---
kind: "section"
citation: "6 U.S.C. § 1135"
title: "6"
title_heading: "Domestic Security"
number: "1135"
heading: "Public transportation security assistance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/1135"
units:
  - "Chapter 4 — Transportation Security"
  - "Subchapter III — Public Transportation Security"
---

# §1135. Public transportation security assistance

- (a) **Security assistance program—**
  - (1) **In general—** The [Secretary](/usc/6/1101.md?p=2) shall establish a program for making grants to eligible [public transportation agencies](/usc/6/1131.md?p=5) for security improvements described in [subsection (b)](#b).
  - (2) **Eligibility—** A [public transportation agency](/usc/6/1131.md?p=5) is eligible for a grant under this section if the [Secretary](/usc/6/1101.md?p=2) has performed a security assessment or the [agency](/usc/6/671.md?p=1) has developed a security plan under [section 1134 of this title](/usc/6/1134.md). Grant [funds](/usc/6/677a.md?p=5) shall only be awarded for permissible uses under [subsection (b)](#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)](#a) shall use the grant [funds](/usc/6/677a.md?p=5) for one or more of the following:
  - (1) Capital uses of [funds](/usc/6/677a.md?p=5), 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](/usc/6/701.md?p=6) services in an underground fixed guideway system;
    - (G) [emergency](/usc/6/701.md?p=6) 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](/usc/6/1137.md) and exercises under [section 1136 of this title](/usc/6/1136.md);
    - (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](/usc/6/1111.md?p=4) or [local governments](/usc/6/101.md?p=13); and
    - (O) other capital security improvements determined appropriate by the [Secretary](/usc/6/1101.md?p=2).
  - (2) Operating uses of [funds](/usc/6/677a.md?p=5), including—
    - (A) security training and associated backfill, including training under [section 1137 of this title](/usc/6/1137.md) and training developed by institutions of higher education and by nonprofit employee labor organizations, for public transportation employees, including [frontline employees](/usc/6/1131.md?p=4);
    - (B) live or simulated exercises under [section 1136 of this title](/usc/6/1136.md);
    - (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](/usc/6/1134.md);
    - (F) overtime reimbursement including reimbursement of [State](/usc/6/1111.md?p=4), local, and [tribal governments](/usc/6/701.md?p=16), for costs for enhanced security [personnel](/usc/6/101.md?p=15) during significant national and international public events;
    - (G) operational costs, including reimbursement of [State](/usc/6/1111.md?p=4), local, and [tribal governments](/usc/6/701.md?p=16) for costs for [personnel](/usc/6/101.md?p=15) 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](/usc/6/677a.md?p=5) received by a [public transportation agency](/usc/6/1131.md?p=5) in any 1 year; and
    - (H) other operational security costs determined appropriate by the [Secretary](/usc/6/1101.md?p=2), excluding routine, ongoing [personnel](/usc/6/101.md?p=15) costs, other than those set forth in this section.
- (c) **Department of Homeland Security responsibilities—** In carrying out the responsibilities under [subsection (a)](#a), the [Secretary](/usc/6/1101.md?p=2) shall—
  - (1) determine the requirements for recipients of grants under this section, including application requirements;
  - (2) pursuant to [subsection (a)(2)](#a-2), select the recipients of grants based solely on risk; and
  - (3) pursuant to [subsection (b)](#b), establish the priorities for which grant [funds](/usc/6/677a.md?p=5) may be used under this section.
- (d) **Distribution of grants—** Not later than 90 days after August 3, 2007, the [Secretary](/usc/6/1101.md?p=2) and the [Secretary](/usc/6/1101.md?p=2) of Transportation shall determine the most effective and efficient way to distribute grant [funds](/usc/6/677a.md?p=5) to the recipients of grants determined by the [Secretary](/usc/6/1101.md?p=2) under [subsection (a)](#a). Subject to the determination made by the [Secretaries](/usc/6/1101.md?p=2), the [Secretary](/usc/6/1101.md?p=2) may transfer [funds](/usc/6/677a.md?p=5) to the [Secretary](/usc/6/1101.md?p=2) of Transportation for the purposes of disbursing [funds](/usc/6/677a.md?p=5) 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](/usc/49/5307.md), as in effect on January 1, 2007, and such other terms and conditions as are determined necessary by the [Secretary](/usc/6/1101.md?p=2).
