6 U.S.C. § 1161 — Railroad transportation security risk as-

Page 467 TITLE 6—DOMESTIC SECURITY § 1161 1 See References in Text note below. (3) security personnel, dispatchers, loco- motive engineers, conductors, trainmen, other onboard employees, maintenance and mainte- nance support personnel, bridge tenders, and any other employees of railroad carriers that the Administrator determines should receive security training under this section or that is receiving security training under other law. (Pub. L. 115–254, div. K, title I, § 1976, Oct. 5, 2018, 132 Stat. 3616.) Editorial Notes CODIFICATION Section was enacted as part of the TSA Moderniza- tion Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Rec- ommendations of the 9/11 Commission Act of 2007 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Administrator’’ and ‘‘Secretary’’ as used in this section, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation. § 1156. Nuclear material and explosive detection technology The Secretary, in coordination with the Direc- tor of the National Institute of Standards and Technology and the head of each relevant Fed- eral department or agency researching nuclear material detection systems or explosive detec- tion systems, shall research, facilitate, and, to the extent practicable, deploy next generation technologies, including active neutron interro- gation, to detect nuclear material and explo- sives in transportation systems and transpor- tation facilities. (Pub. L. 115–254, div. K, title I, § 1984, Oct. 5, 2018, 132 Stat. 3621.) Editorial Notes CODIFICATION Section was enacted as part of the TSA Moderniza- tion Act and also as part of the FAA Reauthorization Act of 2018, and not as part of the Implementing Rec- ommendations of the 9/11 Commission Act of 2007 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION For definition of ‘‘Secretary’’ as used in this section, see section 1902 of Pub. L. 115–254, set out as a note under section 101 of Title 49, Transportation. PART B—RAILROAD SECURITY § 1161. Railroad transportation security risk as- sessment and National Strategy (a) Risk assessment The Secretary shall establish a Federal task force, including the Transportation Security Ad- ministration and other agencies within the De- partment, the Department of Transportation, and other appropriate Federal agencies, to com- plete, within 6 months of August 3, 2007, a na- tionwide risk assessment of a terrorist attack on railroad carriers. The assessment shall in- clude— (1) a methodology for conducting the risk as- sessment, including timelines, that addresses how the Department will work with the enti- ties described in subsection (c) and make use of existing Federal expertise within the De- partment, the Department of Transportation, and other appropriate agencies; (2) identification and evaluation of critical assets and infrastructure, including tunnels used by railroad carriers in high-threat urban areas; (3) identification of risks to those assets and infrastructure; (4) identification of risks that are specific to the transportation of hazardous materials via railroad; (5) identification of risks to passenger and cargo security, transportation infrastructure protection systems, operations, communica- tions systems, and any other area identified by the assessment; (6) an assessment of employee training and emergency response planning; (7) an assessment of public and private oper- ational recovery plans, taking into account the plans for the maritime sector required under section 70103 of title 46, to expedite, to the maximum extent practicable, the return of an adversely affected railroad transportation system or facility to its normal performance level after a major terrorist attack or other security event on that system or facility; and (8) an account of actions taken or planned by both public and private entities to address identified railroad security issues and an as- sessment of the effective integration of such actions. (b) National Strategy (1) Requirement Not later than 9 months after August 3, 2007, and based upon the assessment conducted under subsection (a), the Secretary, consistent with and as required by section 114(t) 1 of title 49, shall develop and implement the modal plan for railroad transportation, entitled the ‘‘National Strategy for Railroad Transpor- tation Security’’. (2) Contents The modal plan shall include prioritized goals, actions, objectives, policies, mecha- nisms, and schedules for, at a minimum— (A) improving the security of railroad tun- nels, railroad bridges, railroad switching and car storage areas, other railroad infrastruc- ture and facilities, information systems, and other areas identified by the Secretary as posing significant railroad-related risks to public safety and the movement of inter- state commerce, taking into account the im- pact that any proposed security measure might have on the provision of railroad serv- ice or on operations served or otherwise af- fected by railroad service; (B) deploying