§1161 — Title 6 Domestic Security | U.S. Code

Summary

The Secretary must set up a federal task force (including TSA, DOT, and other agencies) to finish a nationwide risk assessment of a terrorist attack on railroads within 6 months of August 3, 2007. The assessment must explain how it was done, list and evaluate critical railroad assets (including tunnels in high‑threat cities), describe risks to those assets and to hazardous‑materials transport, look at passenger and cargo security, communications, and operations, review employee training and emergency response plans, evaluate public and private recovery plans to get rail service back after an attack, and summarize actions already taken or planned and how well they work together. The Secretary must consult with railroad management, employee groups, owners of hazardous‑materials rail cars, emergency responders, shippers of sensitive materials, public safety officials, and other relevant parties, and must use existing federal and other plans and assessments. Within 9 months of August 3, 2007 the Secretary must create and start a “National Strategy for Railroad Transportation Security.” The strategy must set priorities, actions, policies, and schedules for protecting railroad infrastructure and information systems; deploying detection equipment and countermeasures for explosives and hazardous substances; training employees; public outreach; extra support at high threat levels; keeping freight and passengers moving (including rerouting if needed); coordinating public and private security efforts; studying covert testing, security‑by‑design, and random searches; and identifying short‑ and long‑term costs and funding sources. The plan must also spell out roles and authorities for federal, state, local, tribal, and private partners, fix gaps or overlaps, describe how the Department will work with stakeholders (including security‑clearance and R&D plans tied to section 1168), and coordinate with existing national security plans. The Secretary must send Congress the assessment, the strategy, and a cost estimate within 1 year of August 3, 2007 (reports may be classified or redacted), update them each year, and may use up to $5,000,000 for fiscal year 2008 to carry out this work.

Title 6, §1161

Domestic Security — Source: USLM XML via OLRC

(a)The Secretary shall establish a Federal task force, including the Transportation Security Administration and other agencies within the Department, the Department of Transportation, and other appropriate Federal agencies, to complete, within 6 months of August 3, 2007, a nationwide risk assessment of a terrorist attack on railroad carriers. The assessment shall include—

(1)a methodology for conducting the risk assessment, including timelines, that addresses how the Department will work with the entities described in subsection (c) and make use of existing Federal expertise within the Department, 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, communications 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 operational 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 assessment of the effective integration of such actions.

(b)(1)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) 11 See References in Text note below. of title 49, shall develop and implement the modal plan for railroad transportation, entitled the “National Strategy for Railroad Transportation Security”.

(2)The modal plan shall include prioritized goals, actions, objectives, policies, mechanisms, and schedules for, at a minimum—

(A)improving the security of railroad tunnels, railroad bridges, railroad switching and car storage areas, other railroad infrastructure and facilities, information systems, and other areas identified by the Secretary as posing significant railroad-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of railroad service or on operations served or otherwise affected by railroad service;

(B)deploying equipment and personnel to detect security threats, including those 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 terrorism 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, respond 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 railroads, the continued movement of freight and passengers in the event of an attack affecting 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 railroad 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)The Secretary shall include in the modal plan a description of the roles, responsibilities, and authorities of Federal, State, and local agencies, government-sponsored entities, tribal governments, and appropriate stakeholders described in subsection (c). The plan shall also include—

(A)the identification of, and a plan to address, gaps and unnecessary overlaps in the roles, responsibilities, and authorities described in this paragraph;

(B)a methodology for how the Department will work with the entities described in subsection (c), and make use of existing Federal expertise within the Department, the Department of Transportation, and other appropriate 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 railroad systems; and

(E)a process for coordinating existing or future security strategies and plans for railroad transportation, including the National Infrastructure Protection Plan required by Homeland Security Presidential Directive–7; Executive Order No. 13416: “Strengthening Surface Transportation Security” dated December 5, 2006; the Memorandum of Understanding 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)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 transport hazardous materials, emergency responders, offerors of security-sensitive materials, public safety officials, and other relevant parties.

(d)In developing the risk assessment and National Strategy required under this section, the Secretary shall utilize relevant existing plans, strategies, and risk assessments developed by the Department or other Federal agencies, including those developed or implemented pursuant to section 114(t) 1 of title 49 or Homeland Security Presidential Directive–7, and, as appropriate, assessments developed by other public and private stakeholders.

(e)(1)Not later than 1 year after August 3, 2007, the Secretary shall transmit to the appropriate congressional committees a report containing—

(A)the assessment and the National Strategy required by this section; and

(B)an estimate of the cost to implement the National Strategy.

(2)The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary.

(f)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 appropriate congressional committees containing the updated assessment and recommendations.

(g)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.

Notes & Related Subsidiaries

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 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.

§1161 Railroad Transportation Security Risk Assessment and National Strategy

Summary

Title 6, §1161

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata