6 U.S.C. § 1185 — Over-the-road bus security research and

Page 485 TITLE 6—DOMESTIC SECURITY § 1185 (d) Required programs (1) Development and submission to Secretary Not later than 90 days after the Secretary issues the regulations under subsection (a), each over-the-road bus operator shall develop a security training program in accordance with such regulations and submit the program to the Secretary for approval. (2) Approval Not later than 60 days after receiving a secu- rity training program under this subsection, the Secretary shall approve the program or re- quire the over-the-road bus operator that de- veloped the program to make any revisions to the program that the Secretary considers nec- essary for the program to meet the require- ments of the regulations. An over-the-road bus operator shall respond to the Secretary’s com- ments not later than 30 days after receiving them. (3) Training Not later than 1 year after the Secretary ap- proves a security training program in accord- ance with this subsection, the over-the-road bus operator that developed the program shall complete the training of all over-the-road bus frontline employees who were hired by the op- erator more than 30 days preceding such date. For such employees employed less than 30 days by an operator preceding such date, training shall be completed within the first 60 days of employment. (4) Updates of regulations and program revi- sions The Secretary shall periodically review and update, as appropriate, the training regula- tions issued under subsection (a) to reflect new or changing security threats. Each over- the-road bus operator shall revise its training program accordingly and provide additional training as necessary to its employees within a reasonable time after the regulations are up- dated. (e) National Training Program The Secretary shall ensure that the training program developed under subsection (a) is a component of the National Training Program established under section 748 of this title. (f) Reporting requirements Not later than 2 years after the date of regula- tion issuance, the Secretary shall review imple- mentation of the training program of a rep- resentative sample of over-the-road bus opera- tors and over-the-road bus frontline employees, and report to the appropriate congressional committees of such reviews. The Secretary may submit the report in both classified and redacted formats as necessary. (Pub. L. 110–53, title XV, § 1534, Aug. 3, 2007, 121 Stat. 461.) § 1185. Over-the-road bus security research and development (a) Establishment of research and development program The Secretary, acting through the Under Sec- retary for Science and Technology and the Ad- ministrator of the Transportation Security Ad- ministration, shall carry out a research and de- velopment program for the purpose of improving the security of over-the-road buses. (b) Eligible projects The research and development program may include projects— (1) to reduce the vulnerability of over-the- road buses, stations, terminals, and equipment to explosives and hazardous chemical, biologi- cal, and radioactive substances, including the development of technology to screen pas- sengers in large numbers with minimal inter- ference and disruption; (2) to test new emergency response and re- covery techniques and technologies, including those used at international borders; (3) to develop improved technologies, includ- ing those for— (A) emergency response training, including training in a tunnel environment, if appro- priate; and (B) security and redundancy for critical communications, electrical power, com- puter, and over-the-road bus control sys- tems; and (4) to address other vulnerabilities and risks identified by the Secretary. (c) Coordination with other research initiatives The Secretary— (1) shall ensure that the research and devel- opment program is consistent with the other transportation security research and develop- ment programs required by this Act; (2) shall, to the extent practicable, coordi- nate the research and development activities of the Department with other ongoing re- search and development security-related ini- tiatives, including research being conducted by— (A) the Department of Transportation, in- cluding University Transportation Centers and other institutes, centers, and simulators funded by the Department of Transpor- tation; (B) the National Academy of Sciences; (C) the Technical Support Working Group; (D) other Federal departments and agen- cies; and (E) other Federal and private research lab- oratories, research entities, and institutions of higher education, including Historically Black Colleges and Universities, Hispanic Serving Institutions, and Indian Tribally Controlled Colleges and Universities; (3) shall carry out any research and develop- ment project authorized by this section through a reimbursable agreement with an ap- propriate Federal agency, if the agency— (A) is currently sponsoring a research and development project in a similar area; or (B) has a unique facility or capability that would be useful in carrying