---
kind: "section"
citation: "6 U.S.C. § 1134"
title: "6"
title_heading: "Domestic Security"
number: "1134"
heading: "Security assessments and plans"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/1134"
units:
  - "Chapter 4 — Transportation Security"
  - "Subchapter III — Public Transportation Security"
---

# §1134. Security assessments and plans

- (a) **Public transportation security assessments—**
  - (1) **Submission—** Not later than 30 days after August 3, 2007, the [Administrator](/usc/6/701.md?p=1) of the Federal Transit Administration of the [Department](/usc/6/1101.md?p=1) of Transportation shall submit all public transportation security assessments and all other relevant information to the [Secretary](/usc/6/1101.md?p=2).
  - (2) **Secretarial review—** Not later than 60 days after receiving the submission under [paragraph (1)](#a-1), the [Secretary](/usc/6/1101.md?p=2) shall review and augment the security assessments received, and conduct additional security assessments as necessary to ensure that at a minimum, all high risk [public transportation agencies](/usc/6/1131.md?p=5), as determined by the [Secretary](/usc/6/1101.md?p=2), will have a completed security assessment.
  - (3) **Content—** The [Secretary](/usc/6/1101.md?p=2) shall ensure that each completed security assessment includes—
    - (A) identification of critical [assets](/usc/6/101.md?p=3), infrastructure, and systems and their vulnerabilities; and
    - (B) identification of any other security weaknesses, including weaknesses in [emergency](/usc/6/701.md?p=6) response planning and employee training.
- (b) **Bus and rural public transportation systems—** Not later than 180 days after August 3, 2007, the [Secretary](/usc/6/1101.md?p=2) 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](/usc/6/677a.md?p=5) under [section 5311 of title 49](/usc/49/5311.md); and
  - (2) make the representative assessments available for use by similarly situated systems.
- (c) **Security plans—**
  - (1) **Requirement for plan—**
    - (A) **High risk agencies—** The [Secretary](/usc/6/1101.md?p=2) shall require [public transportation agencies](/usc/6/1131.md?p=5) determined by the [Secretary](/usc/6/1101.md?p=2) to be at high risk for [terrorism](/usc/6/1111.md?p=5) to develop a comprehensive security plan. The [Secretary](/usc/6/1101.md?p=2) shall provide technical assistance and guidance to [public transportation agencies](/usc/6/1131.md?p=5) in preparing and implementing security plans under this section.
    - (B) **Other agencies—** Provided that no [public transportation agency](/usc/6/1131.md?p=5) that has not been designated high risk shall be required to develop a security plan, the [Secretary](/usc/6/1101.md?p=2) may also establish a security program for [public transportation agencies](/usc/6/1131.md?p=5) not designated high risk by the [Secretary](/usc/6/1101.md?p=2), to assist those [public transportation agencies](/usc/6/1131.md?p=5) which request assistance, including—
      - (i) guidance to assist such [agencies](/usc/6/671.md?p=1) in conducting security assessments and preparing and implementing security plans; and
      - (ii) a process for the [Secretary](/usc/6/1101.md?p=2) to review and approve such assessments and plans, as appropriate.
  - (2) **Contents of plan—** The [Secretary](/usc/6/1101.md?p=2) shall ensure that security plans include, as appropriate—
    - (A) a prioritized list of all items included in the [public transportation agency](/usc/6/1131.md?p=5)’s security assessment that have not yet been addressed;
    - (B) a detailed list of any additional capital and operational improvements identified by the [Department](/usc/6/1101.md?p=1) or the [public transportation agency](/usc/6/1131.md?p=5) and a certification of the [public transportation agency](/usc/6/1131.md?p=5)’s technical capacity for operating and maintaining any security equipment that may be identified in such list;
    - (C) specific procedures to be implemented or used by the [public transportation agency](/usc/6/1131.md?p=5) in response to a terrorist attack, including evacuation and passenger communication plans and appropriate evacuation and communication measures for the elderly and individuals with disabilities;
    - (D) a coordinated response plan that establishes procedures for appropriate interaction with [State](/usc/6/1111.md?p=4) and local law enforcement [agencies](/usc/6/671.md?p=1), [emergency](/usc/6/701.md?p=6) responders, and Federal officials in order to coordinate security measures and plans for response in the event of a terrorist attack or other major [incident](/usc/6/677a.md?p=6);
    - (E) a strategy and timeline for conducting training under [section 1137 of this title](/usc/6/1137.md);
    - (F) plans for providing redundant and other appropriate backup systems necessary to ensure the continued operation of critical elements of the public transportation system in the event of a terrorist attack or other major [incident](/usc/6/677a.md?p=6);