equipment and personnel to detect security threats, including those Page 468 TITLE 6—DOMESTIC SECURITY § 1161 posed by explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures; (C) consistent with section 1167 of this title, training railroad employees in ter- rorism prevention, preparedness, passenger evacuation, and response activities; (D) conducting public outreach campaigns for railroads regarding security, including educational initiatives designed to inform the public on how to prevent, prepare for, re- spond to, and recover from a terrorist attack on railroad transportation; (E) providing additional railroad security support for railroads at high or severe threat levels of alert; (F) ensuring, in coordination with freight and intercity and commuter passenger rail- roads, the continued movement of freight and passengers in the event of an attack af- fecting the railroad system, including the possibility of rerouting traffic due to the loss of critical infrastructure, such as a bridge, tunnel, yard, or station; (G) coordinating existing and planned rail- road security initiatives undertaken by the public and private sectors; (H) assessing— (i) the usefulness of covert testing of railroad security systems; (ii) the ability to integrate security into infrastructure design; and (iii) the implementation of random searches of passengers and baggage; and (I) identifying the immediate and long- term costs of measures that may be required to address those risks and public and private sector sources to fund such measures. (3) Responsibilities The Secretary shall include in the modal plan a description of the roles, responsibil- ities, and authorities of Federal, State, and local agencies, government-sponsored entities, tribal governments, and appropriate stake- holders described in subsection (c). The plan shall also include— (A) the identification of, and a plan to ad- dress, gaps and unnecessary overlaps in the roles, responsibilities, and authorities de- scribed in this paragraph; (B) a methodology for how the Department will work with the entities described in sub- section (c), and make use of existing Federal expertise within the Department, the De- partment of Transportation, and other ap- propriate agencies; (C) a process for facilitating security clearances for the purpose of intelligence and information sharing with the entities described in subsection (c), as appropriate; (D) a strategy and timeline, coordinated with the research and development program established under section 1168 of this title, for the Department, the Department of Transportation, other appropriate Federal agencies and private entities to research and develop new technologies for securing rail- road systems; and (E) a process for coordinating existing or future security strategies and plans for rail- road transportation, including the National Infrastructure Protection Plan required by Homeland Security Presidential Directive–7; Executive Order No. 13416: ‘‘Strengthening Surface Transportation Security’’ dated De- cember 5, 2006; the Memorandum of Under- standing between the Department and the Department of Transportation on Roles and Responsibilities dated September 28, 2004, and any and all subsequent annexes to this Memorandum of Understanding, and any other relevant agreements between the two Departments. (c) Consultation with stakeholders In developing the National Strategy required under this section, the Secretary shall consult with railroad management, nonprofit employee organizations representing railroad employees, owners or lessors of railroad cars used to trans- port hazardous materials, emergency respond- ers, offerors of security-sensitive materials, pub- lic safety officials, and other relevant parties. (d) Adequacy of existing plans and strategies In developing the risk assessment and Na- tional Strategy required under this section, the Secretary shall utilize relevant existing plans, strategies, and risk assessments developed by the Department or other Federal agencies, in- cluding those developed or implemented pursu- ant to section 114(t) 1 of title 49 or Homeland Se- curity Presidential Directive–7, and, as appro- priate, assessments developed by other public and private stakeholders. (e) Report (1) Contents Not later than 1 year after August 3, 2007, the Secretary shall transmit to the appro- priate congressional committees a report con- taining— (A) the assessment and the National Strat- egy required by this section; and (B) an estimate of the cost to implement the National Strategy. (2) Format The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is ap- propriate or necessary. (f) Annual updates Consistent with the requirements of section 114(t) 1 of title 49, the Secretary shall update the assessment and National Strategy each year and transmit a report, which may be submitted in both classified and redacted formats, to the ap- propriate congressional committees containing the updated assessment and recommendations. (g) Funding Out of funds