6 U.S.C. § 1182 — Over-the-road bus security assistance

Page 482 TITLE 6—DOMESTIC SECURITY § 1182 cols, or standards of an over-the-road bus oper- ator satisfy the requirements of this section, the over-the-road bus operator may elect to comply with those procedures, protocols, or standards instead of the requirements of this section. (3) Partial approval If the Secretary determines that the exist- ing procedures, protocols, or standards of an over-the-road bus operator satisfy only part of the requirements of this section, the Sec- retary may accept such submission, but shall require submission by the operator of any ad- ditional information relevant to the vulner- ability assessment and security plan of the op- erator to ensure that the remaining require- ments of this section are fulfilled. (4) Notification If the Secretary determines that particular existing procedures, protocols, or standards of an over-the-road bus operator under this sub- section do not satisfy the requirements of this section, the Secretary shall provide to the op- erator a written notification that includes an explanation of the reasons for nonacceptance. (5) Review Nothing in this subsection shall relieve the Secretary of the obligation— (A) to review the vulnerability assessment and security plan submitted by an over-the- road bus operator under this section; and (B) to approve or disapprove each submis- sion on an individual basis. (j) Periodic evaluation by over-the-road bus pro- vider required (1) Submission of evaluation Not later than 3 years after the date on which a vulnerability assessment or security plan required to be submitted to the Secretary under subsection (c) is approved, and at least once every 5 years thereafter (or on such a schedule as the Secretary may establish by regulation), an over-the-road bus operator who submitted a vulnerability assessment and se- curity plan and who is still assigned to the high-risk tier shall also submit to the Sec- retary an evaluation of the adequacy of the vulnerability assessment and security plan that includes a description of any material changes made to the vulnerability assessment or security plan. (2) Review of evaluation Not later than 180 days after the date on which an evaluation is submitted, the Sec- retary shall review the evaluation and notify the over-the-road bus operator submitting the evaluation of the Secretary’s approval or dis- approval of the evaluation. (k) Shared facilities The Secretary may permit under this section the development and implementation of coordi- nated vulnerability assessments and security plans to the extent that an over-the-road bus op- erator shares facilities with, or is colocated with, other transportation entities or providers that are required to develop vulnerability as- sessments and security plans under Federal law. (l) Nondisclosure of information (1) Submission of information to Congress Nothing in this section shall be construed as authorizing the withholding of any informa- tion from Congress. (2) Disclosure of independently furnished in- formation Nothing in this section shall be construed as affecting any authority or obligation of a Fed- eral agency to disclose any record or informa- tion that the Federal agency obtains from an over-the-road bus operator under any other Federal law. (Pub. L. 110–53, title XV, § 1531, Aug. 3, 2007, 121 Stat. 454.) § 1182. Over-the-road bus security assistance (a) In general The Secretary shall establish a program for making grants to eligible private operators pro- viding transportation by an over-the-road bus for security improvements described in sub- section (b). (b) Uses of funds A recipient of a grant received under sub- section (a) shall use the grant funds for one or more of the following: (1) Constructing and modifying terminals, garages, and facilities, including terminals and other over-the-road bus facilities owned by State or local governments, to increase their security. (2) Modifying over-the-road buses to increase their security. (3) Protecting or isolating the driver of an over-the-road bus. (4) Acquiring, upgrading, installing, or oper- ating equipment, software, or accessorial serv- ices for collection, storage, or exchange of pas- senger and driver information through ticketing systems or other means and for in- formation links with government agencies, for security purposes. (5) Installing cameras and video surveillance equipment on over-the-road buses and at ter- minals, garages, and over-the-road bus facili- ties. (6) Establishing and improving an emer- gency communications system linking drivers and over-the-road buses to the recipient’s op- erations center or linking the operations cen- ter to law enforcement and emergency per- sonnel. (7) Implementing and operating passenger screening programs for weapons and explo- sives. (8) Public awareness campaigns for enhanced over-the-road bus security. (9) Operating and capital costs associated with over-the-road bus security awareness, preparedness, and response training, including training under section 1184 of this title and training developed by institutions of higher education and by nonprofit employee labor or- ganizations, for over-the-road bus employees, including frontline employees. (10) Chemical, biological, radiological, or ex- plosive detection, including canine patrols for such detection. Page 483 TITLE 6—DOMESTIC SECURITY § 1183 1 See References in Text note below. (11) Overtime reimbursement, including re- imbursement of State, local, and tribal gov- ernments for costs, for enhanced security per- sonnel assigned to duties related to over-the- road bus security during periods of high or se- vere threat levels, National Special Security Events, or other periods of heightened secu- rity as determined by the Secretary. (12) Live or simulated exercises, including those described in section 1183 of this title. (13) Operational costs to hire, train, and em- ploy police and security officers, including ca- nine units, assigned to full-time security or counterterrorism duties related to over-the- road bus transportation, including reimburse- ment of State, local, and tribal government costs for such personnel. (14) Development of assessments or security plans under section 1181 of this title. (15) Such other improvements as the Sec- retary considers appropriate. (c) Due consideration In making grants under this section, the Sec- retary shall prioritize grant funding based on se- curity risks to bus passengers and the ability of a project to reduce, or enhance response to, that risk, and shall not penalize private operators of over-the-road buses that have taken measures to enhance over-the-road bus transportation secu- rity prior to September 11, 2001. (d) Department of Homeland Security respon- sibilities In carrying out the responsibilities under sub- section (a), the Secretary shall— (1) determine the requirements for recipients of grants under this section, including applica- tion requirements; (2) select grant recipients; (3) award the funds authorized by this sec- tion based on risk, as identified by the plans required under section 1181 of this title or as- sessment or plan described in subsection (f)(2); and (4) pursuant to subsection (c), establish pri- orities for the use of funds for grant recipi- ents. (e) Distribution of grants Not later than 90 days after August 3, 2007, the Secretary and the Secretary of Transportation shall determine the most effective and efficient way to distribute grant funds to the recipients of grants determined by the Secretary under subsection (a). Subject to the determination made by the Secretaries, the Secretary may transfer funds to the Secretary of Transpor- tation for the purposes of disbursing funds to the grant recipient. (f) Eligibility (1) A private operator providing transpor- tation by an over-the-road bus is eligible for a grant under this section if the operator has com- pleted a vulnerability assessment and developed a security plan that the Secretary has approved under section 1181 of this title. Grant funds may only be used for permissible uses under sub- section (b) to further an over-the-road bus secu- rity plan. (2) Notwithstanding the requirements for eli- gibility and uses in paragraph (1), prior to the earlier of 1 year after the date of issuance of final regulations requiring vulnerability assess- ments and security plans under section 1181 of this title or 3 years after August 3, 2007, the Sec- retary may award grants under this section for over-the-road bus security improvements listed under subsection (b) based upon over-the-road bus vulnerability assessments and security plans that the Secretary deems are sufficient for the purposes of this section but have not been approved by the Secretary in accordance with section 1181 of this title. (g) Subject to certain terms and conditions Except as otherwise specifically provided in this section, a grant made under this section shall be subject to the terms and conditions ap- plicable to subrecipients who provide over-the- road bus transportation under section 5311(f) of title 49 and such other terms and conditions as are determined necessary by the Secretary. (h) Limitation on uses of funds A grant made under this section may not be used to make any State or local government cost-sharing contribution under any other Fed- eral law. (i) Annual reports Each recipient of a grant under this section shall report annually to the Secretary and on the use of such grant funds. (j) Consultation In carrying out this section, the Secretary shall consult with over-the-road bus operators and nonprofit employee labor organizations rep- resenting over-the-road bus employees, public safety and law enforcement officials. (k) Authorization (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 make grants under this section— (A) $12,000,000 for fiscal year 2008; (B) $25,000,000 for fiscal year 2009; (C) $25,000,000 for fiscal year 2010; and (D) $25,000,000 for fiscal year 2011. (2) Period of availability Sums appropriated to carry out this section shall remain available until expended. (Pub. L. 110–53, title XV, § 1532, Aug. 3, 2007, 121 Stat. 457.) Editorial Notes REFERENCES IN TEXT Section 114(w) of title 49, referred to in subsec. (k)(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. § 1183. Over-the-road bus exercises (a) In general The Secretary shall establish a program for conducting security exercises for over-the-road bus transportation for the purpose of assessing and improving the capabilities of entities de-