I 
108TH CONGRESS 
2D SESSION 
H. R. 5132 
To provide increased rail and public transportation security. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 23, 2004 
Mr. MENENDEZ (for himself, Mr. PASCRELL, Mr. HOLT, Mr. PAYNE, Mr. AN-
DREWS, Mr. PALLONE, and Mr. ROTHMAN) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastruc-
ture 
A BILL 
To provide increased rail and public transportation security. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Rail and Public Transportation Security Act of 2004’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Rail transportation security risk assessment. 
Sec. 4. Rail security. 
Sec. 5. Study of foreign rail transport security programs. 
Sec. 6. Passenger, baggage, and cargo screening. 
Sec. 7. Certain personnel limitations not to apply. 
Sec. 8. Fire and life safety improvements.
(5) As demonstrated by the recent terrorist at-
tacks on commuter trains in Madrid, Spain, a real 
and imminent threat exists and appropriate security 
measures must be taken immediately. 
(6) The safety of the 32,000,000 Americans 
who use the Nation’s public transit systems is the 
responsibility of the Federal Government. 
(7) The Nation’s rail and public transit systems 
have identified $6,000,000,000 in critical security 
needs. 
(8) Authorized and proposed funding provided 
in the annual appropriations measures and the reau-
thorization of the Transportation Efficiency Act for 
the 21st Century for the capital and operating needs 
of transit systems cannot be used to address these 
critical security needs without severely reducing the 
level of service provided. 
SEC. 3. RAIL TRANSPORTATION SECURITY RISK ASSESS-
MENT. 
(a) IN GENERAL.— 
(1) VULNERABILITY ASSESSMENT.—The Under 
Secretary of Homeland Security for Border and 
Transportation Security, in consultation with the 
Secretary of Transportation, shall complete a vulner-
ability assessment of freight and passenger rail
transportation (encompassing railroad carriers, as 
that term is defined in section 20102(2) of title 49, 
United States Code). The assessment shall include— 
(A) identification and evaluation of critical 
assets and infrastructures; 
(B) identification of threats to those assets 
and infrastructures; 
(C) identification of vulnerabilities that are 
specific to the transportation of hazardous ma-
terials via railroad; and 
(D) identification of security weaknesses in 
passenger and cargo security, transportation in-
frastructure, protection systems, procedural 
policies, communications systems, employee 
training, emergency response planning, and any 
other area identified by the assessment. 
(2) EXISTING
PRIVATE
AND
PUBLIC
SECTOR 
EFFORTS.—The assessment shall take into account 
actions taken or planned by both public and private 
entities to address identified security issues and as-
sess the effective integration of such actions. 
(3) RECOMMENDATIONS.—Based on the assess-
ment conducted under paragraph (1), the Under 
Secretary, in consultation with the Secretary of 
Transportation, 
shall 
develop 
prioritized 
rec-
ommendations for improving rail security, including 
any recommendations the Under Secretary has for— 
(A) improving the security of rail tunnels, 
rail bridges, rail switching areas, other rail in-
frastructure and facilities, information systems, 
and other areas identified by the Under Sec-
retary as posing significant rail-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 rail service; 
(B) deploying weapon detection equipment; 
(C) training employees in terrorism pre-
vention, passenger evacuation, and response ac-
tivities; 
(D) conducting public outreach campaigns 
on passenger railroads; 
(E) deploying surveillance equipment; and 
(F) identifying the immediate and long- 
term economic impact of measures that may be 
required to address those risks. 
(4) PLANS.—The report required by subsection 
(c) shall include— 
(A) a plan, developed in consultation with 
the freight and intercity passenger railroads,
and State and local governments, for the Fed-
eral Government to provide increased security 
support at high or severe threat levels of alert; 
and 
(B) a plan for coordinating rail security 
initiatives undertaken by the public and private 
sectors. 
(b) CONSULTATION.—In carrying out the assessment 
required by subsection (a), the Under Secretary of Home-
land Security for Border and Transportation Security 
shall consult with rail management, rail labor, owners or 
lessors of rail cars used to transport hazardous materials, 
shippers of hazardous materials, public safety officials (in-
cluding those within other agencies and offices within the 
Department of Homeland Security) and other relevant 
parties. 
(c) REPORT.— 
(1) CONTENTS.—Within 120 days after the 
date of enactment of this Act, the Under Secretary 
shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the 
assessment and prioritized recommendations re-
quired by subsection (a) and an estimate of the cost 
to implement such recommendations. 
(2) FORMAT.—The Under Secretary may sub-
mit the report in both classified and redacted for-
mats if the Under Secretary determines that such 
action is appropriate or necessary. 
(d) ANNUAL UPDATES.—The Under Secretary, in 
consultation with the Secretary of Transportation, shall 
update the assessment and recommendations annually and 
transmit a report, which may be submitted in both classi-
fied and redacted formats, to the Committees named in 
subsection (c)(1), containing the updated assessment and 
recommendations. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Under Secretary 
of Homeland Security for Border and Transportation Se-
curity $5,000,000 for fiscal year 2005 for the purpose of 
carrying out this section. 
SEC. 4. RAIL SECURITY. 
(a) RAIL POLICE OFFICERS.— 
(1) AMENDMENT.—Section 28101 of title 49, 
United States Code, is amended to read as follows: 
‘‘§ 28101. Rail and State public transit police officers 
‘‘(a) IN GENERAL.—Under regulations prescribed by 
the Secretary of Transportation, a rail or public transit
system police officer who is employed by a rail carrier or 
a public transportation system and certified or commis-
sioned as a police officer under the laws of a State may 
enforce the laws of any jurisdiction in which the rail car-
rier or public transit system owns property or provides 
service, to the extent of the authority of a police officer 
certified or commissioned under the laws of that jurisdic-
tion, to protect— 
‘‘(1) employees, passengers, or patrons of the 
rail carrier or public transit system; 
‘‘(2) property, equipment, and facilities owned, 
leased, operated, or maintained by the rail carrier or 
public transit system; 
‘‘(3) property moving in interstate or foreign 
commerce in the possession of the rail carrier or 
public transit system; and 
‘‘(4) personnel, equipment, and material moving 
by rail or public transit that are vital to the national 
defense. 
‘‘(b) DEFINITION.—In this section, the term ‘public 
transit’ has the meaning given that term by section 
5302(a) of this title.’’. 
(2) TABLE
OF
SECTIONS
AMENDMENT.—The 
item relating to section 28101 in the table of sec-
program of random security screening of passengers and 
baggage at 5 passenger rail stations served by Amtrak se-
lected by the Under Secretary. In conducting the pilot pro-
gram, the Under Secretary shall— 
(1) test a wide range of explosives detection 
technologies, devices, and methods; 
(2) require that intercity rail passengers 
produce government-issued photographic identifica-
tion which matches the name on the passenger’s 
tickets prior to boarding trains; and 
(3) attempt to achieve a distribution of partici-
pating train stations in terms of geographic location, 
size, passenger volume, and whether the station is 
used by commuter rail passengers as well as Amtrak 
passengers. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Under Secretary 
of Homeland Security for Border and Transportation Se-
curity to carry out this section $5,000,000 for fiscal year 
2005. 
SEC. 7. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY. 
Any statutory limitation on the number of employees 
in the Transportation Security Administration of the De-
partment of Transportation, before or after its transfer 
to the Department of Homeland Security, does not apply
to the extent that any such employees are responsible for 
implementing the provisions of this Act. 
SEC. 8. FIRE AND LIFE SAFETY IMPROVEMENTS. 
