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 section—
(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 developing and implementing the vulnerability assessments and security plans for carriers assigned to high-risk tiers consistent with this section.
(b) Non high-risk programs
The Secretary may establish a security program for over-the-road bus operators not assigned 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 assessments 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 assistance and guidance to over-the-road bus operators in conducting vulnerability assessments under this section and shall require that each vulnerability assessment of an operator assigned to a high-risk tier under this section includes, as appropriate—
(A) identification and evaluation of critical assets and infrastructure, including platforms, stations, terminals, and information 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 electronic devices, computers, or other automated systems which are used in providing over-the-road bus transportation;
(iv) alarms, cameras, and other protection systems;
(v) communications systems and utilities needed for over-the-road bus security purposes, including dispatching systems;
(vi) emergency response planning;
(vii) employee training; and
(viii) such other matters as the Secretary 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 information that is relevant to the operator when preparing and submitting a vulnerability assessment and security plan, including an assessment of the most likely methods that could be used by terrorists to exploit weaknesses in over-the-road bus security.
(e) Security plans
(1) Requirements
The Secretary shall provide technical assistance and guidance to over-the-road bus operators in preparing and implementing security plans under this section and shall require that each security plan of an over-the-road bus operator assigned to a high-risk tier under this section includes, as appropriate—
(A) the identification of a security coordinator having authority—
(i) to implement security actions under the plan;
(ii) to coordinate security improvements; and
(iii) to receive communications from appropriate 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 response to a terrorist attack, including evacuation 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
(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 continued 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 address the security of over-the-road bus operators.
(2) Security coordinator requirements
The Secretary shall require that the individual 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 appropriate 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 assessments 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 security plan to implement any necessary interim security measures essential to providing adequate security of the over-the-road bus operator's system. An interim plan required under this subsection shall be superseded by a plan required 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 operators.
(4) Reassignment
The Secretary may reassign an over-the-road bus operator to another tier, as appropriate, in response to changes in risk and the Secretary shall notify the over-the-road bus operator within 60 days after such reassignment and provide the operator with the reasons 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 Secretary, the Secretary may determine that existing 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, protocols, or standards of an over-the-road bus operator 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 existing procedures, protocols, or standards of an over-the-road bus operator satisfy only part of the requirements of this section, the Secretary may accept such submission, but shall require submission by the operator of any additional information relevant to the vulnerability assessment and security plan of the operator to ensure that the remaining requirements 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 subsection do not satisfy the requirements of this section, the Secretary shall provide to the operator 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 submission on an individual basis.
(j) Periodic evaluation by over-the-road bus provider 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 security plan and who is still assigned to the high-risk tier shall also submit to the Secretary 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 Secretary shall review the evaluation and notify the over-the-road bus operator submitting the evaluation of the Secretary's approval or disapproval of the evaluation.
(k) Shared facilities
The Secretary may permit under this section the development and implementation of coordinated vulnerability assessments and security plans to the extent that an over-the-road bus operator shares facilities with, or is colocated with, other transportation entities or providers that are required to develop vulnerability assessments 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 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 to disclose any record or information that the Federal agency obtains from an over-the-road bus operator under any other Federal law.
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§1182. Over-the-road bus security assistance
(a) In general
The Secretary shall establish a program for making grants to eligible private operators providing transportation by an over-the-road bus for security improvements described in subsection (b).
(b) Uses of funds
A recipient of a grant received under subsection (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 operating equipment, software, or accessorial services for collection, storage, or exchange of passenger and driver information through ticketing systems or other means and for information links with government agencies, for security purposes.
(5) Installing cameras and video surveillance equipment on over-the-road buses and at terminals, garages, and over-the-road bus facilities.
(6) Establishing and improving an emergency communications system linking drivers and over-the-road buses to the recipient's operations center or linking the operations center to law enforcement and emergency personnel.
(7) Implementing and operating passenger screening programs for weapons and explosives.
(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
(10) Chemical, biological, radiological, or explosive detection, including canine patrols for such detection.
(11) Overtime reimbursement, including reimbursement of State, local, and tribal governments for costs, for enhanced security personnel assigned to duties related to over-the-road bus security during periods of high or severe threat levels, National Special Security Events, or other periods of heightened security as determined by the Secretary.
(12) Live or simulated exercises, including those described in
(13) Operational costs to hire, train, and employ police and security officers, including canine units, assigned to full-time security or counterterrorism duties related to over-the-road bus transportation, including reimbursement of State, local, and tribal government costs for such personnel.
(14) Development of assessments or security plans under
(15) Such other improvements as the Secretary considers appropriate.
(c) Due consideration
In making grants under this section, the Secretary shall prioritize grant funding based on security 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 security prior to September 11, 2001.
(d) Department of Homeland Security responsibilities
In carrying out the responsibilities under subsection (a), the Secretary shall—
(1) determine the requirements for recipients of grants under this section, including application requirements;
(2) select grant recipients;
(3) award the funds authorized by this section based on risk, as identified by the plans required under
(4) pursuant to subsection (c), establish priorities for the use of funds for grant recipients.
(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 Transportation for the purposes of disbursing funds to the grant recipient.
(f) Eligibility
(1) A private operator providing transportation by an over-the-road bus is eligible for a grant under this section if the operator has completed a vulnerability assessment and developed a security plan that the Secretary has approved under
(2) Notwithstanding the requirements for eligibility and uses in paragraph (1), prior to the earlier of 1 year after the date of issuance of final regulations requiring vulnerability assessments and security plans under
(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 applicable to subrecipients who provide over-the-road bus transportation under
(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 Federal 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 representing 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.
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Editorial Notes
References in Text
1 See References in Text note below.
§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 described in subsection (b) to prevent, prepare for, mitigate, respond to, and recover from acts of terrorism.
