[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 773 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 773

   To ensure the safe and secure transportation by rail of extremely 
                          hazardous materials.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2005

  Mr. Corzine introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To ensure the safe and secure transportation by rail of extremely 
                          hazardous materials.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Extremely Hazardous Materials Rail 
Transportation Act of 2005''.

SEC. 2. COORDINATION OF PRECAUTIONS AND RESPONSE EFFORTS RELATED TO THE 
              TRANSPORTATION BY RAIL OF EXTREMELY HAZARDOUS MATERIALS.

    (a) Regulations.--
            (1) Requirement for regulations.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall, in consultation with the Secretary of 
        Transportation and the heads of other Federal, State, and local 
        agencies, prescribe regulations for the coordination of efforts 
        of Federal, State, and local agencies aimed at preventing 
        terrorist acts and responding to emergencies that may occur in 
        connection with the transportation by rail of extremely 
        hazardous materials.
            (2) Content.--
                    (A) In general.--The regulations required under 
                paragraph (1) shall--
                            (i) require, and establish standards for, 
                        the training of individuals described in 
                        subparagraph (B) on safety precautions and best 
                        practices for responding to emergencies 
                        occurring in connection with the transportation 
                        by rail of extremely hazardous materials, 
                        including incidents involving acts of 
                        terrorism; and
                            (ii) establish a coordinated system for 
                        notifying appropriate Federal, State, and local 
                        law enforcement authorities (including, if 
                        applicable, transit, railroad, or port 
                        authority police agencies) and first responders 
                        of the transportation by rail of extremely 
                        hazardous materials through communities 
                        designated as area of concern communities by 
                        the Secretary of Homeland Security under 
                        subsection (b)(1).
                    (B) Individuals covered by training.--The 
                individuals described in subparagraph (A)(i) are first 
                responders, law enforcement personnel, and individuals 
                who transport, load, unload, or are otherwise involved 
                in the transportation by rail of extremely hazardous 
                materials or who are responsible for the repair of 
                related equipment and facilities in the event of an 
                emergency, including an incident involving terrorism.
    (b) Area of Concern Communities.--
            (1) Designation of area of concern communities.--
                    (A) In general.--In prescribing regulations under 
                subsection (a), the Secretary of Homeland Security 
                shall compile a list of area of concern communities.
                    (B) Criteria.--The Secretary of Homeland Security 
                shall include on such list communities through or near 
                which the transportation by rail of extremely hazardous 
                materials poses a serious risk to the public health and 
                safety. In making such determination, the Secretary 
                shall consider--
                            (i) the severity of harm that could be 
                        caused in a community by the release of the 
                        transported extremely hazardous materials;
                            (ii) the proximity of a community to major 
                        population centers;
                            (iii) the threat posed by such 
                        transportation to national security, including 
                        the safety and security of Federal and State 
                        government offices;
                            (iv) the vulnerability of a community to 
                        acts of terrorism;
                            (v) the threat posed by such transportation 
                        to critical infrastructure;
                            (vi) the threshold quantities of particular 
                        extremely hazardous materials that pose a 
                        serious threat to the public health and safety; 
                        and
                            (vii) such other safety or security factors 
                        that the Secretary determines appropriate to 
                        consider.
            (2) Consideration of alternate routes.--The Secretary of 
        Homeland Security shall conduct a study to consider the 
        possibility of reducing, through the use of alternate routes 
        involving lower security risks, the security risks posed by the 
        transportation by rail of extremely hazardous materials through 
        or near communities designated as area of concern communities 
        under paragraph (1), except in the case of emergencies or where 
        such alternatives do not exist or are prohibitively expensive.

SEC. 3. PRESSURIZED RAILROAD CARS.

    (a) New Safety Standards.--
            (1) Requirement for standards.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall, in consultation with the Secretary of 
        Transportation and the heads of other relevant Federal 
        agencies, prescribe by regulations standards for ensuring the 
        safety and physical integrity of pressurized tank cars that are 
        used in the transportation by rail of extremely hazardous 
        materials.
            (2) Consideration of specific risks.--In prescribing 
        regulations under paragraph (1), the Secretary of Homeland 
        Security shall consider the risks posed to such pressurized 
        tank cars by acts of terrorism, accidents, severe impacts, and 
        other actions potentially threatening to the structural 
        integrity of the cars or to the safe containment of the 
        materials carried by such cars.
    (b) Report on Impact Resistance.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall, in consultation with the Secretary of Transportation and 
        the heads of other relevant Federal agencies, submit to the 
        appropriate congressional committees a report on the safety and 
        physical integrity of pressurized tank cars that are used in 
        the transportation by rail of extremely hazardous materials, 
        including with respect to the risks considered under subsection 
        (a)(2).
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) the results of a study on the impact resistance 
                of such pressurized tank cars, including a comparison 
                of the relative impact resistance of tank cars 
                manufactured before and after the implementation by the 
                Administrator of the Federal Railroad Administration in 
                1989 of Federal standards on the impact resistance of 
                such tank cars; and
                    (B) an assessment of whether tank cars manufactured 
                before the implementation of the 1989 impact resistence 
                standards and tank cars manufactured after the 
                implementation of such standards conform with the 
                standards prescribed under subsection (a).

SEC. 4. REPORT ON EXTREMELY HAZARDOUS MATERIALS TRANSPORT SAFETY.