(a) LIFE SAFETY NEEDS.—The Secretary of Trans-
portation is authorized to make grants to Amtrak for the 
purpose of making fire and life-safety improvements to 
tunnels on the Northeast Corridor in New York, New 
York, Baltimore, Maryland, and Washington, District of 
Columbia. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation for the purposes of carrying out subsection 
(a) the following amounts: 
(1) For the 6 New York tunnels to provide ven-
tilation, electrical, and fire safety technology up-
grades, emergency communication and lighting sys-
tems, and emergency access and egress for pas-
sengers— 
(A) $100,000,000 for fiscal year 2005; 
(B) $100,000,000 for fiscal year 2006; 
(C) $100,000,000 for fiscal year 2007; 
(D) $100,000,000 for fiscal year 2008; 
and 
(E) $170,000,000 for fiscal year 2009.
(2) For the Baltimore Potomac tunnel and the 
Union tunnel, together, to provide adequate drain-
age, ventilation, communication, lighting, and pas-
senger egress upgrades— 
(A) $10,000,000 for fiscal year 2005; 
(B) $10,000,000 for fiscal year 2006; 
(C) $10,000,000 for fiscal year 2007; 
(D) $10,000,000 for fiscal year 2008; and 
(E) $17,000,000 for fiscal year 2009. 
(3) For the Washington, District of Columbia, 
Union Station tunnels to improve ventilation, com-
munication, lighting, and passenger egress up-
grades— 
(A) $8,000,000 for fiscal year 2005; 
(B) $8,000,000 for fiscal year 2006; 
(C) $8,000,000 for fiscal year 2007; 
(D) $8,000,000 for fiscal year 2008; and 
(E) $8,000,000 for fiscal year 2009. 
(c) INFRASTRUCTURE UPGRADES.—There are au-
thorized to be appropriated to the Secretary of Transpor-
tation for fiscal year 2005 $3,000,000 for the preliminary 
design of options for a new tunnel on a different alignment 
to augment the capacity of the existing Baltimore tunnels.
(d) AVAILABILITY
OF
APPROPRIATED
FUNDS.— 
Amounts appropriated pursuant to this section shall re-
main available until expended. 
(e) PLAN REQUIRED.—The Secretary may not make 
amounts available to Amtrak for obligation or expenditure 
under subsection (a)— 
(1) until Amtrak has submitted to the Sec-
retary, and the Secretary has approved, an engineer-
ing and financial plan for such projects; and 
(2) unless, for each project funded pursuant to 
this section, the Secretary has approved a project 
management plan prepared by Amtrak addressing 
project budget, construction schedule, recipient staff 
organization, document control and record keeping, 
change order procedure, quality control and assur-
ance, periodic plan updates, periodic status reports, 
and such other matter the Secretary deems appro-
priate; 
SEC. 9. TRANSPORTATION SECURITY. 
(a) MEMORANDUM OF AGREEMENT.—Within 60 days 
after the date of enactment of this Act, the Secretary of 
Transportation and the Under Secretary of Homeland Se-
curity for Border and Transportation Security shall exe-
cute a memorandum of agreement governing the roles and 
responsibilities of the Department of Transportation and
the Department of Homeland Security, respectively, in ad-
dressing railroad transportation security matters, includ-
ing the processes the departments will follow to promote 
communications, efficiency, and nonduplication of effort. 
(b) RAIL SAFETY REGULATIONS.—Section 20103(a) 
of title 49, United States Code, is amended by striking 
‘‘safety’’ the first place it appears, and inserting ‘‘safety, 
including security,’’. 
SEC. 10. INTELLIGENCE SHARING. 
(a) INTELLIGENCE
SHARING.—The Secretary of 
Homeland Security shall ensure that the Department of 
Transportation receives appropriate and timely notifica-
tion of all credible terrorist threats against public trans-
portation assets in the United States. 
(b) INFORMATION SHARING ANALYSIS CENTER.— 
(1) ESTABLISHMENT.—The Department of 
Homeland Security shall fund the reasonable costs 
of the Information Sharing and Analysis Center for 
Public Transportation (referred to in this subsection 
as the ‘‘ISAC’’) established pursuant to Presidential 
Directive 63 to protect critical infrastructure. 
