RL32625
Passenger Rail Security: Overview of Issues
October 12, 2004

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Summary:

The March 2004 bombing of passenger trains in Spain highlighted the vulnerability of passenger rail systems to terrorist attack. The number of riders and access points make it impractical to subject all rail passengers to the type of screening airline passengers undergo. Nevertheless, steps can be taken to reduce the risks of an attack. The 9/11 Commission has called for a systematic analysis of transportation assets, the risks to those assets, and the costs and benefits of different approaches to defending those assets; the Commission also called for homeland security assistance to be distributed based on these assessments of risks and vulnerabilities, rather than according to population. Among legislation introduced in response to the general recommendations of the 9/11 Commission are H.R. 10 and S. 2845, bills proposing wide-ranging changes to the nation's intelligence system; they do not directly address passenger rail security, but S. 2845 (passed Senate October 6, 2004) would have the Department of Homeland Security create a national strategy for transportation security. This plan would identify national transportation assets, set risk-based priorities for their protection, assign responsibilities for their protection, and recommend appropriates levels and sources of funding for these efforts. H.R. 10 would also direct the Department of Homeland Security to develop a transportation security plan, but the plan appears to be focused on aviation. S. 2273, the Rail Security Act of 2004 (passed Senate October 1, 2004), calls for risk and vulnerability assessments of freight and passenger rail transportation, and would provide grants to railroads for security improvements, based in part on the level of risk and vulnerability. S. 2884, the Public Transportation Terrorism Prevention Act of 2004 (passed Senate October 1, 2004), would require the Department of Homeland Security to assess transit agencies and develop security improvement priorities to be funded through a public transportation security grant program; the bill would also create a public transportation security research, development, and demonstration grant program. H.R. 5082, the Public Transportation Terrorism Prevention and Response Act of 2004, would require the Departments of Homeland Security and Transportation to jointly assess transit agencies for threats and vulnerabilities. These assessments would form the basis for security guidelines and federal security grants which would be administered by the Department of Transportation. H.R. 4567, the FY2005 appropriations bill for the Department of Homeland Security, would provide $162 million in assistance for passenger rail security. This bill has been passed by Congress, and awaits the President's signature. A key challenge facing Congress is balancing the desire for and cost of increased rail passenger security with the operating efficiency of the systems, the potential costs of one or more attacks, and with other options for promoting national security. This report will be updated as warranted.