PRIA, Government Policy, Made Personal

Summary

The Secretary of Homeland Security, working with the Under Secretary for Science and Technology and the TSA Administrator, must run a research and development program to improve the security of railroad systems. The program can fund work to lower risks from explosives and hazardous chemical, biological, and radioactive substances, develop fast passenger-screening tools, test emergency response and recovery methods (including at borders), and create better railroad security technologies (like safer tank cars, automatic inspections, train control and communications, tunnel and bridge protection, and emergency training). It can also test tamper-detection wayside sensors, support safer transport of security-sensitive materials, reduce damage from cyberattacks, and address other vulnerabilities the Secretary finds. The Secretary must follow the National Strategy for Railroad Transportation Security and coordinate with other research efforts, including the Department of Transportation, the National Academy of Sciences, the Technical Support Working Group, other agencies, research labs, and universities (including HBCUs, HSIs, and tribal colleges). Projects may be done with other agencies that already work in similar areas or have special facilities, and the Secretary may use grants, contracts, cooperative agreements, or other arrangements and should try to work with railroad carriers that offer space or resources. The Secretary must consult the Department’s Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties and have privacy impact assessments and civil‑rights reviews when projects could affect privacy or rights. From funds provided under section 114(w) of title 49, $33,000,000 must be made available for each fiscal year 2008, 2009, 2010, and 2011, and those amounts remain available until spent.

Title 6, §1168

Domestic Security, Source: USLM XML via OLRC

(a)Establishment of research and development program

The Secretary, acting through the Under Secretary for Science and Technology and the Administrator of the Transportation Security Administration, shall carry out a research and development program for the purpose of improving the security of railroad transportation systems.

(b)Eligible projects

The research and development program may include projects—

(1)to reduce the vulnerability of passenger trains, stations, and equipment to explosives and hazardous chemical, biological, and radioactive substances, including the development of technology to screen passengers in large numbers at peak commuting times with minimal interference and disruption;

(2)to test new emergency response and recovery techniques and technologies, including those used at international borders;

(3)to develop improved railroad security technologies, including—

(A)technologies for sealing or modifying railroad tank cars;

(B)automatic inspection of railroad cars;

(C)communication-based train control systems;

(D)emergency response training, including training in a tunnel environment;

(E)security and redundancy for critical communications, electrical power, computer, and train control systems; and

(F)technologies for securing bridges and tunnels;

(4)to test wayside detectors that can detect tampering;

(5)to support enhanced security for the transportation of security-sensitive materials by railroad;

(6)to mitigate damages in the event of a cyber attack; and

(7)to address other vulnerabilities and risks identified by the Secretary.

(c)Coordination with other research initiatives

The Secretary—

(1)shall ensure that the research and development program is consistent with the National Strategy for Railroad Transportation Security developed under section 1161 of this title and any other transportation security research and development programs required by this Act;

(2)shall, to the extent practicable, coordinate the research and development activities of the Department with other ongoing research and development security-related initiatives, including research being conducted by—

(A)the Department of Transportation, including University Transportation Centers and other institutes, centers, and simulators funded by the Department of Transportation;

(B)the National Academy of Sciences;

(C)the Technical Support Working Group;

(D)other Federal departments and agencies; and

(E)other Federal and private research laboratories, research entities, and universities and institutions of higher education, including Historically Black Colleges and Universities, Hispanic Serving Institutions, or Indian Tribally Controlled Colleges and Universities;

(3)shall carry out any research and development project authorized by this section through a reimbursable agreement with an appropriate Federal agency, if the agency—

(A)is currently sponsoring a research and development project in a similar area; or

(B)has a unique facility or capability that would be useful in carrying out the project;

(4)may award grants, or enter into cooperative agreements, contracts, other transactions, or reimbursable agreements to the entities described in paragraph (2) and the eligible grant recipients under section 1163 of this title; and

(5)shall make reasonable efforts to enter into memoranda of understanding, contracts, grants, cooperative agreements, or other transactions with railroad carriers willing to contribute both physical space and other resources.

(d)Privacy and civil rights and civil liberties issues

(1)Consultation

In carrying out research and development projects under this section, the Secretary shall consult with the Chief Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department as appropriate and in accordance with section 142 of this title.

(2)Privacy impact assessments

In accordance with section 142 and 345 of this title, the Chief Privacy Officer shall conduct privacy impact assessments and the Officer for Civil Rights and Civil Liberties shall conduct reviews, as appropriate, for research and development initiatives developed under this section that the Secretary determines could have an impact on privacy, civil rights, or civil liberties.

(e)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)$33,000,000 for fiscal year 2009;

(C)$33,000,000 for fiscal year 2010; and

(D)$33,000,000 for fiscal year 2011.

(2)Period of availability

Such sums shall remain available until expended.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (c)(1), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266, known as the Implementing Recommendations of the 9/11 Commission Act of 2007, which enacted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see

Short Title

of 2007 Amendment note set out under section 101 of this title and Tables. section 114(w) of title 49, referred to in subsec. (e)(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.

§1168 Railroad Security Research and Development