(2) PUBLIC TRANSPORTATION AGENCY PARTICI-
PATION.—The Secretary of Homeland Security— 
(A) shall require those public transpor-
tation agencies that the Secretary determines to
be at significant risk of terrorist attack to par-
ticipate in the ISAC; 
(B) shall encourage all other public trans-
portation agencies to participate in the ISAC; 
and 
(C) shall not charge any public transpor-
tation agency a fee for participation in the 
ISAC. 
SEC. 11. RESEARCH, DEVELOPMENT, AND DEMONSTRA-
TION. 
(a) RESEARCH, DEVELOPMENT, AND DEMONSTRA-
TION GRANTS.— 
(1) GRANTS
AUTHORIZED.—The Secretary of 
Homeland Security, in consultation with the Federal 
Transit Administration, shall award grants to public 
or private entities to conduct research into, and 
demonstration of, technologies and methods to re-
duce and deter terrorist threats against public trans-
portation systems. 
(2) USE
OF
FUNDS.—Grants awarded under 
paragraph (1) may be used for— 
(A) researching chemical, biological, radio-
logical, or explosive detection systems that do 
not significantly impede passenger access; 
(B) researching imaging technologies;
(C) conducting product evaluations and 
testing; and 
(D) researching other technologies or 
methods for reducing or deterring terrorist at-
tacks against public transportation systems, or 
mitigating damage from such attacks. 
(3) REPORTING
REQUIREMENT.—Each entity 
that receives a grant under this subsection shall re-
port annually to the Department of Homeland Secu-
rity on the use of grant funds received under this 
subsection. 
(4) RETURN OF MISSPENT GRANT FUNDS.—If 
the Secretary of Homeland Security determines that 
a grantee used any portion of the grant funds re-
ceived under this subsection for a purpose other 
than the allowable uses specified under paragraph 
(2), the grantee shall return any amount so used to 
the Treasury of the United States. 
(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the 
Under Secretary of Homeland Security for Border 
and Transportation Security $200,000,000 for fiscal 
year 2005 to carry out the purposes of this sub-
section. Amounts appropriated pursuant to this 
paragraph shall remain available until expended.
(b) RAIL
SECURITY
RESEARCH
AND
DEVELOP-
MENT.— 
(1) ESTABLISHMENT OF RESEARCH AND DE-
VELOPMENT
PROGRAM.—The Under Secretary of 
Homeland Security for Border and Transportation 
Security, in conjunction with the Secretary of Trans-
portation, shall carry out a research and develop-
ment program for the purpose of improving freight 
and intercity passenger rail security, including re-
search and development projects to— 
(A) reduce the vulnerability of passenger 
trains, stations, and equipment to explosives; 
(B) test new emergency response tech-
niques and technologies; 
(C) develop improved freight technologies, 
including— 
(i) technologies for sealing rail cars; 
(ii) automatic inspection of rail cars; 
(iii) communication-based train con-
trols; and 
(iv) emergency response training; 
(D) test wayside detectors that can detect 
tampering with railroad equipment; and
(E) support enhanced security for the 
transportation of hazardous materials by rail, 
including— 
(i) technologies to detect a breach in 
a tank car and transmit information about 
the integrity of tank cars to the train crew; 
(ii) research to improve tank car in-
tegrity, with a focus on tank cars that 
carry toxic-inhalation chemicals; and 
(iii) techniques to transfer hazardous 
materials from rail cars that are damaged 
or otherwise represent an unreasonable 
risk to human life or public safety. 
(2) COORDINATION
WITH
OTHER
RESEARCH 
INITIATIVES.—The Under Secretary of Homeland 
Security for Border and Transportation Security 
shall ensure that the research and development pro-
gram authorized by this subsection is coordinated 
with other research and development initiatives at 
the Department of Homeland Security and the De-
partment of Transportation. 
(3) ACCOUNTABILITY.—The Under Secretary of 
Homeland Security for Border and Transportation 
Security shall carry out any research and develop-
ment project authorized by this subsection through
a reimbursable agreement with the Secretary of 
Transportation if the Secretary of Transportation— 
(A) is already sponsoring a research and 
development project in a similar area; or 
(B) has a unique facility or capability that 
would be useful in carrying out the project. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the 
Under Secretary of Homeland Security for Border 
and Transportation Security $50,000,000 for each 
of fiscal years 2005 and 2006 to carry out the pur-
poses of this subsection. Amounts appropriated pur-
suant to this paragraph shall remain available until 
expended. 
