Congress greatly expanded the federal role in passenger rail security in Title XIV (the National Transit Systems Security Act of 2007) and Title XV (Surface Transportation Security) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( H.R. The first three are forms of public transit, which, along with Amtrak, share certain characteristics that make them vulnerable to attack: (1) they make scheduled stops along fixed routes; (2) their operations depend on people having quick and easy access to stations and trains; (3) the number of access points, volume of ridership, and pace of operations make it impractical to subject all rail passengers to the type of screening that airline passengers undergo; and (4) the number of operators and scale of operations of all forms of passenger rails systems in the United States make it difficult to provide uniform levels of security to each and every rail system. 108-458 ), Congress directed DHS to prepare a national strategy for transportation security and security plans for each transportation mode. Issues

		A Federal Strategy for Passenger Rail Security

In the Intelligence Reform and Terrorism Prevention Act of 2004 ( P.L. This strategic plan is to include "risk-based priorities across all transportation modes" for protecting transportation assets, "the most appropriate, practical, and cost-effective means of defending those assets," and "the agreed upon roles and missions of Federal, state, regional, and local authorities." This national transportation strategic plan, and the security plans for each transportation mode, were due to Congress by April 1, 2005. DHS sent a classified report to Congress in September 2005 on a "National Strategy for Transportation Security." GAO notes that "these plans are only a first step...[they] are not required to address how the sector is actually assessing risk and protecting its most critical assets." 110-53 ) authorizes funding for grants to transit and rail operators to provide security training for their employees; the amount of funding to be provided for those grants will be determined by Congress each year through appropriations to DHS. The act also authorizes DHS to regulate the security training programs of transit and rail operators. 1 ), which was signed into law August 3, 2007 ( P.L. Passenger rail security-related provisions in the legislation include authorization for several new grant programs: a total of $3.4 billion over the period FY2008-FY2011 for grants for public transportation security, for which commuter rail agencies will be among the eligible recipients (Â§ 1406); a total of $1.2 billion over the same period for grants for railroad security, for which eligible recipients include rail carriers, Amtrak, and state and local governments (Â§ 1513); a total of $650 million over the same period for grants to Amtrak for systemwide security upgrades (Â§ 1514); and a total of $200 million over the same period for grants to Amtrak for safety improvements to rail tunnels in New York, Baltimore, and Washington, DC (Â§ 1515). Legislation dealing with appropriations for the Department of Homeland Security also has implications for passenger rail security. The FY2008 DHS appropriations act (Division E of the Consolidated Appropriations Act, 2008/ P.L. 110-161 ) provided $47 million for surface transportation security activities (up from $37 million in FY2007), including $22 million for rail security inspectors and canine teams (up from $13 million in FY2007), and $400 million for public transportation and railroad security assistance grants (up from $275 million in FY2007).
Bombings of passenger trains in Europe and Asia in the last few years have demonstrated the vulnerability of passenger rail systems to terrorist attack. The number of riders and access points makes 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 terrorist attacks.
The 9/11 Commission 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. A comprehensive assessment of risk across all passenger rail operations has not been submitted to Congress. Most federal assistance for passenger rail security has been allocated to systems judged by the Department of Homeland Security (DHS) to be at highest risk.
The Intelligence Reform and Terrorism Prevention Act of 2004 ( P.L. 108-458 ) did not directly address passenger rail security, but did direct DHS to 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 appropriate levels and sources of funding for these efforts. DHS delivered a classified report on a "National Strategy for Transportation Security" to Congress in September 2005; this report was updated in April 2006. A security plan for the surface transportation sector was due to Congress by the end of 2006; DHS announced the plan's release in May 2007. The Government Accountability Office has noted that this plan is only a first step, as it is only required to describe how the most critical transportation assets will be identified and how their risk will be assessed, but is not required to address how risks to transportation assets are actually being assessed or how those assets will be protected.
The Implementing Recommendations of the 9/11 Commission Act of 2007 ( H.R. 1 / P.L. 110-53 ) signed into law on August 3, 2007, included comprehensive surface transportation security legislation. This act authorized a total of $3.5 billion for transit security and $2.0 billion for rail security, including grant programs for which commuter rail operators, Amtrak, and state and local governments will be eligible recipients. Some funds are specifically authorized for Amtrak's security and tunnel safety projects. The act also authorizes DHS to regulate the employee security training programs of transit and rail entities. The FY2008 DHS appropriations act (Division E of the Consolidated Appropriations Act, 2008/ P.L. 110-161 ) provides $47 million for surface transportation security activities, including $22 million for rail security inspectors and dogs, and $400 million for public transportation and railroad security assistance grants. This report will be updated.