---
kind: "section"
citation: "6 U.S.C. § 1163"
title: "6"
title_heading: "Domestic Security"
number: "1163"
heading: "Railroad security assistance"
release: "119-102"
url: "https://uscodex.org/usc/6/1163"
units:
  - "Chapter 4 — Transportation Security"
  - "Subchapter IV — Surface Transportation Security"
  - "Part B — Railroad Security"
---

# §1163. Railroad security assistance

- (a) **Security improvement grants—**
  - (1) The [Secretary](/usc/6/1151.md?p=2), in consultation with the [Administrator](/usc/6/701.md?p=1) of the [Transportation](/usc/6/1151.md?p=11) Security Administration and other appropriate [agencies](/usc/6/701.md?p=2) or officials, is authorized to make grants to [railroad carriers](/usc/6/1151.md?p=8), the Alaska [Railroad](/usc/6/1151.md?p=7), [security-sensitive materials](/usc/6/1151.md?p=13) offerors who ship by [railroad](/usc/6/1151.md?p=7), owners of [railroad](/usc/6/1151.md?p=7) cars used in the [transportation](/usc/6/1151.md?p=11) of [security-sensitive materials](/usc/6/1151.md?p=13), [State](/usc/6/1151.md?p=9) and [local governments](/usc/6/470.md?p=a-2) (for [railroad](/usc/6/1151.md?p=7) passenger facilities and infrastructure not owned by [Amtrak](/usc/6/1151.md?p=15)), and [Amtrak](/usc/6/1151.md?p=15) for intercity passenger [railroad](/usc/6/1151.md?p=7) and freight [railroad](/usc/6/1151.md?p=7) security improvements described in [subsection (b)](#b) as approved by the [Secretary](/usc/6/1151.md?p=2).
  - (2) A [railroad carrier](/usc/6/1151.md?p=8) is eligible for a grant under this section if the carrier has completed a vulnerability assessment and developed a security plan that the [Secretary](/usc/6/1151.md?p=2) has approved in accordance with [section 1162 of this title](/usc/6/1162.md).
  - (3) A recipient of a grant under this section may use grant [funds](/usc/6/677a.md?p=5) only for permissible uses under [subsection (b)](#b) to further a [railroad](/usc/6/1151.md?p=7) security plan that meets the requirements of [paragraph (2)](#a-2).
  - (4) Notwithstanding the requirement for eligibility and uses of [funds](/usc/6/677a.md?p=5) in paragraphs [(2)](#a-2) and [(3)](#a-3), a [railroad carrier](/usc/6/1151.md?p=8) is eligible for a grant under this section if the applicant uses the [funds](/usc/6/677a.md?p=5) solely for the development of assessments or security plans under [section 1162 of this title](/usc/6/1162.md).
  - (5) Notwithstanding the requirements for eligibility and uses of [funds](/usc/6/677a.md?p=5) in paragraphs [(2)](#a-2) and [(3)](#a-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](/usc/6/1162.md) or 3 years after August 3, 2007, the [Secretary](/usc/6/1151.md?p=2) may award grants under this section for rail security improvements listed under [subsection (b)](#b) based upon [railroad carrier](/usc/6/1151.md?p=8) vulnerability assessments and security plans that the [Secretary](/usc/6/1151.md?p=2) determines are sufficient for the purposes of this section but have not been approved by the [Secretary](/usc/6/1151.md?p=2) in accordance with [section 1162 of this title](/usc/6/1162.md).
- (b) **Uses of funds—** A recipient of a grant under this section shall use the grant [funds](/usc/6/677a.md?p=5) for one or more of the following:
  - (1) Security and redundancy for critical communications, computer, and train control systems essential for secure [railroad](/usc/6/1151.md?p=7) operations, including communications interoperability where appropriate with relevant outside [agencies](/usc/6/701.md?p=2) and entities.
  - (2) Accommodation of [railroad](/usc/6/1151.md?p=7) cargo or passenger security inspection facilities, related infrastructure, and operations at or near [United States](/usc/6/1151.md?p=12) international borders or other ports of entry.
  - (3) The security of [security-sensitive materials](/usc/6/1151.md?p=13) [transportation](/usc/6/1151.md?p=11) by [railroad](/usc/6/1151.md?p=7).
  - (4) Chemical, biological, radiological, or explosive detection, including canine patrols for such detection.
  - (5) The security and preparedness of intercity passenger [railroad](/usc/6/1151.md?p=7) stations, trains, and infrastructure, including security capital improvement projects that the [Secretary](/usc/6/1151.md?p=2) determines enhance [railroad](/usc/6/1151.md?p=7) station security.
  - (6) Technologies to reduce the vulnerabilities of [railroad](/usc/6/1151.md?p=7) cars, including structural modification of [railroad](/usc/6/1151.md?p=7) cars transporting [security-sensitive materials](/usc/6/1151.md?p=13) to improve their resistance to acts of [terrorism](/usc/6/1111.md?p=5).
  - (7) The sharing of intelligence and information about security threats and preparedness, including connectivity to the National Terrorist Screening [Center](/usc/6/681.md?p=1).
