---
kind: "section"
citation: "6 U.S.C. § 1165"
title: "6"
title_heading: "Domestic Security"
number: "1165"
heading: "Fire and life safety improvements"
release: "119-102"
url: "https://uscodex.org/usc/6/1165"
units:
  - "Chapter 4 — Transportation Security"
  - "Subchapter IV — Surface Transportation Security"
  - "Part B — Railroad Security"
---

# §1165. Fire and life safety improvements

- (a) **Life-safety needs—** There are authorized to be appropriated to the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) for making grants to [Amtrak](/usc/6/1151.md?p=15) for the purpose of carrying out projects to make fire and life safety improvements to [Amtrak](/usc/6/1151.md?p=15) tunnels on the Northeast Corridor the following amounts:
  - (1) For the 6 New York and New Jersey tunnels to provide ventilation, electrical, and fire safety technology improvements, [emergency](/usc/6/701.md?p=6) communication and lighting systems, and [emergency](/usc/6/701.md?p=6) access and egress for passengers—
    - (A) $25,000,000 for fiscal year 2008;
    - (B) $30,000,000 for fiscal year 2009;
    - (C) $45,000,000 for fiscal year 2010; and
    - (D) $60,000,000 for fiscal year 2011.
  - (2) For the Baltimore Potomac Tunnel and the Union Tunnel, together, to provide adequate drainage and ventilation, communication, lighting, standpipe, and passenger egress improvements—
    - (A) $5,000,000 for fiscal year 2008;
    - (B) $5,000,000 for fiscal year 2009;
    - (C) $5,000,000 for fiscal year 2010; and
    - (D) $5,000,000 for fiscal year 2011.
  - (3) For the Union Station tunnels in the District of Columbia to improve ventilation, communication, lighting, and passenger egress improvements—
    - (A) $5,000,000 for fiscal year 2008;
    - (B) $5,000,000 for fiscal year 2009;
    - (C) $5,000,000 for fiscal year 2010; and
    - (D) $5,000,000 for fiscal year 2011.
- (b) **Infrastructure upgrades—** Out of [funds](/usc/6/677a.md?p=5) appropriated pursuant to [section 1153 of this title](/usc/6/1153.md), there shall be made available to the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) for fiscal year 2008, $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels.
- (c) **Availability of amounts—** Amounts appropriated pursuant to this section shall remain available until expended.
- (d) **Plans required—** The [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) may not make amounts available to [Amtrak](/usc/6/1151.md?p=15) for obligation or expenditure under [subsection (a)](#a)—
  - (1) until [Amtrak](/usc/6/1151.md?p=15) has submitted to the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11), and the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) has approved, an engineering and financial plan for such projects; and
  - (2) unless, for each project funded pursuant to this section, the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) has approved a project management plan prepared by [Amtrak](/usc/6/1151.md?p=15).
- (e) **Review of plans—**
  - (1) **In general—** The [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall complete the review of a plan required under [subsection (d)](#d) and approve or disapprove the plan within 45 days after the date on which each such plan is submitted by [Amtrak](/usc/6/1151.md?p=15).
  - (2) **Incomplete or deficient plan—** If the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) determines that a plan is incomplete or deficient, the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall notify [Amtrak](/usc/6/1151.md?p=15) of the incomplete items or deficiencies and [Amtrak](/usc/6/1151.md?p=15) shall, within 30 days after receiving the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11)’s notification, submit a modified plan for the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11)’s review.
  - (3) **Approval of plan—** Within 15 days after receiving additional information on items previously included in the plan, and within 45 days after receiving items newly included in a modified plan, the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall either approve the modified plan, or if the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) finds the plan is still incomplete or deficient, the [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11) shall—
    - (A) identify in writing to the [appropriate congressional committees](/usc/6/1151.md?p=1) the portions of the plan the [Secretary](/usc/6/1151.md?p=2) finds incomplete or deficient;
    - (B) approve all other portions of the plan;
    - (C) obligate the [funds](/usc/6/677a.md?p=5) associated with those portions; and
    - (D) execute an agreement with [Amtrak](/usc/6/1151.md?p=15) within 15 days thereafter on a process for resolving the remaining portions of the plan.
- (f) **Financial contribution from other tunnel users—** The [Secretary](/usc/6/1151.md?p=2) of [Transportation](/usc/6/1151.md?p=11), taking into account the need for the timely completion of all portions of the tunnel projects described in [subsection (a)](#a), shall—
  - (1) consider the extent to which [railroad carriers](/usc/6/1151.md?p=8) other than [Amtrak](/usc/6/1151.md?p=15) use or plan to use the tunnels;
  - (2) consider the feasibility of seeking a financial contribution from those other [railroad carriers](/usc/6/1151.md?p=8) toward the costs of the projects; and
  - (3) obtain financial contributions or commitments from such other [railroad carriers](/usc/6/1151.md?p=8) at levels reflecting the extent of their use or planned use of the tunnels, if feasible.

## Source credit

(Pub. L. 110–53, title XV, § 1515, Aug. 3, 2007, 121 Stat. 437.)