PRIA, Government Policy, Made Personal

Summary

The Secretary may give money to railroads, the Alaska Railroad, Amtrak, companies that ship dangerous or sensitive materials by rail, owners of rail cars used for those materials, and state or local governments for passenger facilities they do not own. To get a grant, a railroad usually must have a vulnerability assessment and a security plan that the Secretary has approved under section 1162. Grants can only be used for the approved security plan, but applicants may get money just to develop assessments or plans. Before the earlier of 1 year after final rules requiring those assessments and plans are issued or 3 years after August 3, 2007, the Secretary may approve grants based on assessments or plans that the Secretary finds good enough even if they are not yet formally approved. Grant money can pay for many kinds of security work, including communications and train-control protection, inspection and screening facilities, detection systems (like canine teams), station and infrastructure security, hardening rail cars, information sharing, train tracking, hiring and training security staff, overtime for extra security, perimeter and tunnel protection, evacuation and emergency gear, surveillance and inspection tech, drills and training, public awareness, planning, and other Secretary-approved projects. The Secretary sets rules, priorities, and awards funds based on risk, may favor projects used by commuter riders too, and must encourage non-Federal funding. Grants can run for multiple years, cannot be used as cost-share under other Federal laws, require an annual report by recipients, and must meet construction standards in 49 U.S.C. 24312 as of January 1, 2007. A report on non-Federal matching is due 240 days after August 3, 2007. The law makes $300,000,000 available each year for fiscal years 2008, 2009, 2010, and 2011; the funds remain available until spent. If Amtrak gets a grant, the Secretary must transfer the money to the Secretary of Transportation within 5 business days for disbursement.

Title 6, §1163

Domestic Security, Source: USLM XML via OLRC

(a)Security improvement grants

(1)The Secretary, in consultation with the Administrator of the Transportation Security Administration and other appropriate agencies or officials, is authorized to make grants to railroad carriers, the Alaska Railroad, security-sensitive materials offerors who ship by railroad, owners of railroad cars used in the transportation of security-sensitive materials, State and local governments (for railroad passenger facilities and infrastructure not owned by Amtrak), and Amtrak for intercity passenger railroad and freight railroad security improvements described in subsection (b) as approved by the Secretary.

(2)A railroad carrier is eligible for a grant under this section if the carrier has completed a vulnerability assessment and developed a security plan that the Secretary has approved in accordance 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 security plan that meets the requirements of paragraph (2).

(4)Notwithstanding the requirement for eligibility 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 solely for the development of assessments or security plans under section 1162 of this title.

(5)Notwithstanding the requirements for eligibility 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 vulnerability 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 listed under subsection (b) based upon railroad carrier vulnerability assessments and security plans that the Secretary determines are sufficient for the purposes of this section but have not been approved by the Secretary in accordance 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 following:

(1)Security and redundancy for critical communications, computer, and train control systems essential for secure railroad operations, including communications interoperability where appropriate with relevant outside agencies and entities.

(2)Accommodation of railroad cargo or passenger 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 materials transportation by railroad.

(4)Chemical, biological, radiological, or explosive detection, including canine patrols for such detection.

(5)The security and preparedness of intercity passenger railroad stations, trains, and infrastructure, including security capital improvement projects that the Secretary determines enhance railroad station security.

(6)Technologies to reduce the vulnerabilities of railroad cars, including structural modification of railroad cars transporting security-sensitive materials to improve their resistance to acts of terrorism.

(7)The sharing of intelligence and information about security threats and preparedness, including connectivity to the National Terrorist Screening Center.

(8)To obtain train tracking and communications equipment, including equipment that is interoperable with Federal, State, and local agencies and tribal governments.

(9)To hire, train, and employ police, security, and preparedness officers, including canine units, assigned to full-time security or counterterrorism duties related to railroad transportation.

(10)Overtime reimbursement, including reimbursement of State, local, and tribal governments for costs, for enhanced security personnel 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 lighting, fencing, and barricades at railroad facilities.

(12)Tunnel protection systems.

(13)Passenger evacuation and evacuation-related capital improvements.

(14)Railroad security inspection technologies, including verified visual inspection technologies using hand-held readers.

(15)Surveillance equipment.

(16)Cargo or passenger screening equipment.

(17)Emergency response equipment, including fire suppression and decontamination equipment, personal protective equipment, and defibrillators.

(18)Operating and capital costs associated 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.

(19)Live or simulated exercises, including exercises described in section 1166 of this title.

(20)Public awareness campaigns for enhanced 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 section 1161 and 1162 of this title, including infrastructure, facilities, and equipment upgrades; or

(B)that the Secretary considers appropriate.

(c)Department of Homeland Security responsibilities

In carrying out the responsibilities under subsection (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 section based on risk, as identified by the plans required under section 1161 and 1162 of this title, or assessment or plan described in subsection (a)(5);

(4)take into account whether stations or facilities are used by commuter railroad passengers as well as intercity railroad passengers in reviewing grant applications;

(5)encourage non-Federal financial participation in projects funded by grants; and

(6)not later than 5 business days after awarding a grant to Amtrak under this section, 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 Federal 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 appropriate congressional committees on the feasibility 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 section 1164 and 1165 of this title shall be required 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 section 114(w) of title 49, there shall be made available to the Secretary to carry out this section— (A)

(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.

Notes & Related Subsidiaries

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), substituted “, including communications interoperability where appropriate with relevant outside agencies and entities.” for period at end. 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 Center” for “security threats”. Subsec. (b)(9). Pub. L. 115–254, § 1973(a)(4), substituted “, security, and preparedness officers” for “and security officers”.

§1163 Railroad Security Assistance