§1164 — Title 6 Domestic Security | U.S. Code

Summary

The Secretary, working with the Transportation Security Administration Administrator, can give grants to Amtrak to pay for security work. Grants can fund protecting underwater and underground assets and other high-risk parts of the system, counterterrorism and security training, visible and unpredictable deterrence, and emergency drills. Grants must also be used for specific needs such as securing major tunnel access and tunnel integrity in New York, New Jersey, Maryland, and Washington, DC; securing trains and stations; getting a watchlist ID system or linking to the National Terrorism Screening Center; buying train tracking and interoperable communications that work with federal, state, local, and tribal agencies; hiring and training police and canine units; paying for security training and live or simulated exercises; improving passenger, employee, and contractor ID systems; and improving Amtrak computer security. Grants must pay for projects in a systemwide security plan the Secretary approves. Within 5 business days after a grant is awarded, the Secretary must transfer the funds to the Secretary of Transportation to give to Amtrak. The Secretary must also make sure stations and facilities outside the Northeast Corridor get a fair share of the money while still meeting the system’s highest security needs and following required risk and vulnerability assessments. Funding provided is $150,000,000 for fiscal year 2008, $150,000,000 for fiscal year 2009, $175,000,000 for fiscal year 2010, and $175,000,000 for fiscal year 2011; the amounts remain available until spent.

Title 6, §1164

Domestic Security — Source: USLM XML via OLRC

(a)(1)Subject to subsection (b), the Secretary, in consultation with the Administrator of the Transportation Security Administration, is authorized to make grants to Amtrak in accordance with the provisions of this section.

(2)The Secretary may make such grants for the purposes of—

(A)protecting underwater and underground assets and systems;

(B)protecting high-risk and high-consequence assets identified through systemwide risk assessments;

(C)providing counterterrorism or security training;

(D)providing both visible and unpredictable deterrence; and

(E)conducting emergency preparedness drills and exercises.

(3)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 connect to the National Terrorism Screening Center watchlist;

(E)to obtain train tracking and interoperable communications systems that are coordinated with Federal, State, and local agencies and tribal governments to the maximum extent possible;

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

(G)for 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;

(H)for live or simulated exercises, including exercises described in section 1166 of this title;

(I)for improvements to passenger verification systems;

(J)for improvements to employee and contractor verification systems, including identity verification technology; or

(K)for improvements to the security of Amtrak computer systems, including cybersecurity assessments and programs.

(b)The Secretary shall award grants to Amtrak under this section for projects contained in a systemwide security plan approved by the Secretary developed pursuant to section 1162 of this title. Not later than 5 business days after awarding 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)The Secretary shall ensure that, subject to meeting the highest security needs on Amtrak’s entire system and consistent with the risk assessment required under section 1161 of this title and Amtrak’s vulnerability assessment and security 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)(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 and the Administrator of the Transportation Security Administration 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)Amounts appropriated pursuant to paragraph (1) shall remain available until expended.

Notes & Related Subsidiaries

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), inserted “, 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 Transportation Security Administration’s Secure Flight Program or a similar passenger vetting system to enhance passenger rail security. “(b) Considerations.—In making a decision under subsection (a), the Administrator shall—“(1) consider the technological, privacy, operational, and security impacts of such a decision; and “(2) describe such impacts in any strategic plan developed 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 security by—“(1) vetting passengers using terrorist watch lists maintained by the Federal Government or a similar passenger vetting system maintained by the Transportation Security Administration; and “(2) where applicable and in consultation with the Commissioner of U.S. Customs and Border Protection, 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 appropriate 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 Representatives] 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 authority to set the access to, or terms and conditions of using, the Secure Flight Program or a similar passenger vetting system.”

§1164 Systemwide Amtrak Security Upgrades