6 U.S.C. § 1162 — Railroad carrier assessments and plans

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; Page 470 TITLE 6—DOMESTIC SECURITY § 1162 (F) enhanced security measures to be taken by the railroad carrier when the Sec- retary declares a period of heightened secu- rity risk; (G) plans for providing redundant and backup systems required to ensure the con- tinued operation of critical elements of the railroad carrier’s system in the event of a terrorist attack or other incident; (H) a strategy for implementing enhanced security for shipments of security-sensitive materials, including plans for quickly locat- ing and securing such shipments in the event of a terrorist attack or security incident; and (I) such other actions or procedures as the Secretary determines are appropriate to ad- dress the security of railroad carriers. (2) Security coordinator requirements The Secretary shall require that the indi- vidual 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 Secretary determines that it is appro- priate to do so based on a background check of the individual and a review of the consolidated terrorist watchlist. (3) Consistency with other plans The Secretary shall ensure that the security plans developed by railroad carriers under this section are consistent with the risk assess- ment and National Strategy for Railroad Transportation Security developed under sec- tion 1161 of this title. (f) Deadline for review process Not later than 6 months after receiving the as- sessments and plans required under this section, the Secretary shall— (1) review each vulnerability assessment and security plan submitted to the Secretary in accordance with subsection (c); (2) require amendments to any security plan that does not meet the requirements of this section; and (3) approve any vulnerability assessment or security plan that meets the requirements of this section. (g) Interim security measures The Secretary may require railroad carriers, during the period before the deadline established under subsection (c), to submit a security plan under subsection (e) to implement any necessary interim security measures essential to providing adequate security of the railroad carrier’s sys- tem. An interim plan required under this sub- section will be superseded by a plan required under subsection (e). (h) Tier assignment Utilizing the risk assessment and National Strategy for Railroad Transportation Security required under section 1161 of this title, the Sec- retary shall assign each railroad carrier to a risk-based tier established by the Secretary: (1) Provision of information The Secretary may request, and a railroad carrier shall provide, information necessary for the Secretary to assign a railroad carrier to the appropriate tier under this subsection. (2) Notification Not later than 60 days after the date a rail- road carrier is assigned to a tier under this subsection, the Secretary shall notify the rail- road carrier of the tier to which it is assigned and the reasons for such assignment. (3) High-risk tiers At least one of the tiers established by the Secretary under this subsection shall be des- ignated a tier for high-risk railroad carriers. (4) Reassignment The Secretary may reassign a railroad car- rier to another tier, as appropriate, in re- sponse to changes in risk. The Secretary shall notify the railroad carrier not later than 60 days after such reassignment and provide the railroad carrier with the reasons for such reas- signment. (i) Nondisclosure of information (1) Submission of information to Congress Nothing in this section shall be construed as authorizing the withholding of any informa- tion from Congress. (2) Disclosure of independently furnished in- formation Nothing in this section shall be construed as affecting any authority or obligation of a Fed- eral agency to disclose any record or informa- tion that the Federal agency obtains from a railroad carrier under any other Federal law. (j) Existing procedures, protocols and standards (1) Determination In response to a petition by a railroad car- rier or at the discretion of the Secretary, the Secretary may determine that existing proce- dures, protocols, and standards meet all or part of the requirements of this section, in- cluding regulations issued under subsection (a), regarding vulnerability assessments and security plans. (2) Election Upon review and written determination by the Secretary that existing procedures, proto- cols, or standards of a railroad carrier satisfy the requirements of this section, the railroad carrier may elect to comply with those proce- dures, protocols, or standards instead of the requirements of this section. (3) Partial approval If the Secretary determines that the exist- ing procedures, protocols, or standards of a railroad carrier satisfy only part of the re- quirements of this section, the Secretary may accept such submission, but shall require sub- mission by the railroad carrier of any addi- tional information relevant to the vulner- ability assessment and security plan of the railroad carrier to ensure that the remaining requirements of this section are fulfilled. (4) Notification If the Secretary determines that particular existing procedures, protocols, or standards of 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