    (a) Requirement for Report.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland Security shall, 
in consultation with the Secretary of Transportation, submit to the 
appropriate congressional committees a report on the safety and 
security of the transportation by rail of extremely hazardous 
materials, including the threat posed to the security of such 
transportation by acts of terrorism.
    (b) Content.--The report required under subsection (a) shall 
include, in a form that does not compromise national security--
            (1) information specifying--
                    (A) the Federal and State agencies that are 
                responsible for the oversight of the transportation by 
                rail of extremely hazardous materials; and
                    (B) the particular authorities and responsibilities 
                of the heads of each such agency;
            (2) an assessment of the operational risks associated with 
        the transportation by rail of extremely hazardous materials, 
        with consideration given to the safety and security of the 
        railroad infrastructure in the United States, including 
        railroad bridges and rail switching areas;
            (3) an assessment of the vulnerability of railroad cars to 
        acts of terrorism while being used to transport extremely 
        hazardous materials;
            (4) an assessment of the ability of individuals who 
        transport, load, unload, or are otherwise involved in the 
        transportation by rail of extremely hazardous materials or who 
        are responsible for the repair of related equipment and 
        facilities in the event of an emergency, including an incident 
        involving terrorism, to respond to an incident involving 
        terrorism, including an assessment of whether such individuals 
        are adequately trained or prepared to respond to such 
        incidents;
            (5) a description of the study conducted under section 
        2(b)(2), including the conclusions reached by the Secretary of 
        Homeland Security as a result of such study and any 
        recommendations of the Secretary for reducing, through the use 
        of alternate routes involving lower security risks, the 
        security risks posed by the transportation by rail of extremely 
        hazardous materials through or near area of concern 
        communities;
            (6) other recommendations for improving the safety and 
        security of the transportation by rail of extremely hazardous 
        materials; and
            (7) an analysis of the anticipated economic impact and 
        effect on interstate commerce of the regulations prescribed 
        under this Act.
    (c) Form.--The report required under subsection (a) shall be in 
unclassified form, but may contain a classified annex.

SEC. 5. WHISTLEBLOWER PROTECTION.

    (a) In General.--No person involved in the transportation by rail 
of extremely hazardous materials may be discharged, demoted, suspended, 
threatened, harassed, or in any other manner discriminated against 
because of any lawful act done by the person--
            (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct which the person reasonably believes constitutes a 
        violation of any law, rule, or regulation related to the 
        security of shipments of extremely hazardous materials, or any 
        other threat to the security of shipments of extremely 
        hazardous materials, when the information or assistance is 
        provided to or the investigation is conducted by--
                    (A) a Federal regulatory or law enforcement agency;
                    (B) any Member of Congress or any committee of 
                Congress; or
                    (C) a person with supervisory authority over the 
                person (or such other person who has the authority to 
                investigate, discover, or terminate misconduct);
            (2) to file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding or action filed or about to be 
        filed relating to a violation of any law, rule, or regulation 
        related to the security of shipments of extremely hazardous 
        materials or any other threat to the security of shipments of 
        extremely hazardous materials; or
            (3) to refuse to violate or assist in the violation of any 
        law, rule, or regulation related to the security of shipments 
        of extremely hazardous materials.
    (b) Enforcement Action.--
            (1) In general.--A person who alleges discharge or other 
        discrimination by any person in violation of subsection (a) may 
        seek relief under subsection (c)--
                    (A) by filing a complaint with the Secretary of 
                Labor; and
                    (B) if the Secretary has not issued a final 
                decision within 180 days after the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the claimant, by commencing a 
                civil action in the appropriate district court of the 
                United States, which shall have jurisdiction over such 
                an action without regard to the amount in controversy.
            (2) Procedure.--
                    (A) Complaint to department of labor.--An action 
                under paragraph (1)(A) shall be governed under the 
                rules and procedures set forth in subsection (b) of 
                section 42121 of title 49, United States Code, except 
                that notification made under such subsection shall be 
                made to the person named in the complaint and to the 
                person's employer.
                    (B) Court action.--An action commenced under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b)(2)(B) of title 
                49, United States Code.
                    (C) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 180 
                days after the date on which the violation occurs.
    (c) Remedies.--
            (1) In general.--A person prevailing in any action under 
        subsection (b)(1) shall be entitled to all relief necessary to 
        make the person whole.
            (2) Compensatory damages.--Relief for any action under 
        paragraph (1) shall include--
                    (A) in the case of a termination of, or other 
                discriminatory act regarding the person's employment--
                            (i) reinstatement with the same seniority 
                        status that the person would have had, but for 
                        the discrimination; and
                            (ii) payment of the amount of any back pay, 
                        with interest, computed retroactively to the 
                        date of the discriminatory act; and
                    (B) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney 
                fees.
    (d) Rights Retained by Person.--Nothing in this section shall be 
deemed to diminish the rights, privileges, or remedies of any person 
under any Federal or State law, or under any collective bargaining 
agreement.

SEC. 6. CIVIL PENALTIES.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall prescribe regulations 
providing for the imposition of civil penalties for violations of--
            (1) regulations prescribed under this Act; and
            (2) the prohibition against discriminatory treatment under 
        section 5(a).

SEC. 7. NO FEDERAL PREEMPTION.

    Nothing in this Act shall be construed as preempting any State law, 
except that no such law may relieve any person of a requirement 
otherwise applicable under this Act.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Extremely hazardous material.--The term ``extremely 
        hazardous material'' means--
                    (A) a material that is toxic by inhalation;
                    (B) a material that is extremely flammable;
                    (C) a material that is highly explosive;
                    (D) high-level radioactive waste; and
                    (E) any other material designated by the Secretary 
                of Homeland Security as being extremely hazardous.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Commerce, 
                Science, and Transportation of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.
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