6 U.S.C. § 1168 — Railroad security research and develop-

Page 476 TITLE 6—DOMESTIC SECURITY § 1168 (10) Understanding security incident proce- dures, including procedures for commu- nicating with governmental and nongovern- mental emergency response providers and for on-scene interaction with such emergency re- sponse 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 regulations under subsection (a), each railroad carrier shall develop a security train- ing program in accordance with this section and submit the program to the Secretary for approval. (2) Approval or disapproval Not later than 60 days after receiving a secu- rity training program proposal under this sub- section, the Secretary shall approve the pro- gram or require the railroad carrier that de- veloped the program to make any revisions to the program that the Secretary considers nec- essary for the program to meet the require- ments of this section. A railroad carrier shall respond to the Secretary’s comments within 30 days after receiving them. (3) Training Not later than 1 year after the Secretary ap- proves a security training program in accord- ance with this subsection, the railroad carrier that developed the program shall complete the training of all railroad frontline employees who were hired by a carrier more than 30 days preceding such date. For such employees em- ployed less than 30 days by a carrier preceding such date, training shall be completed within the first 60 days of employment. (4) Updates of regulations and program revi- sions The Secretary shall periodically review and update as appropriate the training regulations issued under subsection (a) to reflect new or changing security threats. Each railroad car- rier shall revise its training program accord- ingly and provide additional training as nec- essary to its frontline employees within a rea- sonable time after the regulations are up- dated. (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 section 748 of this title. (f) Reporting requirements Not later than 2 years after the date of regula- tion issuance, the Secretary shall review imple- mentation of the training program of a rep- resentative sample of railroad carriers and rail- road frontline employees, and report to the ap- propriate congressional committees on the num- ber of reviews conducted and the results of such reviews. The Secretary may submit the report in both classified and redacted formats as nec- essary. (g) Other employees The Secretary shall issue guidance and best practices for a railroad shipper employee secu- rity program containing the elements listed under subsection (c). (Pub. L. 110–53, title XV, § 1517, Aug. 3, 2007, 121 Stat. 439.) § 1168. Railroad security research and develop- ment (a) Establishment of research and development program The Secretary, acting through the Under Sec- retary for Science and Technology and the Ad- ministrator of the Transportation Security Ad- ministration, shall carry out a research and de- velopment program for the purpose of improving the security of railroad transportation systems. (b) Eligible projects The research and development program may include projects— (1) to reduce the vulnerability of passenger trains, stations, and equipment to explosives and hazardous chemical, biological, and radio- active substances, including the development of technology to screen passengers in large numbers at peak commuting times with mini- mal interference and disruption; (2) to test new emergency response and re- covery techniques and technologies, including those used at international borders; (3) to develop improved railroad security technologies, including— (A) technologies for sealing or modifying railroad tank cars; (B) automatic inspection of railroad cars; (C) communication-based train control systems; (D) emergency response training, including training in a tunnel environment; (E) security and redundancy for critical communications, electrical power, com- puter, and train control systems; and (F) technologies for securing bridges and tunnels; (4) to test wayside detectors that can detect tampering; (5) to support enhanced security for the transportation of security-sensitive materials by railroad; (6) to mitigate damages in the event of a cyber attack; and (7) 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 devel- opment program is consistent with the Na- tional Strategy for Railroad Transportation Security developed under section 1161 of this title and any other transportation security re- search and development programs required by this Act; (2) shall, to the extent practicable, coordi- nate the research and development activities of the Department with other ongoing re- search and development security-related ini- tiatives, including research being conducted by— Page 477 TITLE 6—DOMESTIC SECURITY § 1169 1 See References in Text note below. (A) the Department of Transportation, in- cluding University Transportation Centers and other institutes, centers, and simulators funded by the Department of Transpor- tation; (B) the National Academy of Sciences; (C) the Technical Support Working Group; (D) other Federal departments and agen- cies; and (E) other Federal and private research lab- oratories, research entities, and universities and institutions of higher education, includ- ing Historically Black Colleges and Univer- sities, Hispanic Serving Institutions, or In- dian Tribally Controlled Colleges and Uni- versities; (3) shall carry out any research and develop- ment project authorized by this section through a reimbursable agreement with an ap- propriate 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, or enter into coopera- tive agreements, contracts, other trans- actions, or reimbursable agreements to the en- tities described in paragraph (2) and the eligi- ble grant recipients under section 1163 of this title; and (5) shall make reasonable efforts to enter into memoranda of understanding, contracts, grants, cooperative agreements, or other transactions with railroad carriers willing to contribute both physical space and other re- sources. (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 section 142 of this title. (2) Privacy impact assessments In accordance with sections 142 and 345 of this title, the Chief Privacy Officer shall con- duct privacy impact assessments and the Offi- cer for Civil Rights and Civil Liberties shall conduct reviews, as appropriate, for research and development initiatives developed under this section that the Secretary determines could have an impact on privacy, civil rights, or civil liberties. (e) Authorization of appropriations (1) In general Out of funds appropriated pursuant to sec- tion 114(w) 1 of title 49, there shall be made available to the Secretary to carry out this section— (A) $33,000,000 for fiscal year 2008; (B) $33,000,000 for fiscal year 2009; (C) $33,000,000 for fiscal year 2010; and (D) $33,000,000 for fiscal year 2011. (2) Period of availability Such sums shall remain available until ex- pended. (Pub. L. 110–53, title XV, § 1518, Aug. 3, 2007, 121 Stat. 441.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c)(1), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266, known as the Imple- menting Recommendations of the 9/11 Commission Act of 2007, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of this title and Tables. Section 114(w) of title 49, referred to in subsec. (e)(1), was redesignated section 114(v) of title 49 by Pub. L. 115–254, div. K, § 1904(b)(1)(I), Oct. 5, 2018, 132 Stat. 3545. § 1169. Railroad tank car security testing (a) Railroad tank car vulnerability assessment (1) Assessment The Secretary shall assess the likely meth- ods of a deliberate terrorist attack against a railroad tank car used to transport toxic-inha- lation-hazard materials, and for each method assessed, the degree to which it may be suc- cessful in causing death, injury, or serious ad- verse effects to human health, the environ- ment, critical infrastructure, national secu- rity, the national economy, or public welfare. (2) Threats In carrying out paragraph (1), the Secretary shall consider the most current threat infor- mation as to likely methods of a successful terrorist attack on a railroad tank car trans- porting toxic-inhalation-hazard materials, and may consider the following: (A) Explosive devices placed along the tracks or attached to a railroad tank car. (B) The use of missiles, grenades, rockets, mortars, or other high-caliber weapons against a railroad tank car. (3) Physical testing In developing the assessment required under paragraph (1), the Secretary shall conduct physical testing of the vulnerability of rail- road tank cars used to transport toxic-inhala- tion-hazard materials to different methods of a deliberate attack, using technical informa- tion and criteria to evaluate the structural in- tegrity of railroad tank cars. (4) Report Not later than 30 days after the completion of the assessment under paragraph (1), the Secretary shall provide to the appropriate congressional committees a report, in the ap- propriate format, on such assessment. (b) Railroad tank car dispersion modeling (1) In general The Secretary, acting through the National Infrastructure Simulation and Analysis Cen- ter, shall conduct an air dispersion modeling analysis of release scenarios of toxic-inhala-