECRETARY’S RESPONSIBILITIES.—In carrying out the responsibilities 
under subsection (a), the Secretary shall— 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00506
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS