6 U.S.C. § 1181 — Over-the-road bus security assessments

Page 480 TITLE 6—DOMESTIC SECURITY § 1172 (2) utilize data collected and maintained by the Secretary of Transportation in the tar- geting of high-risk cargo identified under paragraph (1); and (3) analyze the data provided in this sub- section to identify high-risk cargo for inspec- tion. (c) Report to Congress Not later than September 30, 2008, the Sec- retary shall transmit to the appropriate con- gressional committees a report that describes the progress of the system being developed under subsection (a). (d) Definitions In this section: (1) International supply chain The term ‘‘international supply chain’’ means the end-to-end process for shipping goods to or from the United States, beginning at the point of origin (including manufacturer, supplier, or vendor) through a point of dis- tribution to the destination. (2) Radiation detection equipment The term ‘‘radiation detection equipment’’ means any technology that is capable of de- tecting or identifying nuclear and radiological material or nuclear and radiological explosive devices. (3) Inspection The term ‘‘inspection’’ means the com- prehensive process used by Customs and Bor- der Protection to assess goods entering the United States to appraise them for duty pur- poses, to detect the presence of restricted or prohibited items, and to ensure compliance with all applicable laws. (Pub. L. 110–53, title XV, § 1524, Aug. 3, 2007, 121 Stat. 451.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Domestic Nuclear Detection Office deemed to be a reference to the Countering Weapons of Mass Destruction Office, see section 2(b)(1)(A) of Pub. L. 115–387, set out as a note under section 591 of this title. § 1172. Railroad security enhancements; Model State legislation Not later than November 2, 2007, the Secretary of Transportation shall develop and make avail- able to States model legislation to address the problem of entities that claim to be railroad carriers in order to establish and run a police force when the entities do not in fact provide railroad transportation. In developing the model State legislation the Secretary shall solicit the input of the States, railroads carriers, and rail- road carrier employees. The Secretary shall re- view and, if necessary, revise such model State legislation periodically. (Pub. L. 110–53, title XV, § 1526(b), Aug. 3, 2007, 121 Stat. 452.) PART C—OVER-THE-ROAD BUS AND TRUCKING SECURITY § 1181. Over-the-road bus security assessments and plans (a) In general Not later than 18 months after August 3, 2007, the Secretary shall issue regulations that— (1) require each over-the-road bus operator assigned to a high-risk tier under this sec- tion— (A) to conduct a vulnerability assessment in accordance with subsections (c) and (d); and (B) to prepare, submit to the Secretary for approval, and implement a security plan in accordance with subsection (e); and (2) establish standards and guidelines for de- veloping and implementing the vulnerability assessments and security plans for carriers as- signed to high-risk tiers consistent with this section. (b) Non high-risk programs The Secretary may establish a security pro- gram for over-the-road bus operators not as- signed to a high-risk tier, including— (1) guidance for such operators in conducting vulnerability assessments and preparing and implementing security plans, as determined appropriate by the Secretary; and (2) a process to review and approve such as- sessments and plans, as appropriate. (c) Deadline for submission Not later than 9 months after the date of issuance of the regulations under subsection (a), the vulnerability assessments and security plans required by such regulations for over-the-road bus operators assigned to a high-risk tier shall be completed and submitted to the Secretary for review and approval. (d) Vulnerability assessments (1) Requirements The Secretary shall provide technical assist- ance and guidance to over-the-road bus opera- tors in conducting vulnerability assessments under this section and shall require that each vulnerability assessment of an operator as- signed to a high-risk tier under this section includes, as appropriate— (A) identification and evaluation of crit- ical assets and infrastructure, including platforms, stations, terminals, and informa- tion systems; (B) identification of the vulnerabilities to those assets and infrastructure; and (C) identification of weaknesses in— (i) physical security; (ii) passenger and cargo security; (iii) the security of programmable elec- tronic devices, computers, or other auto- mated systems which are used in providing over-the-road bus transportation; (iv) alarms, cameras, and other protec- tion systems; (v) communications systems and utili- ties needed for over-the-road bus security purposes, including dispatching systems; (vi) emergency response planning; Page 481 TITLE 6—DOMESTIC SECURITY § 1181 (vii) employee training; and (viii) such other matters as the Sec- retary determines appropriate. (2) Threat information The Secretary shall provide in a timely manner to the appropriate employees of an over-the-road bus operator, as designated by the over-the-road bus operator, threat infor- mation that is relevant to the operator when preparing and submitting a vulnerability as- sessment and security plan, including an as- sessment of the most likely methods that could be used by terrorists to exploit weak- nesses in over-the-road bus security. (e) Security plans (1) Requirements The Secretary shall provide technical assist- ance and guidance to over-the-road bus opera- tors in preparing and implementing security plans under this section and shall require that each security plan of an over-the-road bus op- erator assigned to a high-risk tier under this section includes, as appropriate— (A) the identification of a security coordi- nator having authority— (i) to implement security actions under the plan; (ii) to coordinate security improve- ments; and (iii) to receive communications from ap- propriate Federal officials regarding over- the-road bus security; (B) a list of needed capital and operational improvements; (C) procedures to be implemented or used by the over-the-road bus operator in re- sponse to a terrorist attack, including evac- uation and passenger communication plans that include individuals with disabilities, as appropriate; (D) the identification of steps taken with State and local law enforcement agencies, emergency responders, and Federal officials to coordinate security measures and plans for response to a terrorist attack; (E) a strategy and timeline for conducting training under section 1184 of this title; (F) enhanced security measures to be taken by the over-the-road bus operator when the Secretary declares a period of heightened security risk; (G) plans for providing redundant and backup systems required to ensure the con- tinued operation of critical elements of the over-the-road bus operator’s system in the event of a terrorist attack or other incident; and (H) such other actions or procedures as the Secretary determines are appropriate to ad- dress the security of over-the-road bus oper- ators. (2) Security coordinator requirements The Secretary shall require that the indi- vidual serving as the security coordinator identified in paragraph (1)(A) is a citizen of the United States. The Secretary may waive this requirement with respect to an individual if the Secretary determines that it is appro- priate to do so based on a background check of the individual and a review of the consolidated terrorist watchlist. (f) Deadline for review process Not later than 6 months after receiving the as- sessments and plans required under this section, the Secretary shall— (1) review each vulnerability assessment and security plan submitted to the Secretary in accordance with subsection (c); (2) require amendments to any security plan that does not meet the requirements of this section; and (3) approve any vulnerability assessment or security plan that meets the requirements of this section. (g) Interim security measures The Secretary may require over-the-road bus operators, during the period before the deadline established under subsection (c), to submit a se- curity plan to implement any necessary interim security measures essential to providing ade- quate security of the over-the-road bus opera- tor’s system. An interim plan required under this subsection shall be superseded by a plan re- quired under subsection (c). (h) Tier assignment The Secretary shall assign each over-the-road bus operator to a risk-based tier established by the Secretary: (1) Provision of information The Secretary may request, and an over-the- road bus operator shall provide, information necessary for the Secretary to assign an over- the-road bus operator to the appropriate tier under this subsection. (2) Notification Not later than 60 days after the date an over-the-road bus operator is assigned to a tier under this section, the Secretary shall notify the operator of the tier to which it is assigned and the reasons for such assignment. (3) High-risk tiers At least one of the tiers established by the Secretary under this section shall be a tier designated for high-risk over-the-road bus op- erators. (4) Reassignment The Secretary may reassign an over-the- road bus operator to another tier, as appro- priate, in response to changes in risk and the Secretary shall notify the over-the-road bus operator within 60 days after such reassign- ment and provide the operator with the rea- sons for such reassignment. (i) Existing procedures, protocols, and standards (1) Determination In response to a petition by an over-the-road bus operator or at the discretion of the Sec- retary, the Secretary may determine that ex- isting procedures, protocols, and standards meet all or part of the requirements of this section regarding vulnerability assessments and security plans. (2) Election Upon review and written determination by the Secretary that existing procedures, proto- 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.