§ 1163. Railroad security assistance
(a)
Security improvement grants
(1)
The Secretary, in consultation 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 facilities and infrastructure not owned by Amtrak), and Amtrak for intercity passenger railroad and freight railroad security improvements 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 developed a security plan that the Secretary has approved in accordance with section
1162 of this title.
(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
1162 of this title.
(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
1162 of this title or 3 years after August 3, 2007, 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
1162 of this title.
(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 railroad 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.
(4)
Chemical, biological, radiological, or explosive detection, including canine patrols for such detection.
(5)
The security of intercity passenger railroad stations, trains, and infrastructure, including security capital improvement projects that the Secretary determines enhance railroad station security.
(6)
Technologies to reduce the vulnerabilities of railroad cars, including structural modification of railroad cars transporting security-sensitive materials to improve their resistance to acts of terrorism.
(8)
To obtain train tracking and communications equipment, 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.
(10)
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.
(11)
Perimeter protection systems, including access control, installation of improved lighting, fencing, and barricades at railroad facilities.
(14)
Railroad security inspection technologies, including verified visual inspection technologies using hand-held readers.
(17)
Emergency 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, and training developed by universities, institutions of higher education, and nonprofit employee labor organizations, for railroad employees, including frontline employees.
(c)
Department of Homeland Security responsibilities
In carrying out the responsibilities under subsection (a), the Secretary shall—
(3)
award the funds authorized by this section based on risk, as identified by the plans required under sections
1161 and
1162 of this title, or assessment or plan described in subsection (a)(5);
(d)
Multiyear awards
Grant funds 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 or local government 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 on the use of grant funds.
(g)
Non-Federal match study
Not later than 240 days after August 3, 2007, the Secretary shall provide a report to the appropriate congressional committees on the feasibility 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
1164 and
1165 of this title shall be required to comply with the standards of section
24312 of title
49, 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 agreement made under section 24308(a) of that title.
(i)
Authorization of appropriations