[Congressional Record Volume 151, Number 80 (Thursday, June 16, 2005)]
[Senate]
[Pages S6743-S6746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       By Mr. BIDEN:
  S. 256. A bill to require the Secretary of Homeland Security to 
develop regulations regarding the transportation of extremely hazardous 
materials, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. BIDEN. Mr. President, I rise today to introduce the Hazardous 
Materials Vulnerability Reduction Act of 2005. It is regretful that I 
am introducing this legislation, as the Department of Homeland Security 
has all of the legal authorities necessary to undertake the steps set 
out in this legislation. However, nearly 4 years after September 11, 
the Department of Homeland Security is still not doing its job. Quite 
frankly, officials at the Department of Homeland Security are either 
unaware, or even worse, they are purposely ignoring a grave threat to 
our cities. Hazardous materials being transported by 90-ton rail 
tankers has been described as a ``uniquely dangerous'' threat--
comparable only to a nuclear or biological attack. According to the 
Department of Homeland Security and the Department of Transportation, 
these materials pose special risks during transportation because their 
uncontrolled release can endanger significant numbers of people. In 
addition, there have been countless reports of lax security along the 
urban area rail routes they travel. Nevertheless, the administration 
has done nothing to reduce this threat. The legislation that I am 
introducing today will require the Department of Homeland Security to 
develop a comprehensive, risk-based strategy for reducing the threat of 
a terrorist attack on extremely hazardous materials in our Nation's 
high-threat cities. The steps set out in this legislation should have 
been taken years ago, but it is clear that the Department of Homeland 
Security will not act. I hope that my colleagues will join me in 
passing this legislation to require them to act.
  Within just a few miles of where we stand right now, rail tankers 
carrying the world's most dangerous chemicals are being transported 
over tracks that are not sufficiently safeguarded or monitored. 
According to Richard A. Falkenrath, a former homeland security adviser 
to President Bush, this threat stands out ``as acutely vulnerable and 
almost uniquely dangerous.'' He is not alone in this opinion. The 
Homeland Security Council released a report in July 2004 indicating 
that an explosion, in an urban area, of a rail tanker carrying chlorine 
could kill up to 17,500 individuals and could require the 
hospitalization of nearly 100,000. An analysis by the Naval Research 
Laboratory depicted a more troubling scenario when it studied the 
potential for damage if an attack occurred while an event was being 
held on the National Mall, such as the annual Fourth of 
July celebration. According to this analysis, ``over 100,000 people 
could be seriously harmed or even killed in the first half hour.'' Let 
me say that again, according to a study by the Naval Research 
Laboratory ``over 100,000 people could be seriously harmed or killed in 
the first half hour.''

  Terrorist groups already understand the potential impact of such an 
attack. The FBI and CIA have uncovered evidence that terrorists have 
targeted chemical shipments, and just a few months ago during testimony 
before the Senate Intelligence Committee, FBI Director Mueller 
indicated that threats to rail remain a key concern. This should not be 
a surprise. Rail systems are the most frequently attacked targets 
worldwide, and the wide open nature of their architecture makes them 
vulnerable at many points. In other words, rail systems present many 
soft targets. Incidentally, I have introduced separate legislation in 
the last three Congresses that would provide $1.2 billion to eliminate 
some of the vulnerabilities in our rail system; however, this 
legislation has not been supported by the Bush administration and it 
has not passed Congress. In fact, the administration has not asked for 
a single dime specifically for rail security. This is very troubling 
because we know that the modus operandi for many terrorist groups is to 
cause mass casualties and spectacular damage. According to the Chlorine 
Institute, an attack on a 90-ton tanker could create a toxic cloud 40 
miles long and 10 miles wide. The Environmental Protection Agency 
estimates that in an urban area this toxic cloud could extend 14 miles. 
Can you imagine the psychological impact of a toxic cloud of poisonous 
gas expanding and moving slowly over one of our major metropolitan 
areas--leaving death and chaos in its path?
  Given the potential damage and the direct threat against chemical 
rail tankers, you would think that the Bush administration has been 
busy reducing or eliminating this threat. Unfortunately, as with so 
many other areas involving our homeland security this does not appear 
to be the case. In January testimony before the Senate Homeland 
Security Committee, Mr. Falkenrath stated that ``to date, the Federal 
Government has not made a material reduction in the inherent 
vulnerability of hazardous chemical targets inside the United States.'' 
He went on to say that this should be the highest priority for the 
Department of Homeland Security. A Wall Street Journal article written 
last year--``Graffiti Artists Put Their Mark on War Against 
Terrorism''--provides a chilling example of the exposure of these 
chemical tankers. The reporter followed a graffiti artist to a railroad 
tunnel along tracks that run near I-395 not far from where we stand. As 
he was conducting the interview, a tanker carrying dangerous chemicals 
rolled by on an adjacent track. The graffiti artist noted that ``it 
wouldn't be hard at all for someone like Al Qaeda to wait right here 
for the right poison and bang! Good-bye Washington.''

