6 U.S.C. § 1163 — Railroad security assistance

Page 471 TITLE 6—DOMESTIC SECURITY § 1163 a railroad carrier under this subsection do not satisfy the requirements of this section, the Secretary shall provide to the railroad carrier a written notification that includes an expla- nation of the determination. (5) Review Nothing in this subsection shall relieve the Secretary of the obligation— (A) to review the vulnerability assessment and security plan submitted by a railroad carrier under this section; and (B) to approve or disapprove each submis- sion on an individual basis. (k) Periodic evaluation by railroad carriers re- quired (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), a railroad carrier who submitted a vulnerability assessment and security plan and who is still assigned to the high-risk tier must also submit to the Secretary an evalua- tion of the adequacy of the vulnerability as- sessment and security plan that includes a de- scription 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 Sec- retary shall review the evaluation and notify the railroad carrier submitting the evaluation of the Secretary’s approval or disapproval of the evaluation. (l) Shared facilities The Secretary may permit under this section the development and implementation of coordi- nated vulnerability assessments and security plans to the extent that a railroad carrier shares facilities with, or is colocated with, other trans- portation entities or providers that are required to develop vulnerability assessments and secu- rity plans under Federal law. (m) Consultation In carrying out this section, the Secretary shall consult with railroad carriers, nonprofit employee labor organizations representation railroad employees, and public safety and law enforcement officials. (Pub. L. 110–53, title XV, § 1512, Aug. 3, 2007, 121 Stat. 429.) § 1163. Railroad security assistance (a) Security improvement grants (1) The Secretary, in consultation with the Ad- ministrator of the Transportation Security Ad- ministration and other appropriate agencies or officials, is authorized to make grants to rail- road carriers, the Alaska Railroad, security-sen- sitive materials offerors who ship by railroad, owners of railroad cars used in the transpor- tation of security-sensitive materials, State and local governments (for railroad passenger facili- ties and infrastructure not owned by Amtrak), and Amtrak for intercity passenger railroad and freight railroad security improvements de- scribed in subsection (b) as approved by the Sec- retary. (2) A railroad carrier is eligible for a grant under this section if the carrier has completed a vulnerability assessment and developed a secu- rity plan that the Secretary has approved in ac- cordance with section 1162 of this title. (3) A recipient of a grant under this section may use grant funds only for permissible uses under subsection (b) to further a railroad secu- rity plan that meets the requirements of para- graph (2). (4) Notwithstanding the requirement for eligi- bility and uses of funds in paragraphs (2) and (3), a railroad carrier is eligible for a grant under this section if the applicant uses the funds sole- ly for the development of assessments or secu- rity plans under section 1162 of this title. (5) Notwithstanding the requirements for eli- gibility and uses of funds in paragraphs (2) and (3), prior to the earlier of 1 year after the date of issuance of final regulations requiring vulner- ability assessments and security plans under section 1162 of this title or 3 years after August 3, 2007, the Secretary may award grants under this section for rail security improvements list- ed under subsection (b) based upon railroad car- rier vulnerability assessments and security plans that the Secretary determines are suffi- cient for the purposes of this section but have not been approved by the Secretary in accord- ance with section 1162 of this title. (b) Uses of funds A recipient of a grant under this section shall use the grant funds for one or more of the fol- lowing: (1) Security and redundancy for critical communications, computer, and train control systems essential for secure railroad oper- ations, including communications interoper- ability where appropriate with relevant out- side agencies and entities. (2) Accommodation of railroad cargo or pas- senger security inspection facilities, related infrastructure, and operations at or near United States international borders or other ports of entry. (3) The security of security-sensitive mate- rials transportation by railroad. (4) Chemical, biological, radiological, or ex- plosive detection, including canine patrols for such detection. (5) The security and preparedness of inter- city passenger railroad stations, trains, and infrastructure, including security capital im- provement projects that the Secretary deter- mines enhance railroad station security. (6) Technologies to reduce the vulnerabilities of railroad cars, including structural modification of railroad cars trans- porting security-sensitive materials to im- prove their resistance to acts of terrorism. (7) The