548 
a contractor or subcontractor of a railroad carrier from knowingly misrepre-
senting to an employee or other relevant person, including an arbiter in-
volved in a labor arbitration, the scope, application, or meaning of rules, 
regulations, directives, or guidance issued by the Secretary related to secu-
rity background check requirements for covered individuals when conducting 
a security background check. 
(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall be 
construed to abridge a railroad carrier’s or a contractor or subcontractor 
of a railroad carrier’s rights or responsibilities to make adverse employment 
decisions permitted by other Federal, State, or local laws. Nothing in this 
section shall be construed to abridge rights and responsibilities of covered 
individuals, a railroad carrier, or a contractor or subcontractor of a railroad 
carrier, under other Federal, State, or local laws or under a collective bar-
gaining agreement. 
(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in this sec-
tion shall be construed to preempt a Federal, State, or local law that re-
quires criminal history background checks, immigration status checks, or 
other background checks, of covered individuals. 
(h) PROCESS FOR REVIEW NOT AFFECTED.—Nothing in this section 
shall be construed to affect the process for review established under section 
70105(c) of title 46, including regulations issued under that section. 
§ 40720. International railroad security program 
(a) DEFINITIONS.—In this section: 
(1) INSPECTION.—The term ‘‘inspection’’ means the comprehensive 
process used by U.S. Customs and Border Protection to assess goods 
entering the United States to appraise them for duty purposes, to de-
tect the presence of restricted or prohibited items, and to ensure com-
pliance with all applicable laws. 
(2) INTERNATIONAL SUPPLY CHAIN.—The term ‘‘international sup-
ply chain’’ means the end-to-end process for shipping goods to or from 
the United States, beginning at the point of origin (including manufac-
turer, supplier, or vendor) through a point of distribution to the des-
tination. 
(3) RADIATION DETECTION EQUIPMENT.—The term ‘‘radiation de-
tection equipment’’ means technology that is capable of detecting or 
identifying nuclear and radiological material or nuclear and radiological 
explosive devices. 
(b) IN GENERAL.— 
(1) DETECTION SYSTEM.—The Secretary shall develop a system to 
detect both undeclared passengers and contraband, with a primary 
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focus on the detection of nuclear and radiological materials entering 
the United States by railroad. 
(2) SYSTEM REQUIREMENTS.—In developing the system under para-
graph (1), the Secretary may, in consultation with the Domestic Nu-
clear Detection Office, U.S. Customs and Border Protection, and 
Transportation Security Administration— 
(A) deploy radiation detection equipment and nonintrusive im-
aging equipment at locations where railroad shipments cross an 
international border to enter the United States; 
(B) consider the integration of radiation detection technologies 
with other nonintrusive inspection technologies where feasible; 
(C) ensure appropriate training, operations, and response proto-
cols are established for Federal, State, and local personnel; 
(D) implement alternative procedures to check railroad ship-
ments at locations where the deployment of nonintrusive inspection 
imaging equipment is determined to not be practicable; 
(E) ensure, to the extent practicable, that the technologies de-
ployed can detect terrorists or weapons, including weapons of mass 
destruction; and 
(F) take other actions, as appropriate, to develop the system. 
(c) ADDITIONAL INFORMATION.—The Secretary shall— 
(1) identify and seek the submission of additional data elements for 
improved high-risk targeting related to the movement of cargo through 
the international supply chain utilizing a railroad prior to importation 
into the United States; 
(2) utilize data collected and maintained by the Secretary of Trans-
portation in the targeting of high-risk cargo identified under paragraph 
(1); and 
(3) analyze the data provided in this subsection to identify high-risk 
cargo for inspection. 
Subchapter III—Over-the-Road Bus 
Security 
§ 40731. Assessments and plans 
(a) IN GENERAL.—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 under subsections (c) 
and (d); and 
(B) to prepare, submit to the Secretary for approval, and imple-
ment a security plan under subsection (e); and 
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(2) establish standards and guidelines for developing and imple-
menting 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, in-
cluding— 
(1) guidance for operators in conducting vulnerability assessments 
and preparing and implementing security plans, as determined appro-
priate by the Secretary; and 
(2) a process to review and approve the assessments and plans, as 
appropriate. 
(c) SUBMISSION OF ASSESSMENTS AND SECURITY PLANS.—The vulner-
ability assessments and security plans required by the 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 operators in conducting vulner-
ability assessments under this section and shall require that each vul-
nerability assessment of an operator assigned to a high-risk tier under 
this section includes, as appropriate— 
(A) identification and evaluation of critical assets and infra-
structure, including platforms, stations, terminals, and information 
systems; 
(B) identification of the vulnerabilities to those assets and infra-
structure; and 
(C) identification of weaknesses in— 
(i) physical security; 
(ii) passenger and cargo security; 
(iii) the security of programmable electronic devices, com-
puters, or other automated systems which are used in pro-
viding 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) other matters 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 
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that is relevant to the operator when preparing and submitting a vul-
nerability assessment and security plan, including an assessment 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 operators in preparing and im-
plementing 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 author-
ity— 
(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 ter-
rorist attack; 
(E) a strategy and timeline for conducting training under sec-
tion 40734 of this title; 
(F) enhanced security measures to be taken by the over-the- 
road bus operator when the Secretary declares a period of height-
ened 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) other actions or procedures 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 Sec-
retary determines that it is appropriate to do so based on a background 
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check of the individual and a review of the consolidated terrorist 
watchlist. 
(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months after re-
ceiving the assessments and plans required under this section, the Secretary 
shall— 
(1) review each vulnerability assessment and security plan submitted 
to the Secretary under subsection (c); 
(2) require amendments to a security plan that does not meet the 
requirements of this section; and 
(3) approve a vulnerability assessment or security plan that meets 
the requirements of this section. 