  This threat and the lack of action by the Department of Homeland 
Security has led many city officials to consider local legislation to 
ban shipments of hazardous materials. Right now, a dispute between the 
District of Columbia and the transportation companies joined by the 
Bush administration is being litigated in Federal courts. Other cities, 
such as Philadelphia and Boston are considering similar action. As a 
former county executive, I am sympathetic to the plight of local 
officials, and they should certainly be allowed to exercise their 
police powers in appropriate situations. I believe, and I am sure most 
local officials would agree, that it would be better to have a 
national, comprehensive policy on this issue. This is simply too 
important to have a patchwork strategy. The Department of Homeland 
Security should have already done this. Unfortunately, they have not, 
and this legislation will require the Department to take some basic, 
fundamental steps to enhance safety for the American people.
  The legislation that I am introducing requires the Department of 
Homeland Security to issue regulations establishing a national policy 
for dealing with the transport of the world's most dangerous chemicals 
by rail through our high threat cities. It will require the Department 
to develop protocols for the notification of State and local officials, 
and it will require the Department to study and report to Congress 
regarding security enhancing measures such as secondary containment 
technologies, GPS tracking of shipments, and the feasibility of 
smaller, more secure tankers. The bill also includes a provision 
requiring the Department of Homeland Security to work with State and 
local officials, the rail industry and other stakeholders to develop a 
strategy for rerouting a small fraction of the most dangerous materials 
around our most threatened city. It is estimated that only 5 percent of 
all hazardous materials shipped by rail will be subjected to this 
regulation. Finally, the bill will provide $100 million to State and 
local governments and rail operators to purchase safety equipment and 
provide training to first responders and rail workers who are likely to 
discover and respond to an incident involving hazardous materials. An 
additional $10 million will be made available to the National Labor 
College to provide further training for rail workers.
  I realize that the rail industry has invested considerable amounts of 
its own money to enhance security since September 11, and this 
legislation is not an indictment of their efforts. I have been pushing 
to get more Federal funding for rail security for years, but this plea 
has fallen on deaf ears within the administration. I realize that we 
cannot eliminate every conceivable risk, but at a time when we have 
troops overseas fighting the war on terror and our Nation's law 
enforcement agencies are on high alert, the least that we should do

[[Page S6744]]

is ensure that we have a national strategy for handling a threat that 
is comparable in scope to a nuclear or biological attack. I will close 
by again referring to the grave warning set out in the study by the 
Naval Research Laboratory--``over 100,000 people could be seriously 
harmed or even killed in the first half hour'' of an attack. The danger 
is simply too great to ignore, and I ask my colleagues to join me in 
passing this critical legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1256

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

     SECTION 1. SHORT TITLE; FINDINGS.

