§1163 — Title 6 Domestic Security | U.S. Code

Summary

The Secretary can give grants to improve railroad security. Grants may go to railroad companies (including the Alaska Railroad), people or companies that ship or own rail cars with security-sensitive materials, state and local governments for passenger facilities not owned by Amtrak, and Amtrak. A railroad carrier must have a vulnerability check and an approved security plan under section 1162 to get money, except the carrier can get funds just to develop those checks or plans. Also, before the earlier of (1) one year after final rules require those checks and plans or (2) three years after August 3, 2007, the Secretary may award grants based on assessments and plans the Secretary finds good enough even if not yet formally approved. Grant money can be used for many security purposes, including communication and train control security, border inspection facilities, protecting shipments of sensitive materials, chemical/biological/radiological/explosive detection (including canine teams), station and train security upgrades, strengthening rail cars, sharing threat information, train tracking and interoperable communications, hiring and training security officers, overtime pay for extra security during high threat times or special events, perimeter and tunnel protection, evacuation improvements, inspection and surveillance technology, cargo and passenger screening, emergency response gear, training and exercises, public awareness, making assessments or plans, and other upgrades the Secretary finds appropriate. The Secretary sets grant rules, priorities, and awards funds based on risk and whether facilities also serve commuter passengers. Grants may span years, cannot be used to meet cost-sharing for other federal laws, and recipients must report each year on how they spent the money. Projects must meet certain construction standards in 49 U.S.C. 24312 as of January 1, 2007. Within 240 days after August 3, 2007, the Secretary must report to Congress about whether private freight railroads should be required to share costs. Funding provided is $300,000,000 for each of fiscal years 2008, 2009, 2010, and 2011, and those funds remain available until spent.

Title 6, §1163

Domestic Security — Source: USLM XML via OLRC

(a)(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)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)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)Grant funds awarded under this section may be awarded for projects that span multiple years.

(e)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)Each recipient of a grant under this section shall report annually to the Secretary on the use of grant funds.

(g)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)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)(1)Out of funds appropriated pursuant to section 114(w) 11 See References in Text note below. of title 49, there shall be made available to the Secretary to carry out this section—

(A)$300,000,000 for fiscal year 2008;

(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)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