(g) TIER ASSIGNMENT.— 
(1) IN GENERAL.—The Secretary shall assign each over-the-road bus 
operator to a risk-based tier established by the Secretary. 
(2) PROVIDING 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. 
(3) NOTIFICATION.—Not later than 60 days after the date an over- 
the-road bus operator is assigned to a tier under this section, the Sec-
retary shall notify the operator of the tier to which it is assigned and 
the reasons for the assignment. 
(4) 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. 
(5) 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 with-
in 60 days after the reassignment and provide the operator with the 
reasons for the reassignment. 
(h) 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 as-
sessments and security plans. 
(2) ELECTION.—On review and written determination by the Sec-
retary 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. 
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(3) PARTIAL APPROVAL.—If the Secretary determines that the exist-
ing procedures, protocols, or standards of an over-the-road bus oper-
ator satisfy only part of the requirements of this section, the Secretary 
may accept a submission, but shall require submission by the operator 
of 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 ex-
isting procedures, protocols, or standards of an over-the-road bus oper-
ator under this subsection do not satisfy the requirements of this sec-
tion, the Secretary shall provide to the operator a written notification 
that includes an explanation of the reasons for non-acceptance. 
(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. 
(i) PERIODIC EVALUATION
BY OVER-THE-ROAD BUS PROVIDER RE-
QUIRED.— 
(1) SUBMISSION.—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 another schedule the Secretary may establish 
by regulation), an over-the-road bus operator who submitted a vulner-
ability 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 in-
cludes a description of material changes made to the vulnerability as-
sessment or security plan. 
(2) REVIEW.—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. 
(j) SHARED FACILITIES.—The Secretary may permit under this section 
the development and implementation of coordinated vulnerability assess-
ments and security plans to the extent that an over-the-road bus operator 
shares facilities with, or is co-located with, other transportation entities or 
providers that are required to develop vulnerability assessments and security 
plans under Federal law. 
(k) NONDISCLOSURE OF INFORMATION.— 
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(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing in this 
section shall be construed as authorizing the withholding of information 
from Congress. 
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.— 
Nothing in this section shall be construed as affecting the authority or 
obligation of a Federal agency to disclose a record or information that 
the Federal agency obtains from an over-the-road bus operator under 
any other Federal law. 
§ 40732. 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, in-
cluding 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, soft-
ware, or accessorial services for collection, storage, or exchange of pas-
senger 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 sys-
tem linking drivers and over-the-road buses to the recipient’s oper-
ations 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 se-
curity. 
(9) Operating and capital costs associated with over-the-road bus se-
curity awareness, preparedness, and response training, including train-
ing under section 40734 of this title and training developed by institu-
tions of higher education and by nonprofit employee labor organiza-
tions, for over-the-road bus employees, including frontline employees. 
(10) Chemical, biological, radiological, or explosive detection, includ-
ing canine patrols for detection. 
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(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 section 
40733 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-road bus transportation, in-
cluding reimbursement of State, local, and tribal government costs for 
the personnel. 
(14) Development of assessments or security plans under section 
40731 of this title. 
(15) Other improvements the Secretary considers appropriate. 
(c) DUE CONSIDERATION.—In making grants under this section, the Sec-
retary shall prioritize grant funding based on security risks to bus pas-
sengers 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 
took measures to enhance over-the-road bus transportation security prior to 
September 11, 2001. 
(d) SECRETARY’S 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 40731 of this title or an 
assessment or plan described in subsection (f)(2); and 
(4) under subsection (c), establish priorities for the use of funds for 
grant recipients. 
(e) DISTRIBUTION OF GRANTS.—The Secretary and the Secretary of 
Transportation shall determine the most effective and efficient way to dis-
tribute 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) IN GENERAL.—A private operator providing transportation by an 
over-the-road bus is eligible for a grant under this section if the oper-
ator has completed a vulnerability assessment and developed a security 
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plan that the Secretary has approved under section 40731 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) INTERIM ELIGIBILITY.—Notwithstanding the requirements for 
eligibility and uses in paragraph (1), the Secretary may award grants 
under this section for over-the-road bus security improvements listed 
under subsection (b) based on over-the-road bus vulnerability assess-
ments and security plans that the Secretary considers sufficient for the 
purposes of this section but have not been approved by the Secretary 
under section 40731 of this title 
(g) GRANT 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 5311(f) of title 49 and other terms and 
conditions that the Secretary determines are necessary. 
(h) LIMITATION ON USES OF FUNDS.—A grant made under this section 
may not be used to make a State or local government cost-sharing contribu-
tion under any other Federal law. 
(i) ANNUAL REPORTS.—Each recipient of a grant under this section shall 
report annually to the Secretary on the use of the grant funds. 
(j) CONSULTATION.—In carrying out this section, the Secretary shall con-
sult with over-the-road bus operators and nonprofit employee labor organi-
zations representing over-the-road bus employees and public safety and law 
enforcement officials. 
§ 40733. Exercises 
(a) IN GENERAL.—The Secretary shall establish a program for con-
ducting security exercises for over-the-road bus transportation for the pur-
pose of assessing and improving the capabilities of entities described in sub-
section (b) to prevent, prepare for, mitigate, respond to, and recover from 
acts of terrorism. 
(b) COVERED ENTITIES.—Entities to be assessed under the program in-
clude— 
(1) Federal, State, and local agencies and tribal governments; 
(2) over-the-road bus operators and over-the-road bus terminal own-
ers and operators; 
(3) governmental and nongovernmental emergency response pro-
viders and law enforcement agencies; and 
(4) other organizations or entities that the Secretary determines ap-
propriate. 
(c) REQUIREMENTS.—The Secretary shall ensure that the program— 
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