§1134 Security Assessments and Plans

Summary

Within 30 days after August 3, 2007, the Federal Transit Administration (FTA) Administrator must send all public transportation security assessments and related materials to the Secretary. The Secretary must review those materials within 60 days, add to them as needed, and do any extra assessments so every public transportation agency the Secretary labels “high risk” has a finished security assessment. Each finished assessment must point out the system’s critical assets and vulnerabilities and any other security weaknesses, including problems with emergency response plans and worker training. By 180 days after August 3, 2007, the Secretary must do representative security assessments for local bus-only systems and systems that get funds under section 5311 and share those results with similar systems. The Secretary must require agencies the Secretary calls high risk to make a full security plan and must help them. Agencies not labeled high risk do not have to make a plan, but can get help and an approval process if they ask. Plans must list unfinished security needs, needed capital and operation fixes (and say the agency can run any new equipment), procedures for attacks (like evacuation and communications for elderly and disabled), a coordinated response with police and emergency responders and Federal officials, a training schedule under section 1137, backup systems, ways to keep service running during major incidents, ways to limit damage and communicate with responders, and any other actions the Secretary finds appropriate. The Secretary has 6 months to review submitted plans, ask for changes, and approve plans that meet the rules. Agencies that do not get grants under section 1135 are not required to make plans unless the Secretary waives that exemption and sends written notice at least 3 days after the decision explaining why. The Secretary must make sure plans match Department assessments and the National Strategy under section 1133, update assessments and priorities by September 30, 2008 and every year after, set agency-specific security priorities starting in fiscal year 2008 (after consulting labor and local officials), and use those priorities to guide grant allocations under section 1135 unless adjusted for urgent threats. The Secretary should encourage shared assessments and plans where agencies share facilities. Nothing here lets the government withhold information from Congress or changes other laws about sharing records. The Secretary may accept an agency’s existing procedures if they meet the requirements.