out the project; (4) may award grants and enter into coopera- tive agreements, contracts, other trans- actions, or reimbursable agreements to the en- tities described in paragraph (2) and eligible recipients under section 1182 of this title; and Page 486 TITLE 6—DOMESTIC SECURITY § 1186 1 See References in Text note below. (5) shall make reasonable efforts to enter into memoranda of understanding, contracts, grants, cooperative agreements, or other transactions with private operators providing over-the-road bus transportation willing to contribute assets, physical space, and other resources. (d) Privacy and civil rights and civil liberties issues (1) Consultation In carrying out research and development projects under this section, the Secretary shall consult with the Chief Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department as appropriate and in accordance with section 142 of this title. (2) Privacy impact assessments In accordance with sections 142 and 345 of this title, the Chief Privacy Officer shall con- duct privacy impact assessments and the Offi- cer for Civil Rights and Civil Liberties shall conduct reviews, as appropriate, for research and development initiatives developed under this section that the Secretary determines could have an impact on privacy, civil rights, or civil liberties. (e) Authorization of appropriations (1) In general From the amounts appropriated pursuant to section 114(w) 1 of title 49, there shall be made available to the Secretary to carry out this section— (A) $2,000,000 for fiscal year 2008; (B) $2,000,000 for fiscal year 2009; (C) $2,000,000 for fiscal year 2010; and (D) $2,000,000 for fiscal year 2011. (2) Period of availability Such sums shall remain available until ex- pended. (Pub. L. 110–53, title XV, § 1535, Aug. 3, 2007, 121 Stat. 462.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c)(1), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266, known as the Imple- menting Recommendations of the 9/11 Commission Act of 2007, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of this title and Tables. Section 114(w) of title 49, referred to in subsec. (e)(1), was redesignated section 114(v) of title 49 by Pub. L. 115–254, div. K, § 1904(b)(1)(I), Oct. 5, 2018, 132 Stat. 3545. § 1186. Memorandum of Understanding annex Not later than 1 year after August 3, 2007, the Secretary of Transportation and the Secretary shall execute and develop an annex to the Memorandum of Understanding between the two departments signed on September 28, 2004, gov- erning the specific roles, delineations of respon- sibilities, resources, and commitments of the Department of Transportation and the Depart- ment of Homeland Security, respectively, in ad- dressing motor carrier transportation security matters, including over-the-road bus security matters, and shall cover the processes the De- partments will follow to promote communica- tions, efficiency, and nonduplication of effort. (Pub. L. 110–53, title XV, § 1541, Aug. 3, 2007, 121 Stat. 469.) PART D—HAZARDOUS MATERIAL AND PIPELINE SECURITY § 1201. Railroad routing of security-sensitive ma- terials (a) In general Not later than 9 months after August 3, 2007, the Secretary of Transportation, in consultation with the Secretary, shall publish a final rule based on the Pipeline and Hazardous Materials Safety Administration’s Notice of Proposed Rulemaking published on December 21, 2006, en- titled ‘‘Hazardous Materials: Enhancing Rail- road Transportation Safety and Security for Hazardous Materials Shipments’’. The final rule shall incorporate the requirements of this sec- tion and, as appropriate, public comments re- ceived during the comment period of the rule- making. (b) Security-sensitive materials commodity data The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, no later than 90 days after the end of each calendar year, compile security-sen- sitive materials commodity data. Such data must be collected by route, line segment, or se- ries of line segments, as aggregated by the rail- road carrier. Within the railroad carrier selected route, the commodity data must identify the ge- ographic location of the route and the total number of shipments by the United Nations identification number for the security-sensitive materials. (c) Railroad transportation route analysis for se- curity-sensitive materials The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, for each calendar year, provide a written analysis of the safety and security risks for the transportation routes identified in the security-sensitive materials commodity data collected as required by subsection (b). The safe- ty and security risks present shall be analyzed for the route, railroad facilities, railroad storage facilities, and high-consequence targets along or in proximity to the route. (d) Alternative route analysis for security-sen- sitive materials The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to— (1) for each calendar year— (A) identify practicable alternative routes over which the railroad carrier has author- ity to operate as compared to the current