appropriated pursuant to section 114(w) 1 of title 49, there shall be made available to the Secretary to carry out this section $5,000,000 for fiscal year 2008. (Pub. L. 110–53, title XV, § 1511, Aug. 3, 2007, 121 Stat. 426.) Editorial Notes REFERENCES IN TEXT Section 114(t) of title 49, referred to in subsecs. (b)(1), (d), and (f), was redesignated section 114(s) of title 49 by Page 469 TITLE 6—DOMESTIC SECURITY § 1162 1 So in original. The word ‘‘to’’ probably should not appear. Pub. L. 110–161, div. E, title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092. Executive Order No. 13416, referred to in subsec. (b)(3)(E), is set out as a note under section 1101 of this title. Section 114(w) of title 49, referred to in subsec. (g), 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. § 1162. Railroad carrier assessments and plans (a) In general Not later than 12 months after August 3, 2007, the Secretary shall issue regulations that— (1) require each railroad carrier assigned to a high-risk tier under this section to— (A) conduct a vulnerability assessment in accordance with subsections (c) and (d); and (B) to 1 prepare, submit to the Secretary for approval, and implement a security plan in accordance with this section that address- es security performance requirements; and (2) establish standards and guidelines, based on and consistent with the risk assessment and National Strategy for Railroad Transpor- tation Security developed under section 1161 of this title, for developing and implementing the vulnerability assessments and security plans for railroad carriers assigned to high- risk tiers. (b) Non high-risk programs The Secretary may establish a security pro- gram for railroad carriers not assigned to a high-risk tier, including— (1) guidance for such carriers 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 as- sessments 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 railroad car- riers assigned to a high-risk tier shall be com- pleted and submitted to the Secretary for review and approval. (d) Vulnerability assessments (1) Requirements The Secretary shall provide technical assist- ance and guidance to railroad carriers in con- ducting vulnerability assessments under this section and shall require that each vulner- ability assessment of a railroad carrier as- signed to a high-risk tier under this section, include, as applicable— (A) identification and evaluation of crit- ical railroad carrier assets and infrastruc- ture, including platforms, stations, inter- modal terminals, tunnels, bridges, switching and storage areas, and information systems as appropriate; (B) identification of the vulnerabilities to those assets and infrastructure; (C) identification of strengths and weak- nesses in— (i) physical security; (ii) passenger and cargo security, includ- ing the security of security-sensitive ma- terials being transported by railroad or stored on railroad property; (iii) programmable electronic devices, computers, or other automated systems which are used in providing the transpor- tation; (iv) alarms, cameras, and other protec- tion systems; (v) communications systems and utili- ties needed for railroad security purposes, including dispatching and notification sys- tems; (vi) emergency response planning; (vii) employee training; and (viii) such other matters as the Sec- retary determines appropriate; and (D) identification of redundant and backup systems required to ensure the continued op- eration of critical elements of a railroad car- rier’s system in the event of an attack or other incident, including disruption of com- mercial electric power or communications network. (2) Threat information The Secretary shall provide in a timely manner to the appropriate employees of a rail- road carrier, as designated by the railroad car- rier, threat information that is relevant to the carrier when preparing and submitting a vul- nerability assessment and security plan, in- cluding an assessment of the most likely methods that could be used by terrorists to ex- ploit weaknesses in railroad security. (e) Security plans (1) Requirements The Secretary shall provide technical assist- ance and guidance to railroad carriers in pre- paring and implementing security plans under this section, and shall require that each secu- rity plan of a railroad carrier assigned to a high-risk tier under this section include, as applicable— (A) identification of a security coordinator having authority— (i) to implement security actions under the plan; (ii) to coordinate security improve- ments; and (iii) to receive immediate communica- tions from appropriate Federal officials re- garding railroad security; (B) a list of needed capital and operational improvements; (C) procedures to be implemented or used by the railroad carrier in response to a ter- rorist attack, including evacuation and pas- senger communication plans that include in- dividuals with disabilities as appropriate; (D) 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 section 1167 of this title;