sharing of intelligence and informa- tion about security threats and preparedness, including connectivity to the National Ter- rorist Screening Center. (8) To obtain train tracking and communica- tions equipment, including equipment that is Page 472 TITLE 6—DOMESTIC SECURITY § 1163 1 See References in Text note below. interoperable with Federal, State, and local agencies and tribal governments. (9) To hire, train, and employ police, secu- rity, and preparedness officers, including ca- nine units, assigned to full-time security or counterterrorism duties related to railroad transportation. (10) Overtime reimbursement, including re- imbursement of State, local, and tribal gov- ernments for costs, for enhanced security per- sonnel assigned to duties related to railroad security during periods of high or severe threat levels and National Special Security Events or other periods of heightened security as determined by the Secretary. (11) Perimeter protection systems, including access control, installation of improved light- ing, fencing, and barricades at railroad facili- ties. (12) Tunnel protection systems. (13) Passenger evacuation and evacuation-re- lated capital improvements. (14) Railroad security inspection tech- nologies, including verified visual inspection technologies using hand-held readers. (15) Surveillance equipment. (16) Cargo or passenger screening equipment. (17) Emergency response equipment, includ- ing fire suppression and decontamination equipment, personal protective equipment, and defibrillators. (18) Operating and capital costs associated with security awareness, preparedness, and re- sponse training, including training under sec- tion 1167 of this title, and training developed by universities, institutions of higher edu- cation, and nonprofit employee labor organiza- tions, for railroad employees, including front- line employees. (19) Live or simulated exercises, including exercises described in section 1166 of this title. (20) Public awareness campaigns for en- hanced railroad security. (21) Development of assessments or security plans under section 1162 of this title. (22) Other security improvements— (A) identified, required, or recommended under sections 1161 and 1162 of this title, in- cluding infrastructure, facilities, and equip- ment upgrades; or (B) that the Secretary considers appro- priate. (c) Department of Homeland Security respon- sibilities In carrying out the responsibilities under sub- section (a), the Secretary shall— (1) determine the requirements for recipients of grants; (2) establish priorities for uses of funds for grant recipients; (3) award the funds authorized by this sec- tion based on risk, as identified by the plans required under sections 1161 and 1162 of this title, or assessment or plan described in sub- section (a)(5); (4) take into account whether stations or fa- cilities are used by commuter railroad pas- sengers as well as intercity railroad pas- sengers in reviewing grant applications; (5) encourage non-Federal financial partici- pation in projects funded by grants; and (6) not later than 5 business days after awarding a grant to Amtrak under this sec- tion, transfer grant funds to the Secretary of Transportation to be disbursed to Amtrak. (d) Multiyear awards Grant funds awarded under this section may be awarded for projects that span multiple years. (e) 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 Fed- eral law. (f) Annual reports Each recipient of a grant under this section shall report annually to the Secretary on the use of grant funds. (g) Non-Federal match study Not later than 240 days after August 3, 2007, the Secretary shall provide a report to the ap- propriate congressional committees on the feasi- bility and appropriateness of requiring a non- Federal match for grants awarded to freight railroad carriers and other private entities under this section. (h) Subject to certain standards A recipient of a grant under this section and sections 1164 and 1165 of this title shall be re- quired to comply with the standards of section 24312 of title 49, as in effect on January 1, 2007, with respect to the project in the same manner as Amtrak is required to comply with such standards for construction work financed under an agreement made under section 24308(a) of that title. (i) 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) $300,000,000 for fiscal year 2008; (B) $300,000,000 for fiscal year 2009; (C) $300,000,000 for fiscal year 2010; and (D) $300,000,000 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, § 1513, Aug. 3, 2007, 121 Stat. 433; Pub. L. 115–254, div. K, title I, § 1973(a), Oct. 5, 2018, 132 Stat. 3614.) Editorial Notes REFERENCES IN TEXT Section 114(w) of title 49, referred to in subsec. (i)(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. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–254, § 1973(a)(1), sub- stituted ‘‘, including communications interoperability where appropriate with relevant outside agencies and entities.’’ for period at end. Page 473 TITLE 6—DOMESTIC SECURITY § 1164 1 See References in Text note below. Subsec. (b)(5). Pub. L. 115–254, § 1973(a)(2), substituted ‘‘security and preparedness of’’ for ‘‘security of’’. Subsec. (b)(7). Pub. L. 115–254, § 1973(a)(3), substituted ‘‘security threats and preparedness, including connectivity to the National Terrorist Screening Cen- ter’’ for ‘‘security threats’’. Subsec. (b)(9). Pub. L. 115–254, § 1973(a)(4), substituted ‘‘, security, and preparedness officers’’ for ‘‘and secu- rity officers’’. § 1164. Systemwide Amtrak security upgrades (a) In general (1) Grants Subject to subsection (b), the Secretary, in consultation with the Administrator of the Transportation Security Administration, is authorized to make grants to Amtrak in ac- cordance with the provisions of this section. (2) General purposes The Secretary may make such grants for the purposes of— (A) protecting underwater and under- ground assets and systems; (B) protecting high-risk and high-con- sequence assets identified through system- wide risk assessments; (C) providing counterterrorism or security training; (D) providing both visible and unpredict- able deterrence; and (E) conducting emergency preparedness drills and exercises. (3) Specific projects The Secretary shall make such grants— (A) to secure major tunnel access points and ensure tunnel integrity in New York, New Jersey, Maryland, and Washington, DC; (B) to secure Amtrak trains; (C) to secure Amtrak stations; (D) to obtain a watchlist identification system approved by the Secretary, or to con- nect to the National Terrorism Screening Center watchlist; (E) to obtain train tracking and interoper- able communications systems that are co- ordinated with Federal, State, and local agencies and tribal governments to the max- imum extent possible; (F) to hire, train, and employ police and security officers, including canine units, as- signed to full-time security or counterterrorism duties related to railroad transportation; (G) for operating and capital costs associ- ated with security awareness, preparedness, and response training, including training under section 1167 of this title, and training developed by universities, institutions of higher education, and nonprofit employee labor organizations, for railroad employees, including frontline employees; (H) for live or simulated exercises, includ- ing exercises described in section 1166 of this title; (I) for improvements to passenger verification systems; (J) for improvements to employee and con- tractor verification systems, including iden- tity verification technology; or (K) for improvements to the security of Amtrak computer systems, including cybersecurity assessments and programs. (b) Conditions The Secretary shall award grants to Amtrak under this section for projects contained in a systemwide security plan approved by the Sec- retary developed pursuant to section 1162 of this title. Not later than 5 business days after award- ing a grant to Amtrak under this section, the Secretary shall transfer the grant funds to the Secretary of Transportation to be disbursed to Amtrak. (c) Equitable geographic allocation The Secretary shall ensure that, subject to meeting the highest security needs on Amtrak’s entire system and consistent with the risk as- sessment required under section 1161 of this title and Amtrak’s vulnerability assessment and se- curity plan developed under section 1162 of this title, stations and facilities located outside of the Northeast Corridor receive an equitable share of the security funds authorized by this section. (d) Availability of funds (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 and the Adminis- trator of the Transportation Security Admin- istration to carry out this section— (A) $150,000,000 for fiscal year 2008; (B) $150,000,000 for fiscal year 2009; (C) $175,000,000 for fiscal year 2010; and (D) $175,000,000 for fiscal year 2011. (2) Availability of appropriated funds Amounts appropriated pursuant to para- graph (1) shall remain available until ex- pended. (Pub. L. 110–53, title XV, § 1514, Aug. 3, 2007, 121 Stat. 435; Pub. L. 115–254, div. K, title I, § 1973(b), Oct. 5, 2018, 132 Stat. 3614.) Editorial Notes REFERENCES IN TEXT Section 114(w) of title 49, referred to in subsec. (d)(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. AMENDMENTS 2018—Subsec. (a)(3)(D). Pub. L. 115–254, § 1973(b)(1), in- serted ‘‘, or to connect to the National Terrorism Screening Center watchlist’’ after ‘‘Secretary’’. Subsec. (a)(3)(I) to (K). Pub. L. 115–254, § 1973(b)(2)–(4), added subpars. (I) to (K). Statutory Notes and Related Subsidiaries PASSENGER RAIL VETTING Pub. L. 115–254, div. K, title I, § 1974, Oct. 5, 2018, 132 Stat. 3615, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date on which the Amtrak Board of Directors submits a request to the Administrator [of the Transportation Security Administration], the Administrator shall issue a decision on the use by Amtrak of the Transpor- tation Security Administration’s Secure Flight Pro- gram or a similar passenger vetting system to enhance passenger rail security. ‘‘(b) CONSIDERATIONS.—In making a decision under subsection (a), the Administrator shall—