---
kind: "section"
citation: "6 U.S.C. § 1169"
title: "6"
title_heading: "Domestic Security"
number: "1169"
heading: "Railroad tank car security testing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/1169"
units:
  - "Chapter 4 — Transportation Security"
  - "Subchapter IV — Surface Transportation Security"
  - "Part B — Railroad Security"
---

# §1169. Railroad tank car security testing

- (a) **Railroad tank car vulnerability assessment—**
  - (1) **Assessment—** The [Secretary](/usc/6/1101.md?p=2) shall assess the likely methods of a deliberate terrorist attack against a railroad tank car used to transport toxic-inhalation-hazard materials, and for each method assessed, the degree to which it may be successful in causing death, injury, or serious adverse effects to human health, the environment, [critical infrastructure](/usc/6/101.md?p=4), national security, the national economy, or public welfare.
  - (2) **Threats—** In carrying out [paragraph (1)](#a-1), the [Secretary](/usc/6/1101.md?p=2) shall consider the most current threat information as to likely methods of a successful terrorist attack on a railroad tank car transporting toxic-inhalation-hazard materials, and may consider the following:
    - (A) Explosive devices placed along the tracks or attached to a railroad tank car.
    - (B) The use of missiles, grenades, rockets, mortars, or other high-caliber weapons against a railroad tank car.
  - (3) **Physical testing—** In developing the assessment required under [paragraph (1)](#a-1), the [Secretary](/usc/6/1101.md?p=2) shall conduct physical testing of the vulnerability of railroad tank cars used to transport toxic-inhalation-hazard materials to different methods of a deliberate attack, using technical information and criteria to evaluate the structural integrity of railroad tank cars.
  - (4) **Report—** Not later than 30 days after the completion of the assessment under [paragraph (1)](#a-1), the [Secretary](/usc/6/1101.md?p=2) shall provide to the [appropriate congressional committees](/usc/6/101.md?p=2) a report, in the appropriate format, on such assessment.
- (b) **Railroad tank car dispersion modeling—**
  - (1) **In general—** The [Secretary](/usc/6/1101.md?p=2), acting through the National Infrastructure Simulation and Analysis [Center](/usc/6/681.md?p=1), shall conduct an air dispersion modeling analysis of release scenarios of toxic-inhalation-hazard materials resulting from a terrorist attack on a loaded railroad tank car carrying such materials in urban and rural environments.
  - (2) **Considerations—** The analysis under this subsection shall take into account the following considerations:
    - (A) The most likely means of attack and the resulting dispersal rate.
    - (B) Different times of day, to account for differences in cloud coverage and other atmospheric conditions in the environment being modeled.
    - (C) Differences in population size and density.
    - (D) Historically accurate wind speeds, temperatures, and wind directions.
    - (E) Differences in dispersal rates or other relevant factors related to whether a railroad tank car is in motion or stationary.
    - (F) [Emergency](/usc/6/701.md?p=6) response procedures by local officials.
    - (G) Any other considerations the [Secretary](/usc/6/1101.md?p=2) believes would develop an accurate, plausible dispersion model for toxic-inhalation-hazard materials released from a railroad tank car as a result of a terrorist act.
  - (3) **Consultation—** In conducting the dispersion modeling under [paragraph (1)](#b-1), the [Secretary](/usc/6/1101.md?p=2) shall consult with the [Secretary](/usc/6/1101.md?p=2) of Transportation, hazardous materials experts, railroad carriers, nonprofit employee labor organizations representing railroad employees, appropriate [State](/usc/6/101.md?p=17), local, and tribal officials, and other [Federal agencies](/usc/6/677a.md?p=4), as appropriate.
  - (4) **Information sharing—** Upon completion of the analysis required under [paragraph (1)](#b-1), the [Secretary](/usc/6/1101.md?p=2) shall share the information developed with the appropriate stakeholders, given appropriate information protection provisions as may be required by the [Secretary](/usc/6/1101.md?p=2).
  - (5) **Report—** Not later than 30 days after completion of all dispersion analyses under [paragraph (1)](#b-1), the [Secretary](/usc/6/1101.md?p=2) shall submit to the [appropriate congressional committees](/usc/6/101.md?p=2) a report detailing the [Secretary](/usc/6/1101.md?p=2)’s conclusions and findings in an appropriate format.

## Source credit

(Pub. L. 110–53, title XV, § 1519, Aug. 3, 2007, 121 Stat. 443.)