SEC. 12. AMTRAK PLAN TO ASSIST FAMILIES OF PAS-
SENGERS INVOLVED IN RAIL PASSENGER AC-
CIDENTS. 
(a) IN GENERAL.—Chapter 243 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 24316. Plans to address needs of families of pas-
sengers involved in rail passenger acci-
dents 
‘‘(a) SUBMISSION
OF PLAN.—Not later than 6 
months after the date of the enactment of the Rail and
Public Transit Security Act of 2004, Amtrak shall submit 
to the Chairman of the National Transportation Safety 
Board a plan for addressing the needs of the families of 
passengers involved in any rail passenger accident involv-
ing an Amtrak intercity train and resulting in a loss of 
life. 
‘‘(b) CONTENTS OF PLANS.—The plan to be sub-
mitted by Amtrak under subsection (a) shall include, at 
a minimum, the following: 
‘‘(1) A process by which Amtrak will maintain 
and provide to the National Transportation Safety 
Board, immediately upon request, a list (which is 
based on the best available information at the time 
of the request) of the names of the passengers 
aboard the train (whether or not such names have 
been verified), and will periodically update the list. 
The plan shall include a procedure, with respect to 
unreserved trains and passengers not holding res-
ervations on other trains, for Amtrak to use reason-
able efforts to ascertain the number and names of 
passengers aboard a train involved in an accident. 
‘‘(2) A plan for creating and publicizing a reli-
able, toll-free telephone number within 4 hours after 
such an accident occurs, and for providing staff, to 
handle calls from the families of the passengers.
‘‘(3) A process for notifying the families of the 
passengers, before providing any public notice of the 
names of the passengers, by suitably trained individ-
uals. 
‘‘(4) A process for providing the notice de-
scribed in paragraph (3) to the family of a pas-
senger as soon as Amtrak has verified that the pas-
senger was aboard the train (whether or not the 
names of all of the passengers have been verified). 
‘‘(5) A process by which the family of each pas-
senger will be consulted about the disposition of all 
remains and personal effects of the passenger within 
Amtrak’s control; that any possession of the pas-
senger within Amtrak’s control will be returned to 
the family unless the possession is needed for the ac-
cident investigation or any criminal investigation; 
and that any unclaimed possession of a passenger 
within Amtrak’s control will be retained by the rail 
passenger carrier for at least 18 months. 
‘‘(6) A process by which the treatment of the 
families of nonrevenue passengers will be the same 
as the treatment of the families of revenue pas-
sengers. 
‘‘(7) An assurance that Amtrak will provide 
adequate training to its employees and agents to
meet the needs of survivors and family members fol-
lowing an accident. 
‘‘(c) USE OF INFORMATION.—The National Trans-
portation Safety Board and Amtrak may not release to 
any person information on a list obtained under subsection 
(b)(1) but may provide information on the list about a 
passenger to the family of the passenger to the extent that 
the Board or Amtrak considers appropriate. 
‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not 
be liable for damages in any action brought in a Federal 
or State court arising out of the performance of Amtrak 
in preparing or providing a passenger list, or in providing 
information concerning a train reservation, pursuant to a 
plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak’s conduct. 
‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed as limiting the 
actions that Amtrak may take, or the obligations that Am-
trak may have, in providing assistance to the families of 
passengers involved in a rail passenger accident. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation for the use of Amtrak $500,000 for fiscal 
year 2005 to carry out this section. Amounts appropriated
pursuant to this subsection shall remain available until ex-
pended.’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 243 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘24316. Plans to address needs of families of passengers involved in rail pas-
senger accidents.’’. 