- (f) **Limitation on uses of funds—** Grants made under this section may not be used to make any [State](/usc/6/1111.md?p=4) or [local government](/usc/6/101.md?p=13) 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](/usc/6/1101.md?p=2) on the use of the grant [funds](/usc/6/677a.md?p=5).
- (h) **Guidelines—** Before distribution of [funds](/usc/6/677a.md?p=5) to recipients of grants, the [Secretary](/usc/6/1101.md?p=2) 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, women-owned, or [disadvantaged business concerns](/usc/6/1131.md?p=3) as contractors or subcontractors to the extent practicable.
- (i) **Coordination with State homeland security plans—** In establishing security improvement priorities under [section 1134 of this title](/usc/6/1134.md) and in awarding grants for capital security improvements and operational security improvements under [subsection (b)](#b), the [Secretary](/usc/6/1101.md?p=2) shall act consistently with relevant [State](/usc/6/1111.md?p=4) [homeland](/usc/6/101.md?p=1) security plans.
- (j) **Multistate transportation systems—** In cases in which a public transportation system operates in more than one [State](/usc/6/1111.md?p=4), the [Secretary](/usc/6/1101.md?p=2) shall give appropriate consideration to the risks of the entire system, including those portions of the [States](/usc/6/1111.md?p=4) into which the system crosses, in establishing security improvement priorities under [section 1134 of this title](/usc/6/1134.md) and in awarding grants for capital security improvements and operational security improvements under [subsection (b)](#b).
- (k) **Congressional notification—** Not later than 3 days before the award of any grant under this section, the [Secretary](/usc/6/1101.md?p=2) shall notify simultaneously, the [appropriate congressional committees](/usc/6/1111.md?p=1) of the intent to award such grant.
- (l) **Return of misspent grant funds—** The [Secretary](/usc/6/1101.md?p=2) shall establish a process to require the return of any misspent grant [funds](/usc/6/677a.md?p=5) received under this section determined to have been spent for a purpose other than those specified in the grant award.
- (m) **Periods of performance—**
  - (1) **In general—** Except as provided in [paragraph (2)](#m-2), [funds](/usc/6/677a.md?p=5) provided pursuant to a grant awarded under this section for a use specified in [subsection (b)](#b) shall remain available for use by a grant recipient for a period of not fewer than 36 months.
  - (2) **Exception—** [Funds](/usc/6/677a.md?p=5) provided pursuant to a grant awarded under this section for a use specified in subparagraph [(M)](#b-1-M) or [(N)](#b-1-N) of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 48 months.
- (n) **Authorization of appropriations—**
  - (1) There are authorized to be appropriated to the [Secretary](/usc/6/1101.md?p=2) 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](/usc/6/677a.md?p=5) may be used for operational costs under [subsection (b)(2)](#b-2);
    - (C) $750,000,000 for fiscal year 2009, except that not more than 30 percent of such [funds](/usc/6/677a.md?p=5) may be used for operational costs under [subsection (b)(2)](#b-2);
    - (D) $900,000,000 for fiscal year 2010, except that not more than 20 percent of such [funds](/usc/6/677a.md?p=5) may be used for operational costs under [subsection (b)(2)](#b-2); and
    - (E) $1,100,000,000 for fiscal year 2011, except that not more than 10 percent of such [funds](/usc/6/677a.md?p=5) may be used for operational costs under [subsection (b)(2)](#b-2).
  - (2) **Period of availability.—** Sums appropriated to carry out this section shall remain available until expended.
  - (3) **Waiver.—** The [Secretary](/usc/6/1101.md?p=2) may waive the limitation on operational costs specified in subparagraphs [(B)](#n-1-B) through [(E)](#n-1-E) of paragraph (1) if the [Secretary](/usc/6/1101.md?p=2) determines that such a waiver is required in the interest of national security, and if the [Secretary](/usc/6/1101.md?p=2) provides a written justification to the [appropriate congressional committees](/usc/6/1111.md?p=1) prior to any such action.
  - (4) **Effective date.—** [Funds](/usc/6/677a.md?p=5) 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.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

Public Law 110–28, referred to in subsec. (n)(4), is Pub. L. 110–28, May 25, 2007, 121 Stat. 112, known as the U.S. Troop Readinesss, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007. For complete classification of this Act to the Code, see Tables.

### Amendments

2021—Subsec. (b)(2)(A). Pub. L. 117–81, § 6420, inserted “and associated backfill” after “security training”.

Subsecs. (m), (n). Pub. L. 117–81, § 6421, added subsec. (m) and redesignated former subsec. (m) as (n).