---
kind: "section"
citation: "6 U.S.C. § 1166"
title: "6"
title_heading: "Domestic Security"
number: "1166"
heading: "Railroad carrier exercises"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/1166"
units:
  - "Chapter 4 — Transportation Security"
  - "Subchapter IV — Surface Transportation Security"
  - "Part B — Railroad Security"
---

# §1166. Railroad carrier exercises

- (a) **In general—** The [Secretary](/usc/6/1101.md?p=2) shall establish a program for conducting security exercises for railroad carriers for the purpose of assessing and improving the capabilities of [entities](/usc/6/301c.md?p=2) described in [subsection (b)](#b) to prevent, prepare for, mitigate, respond to, and recover from acts of [terrorism](/usc/6/101.md?p=18).
- (b) **Covered entities—** [Entities](/usc/6/301c.md?p=2) to be assessed under the program shall include—
  - (1) Federal, [State](/usc/6/101.md?p=17), and local [agencies](/usc/6/671.md?p=1) and [tribal governments](/usc/6/701.md?p=16);
  - (2) railroad carriers;
  - (3) governmental and nongovernmental [emergency response providers](/usc/6/101.md?p=6), law enforcement [agencies](/usc/6/671.md?p=1), and railroad and transit police, as appropriate; and
  - (4) any other organization or [entity](/usc/6/301c.md?p=2) that the [Secretary](/usc/6/1101.md?p=2) determines appropriate.
- (c) **Requirements—** The [Secretary](/usc/6/1101.md?p=2) shall ensure that the program—
  - (1) consolidates existing security exercises for railroad carriers administered by the [Department](/usc/6/1101.md?p=1) and the [Department](/usc/6/1101.md?p=1) of Transportation, as jointly determined by the [Secretary](/usc/6/1101.md?p=2) and the [Secretary](/usc/6/1101.md?p=2) of Transportation, unless the [Secretary](/usc/6/1101.md?p=2) waives this consolidation requirement as appropriate;
  - (2) consists of exercises that are—
    - (A) scaled and tailored to the needs of the carrier, including addressing the needs of the elderly and individuals with disabilities;
    - (B) live, in the case of the most at-risk facilities to a terrorist attack;
    - (C) coordinated with appropriate officials;
    - (D) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences;
    - (E) inclusive, as appropriate, of railroad frontline employees; and
    - (F) consistent with the [National Incident Management System](/usc/6/701.md?p=12), the [National Response Plan](/usc/6/701.md?p=13), the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such national initiatives;
  - (3) provides that exercises described in [paragraph (2)](#c-2) will be—
    - (A) evaluated by the [Secretary](/usc/6/1101.md?p=2) against clear and consistent performance measures;
    - (B) assessed by the [Secretary](/usc/6/1101.md?p=2) to identify best practices, which shall be shared, as appropriate, with railroad carriers, nonprofit employee organizations that represent railroad carrier employees, Federal, [State](/usc/6/101.md?p=17), local, and tribal officials, governmental and nongovernmental [emergency response providers](/usc/6/101.md?p=6), law enforcement [personnel](/usc/6/101.md?p=15), including railroad carrier and transit police, and other stakeholders; and
    - (C) used to develop recommendations, as appropriate, from the [Secretary](/usc/6/1101.md?p=2) to railroad carriers on remedial action to be taken in response to lessons learned;
  - (4) allows for proper advanced notification of communities and [local governments](/usc/6/101.md?p=13) in which exercises are held, as appropriate; and
  - (5) assists [State](/usc/6/101.md?p=17), local, and [tribal governments](/usc/6/701.md?p=16) and railroad carriers in designing, implementing, and evaluating additional exercises that conform to the requirements of [paragraph (1)](#c-1)[^1].
- (d) **National Exercise Program—** The [Secretary](/usc/6/1101.md?p=2) shall ensure that the exercise program developed under [subsection (c)](#c) is a component of the National Exercise Program established under [section 748 of this title](/usc/6/748.md).

## Footnotes

[^1]: So in original. Probably should be “(2)”.

## Source credit

(Pub. L. 110–53, title XV, § 1516, Aug. 3, 2007, 121 Stat. 438.)