---
kind: "section"
citation: "6 U.S.C. § 1161"
title: "6"
title_heading: "Domestic Security"
number: "1161"
heading: "Railroad transportation security risk assessment and National Strategy"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/1161"
units:
  - "Chapter 4 — Transportation Security"
  - "Subchapter IV — Surface Transportation Security"
  - "Part B — Railroad Security"
---

# §1161. Railroad transportation security risk assessment and National Strategy

- (a) **Risk assessment—** The [Secretary](/usc/6/1101.md?p=2) shall establish a Federal task force, including the Transportation Security Administration and other [agencies](/usc/6/671.md?p=1) within the [Department](/usc/6/1101.md?p=1), the [Department](/usc/6/1101.md?p=1) of Transportation, and other appropriate [Federal agencies](/usc/6/677a.md?p=4), to complete, within 6 months of August 3, 2007, a nationwide risk assessment of a terrorist attack on railroad carriers. The assessment shall include—
  - (1) a methodology for conducting the risk assessment, including timelines, that addresses how the [Department](/usc/6/1101.md?p=1) will work with the [entities](/usc/6/301c.md?p=2) described in [subsection (c)](#c) and make use of existing Federal expertise within the [Department](/usc/6/1101.md?p=1), the [Department](/usc/6/1101.md?p=1) of Transportation, and other appropriate [agencies](/usc/6/671.md?p=1);
  - (2) identification and evaluation of critical [assets](/usc/6/101.md?p=3) and infrastructure, including tunnels used by railroad carriers in high-threat urban areas;
  - (3) identification of risks to those [assets](/usc/6/101.md?p=3) and infrastructure;
  - (4) identification of risks that are specific to the transportation of hazardous materials via railroad;
  - (5) identification of risks to passenger and cargo security, transportation infrastructure protection systems, operations, communications systems, and any other area identified by the assessment;
  - (6) an assessment of employee training and [emergency](/usc/6/701.md?p=6) response planning;
  - (7) an assessment of public and private operational recovery plans, taking into account the plans for the maritime sector required under [section 70103 of title 46](/usc/46/70103.md), to expedite, to the maximum extent practicable, the return of an adversely affected railroad transportation system or facility to its normal performance level after a major terrorist attack or other security event on that system or facility; and
  - (8) an account of actions taken or planned by both public and private [entities](/usc/6/301c.md?p=2) to address identified railroad security issues and an assessment of the effective integration of such actions.
- (b) **National Strategy—**
  - (1) **Requirement—** Not later than 9 months after August 3, 2007, and based upon the assessment conducted under [subsection (a)](#a), the [Secretary](/usc/6/1101.md?p=2), consistent with and as required by [section 114(t)](/usc/6/114.md)[^1] of title 49, shall develop and implement the modal plan for railroad transportation, entitled the “National Strategy for Railroad Transportation Security”.
  - (2) **Contents—** The modal plan shall include prioritized goals, actions, objectives, policies, mechanisms, and schedules for, at a minimum—
    - (A) improving the security of railroad tunnels, railroad bridges, railroad switching and car storage areas, other railroad infrastructure and facilities, information systems, and other areas identified by the [Secretary](/usc/6/1101.md?p=2) as posing significant railroad-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of railroad service or on operations served or otherwise affected by railroad service;
    - (B) deploying equipment and [personnel](/usc/6/101.md?p=15) to detect security threats, including those posed by explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures;
    - (C) consistent with [section 1167 of this title](/usc/6/1167.md), training railroad employees in [terrorism](/usc/6/101.md?p=18) prevention, preparedness, passenger evacuation, and response activities;
    - (D) conducting public outreach campaigns for railroads regarding security, including educational initiatives designed to inform the public on how to prevent, prepare for, respond to, and recover from a terrorist attack on railroad transportation;
    - (E) providing additional railroad security support for railroads at high or severe threat levels of alert;
    - (F) ensuring, in coordination with freight and intercity and commuter passenger railroads, the continued movement of freight and passengers in the event of an attack affecting the railroad system, including the possibility of rerouting traffic due to the [loss](/usc/6/444.md?p=5) of [critical infrastructure](/usc/6/101.md?p=4), such as a bridge, tunnel, yard, or station;
    - (G) coordinating existing and planned railroad security initiatives undertaken by the public and private sectors;
    - (H) assessing—
      - (i) the usefulness of covert testing of railroad security systems;
      - (ii) the ability to integrate security into infrastructure design; and
      - (iii) the implementation of random searches of passengers and baggage; and
    - (I) identifying the immediate and long-term costs of measures that may be required to address those risks and public and private sector sources to [fund](/usc/6/677a.md?p=5) such measures.
