1

 See References in Text note below.

Editorial Notes

References in Text

Section 114(w) of title 49, referred to in subsec. (d)(1), 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.

Amendments

2018—Subsec. (a)(3)(D). Pub. L. 115–254, § 1973(b)(1), inserted “, or to connect to the National Terrorism Screening Center watchlist” after “Secretary”.

Subsec. (a)(3)(I) to (K). Pub. L. 115–254, § 1973(b)(2)–(4), added subpars. (I) to (K).

Statutory Notes and Related Subsidiaries

Passenger Rail Vetting

Pub. L. 115–254, div. K, title I, § 1974, Oct. 5, 2018, 132 Stat. 3615, provided that:

“(a)

In General.—

Not later than 180 days after the date on which the Amtrak Board of Directors submits a request to the Administrator [of the Transportation Security Administration], the Administrator shall issue a decision on the use by Amtrak of the Transportation Security Administration’s Secure Flight Program or a similar passenger vetting system to enhance passenger rail security.

“(b)

Considerations.—

In making a decision under subsection (a), the Administrator shall—

“(1)

consider the technological, privacy, operational, and security impacts of such a decision; and

“(2)

describe such impacts in any strategic plan developed under subsection (c).

“(c)

Strategic Plan.—

If the Administrator decides to grant the request by Amtrak under subsection (a), the decision shall include a strategic plan for working with rail stakeholders to enhance passenger rail security by—

“(1)

vetting passengers using terrorist watch lists maintained by the Federal Government or a similar passenger vetting system maintained by the Transportation Security Administration; and

“(2)

where applicable and in consultation with the Commissioner of U.S. Customs and Border Protection, assessing whether the vetting process should be integrated into preclearance operations established under section 813 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4432).

“(d)

Notices.—

The Administrator shall notify the appropriate committees of Congress [Committees on Commerce, Science and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] of any decision made under subsection (a) and the details of the strategic plan under subsection (c).

“(e)

Rule of Construction.—

Nothing in this section shall be construed to limit the Administrator’s authority to set the access to, or terms and conditions of using, the Secure Flight Program or a similar passenger vetting system.”