1.
This Act may be cited as the
Extremely Hazardous Materials Rail
Transportation Act of 2005
.
2.
Coordination of precautions and response efforts related to the
transportation by rail of extremely hazardous materials
(a)
(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)
(A)
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 prescribing regulations under subsection (a), the Secretary of
Homeland Security shall compile a list of area of concern communities.
(B)
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.
3.
Pressurized railroad cars
(a)
(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)
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)
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).
4.
Report on extremely hazardous materials transport
safety
(a)
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)
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)
The report required under subsection (a) shall be in unclassified
form, but may contain a classified annex.
5.
(a)
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)
(1)
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)
(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)
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)
An action under paragraph (1) shall be commenced not later than
180 days after the date on which the violation occurs.
(c)
(1)
A person prevailing in any action under subsection (b)(1) shall
be entitled to all relief necessary to make the person whole.
(2)
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.
6.
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).
7.
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.
8.
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.