Public Law 110-53, Section 1513

9

AU rt-iE'" rlC:ATE
U.S. GOVERNMENT
INfORMATION

CPO

PUBLIC LAW nO-53-AUG. 3, 2007

IMPLEMENTING RECOMMENDATIONS OF THE

9/11 COMMISSION ACT OF 2007

PUBLIC LAW 110-53-AUG. 3,2007

121 STAT. 268

Sec. 1104. Integration of detection equipment and technologies.
TITLE XlI-TRANSPORTATION SECURITY PLANNING AND INFORMATION

SHARING

Sec. 1201. Definitions.

Sec. 1202. Transportation security strategic planning.

Sec. 1203. Transportation security information sharing.

Sec. 1204. National domestic preparedness consortium.

Sec. 1205. National transportation security center of excellence.

Sec. 1206. Immunity for reports of suspected terrorist activity or suspicious behav­

ior and response.
TITLE XlII-TRANSPORTATION SECURITY ENHANCEMENTS
1301. Definitions.

1302. Enforcement authority.

1303. Authorization of visible intermodal prevention and response teams.

1304. Surface transportation security inspectors.

1305. Surface transportation security technology information sharing.

1306. TSA personnel limitations.

1307. National explosives detection canine team training progT ~'.m.

1308. Maritime and surface transportation security user fee study.

1309. Prohibition of issuance of transportation security cards to convicted fel­

ons.
Sec. 1310. Roles of the Department of Homeland Security and the Department of
Transportation.

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TITLE XIV-PUBLIC TRANSPORTATION SECURITY
Short title.
Definitions.
Findings.
National Strategy for Public Transportation Security.
Security assessments and plans.
Public transportation security assistance.
Security exercises.
Public transportation security training program.
Public transportation research and development.
Information sharing.
Threat assessments.
Reporting requirements.
Public transportation employee protections.
Security background checks of covered individuals for public transpor­
tation.
Sec. 1415. Limitation on fines and civil penalties.
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1401.
1402.
1403.
1404.
1405.
1406.
1407.
1408.
1409.
1410.
1411.
1412
1413.
1414.

TITLE XV-SURFACE TRANSPORTATION SECURITY

...

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1501.
1502.
1503.
1504.

Subtitle A-General Provisions
Definitions.
Oversight and grant procedures.
Authorization of appropriations.
Public awareness.

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1511.
1512.
1513.
1514.
1515.
1516.
1517.
1518.
1519.
1520.
1521.
1522.
1523.
1524.
1525.
1526.
1527.

Subtitle B-Railroad Security
Railroad transportation security risk assessment and national strategy.

Railroad carrier assessments and plans.

Railroad security assistance.

Systemwide Amtrak security upgrades.

Fire and life safety improvements.

Railroad carrier exercises.

Railroad security training program.

Railroad security research and development.

Railroad tank car security testing.

Railroad threat assessments.

Railroad employee protections.

Security background checks of covered individuals.

Northern border railroad passenger report.

International Railroad Security Program.

Transmission line report.

Railroad security enhancements.

Applicability of District of Columbia law to certain Amtrak contracts.

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 433

carrier shares facilities with, or is colocated with, other transpor­
tation entities or providers that are required to develop vulnerability
assessments and security plans under Federal law.
(m) CONSULTATION.-In carrying out this section, the Secretary
shall consult with railroad carriers, nonprofit employee labor
organizations representation railroad employees, and public safety
and law enforcement officials.
SEC. 1513. RAILROAD SECURITY ASSISTANCE.

(a) SECURITY IMPROVEMENT GRANTS.-(l) The Secretary, in con­
sultation 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 facili­
ties and infrastructure not owned by Amtrak), and Amtrak for
intercity passenger railroad and freight railroad security improve­
ments 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 devel­
oped a security plan that the Secretary has approved in accordance
with section 1512.
(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 1512.
(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 1512 or 3 years
after the date of enactment of this Act, 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 1512.
(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 rail­

road operations.

(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 transpor­

tation by railroad.

(4) Chemical, biological, radiological, or explosive detection,

including canine patrols for such detection.

6 USC 1163.

121 STAT. 434

PUBLIC LAW 110-53-AUG. 3, 2007
(5) The security of intercity passenger railroad stations,
trains, and infrastructure, including security capital improve­
ment projects that the Secretary determines enhance railroad
station security.
(6) Technologies to reduce the vulnerabilities of railroad
cars, inc! uding structural modi fica tion of railroad cars trans­
porting security-sensitive materials to improve their resistance
to acts of terrorism.
(7) The sharing of intelligence and information about secu­
rity threats.
(8) To obtain train tracking and communications equip­
ment, including equipment that is interoperable with Federal,
State, and local agencies and tribal governments.
(9) To hire, train, and employ police and security officers,
including canine units, assigned to full-time security or
counterterrorism duties related to railroad transportation.
(0) 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.
(1) Perimeter protection systems, including access control,
installation of improved lighting, fencing, and barricades at
railroad facilities.
(12) Tunnel protection systems.
(3) Passenger evacuation and evacuation-related capital
improvements.
(4) Railroad security inspection technologies, including
verified visual inspection technologies using hand-held readers.
(5) Surveillance equipment.
(16) Cargo or passenger screening equipment.
(7) Emergency response equipment, including fire suppres­
sion and decontamination equipment, personal protective equip­
ment, and defibrilla tors.
(8) Operating and capital costs associated with security
awareness, preparedness, and response training, including
training under section 1517, and training developed by univer­
sities, 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 1516.
(20) Public awareness campaigns for enhanced railroad
security.
(21) Development of assessments or security plans under
section 1512.
(22) Other security improvements­
(A) identified, required, or recommended under sections
1511 and 1512, 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 Sec­
retary shall­
0) determine the requirements for recipients of grants;
(2) establish priorities for uses of funds for grant recipients;

PUBLIC LAW 1l0-53-AUG. 3, 2007

121 STAT. 435

(3) award the funds authorized by this section based on

risk, as identified by the plans required under sections 1511

and 1512, 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 Deadline.
to Amtrak under this section, transfer grant funds to the Sec­
retary of Transportation to be disbursed to Amtrak.
(d) MULTIYEAR AWARDS.-Grant funds awarded under this sec­
tion 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.
(D 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 Deadline.
after the date of enactment of this Act, the Secretary shall provide Reports.
a report to the appropriate congressional committees on the feasi­
bility 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 sections 1514 and 1515 shall be required
to comply with the standards of section 24312 of title 49, United
States Code, 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 agree­
ment 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, United States Code, as amended

by section 1503 of this title, 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) PERIOD OF AVAlLABlLITY.-Sums appropriated to carry

out this section shall remain available until expended.

SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

(a) IN GENERAL.­
(1) GRANTS.-Subject to subsection (b), the Secretary, in

consultation with the Administrator of the Transportation Secu­

rity Administration, is authorized to make grants to Amtrak

in accordance with the provisions of this section.

(2) GENERAL PURPOSES.-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;

6 USC 1164.