  - (8) To obtain train tracking and communications equipment, including equipment that is [interoperable](/usc/6/311.md?p=6) with Federal, [State](/usc/6/1151.md?p=9), and local [agencies](/usc/6/701.md?p=2) and [tribal governments](/usc/6/311.md?p=13).
  - (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](/usc/6/1151.md?p=7) [transportation](/usc/6/1151.md?p=11).
  - (10) Overtime reimbursement, including reimbursement of [State](/usc/6/1151.md?p=9), local, and [tribal governments](/usc/6/311.md?p=13) for costs, for enhanced security personnel assigned to duties related to [railroad](/usc/6/1151.md?p=7) 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](/usc/6/1151.md?p=2).
  - (11) Perimeter protection systems, including access control, installation of improved lighting, fencing, and barricades at [railroad](/usc/6/1151.md?p=7) facilities.
  - (12) Tunnel protection systems.
  - (13) Passenger evacuation and evacuation-related capital improvements.
  - (14) [Railroad](/usc/6/1151.md?p=7) security inspection technologies, including verified visual inspection technologies using hand-held readers.
  - (15) Surveillance equipment.
  - (16) Cargo or passenger screening equipment.
  - (17) [Emergency](/usc/6/701.md?p=6) 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](/usc/6/1167.md), and training developed by universities, institutions of higher education, and nonprofit employee labor organizations, for [railroad](/usc/6/1151.md?p=7) employees, including [frontline employees](/usc/6/1131.md?p=4).
  - (19) Live or simulated exercises, including exercises described in [section 1166 of this title](/usc/6/1166.md).
  - (20) Public awareness campaigns for enhanced [railroad](/usc/6/1151.md?p=7) security.
  - (21) Development of assessments or security plans under [section 1162 of this title](/usc/6/1162.md).
  - (22) Other security improvements—
    - (A) identified, required, or recommended under sections [1161](/usc/6/1161.md) and [1162](/usc/6/1162.md) of this title, including infrastructure, facilities, and equipment upgrades; or
    - (B) that the [Secretary](/usc/6/1151.md?p=2) considers appropriate.
- (c) **Department of Homeland Security responsibilities—** In carrying out the responsibilities under [subsection (a)](#a), the [Secretary](/usc/6/1151.md?p=2) shall—
  - (1) determine the requirements for recipients of grants;
  - (2) establish priorities for uses of [funds](/usc/6/677a.md?p=5) for grant recipients;
  - (3) award the [funds](/usc/6/677a.md?p=5) authorized by this section based on risk, as identified by the plans required under sections [1161](/usc/6/1161.md) and [1162](/usc/6/1162.md) of this title, or assessment or plan described in [subsection (a)(5)](#a-5);
  - (4) take into account whether stations or facilities are used by commuter [railroad](/usc/6/1151.md?p=7) passengers as well as intercity [railroad](/usc/6/1151.md?p=7) 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](/usc/6/1151.md?p=15) under this section, transfer grant [funds](/usc/6/677a.md?p=5) to the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) to be disbursed to [Amtrak](/usc/6/1151.md?p=15).
- (d) **Multiyear awards—** Grant [funds](/usc/6/677a.md?p=5) 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](/usc/6/1151.md?p=9) or [local government](/usc/6/470.md?p=a-2) 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](/usc/6/1151.md?p=2) on the use of grant [funds](/usc/6/677a.md?p=5).
- (g) **Non-Federal match study—** Not later than 240 days after August 3, 2007, the [Secretary](/usc/6/1151.md?p=2) shall provide a report to the [appropriate congressional committees](/usc/6/1151.md?p=1) on the feasibility and appropriateness of requiring a non-Federal match for grants awarded to freight [railroad carriers](/usc/6/1151.md?p=8) and other [private entities](/usc/6/665h.md?p=b-2) under this section.
- (h) **Subject to certain standards—** A recipient of a grant under this section and sections [1164](/usc/6/1164.md) and [1165](/usc/6/1165.md) of this title shall be required to comply with the standards of [section 24312 of title 49](/usc/49/24312.md), as in effect on January 1, 2007, with respect to the project in the same manner as [Amtrak](/usc/6/1151.md?p=15) is required to comply with such standards for construction work financed under an agreement made under [section 24308(a)](/usc/49/24308.md?p=a) of that title.
- (i) **Authorization of appropriations—**
  - (1) **In general—** Out of [funds](/usc/6/677a.md?p=5) appropriated pursuant to [section 114(w)](/usc/6/114.md)[^1] of [title 49](/usc/49.md), there shall be made available to the [Secretary](/usc/6/1151.md?p=2) 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 availability—** Sums appropriated to carry out this section shall remain available until expended.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 110–53, title XV, § 1513, Aug. 3, 2007, 121 Stat. 433; Pub. L. 115–254, div. K, title I, § 1973(a), Oct. 5, 2018, 132 Stat. 3614.)

## Notes

### 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”.