6 U.s.c. 1182

§ 1182

TITLE 6—DOMESTIC SECURITY

ability 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-theroad 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.

Page 260

(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 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 section 1184 of this title and
training developed by institutions of higher
education and by nonprofit employee labor organizations, for over-the-road bus employees,
including frontline employees.
(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-theroad 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 section 1183 of this title.
(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-

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TITLE 6—DOMESTIC SECURITY

road bus transportation, including reimbursement 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 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 section 1181 of this title or assessment or plan described in subsection (f)(2);
and
(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 section 1181 of this title. Grant funds may
only be used for permissible uses under subsection (b) to further an over-the-road bus security plan.
(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 section 1181 of
this title or 3 years after August 3, 2007, the Secretary 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

§ 1183

shall be subject to the terms and conditions applicable to subrecipients who provide over-theroad 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 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) 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.)
§ 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-theroad 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