SEC. 13. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 
(a) IN GENERAL.—Subject to subsection (c), the 
Under Secretary of Homeland Security for Border and 
Transportation Security is authorized to make grants, 
through the Secretary of Transportation, to Amtrak— 
(1) to secure major tunnel access points and en-
sure tunnel integrity in New York, Baltimore, and 
Washington, District of Columbia; 
(2) to secure Amtrak trains; 
(3) to secure Amtrak stations; 
(4) to obtain a watch list identification system 
approved by the Under Secretary; 
(5) to obtain train tracking and communica-
tions systems that are coordinated to the maximum 
extent possible; 
(6) to hire additional police and security offi-
cers, including canine units; and 
(7) to expand emergency preparedness efforts.
(b) CONDITIONS.—The Secretary of Transportation 
may not disburse funds to Amtrak under subsection (a) 
unless the projects are contained in a systemwide security 
plan approved by the Under Secretary, in consultation 
with the Secretary of Transportation, and meet the re-
quirements of section 8(e)(2). 
(c) EQUITABLE
GEOGRAPHIC
ALLOCATION.—The 
Secretary shall ensure that, subject to meeting the highest 
security needs on Amtrak’s entire system, stations and fa-
cilities located outside of the Northeast Corridor receive 
an equitable share of the security funds authorized by this 
section. 
(d) AVAILABILITY OF FUNDS.—There are authorized 
to be appropriated to the Under Secretary of Homeland 
Security 
for 
Border 
and 
Transportation 
Security 
$62,500,000 for fiscal year 2005 for the purposes of car-
rying out this section. Amounts appropriated pursuant to 
this subsection shall remain available until expended. 
SEC. 14. FREIGHT AND PASSENGER RAIL SECURITY UP-
GRADES. 
(a) SECURITY IMPROVEMENT GRANTS.—The Under 
Secretary of Homeland Security for Border and Transpor-
tation Security is authorized to make grants to freight 
railroads, the Alaska Railroad, hazardous materials ship-
pers, owners of rail cars used in the transportation of haz-
ardous materials, and, through the Secretary of Transpor-
tation, to Amtrak, for full or partial reimbursement of 
costs incurred in the conduct of activities to prevent or 
respond to acts of terrorism, sabotage, or other intercity 
passenger rail and freight rail security threats, includ-
ing— 
(1) security and redundancy for critical commu-
nications, computer, and train control systems essen-
tial for secure rail operations; 
(2) accommodation of cargo or passenger 
screening equipment at the United States-Mexico 
border or the United States-Canada border; 
(3) the security of hazardous material transpor-
tation by rail; 
(4) secure intercity passenger rail stations, 
trains, and infrastructure; 
(5) structural modification or replacement of 
pressurized tank cars to improve their resistance to 
acts of terrorism; 
(6) employee security awareness, preparedness, 
passenger evacuation, and emergency response train-
ing; 
(7) public security awareness campaigns for 
passenger train operations; and
(8) other improvements recommended by the re-
port required by section 3, including infrastructure, 
facilities, and equipment upgrades. 
(b) ACCOUNTABILITY.—The Under Secretary shall 
adopt necessary procedures, including audits, to ensure 
that grants made under this section are expended in ac-
cordance with the purposes of this Act and the priorities 
and other criteria developed by the Under Secretary. 
(c) CONDITIONS.—The Secretary of Transportation 
may not disburse funds to Amtrak under subsection (a) 
unless Amtrak meets the conditions set forth in section 
11(a)(2) of this Act. 
(d) TANK CAR REPLACEMENT INCENTIVE.—A grant 
under subsection (a)(5) may be for up to 15 percent of 
the cost of the modification or replacement of a pressur-
ized tank car. 
(e) ALLOCATION BETWEEN RAILROADS AND OTH-
ERS.—Unless as a result of the assessment required by 
section 3 the Under Secretary of Homeland Security for 
Border and Transportation Security determines that crit-
ical rail transportation security needs require reimburse-
ment in greater amounts to any eligible entity, no grants 
under this section may be made— 
(1) in excess of $65,000,000 to Amtrak; or