Public Law 110-53, Section 1532

AUTHENTICATE0(j
U.S. GOVERNMENT
INFORMATION

GPO

PUBLIC LAW nO-53-AUG. 3,2007

IMPLEMENTING RECOMMENDATIONS OF THE

9/11 COMMISSION ACT OF 2007

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 269

Sec. 1528. Railroad preemption clarification.

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1531.
1532.
1533.
1534.
1535.
1536.
1537.
1538.
1539.
1540.
1541.
1542.

Subtitle C-Over-the-Road Bus and Trucking Security
Over-the-road bus security assessments and plans.
Over-the-road bus security assistance.
Over-the-road bus exercises.
Over-the-road bus security training program.
Over-the-road bus security research and development.
Motor carrier employee protections.
Unified carrier registration system agreement.
School bus transportation security.
Technical amendment.
Truck security assessment.
Memorandum of understanding annex.
DHS Inspector General report on trucking security grant program.

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1551.
1552.
1553.
1554.
1555.
1556.
1557.
1558.

Subtitle D-Hazardous Material and Pipeline Security
Railroad routing of security-sensitive materials.

Railroad security-sensitive material tracking.

Hazardous materials highway routing.

Motor carrier security-sensitive material tracking.

Hazardous materials security inspections and study.

Technical corrections.

Pipeline security inspections and enforcement.

Pipeline security and incident recovery plan.

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1601.
1602.
1603.
1604.
1605.

Sec. 1606.
Sec. 1607.
Sec. 1608.
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1609.
1610.
1611.
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1614.
1615.
1616.
1617.
1618.

TITLE XVI-AVlATION
Airport checkpoint screening fund.

Screening of cargo carried aboard passenger aircraft.

In-line baggage screening.

In-line baggage system deployment.

Strategic plan to test and implement advanced passenger prescreening

system.
Appeal and redress process for passengers wrongly delayed or prohibited
from boarding a flight.
Strengthening explosives detection at passenger screening checkpoints.
Research and development of aviation transportation security tech­
nology.
Blast-resistant cargo containers.
Protection of passenger planes from explosives.
Specialized training.
Certain TSA personnel limitations not to apply.
Pilot I?roject to test different technologies at airport exit lanes.
Secunty credentials for airline crews.
Law enforcement officer biometric credential.
Repair station security.
General aviation security.
Extension of authorization of aviation security funding.

TITLE XVII-MARITIME CARGO

Sec. 1701. Container scanning and seals.

TITLE XVIII-PREVENTING WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM
Sec. 1801. Findings.
Sec. 1802. Definitions.
Subtitle A-Repeal and Modification of Limitations on Assistance for Prevention of
WMD Proliferation and Terrorism
Sec. 1811. Repeal and modification of limitations on assistance for prevention of
weapons of mass destruction proliferation and terrorism.
Subtitle B-Proliferation Security Initiative
Sec. 1821. Proliferation Security Initiative improvements and authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.
Subtitle C-Assistance to Accelerate Programs to Prevent Weapons of Mass
Destruction Proliferation and Terrorism
Sec. 1831. Statement of policy.

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 457

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.­
(ll 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.
(2l 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 vulner­
ability 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.
(I) NONDISCLOSURE OF INFORMATION.­
(1) SUBMISSION OF INFORl\1ATION TO CONGRESS.-Nothing
in this section shall be construed as authorizing the withholding
of any information from Congress.
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMA­
TION.-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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SEC. 1532. 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 facili­
ties owned by State or local governments, to increase their
security.

Deadlines.

6 USC 1182.

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 458

(2) Modifying over-the-road buses to increase t eir security.
(3) Protecting or isolating the driver of an over-the-road
bus.

Grants.

(4) Acquiring, upgrading, installing, or operating equip­
ment, 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 communica­
tions 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 pro­
grams 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, a d response
training, including training under section 1534 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 detec­
tion, including canine patrols for such detection.
(ll) 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 section 1533.
(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
section 1531.
(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 Sec­
retary shall­
(1) determine the requirements for recipients of grants
under this section, including application requirements;
(2) select grant recipients;

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 459

(3) award the funds authorized by this section based on

risk, as identified by the plans required under section 1531

or assessment or plan described in subsection (f)(2); and

(4) pursuant to subsection (c), establish priorities for the
use offunds for grant recipients.
(e) DISTRIBUTION OF GRANTS.-Not later than 90 days after
the date of enactment of this Act, 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 devel­

oped a security plan that the Secretary has approved under

section 1531. Grant funds may only be used for permissible

uses under subsection (b) to further an over-the-road bus secu­

rity 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 1531 or 3 years

after the date of enactment of this Act, 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 accord­

ance with section 1531.

(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
section 531l(f) of title 49, United States Code, 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, United States Code, as amended

by section 1503 of this Act, 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.

Deadline.

121 STAT. 460

PUBLIC LAW 1l0-53-AUG. 3, 2007
(2) PERIOD OF AVAlLABILITY.-Sums appropriated to carry
out this section shall remain available until expended.

6 USC 1183.

SEC. 1533. 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 enti­
ties described in subsection (b) to prevent, prepare for, mitigate,
respond to, and recover from acts of terrorism.
(b) COVERED ENTITJES.-Entities to be assessed under the pro­
gram shall include­
(1) Federal, State, and local agencies and tribal govern­
ments;
(2) over-the-road bus operators and over-the-road bus ter­
minal owners and operators;
(3)
governmental and nongovernmental emergency
response providers and law enforcement agencies; and
(4) any other organization or entity that t e Secretary
determines appropriate.
.
(c) REQUIREMENTs.-The Secretary shall enSlU'e 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 appro­
priate;
(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 front­
line employees; and
(F) consistent with the National Incident Management
System, the National Response Plan, the National Infra­
structure Protection Plan, the National Preparedness Guid­
ance, 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 con­
sistent performance measures;
(B) assessed by the Secretary to identify best practices,
which shall be shared, as appropriate, with operators pro­
viding 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