By Ron Thaniel
April 26, 2004

The Senate Commerce, Science and Transportation Committee April 8 approved The Rail Security Act of 2004 (S.2273) authorizing more than $1 billion in rail security enhancements.

The measure authorizes more than $1 billion in rail security enhancements. It also would require the Department of Homeland Security (DHS), in consultation with the Department of Transportation (DOT), to complete an assessment of freight and passenger rail security vulnerabilities. This task must be completed six months after enactment. These include:

• identification and evaluation of critical infrastructure;
• threats to those assets and infrastructure;
• identification of vulnerabilities that are specific to the transportation of hazardous materials via rail road; and
• identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment.

As part of the study, DHS and DOT are required to complete a pilot program of random security screening of passengers and baggage at 5 geographically diverse passenger rail stations served by Amtrak. The pilot would test a wide range of explosive detection technologies, devices and methods and require that intercity rail passengers produce government-issued photographic identification, which matches the name on the passenger's tickets prior to boarding trains.

DHS and DOT are required to develop a high or severe threat level plan in consultation with local and state government, freight and intercity passenger railroads.

The measure would authorize $679 million to complete Amtrak security and safety upgrades to its Washington (DC), Baltimore and New York City tunnels. Upgrades would include fire and life safety improvements, ventilation, electrical, emergency communications and lighting systems. The bill would authorize $63 million for other Amtrak security upgrades and $250 million for other rail security needs.

The future of this bill is uncertain because it has money for Amtrak at a time when there is considerable debate over restructuring the intercity passenger railroad. Because the bill contains money for Amtrak, it may have a difficult time reaching the floor.

In a letter to Congress and the Administration on March 22, Conference President Hempstead (NY) Mayor James A. Garner urged the Department of Homeland Security to conduct an assessment of intercity and commuter rail security risk followed by the establishment of an intercity and commuter rail security grant program comparable to the port and mass transit security grant programs.