    - (G) plans for providing service capabilities throughout the system in the event of a terrorist attack or other major [incident](/usc/6/677a.md?p=6) 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](/usc/6/701.md?p=6) responders; and
    - (I) other actions or procedures as the [Secretary](/usc/6/1101.md?p=2) determines are appropriate to address the security of the public transportation system.
  - (3) **Review—** Not later than 6 months after receiving the plans required under this section, the [Secretary](/usc/6/1101.md?p=2) shall—
    - (A) review each security plan submitted;
    - (B) require the [public transportation agency](/usc/6/1131.md?p=5) to make any amendments needed to ensure that the plan meets the requirements of this section; and
    - (C) approve any security plan that meets the requirements of this section.
  - (4) **Exemption—** The [Secretary](/usc/6/1101.md?p=2) shall not require a [public transportation agency](/usc/6/1131.md?p=5) to develop a security plan under [paragraph (1)](#c-1) if the [agency](/usc/6/671.md?p=1) does not receive a grant under [section 1135 of this title](/usc/6/1135.md).
  - (5) **Waiver—** The [Secretary](/usc/6/1101.md?p=2) may waive the exemption provided in [paragraph (4)](#c-4) to require a [public transportation agency](/usc/6/1131.md?p=5) to develop a security plan under [paragraph (1)](#c-1) in the absence of grant [funds](/usc/6/677a.md?p=5) under [section 1135 of this title](/usc/6/1135.md) if not less than 3 days after making the determination the [Secretary](/usc/6/1101.md?p=2) provides the [appropriate congressional committees](/usc/6/1111.md?p=1) and the [public transportation agency](/usc/6/1131.md?p=5) written notification detailing the need for the security plan, the reasons grant funding has not been made available, and the reason the [agency](/usc/6/671.md?p=1) has been designated high risk.
- (d) **Consistency with other plans—** The [Secretary](/usc/6/1101.md?p=2) shall ensure that the security plans developed by [public transportation agencies](/usc/6/1131.md?p=5) under this section are consistent with the security assessments developed by the [Department](/usc/6/1101.md?p=1) and the National Strategy for Public Transportation Security developed under [section 1133 of this title](/usc/6/1133.md).
- (e) **Updates—** Not later than September 30, 2008, and annually thereafter, the [Secretary](/usc/6/1101.md?p=2) shall—
  - (1) update the security assessments referred to in [subsection (a)](#a);
  - (2) update the security improvement priorities required under [subsection (f)](#f); and
  - (3) require [public transportation agencies](/usc/6/1131.md?p=5) to update the security plans required under [subsection (c)](#c) as appropriate.
- (f) **Security improvement priorities—**
  - (1) **In general—** Beginning in fiscal year 2008 and each fiscal year thereafter, the [Secretary](/usc/6/1101.md?p=2), after consultation with management and nonprofit employee labor organizations representing public transportation employees as appropriate, and with appropriate [State](/usc/6/1111.md?p=4) 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](/usc/6/1131.md?p=5) that has been assessed.
  - (2) **Allocations—** The [Secretary](/usc/6/1101.md?p=2) shall use the security improvement priorities established in [paragraph (1)](#f-1) as the basis for allocating risk-based grant [funds](/usc/6/677a.md?p=5) under [section 1135 of this title](/usc/6/1135.md), unless the [Secretary](/usc/6/1101.md?p=2) notifies the [appropriate congressional committees](/usc/6/1111.md?p=1) that the [Secretary](/usc/6/1101.md?p=2) has determined an adjustment is necessary to respond to an urgent threat or other significant national security factors.
- (g) **Shared facilities—** The [Secretary](/usc/6/1101.md?p=2) shall encourage the development and implementation of coordinated assessments and security plans to the extent a [public transportation agency](/usc/6/1131.md?p=5) shares facilities (such as tunnels, bridges, stations, or platforms) with another [public transportation agency](/usc/6/1131.md?p=5), 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](/usc/6/677a.md?p=4) to disclose any record or information that the [Federal agency](/usc/6/677a.md?p=4) obtains from a [public transportation agency](/usc/6/1131.md?p=5) under any other Federal law.
- (i) **Determination—** In response to a petition by a [public transportation agency](/usc/6/1131.md?p=5) or at the discretion of the [Secretary](/usc/6/1101.md?p=2), the [Secretary](/usc/6/1101.md?p=2) may recognize existing procedures, protocols, and standards of a [public transportation agency](/usc/6/1131.md?p=5) that the [Secretary](/usc/6/1101.md?p=2) determines meet all or part of the requirements of this section regarding security assessments or security plans.

## Source credit

(Pub. L. 110–53, title XIV, § 1405, Aug. 3, 2007, 121 Stat. 402.)
