6 U.S.C. § 1164 — Systemwide Amtrak security upgrades

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— Page 474 TITLE 6—DOMESTIC SECURITY § 1165 ‘‘(1) consider the technological, privacy, oper- ational, and security impacts of such a decision; and ‘‘(2) describe such impacts in any strategic plan de- veloped under subsection (c). ‘‘(c) STRATEGIC PLAN.—If the Administrator decides to grant the request by Amtrak under subsection (a), the decision shall include a strategic plan for working with rail stakeholders to enhance passenger rail secu- rity by— ‘‘(1) vetting passengers using terrorist watch lists maintained by the Federal Government or a similar passenger vetting system maintained by the Trans- portation Security Administration; and ‘‘(2) where applicable and in consultation with the Commissioner of U.S. Customs and Border Protec- tion, assessing whether the vetting process should be integrated into preclearance operations established under section 813 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4432). ‘‘(d) NOTICES.—The Administrator shall notify the ap- propriate committees of Congress [Committees on Commerce, Science and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Rep- resentatives] of any decision made under subsection (a) and the details of the strategic plan under subsection (c). ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit the Administrator’s author- ity to set the access to, or terms and conditions of using, the Secure Flight Program or a similar pas- senger vetting system.’’ § 1165. Fire and life safety improvements (a) Life-safety needs There are authorized to be appropriated to the Secretary of Transportation for making grants to Amtrak for the purpose of carrying out projects to make fire and life safety improve- ments to Amtrak tunnels on the Northeast Cor- ridor the following amounts: (1) For the 6 New York and New Jersey tun- nels to provide ventilation, electrical, and fire safety technology improvements, emergency communication and lighting systems, and emergency access and egress for passengers— (A) $25,000,000 for fiscal year 2008; (B) $30,000,000 for fiscal year 2009; (C) $45,000,000 for fiscal year 2010; and (D) $60,000,000 for fiscal year 2011. (2) For the Baltimore Potomac Tunnel and the Union Tunnel, together, to provide ade- quate drainage and ventilation, communica- tion, lighting, standpipe, and passenger egress improvements— (A) $5,000,000 for fiscal year 2008; (B) $5,000,000 for fiscal year 2009; (C) $5,000,000 for fiscal year 2010; and (D) $5,000,000 for fiscal year 2011. (3) For the Union Station tunnels in the Dis- trict of Columbia to improve ventilation, com- munication, lighting, and passenger egress im- provements— (A) $5,000,000 for fiscal year 2008; (B) $5,000,000 for fiscal year 2009; (C) $5,000,000 for fiscal year 2010; and (D) $5,000,000 for fiscal year 2011. (b) Infrastructure upgrades Out of funds appropriated pursuant to section 1153 of this title, there shall be made available to the Secretary of Transportation for fiscal year 2008, $3,000,000 for the preliminary design of options for a new tunnel on a different align- ment to augment the capacity of the existing Baltimore tunnels. (c) Availability of amounts Amounts appropriated pursuant to this sec- tion shall remain available until expended. (d) Plans required The Secretary of Transportation may not make amounts available to Amtrak for obliga- tion or expenditure under subsection (a)— (1) until Amtrak has submitted to the Sec- retary of Transportation, and the Secretary of Transportation has approved, an engineering and financial plan for such projects; and (2) unless, for each project funded pursuant to this section, the Secretary of Transpor- tation has approved a project management plan prepared by Amtrak. (e) Review of plans (1) In general The Secretary of Transportation shall com- plete the review of a plan required under sub- section (d) and approve or disapprove the plan within 45 days after the date on which each such plan is submitted by Amtrak. (2) Incomplete or deficient plan If the Secretary of Transportation deter- mines that a plan is incomplete or deficient, the Secretary of Transportation shall notify Amtrak of the incomplete items or defi- ciencies and Amtrak shall, within 30 days after receiving the Secretary of Transpor- tation’s notification, submit a modified plan for the Secretary of Transportation’s review. (3) Approval of plan Within 15 days after receiving additional in- formation on items previously included in the plan, and within 45 days after receiving items newly included in a modified plan, the Sec- retary of Transportation shall either approve the modified plan, or if the Secretary of Transportation finds the plan is still incom- plete or deficient, the Secretary of Transpor- tation shall— (A) identify in writing to the appropriate congressional committees the portions of the plan the Secretary finds incomplete or deficient; (B) approve all other portions of the plan; (C) obligate the funds associated with those portions; and (D) execute an agreement with Amtrak within 15 days thereafter on a process for re- solving the remaining portions of the plan. (f) Financial contribution from other tunnel users The Secretary of Transportation, taking into account the need for the timely completion of all portions of the tunnel projects described in subsection (a), shall— (1) consider the extent to which railroad car- riers other than Amtrak use or plan to use the tunnels; (2) consider the feasibility of seeking a fi- nancial contribution from those other railroad carriers toward the costs of the projects; and (3) obtain financial contributions or commit- ments from such other railroad carriers at lev-