  - (3) **Responsibilities—** The [Secretary](/usc/6/1101.md?p=2) shall include in the modal plan a description of the roles, responsibilities, and authorities of Federal, [State](/usc/6/101.md?p=17), and local [agencies](/usc/6/671.md?p=1), government-sponsored [entities](/usc/6/301c.md?p=2), [tribal governments](/usc/6/701.md?p=16), and appropriate stakeholders described in [subsection (c)](#c). The plan shall also include—
    - (A) the identification of, and a plan to address, gaps and unnecessary overlaps in the roles, responsibilities, and authorities described in this paragraph;
    - (B) a methodology for how the [Department](/usc/6/1101.md?p=1) will work with the [entities](/usc/6/301c.md?p=2) described in [subsection (c)](#c), and make use of existing Federal expertise within the [Department](/usc/6/1101.md?p=1), the [Department](/usc/6/1101.md?p=1) of Transportation, and other appropriate [agencies](/usc/6/671.md?p=1);
    - (C) a process for facilitating security clearances for the purpose of intelligence and information sharing with the [entities](/usc/6/301c.md?p=2) described in [subsection (c)](#c), as appropriate;
    - (D) a strategy and timeline, coordinated with the research and development program established under [section 1168 of this title](/usc/6/1168.md), for the [Department](/usc/6/1101.md?p=1), the [Department](/usc/6/1101.md?p=1) of Transportation, other appropriate [Federal agencies](/usc/6/677a.md?p=4) and private [entities](/usc/6/301c.md?p=2) to research and develop new technologies for securing railroad systems; and
    - (E) a process for coordinating existing or future security strategies and plans for railroad transportation, including the National Infrastructure Protection Plan required by [Homeland](/usc/6/101.md?p=1) Security Presidential Directive–7; Executive Order No. 13416: “Strengthening Surface Transportation Security” dated December 5, 2006; the Memorandum of Understanding between the [Department](/usc/6/1101.md?p=1) and the [Department](/usc/6/1101.md?p=1) of Transportation on Roles and Responsibilities dated September 28, 2004, and any and all subsequent annexes to this Memorandum of Understanding, and any other relevant agreements between the two [Departments](/usc/6/1101.md?p=1).
- (c) **Consultation with stakeholders—** In developing the National Strategy required under this section, the [Secretary](/usc/6/1101.md?p=2) shall consult with railroad management, nonprofit employee organizations representing railroad employees, owners or lessors of railroad cars used to transport hazardous materials, [emergency](/usc/6/701.md?p=6) responders, offerors of security-sensitive materials, public safety officials, and other relevant parties.
- (d) **Adequacy of existing plans and strategies—** In developing the risk assessment and National Strategy required under this section, the [Secretary](/usc/6/1101.md?p=2) shall utilize relevant existing plans, strategies, and risk assessments developed by the [Department](/usc/6/1101.md?p=1) or other [Federal agencies](/usc/6/677a.md?p=4), including those developed or implemented pursuant to [section 114(t)](/usc/6/114.md)[^1] of title 49 or [Homeland](/usc/6/101.md?p=1) Security Presidential Directive–7, and, as appropriate, assessments developed by other public and private stakeholders.
- (e) **Report—**
  - (1) **Contents—** Not later than 1 year after August 3, 2007, the [Secretary](/usc/6/1101.md?p=2) shall transmit to the [appropriate congressional committees](/usc/6/101.md?p=2) a report containing—
    - (A) the assessment and the National Strategy required by this section; and
    - (B) an estimate of the cost to implement the National Strategy.
  - (2) **Format—** The [Secretary](/usc/6/1101.md?p=2) may submit the report in both classified and redacted formats if the [Secretary](/usc/6/1101.md?p=2) determines that such action is appropriate or necessary.
- (f) **Annual updates—** Consistent with the requirements of [section 114(t)](/usc/6/114.md)[^1] of title 49, the [Secretary](/usc/6/1101.md?p=2) shall update the assessment and National Strategy each year and transmit a report, which may be submitted in both classified and redacted formats, to the [appropriate congressional committees](/usc/6/101.md?p=2) containing the updated assessment and recommendations.
- (g) **Funding—** Out of [funds](/usc/6/677a.md?p=5) appropriated pursuant to [section 114(w)](/usc/6/114.md)[^1] of title 49, there shall be made available to the [Secretary](/usc/6/1101.md?p=2) to carry out this section $5,000,000 for fiscal year 2008.

## Footnotes

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

## Source credit

(Pub. L. 110–53, title XV, § 1511, Aug. 3, 2007, 121 Stat. 426.)

## Notes

### Editorial Notes

### References in Text

Section 114(t) of title 49, referred to in subsecs. (b)(1), (d), and (f), was redesignated section 114(s) of title 49 by Pub. L. 110–161, div. E, title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092.

Executive Order No. 13416, referred to in subsec. (b)(3)(E), is set out as a note under section 1101 of this title.

Section 114(w) of title 49, referred to in subsec. (g), 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.