[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5368 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5368

  To direct the Department of Transportation to issue regulations to 
require enhanced security measures for shipments of security sensitive 
                   material, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2016

  Ms. Norton introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To direct the Department of Transportation to issue regulations to 
require enhanced security measures for shipments of security sensitive 
                   material, and for other purposes.

    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 ``Save Our Communities from Risky 
Trains Act of 2016''.

SEC. 2. ENHANCED SECURITY MEASURES FOR SHIPMENTS OF SECURITY SENSITIVE 
              MATERIAL.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue regulations to 
require enhanced security measures for shipments of security sensitive 
material.
    (b) Security Sensitive Material.--The Secretary shall designate a 
material, or a group or class of material, in a particular amount and 
form as security sensitive if the Secretary determines that 
transporting the material in commerce poses a significant risk to 
national security due to the potential use of the material in an act of 
terrorism. In making such a designation, the Secretary shall consider 
the following:
            (1) A highway route-controlled quantity of a Class 7 
        (radioactive) material, as defined in section 173.403 of title 
        49, Code of Federal Regulations, in a motor vehicle, railroad 
        car, or freight container.
            (2) More than 25 kilograms of a division 1.1, 1.2, or 1.3 
        explosive, as defined in section 173.50 of title 49, Code of 
        Federal Regulations, in a motor vehicle, rail car, or freight 
        container.
            (3) More than one liter per package of a material poisonous 
        by inhalation, as defined in section 171.8 of title 49, Code of 
        Federal Regulations, that meets the criteria for hazard zone A, 
        as specified in section 173.116(a) or section 173.133(a) of 
        title 49, Code of Federal Regulations.
            (4) A shipment of a quantity of hazardous materials in a 
        bulk packaging having a capacity equal to or greater than 
        13,248 liters for liquids or gases or more than 13.24 cubic 
        meters for solids.
            (5) A select agent or toxin regulated by the Centers for 
        Disease Control and Prevention under part 73 of title 42, Code 
        of Federal Regulations.
            (6) A quantity of hazardous material that requires 
        placarding under the provisions of subpart F of part 172 of 
        title 49, Code of Federal Regulations.
    (c) Compilation of Route and Storage Pattern Information for 
Railroad Carriers Transporting Security Sensitive Material.--Not later 
than 90 days after the last day of each calendar year, a railroad 
carrier that transports security sensitive material shall compile 
commodity data by route and storage pattern, a line segment or series 
of line segments as aggregated by the railroad carrier. Within a 
railroad carrier selected route, the commodity data shall identify the 
geographic location of the route and storage pattern and the total 
number of shipments by United Nations identification number for 
security sensitive material and storage patterns along the route.
    (d) Rail Transportation Route and Storage Pattern Analysis for 
Security Sensitive Material.--For each calendar year, a railroad 
carrier that transports security sensitive material shall submit to the 
Secretary a written analysis of the security risks for the 
transportation routes and storage patterns identified in the commodity 
data collected as required by subsection (c). The analysis shall 
include the security risks present for the route, railroad facilities, 
railroad storage facilities, private storage facilities, and areas of 
concern along or in proximity to the route.
    (e) Alternative Route and Storage Pattern Analysis for Security 
Sensitive Material.--
            (1) In general.--Before the last day of each calendar year, 
        a railroad carrier that transports security sensitive material 
        shall submit to the Secretary of Transportation a report 
        containing--
                    (A) a description of any practical alternative 
                routes and storage patterns that avoid areas of concern 
                for each of the transportation routes or facilities 
                such carrier used to transport or store security 
                sensitive material through or near areas of concern 
                during such calendar year;
                    (B) a security risk assessment of each alternative 
                route and storage pattern that includes the information 
                required under subsection (d); and
                    (C) a comparison of the risks identified under 
                subparagraph (B) to the applicable primary rail 
                transportation route and storage pattern analyzed under 
                subsection (d).
            (2) Considerations.--A railroad carrier shall consider the 
        availability of interchange agreements or systems of tracks and 
        facilities owned by other operators when determining whether an 
        alternate route for transporting security sensitive material to 
        avoid areas of concern is practical pursuant to paragraph 
        (1)(A).
            (3) Impractical alternative route or storage facility.--A 
        railroad carrier may consider an alternate route or storage 
        facility that avoids an area of concern to not be a practical 
        alternative route and storage pattern under paragraph (1)(A) 
        if--
                    (A) the shipment originates in or is destined for 
                the area of concern; or
                    (B) there would be no harm beyond the property of 
                the railroad carrier transporting the shipment or 
                storage facility storing the shipment in the event of a 
                successful terrorist attack on the shipment.
    (f) Alternative Route and Storage Pattern Selection for Security 
Sensitive Material.--Not later than 90 days after submission of a 
report under subsection (e), the railroad carrier shall begin using the 
route and storage pattern that, as determined by the analyses required 
under subsections (d) and (e), best reduces the risk, including 
consequences, of a terrorist attack on, or derailment of, a shipment of 
security sensitive material that is transported through or near an area 
of concern.
    (g) Review.--Not less than once every 5 years, each railroad 
carrier that transports security sensitive material shall conduct a 
comprehensive, system-wide review of all operational changes, 
infrastructure modifications, traffic adjustments, changes in the 
nature of the areas of concern located along or in proximity to the 
route, or other changes affecting the security of the movements of the 
materials determined to be security sensitive under subsection (b) that 
were implemented during the 5-year period.
    (h) Definitions.--In this section, the following definitions apply:
            (1) Area of concern.--The term ``area of concern'' means a 
        geographic region designated by the Secretary of Transportation 
        as commanding special consideration with respect to the 
        security of the transportation of security sensitive material, 
        which shall include high threat urban areas as determined by 
        the Secretary.
            (2) Railroad carrier.--The term ``railroad carrier'' has 
        the meaning given that term in section 20102 of title 49, 
        United States Code.
            (3) Security sensitive material.--The term ``security 
        sensitive material'' means a material determined by the 
        Secretary of Transportation to be security sensitive pursuant 
        to subsection (b).
            (4) Storage pattern.--The term ``storage pattern'' means 
        the conditions of storage, including--
                    (A) location of cars in railroad yards or on 
                railroad-controlled leased tracks;
                    (B) type of storage, such as bulk transfer;
                    (C) typical types and numbers of security sensitive 
                material cars stored in close proximity (in ranges);
                    (D) population density;
                    (E) average length of time cars are stored, 
                attended or unattended; and
                    (F) security measures present, including physical 
                security measures, secure handoffs and nearest 
                available safe havens for storage in case of heightened 
                threat conditions.
            (5) Terrorism.--The term ``terrorism'' has the meaning 
        given that term in section 2 of the Homeland Security Act of 
        2002 (6 U.S.C. 101).
                                 <all>