I 
109TH CONGRESS 
1ST SESSION 
H. R. 153 
To provide increased rail and public transportation security. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005 
Mr. MENENDEZ introduced the following bill; which was referred to the Com-
mittee on Homeland Security, and in addition to the Committee on 
Transportation and Infrastructure, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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 2005’’. 
(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. 
Sec. 9. Transportation security. 
Sec. 10. Intelligence sharing. 
Sec. 11. Research, development, and demonstration. 
Sec. 12. Amtrak plan to assist families of passengers involved in rail passenger 
accidents. 
Sec. 13. Systemwide Amtrak security upgrades. 
Sec. 14. Freight and passenger rail security upgrades. 
Sec. 15. Department of Transportation oversight. 
Sec. 16. Welded rail and tank car safety improvements. 
Sec. 17. Northern Border rail passenger report. 
Sec. 18. Mass transportation system security improvements. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Since September 11, 2001, the Federal 
Government has spent $4,500,000,000 annually to 
protect the Nation’s 2,000,000 air travelers, and 
only $75,000,000 to secure the Nation’s rail and 
public transit systems which carry 32,000,000 pas-
sengers annually. 
(2) The Nation’s rail and public transit systems 
carry 16 times more passengers every day than the 
airlines, yet the Federal Government has spent 90 
times more funding for airline security. 
(3) Between fiscal years 2003 and 2004 the 
Department of Homeland Security has reduced tran-
sit security funding by 22 percent. 
(4) Safety and security of the Nation’s freight 
railroads and intercity passenger rail systems and 
public transit systems are critical to the Nation’s 
economy.
(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-