(b) Covered entities
Entities to be assessed under the program shall include—
(1) Federal, State, and local agencies and tribal governments;
(2) over-the-road bus operators and over-the-road bus terminal owners and operators;
(3) governmental and nongovernmental emergency response providers and law enforcement agencies; and
(4) any other organization or entity that the Secretary determines appropriate.
(c) Requirements
The Secretary shall ensure that the program—
(1) consolidates existing security exercises for over-the-road bus operators and terminals administered by the Department and the Department of Transportation, as jointly determined by the Secretary and the Secretary of Transportation, unless the Secretary waives this consolidation requirement, as appropriate;
(2) consists of exercises that are—
(A) scaled and tailored to the needs of the over-the-road bus operators and terminals, including addressing the needs of the elderly and individuals with disabilities;
(B) live, in the case of the most at-risk facilities to a terrorist attack;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences;
(E) inclusive, as appropriate, of over-the-road bus frontline employees; and
(F) consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such national initiatives;
(3) provides that exercises described in paragraph (2) will be—
(A) evaluated by the Secretary against clear and consistent performance measures;
(B) assessed by the Secretary to identify best practices, which shall be shared, as appropriate, with operators providing over-the-road bus transportation, nonprofit employee organizations that represent over-the-road bus employees, Federal, State, local, and tribal officials, governmental and nongovernmental emergency response providers, and law enforcement personnel; and
(C) used to develop recommendations, as appropriate, provided to over-the-road bus operators and terminal owners and operators on remedial action to be taken in response to lessons learned;
(4) allows for proper advanced notification of communities and local governments in which exercises are held, as appropriate; and
(5) assists State, local, and tribal governments and over-the-road bus operators and terminal owners and operators in designing, implementing, and evaluating additional exercises that conform to the requirements of paragraph (2).
(d) National Exercise Program
The Secretary shall ensure that the exercise program developed under subsection (c) is consistent with the National Exercise Program established under
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§1184. Over-the-road bus security training program
(a) In general
Not later than 6 months after August 3, 2007, the Secretary shall develop and issue regulations for an over-the-road bus training program to prepare over-the-road bus frontline employees for potential security threats and conditions. The regulations shall take into consideration any current security training requirements or best practices.
(b) Consultation
The Secretary shall develop regulations under subsection (a) in consultation with—
(1) appropriate law enforcement, fire service, emergency response, security, and terrorism experts;
(2) operators providing over-the-road bus transportation; and
(3) nonprofit employee labor organizations representing over-the-road bus employees and emergency response personnel.
(c) Program elements
The regulations developed under subsection (a) shall require security training programs, to include, at a minimum, elements to address the following, as applicable:
(1) Determination of the seriousness of any occurrence or threat.
(2) Driver and passenger communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of personal and other protective equipment.
(5) Evacuation procedures for passengers and over-the-road bus employees, including individuals with disabilities and the elderly.
(6) Psychology, behavior, and methods of terrorists, including observation and analysis.
(7) Training related to psychological responses to terrorist incidents, including the ability to cope with hijacker behavior and passenger responses.
(8) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures.
(9) Recognition and reporting of dangerous substances, suspicious packages, and situations.
(10) Understanding security incident procedures, including procedures for communicating with emergency response providers and for on-scene interaction with such emergency response providers.
(11) Operation and maintenance of security equipment and systems.
(12) Other security training activities that the Secretary considers appropriate.
(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 security training program under this subsection, the Secretary shall approve the program or require the over-the-road bus operator that developed the program to make any revisions to the program that the Secretary considers necessary for the program to meet the requirements of the regulations. An over-the-road bus operator shall respond to the Secretary's comments not later than 30 days after receiving them.
(3) Training
Not later than 1 year after the Secretary approves a security training program in accordance 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 operator 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 revisions
The Secretary shall periodically review and update, as appropriate, the training regulations 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 updated.
(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
(f) Reporting requirements
Not later than 2 years after the date of regulation issuance, the Secretary shall review implementation of the training program of a representative sample of over-the-road bus operators 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.
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§1185. Over-the-road bus security research and development
(a) Establishment of research and development program
The Secretary, acting through the Under Secretary for Science and Technology and the Administrator of the Transportation Security Administration, shall carry out a research and development 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, biological, and radioactive substances, including the development of technology to screen passengers in large numbers with minimal interference and disruption;
(2) to test new emergency response and recovery techniques and technologies, including those used at international borders;
(3) to develop improved technologies, including those for—
(A) emergency response training, including training in a tunnel environment, if appropriate; and
(B) security and redundancy for critical communications, electrical power, computer, and over-the-road bus control systems; 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 development program is consistent with the other transportation security research and development programs required by this Act;
(2) shall, to the extent practicable, coordinate the research and development activities of the Department with other ongoing research and development security-related initiatives, including research being conducted by—
(A) the Department of Transportation, including University Transportation Centers and other institutes, centers, and simulators funded by the Department of Transportation;
(B) the National Academy of Sciences;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies; and
(E) other Federal and private research laboratories, 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 development project authorized by this section through a reimbursable agreement with an appropriate 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 cooperative agreements, contracts, other transactions, or reimbursable agreements to the entities described in paragraph (2) and eligible recipients under
(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
(2) Privacy impact assessments
In accordance with
(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 expended.
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Editorial Notes
References in Text
This Act, referred to in subsec. (c)(1), is
1 See References in Text note below.
§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, governing the specific roles, delineations of responsibilities, resources, and commitments of the Department of Transportation and the Department of Homeland Security, respectively, in addressing motor carrier transportation security matters, including over-the-road bus security matters, and shall cover the processes the Departments will follow to promote communications, efficiency, and nonduplication of effort.
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