Title 6 — Domestic SecurityRelease 119-73
§1162 Railroad carrier assessments and plans
Title 6 › Chapter CHAPTER 4— - TRANSPORTATION SECURITY › Subchapter SUBCHAPTER IV— - SURFACE TRANSPORTATION SECURITY › Part Part B— - Railroad Security › § 1162
Summary
Must issue rules within 12 months after August 3, 2007 that make any railroad placed in a high‑risk group do a vulnerability check and write, send to the Secretary for approval, and carry out a security plan. The rules must spell out how to do the checks and plans and follow the risk assessment and National Strategy under section 1161. The railroads must finish and send their assessments and plans within 9 months after those rules appear. The Secretary must give technical help and threat information to designated railroad employees. The assessments must show what critical railroad parts exist, where they are weak, and what backup systems are needed. The plans must name a security coordinator, list needed improvements, include response steps (such as evacuation and communication plans that cover people with disabilities), show how the railroad will work with law enforcement and emergency responders, set a training schedule, describe steps for higher threat periods, protect shipments of sensitive materials, and include other measures the Secretary requires. The security coordinator must be a U.S. citizen unless the Secretary waives that after a background and watchlist check. Within 6 months after getting an assessment and plan, the Secretary will review it, approve it, or require changes. The Secretary can also require an interim plan before the 9‑month deadline. Using the risk assessment and National Strategy, the Secretary will put each railroad into a risk tier, tell the railroad its tier and why within 60 days, and may move a railroad to another tier with a 60‑day notice. If a railroad already has procedures that meet these rules, the Secretary can accept them and the railroad may use those instead, but the Secretary still must review and approve every submission. Three years after a plan is approved, and at least once every 5 years after that (or on a schedule the Secretary sets), a high‑risk railroad must send an evaluation of its plan and any major changes. The Secretary must review that evaluation and respond within 180 days. The Secretary may allow joint plans for shared facilities and must consult with railroads, employee groups, and public safety and law enforcement officials.
Full Legal Text
Title 6, §1162
Domestic Security — Source: USLM XML via OLRC
(a)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 11 So in original. The word “to” probably should not appear. prepare, submit to the Secretary for approval, and implement a security plan in accordance with this section that addresses security performance requirements; and
(2)establish standards and guidelines, based on and consistent with the risk assessment and National Strategy for Railroad Transportation 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)The Secretary may establish a security program 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 assessments and plans, as appropriate.
(c)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 carriers assigned to a high-risk tier shall be completed and submitted to the Secretary for review and approval.
(d)(1)The Secretary shall provide technical assistance and guidance to railroad carriers in conducting vulnerability assessments under this section and shall require that each vulnerability assessment of a railroad carrier assigned to a high-risk tier under this section, include, as applicable—
(A)identification and evaluation of critical railroad carrier assets and infrastructure, including platforms, stations, intermodal 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 weaknesses in—
(i)physical security;
(ii)passenger and cargo security, including the security of security-sensitive materials being transported by railroad or stored on railroad property;
(iii)programmable electronic devices, computers, or other automated systems which are used in providing the transportation;
(iv)alarms, cameras, and other protection systems;
(v)communications systems and utilities needed for railroad security purposes, including dispatching and notification systems;
(vi)emergency response planning;
(vii)employee training; and
(viii)such other matters as the Secretary determines appropriate; and
(D)identification of redundant and backup systems required to ensure the continued operation of critical elements of a railroad carrier’s system in the event of an attack or other incident, including disruption of commercial electric power or communications network.
(2)The Secretary shall provide in a timely manner to the appropriate employees of a railroad carrier, as designated by the railroad carrier, threat information that is relevant to the carrier when preparing and submitting a vulnerability assessment and security plan, including an assessment of the most likely methods that could be used by terrorists to exploit weaknesses in railroad security.
(e)(1)The Secretary shall provide technical assistance and guidance to railroad carriers in preparing and implementing security plans under this section, and shall require that each security 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 improvements; and
(iii)to receive immediate communications from appropriate Federal officials regarding 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 terrorist attack, including evacuation and passenger communication plans that include individuals 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;
(F)enhanced security measures to be taken by the railroad carrier when the Secretary declares a period of heightened security risk;
(G)plans for providing redundant and backup systems required to ensure the continued 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 locating 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 address the security of railroad carriers.
(2)The Secretary shall require that the individual 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 appropriate to do so based on a background check of the individual and a review of the consolidated terrorist watchlist.
(3)The Secretary shall ensure that the security plans developed by railroad carriers under this section are consistent with the risk assessment and National Strategy for Railroad Transportation Security developed under section 1161 of this title.
(f)Not later than 6 months after receiving the assessments 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)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 system. An interim plan required under this subsection will be superseded by a plan required under subsection (e).
(h)Utilizing the risk assessment and National Strategy for Railroad Transportation Security required under section 1161 of this title, the Secretary shall assign each railroad carrier to a risk-based tier established by the Secretary:
(1)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)Not later than 60 days after the date a railroad carrier is assigned to a tier under this subsection, the Secretary shall notify the railroad carrier of the tier to which it is assigned and the reasons for such assignment.
(3)At least one of the tiers established by the Secretary under this subsection shall be designated a tier for high-risk railroad carriers.
(4)The Secretary may reassign a railroad carrier to another tier, as appropriate, in response 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 reassignment.
(i)(1)Nothing in this section shall be construed as authorizing the withholding of any information from Congress.
(2)Nothing in this section shall be construed as affecting any authority or obligation of a Federal agency to disclose any record or information that the Federal agency obtains from a railroad carrier under any other Federal law.
(j)(1)In response to a petition by a railroad carrier or at the discretion of the Secretary, the Secretary may determine that existing procedures, protocols, and standards meet all or part of the requirements of this section, including regulations issued under subsection (a), regarding vulnerability assessments and security plans.
(2)Upon review and written determination by the Secretary that existing procedures, protocols, or standards of a railroad carrier satisfy the requirements of this section, the railroad carrier may elect to comply with those procedures, protocols, or standards instead of the requirements of this section.
(3)If the Secretary determines that the existing procedures, protocols, or standards of a railroad carrier satisfy only part of the requirements of this section, the Secretary may accept such submission, but shall require submission by the railroad carrier of any additional information relevant to the vulnerability assessment and security plan of the railroad carrier to ensure that the remaining requirements of this section are fulfilled.
(4)If the Secretary determines that particular existing procedures, protocols, or standards of 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 explanation of the determination.
(5)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 submission on an individual basis.
(k)(1)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 evaluation of the adequacy of the vulnerability assessment and security plan that includes a description of any material changes made to the vulnerability assessment or security plan.
(2)Not later than 180 days after the date on which an evaluation is submitted, the Secretary shall review the evaluation and notify the railroad carrier submitting the evaluation of the Secretary’s approval or disapproval of the evaluation.
(l)The Secretary may permit under this section the development and implementation of coordinated vulnerability assessments and security plans to the extent that a railroad carrier shares facilities with, or is colocated with, other transportation entities or providers that are required to develop vulnerability assessments and security plans under Federal law.
(m)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.
Reference
Citations & Metadata
Citation
6 U.S.C. § 1162
Title 6 — Domestic Security
Last Updated
Apr 6, 2026
Release point: 119-73