       (a) Short Title.--This Act may be cited as the ``Hazardous 
     Materials Vulnerability Reduction Act of 2005''.
       (b) Findings.--Congress makes the following findings:
       (1) Congress has specifically given the Department of 
     Homeland Security, working in conjunction with the Department 
     of Transportation and other Federal agencies, the primary 
     authority for the security of the United States 
     transportation sector, including passenger and freight rail.
       (2) This authority includes the responsibility to protect 
     American citizens from terrorist incidents related to the 
     transport by rail of extremely hazardous materials.
       (3) Federal agencies have determined that hazardous 
     materials can be used as tools of destruction and terror and 
     that extremely hazardous materials are particularly 
     vulnerable to sabotage or misuse during transport.
       (4) The Federal Bureau of Investigation and the Central 
     Intelligence Agency have found evidence suggesting that 
     chemical tankers used to transport and store extremely 
     hazardous chemicals have been targeted by terrorist groups.
       (5) Rail shipments of extremely hazardous materials are 
     often routed through highly attractive targets and densely 
     populated areas, including within a few miles of the White 
     House and United States Capitol.
       (6) According to security experts, certain extremely 
     hazardous materials present a mass casualty terrorist 
     potential rivaled only by improvised nuclear devices, certain 
     acts of bioterrorism, and the collapse of large occupied 
     buildings.
       (7) A report by the Chlorine Institute found that a 90-ton 
     rail tanker, if successfully targeted by an explosive device, 
     could cause a catastrophic release of an extremely hazardous 
     material, creating a toxic cloud 40 miles long and 10 miles 
     wide.
       (8) The Environmental Protection Agency estimates that in 
     an urban area a toxic cloud could extend for 14 miles.
       (9) The United States Naval Research Laboratories concluded 
     that a toxic plume of this type, created while there was a 
     public event on the National Mall, could kill or injure up to 
     100,000 people in less than 30 minutes.
       (10) According to security experts, rail shipments of 
     extremely hazardous materials are particularly vulnerable and 
     dangerous, however the Federal Government has made no 
     material reduction in the inherent vulnerability of hazardous 
     chemical targets inside the United States.
       (11) While the safety record related to rail shipments of 
     hazardous materials is very good, recent accidental releases 
     of extremely hazardous materials in rural South Carolina and 
     San Antonio, Texas, demonstrate the fatal danger posed by 
     extremely hazardous materials.
       (12) Security experts have determined that re-routing these 
     rail shipments is the only way to immediately eliminate this 
     danger in high threat areas, which currently puts hundreds of 
     thousands of people at risk.
       (13) Security experts have determined that the primary 
     benefit of re-routing the shipment of extremely hazardous 
     materials is a reduction in the number of people that would 
     be exposed to the deadly impact of the release due to an 
     attack, and the principal cost would be the additional 
     operating expense associated with possible increase inhaul 
     for the shipment of extremely hazardous materials.
       (14) Less than 5 percent of all hazardous materials shipped 
     by rail will meet the definition of extremely hazardous 
     materials under this Act.

     SEC. 2. DEFINITIONS.

       In this Act, the following definitions apply:
       (1) Extremely hazardous material.--The term ``extremely 
     hazardous material'' means any chemical, toxin, or other 
     material being shipped or stored in sufficient quantities to 
     represent an acute health threat or have a high likelihood of 
     causing injuries, casualties, or economic damage if 
     successfully targeted by a terrorist attack, including 
     materials that--
       (A) are--
       (i) toxic by inhalation;
       (ii) extremely flammable; or
       (iii) highly explosive;
       (B) contain high level nuclear waste; or
       (C) are otherwise designated by the Secretary as extremely 
     hazardous.
       (2) High threat corridor.--
       (A) In general.--The term ``high threat corridor'' means a 
     geographic area that has been designated by the Secretary as 
     particularly vulnerable to damage from the release of 
     extremely hazardous materials, including--
       (i) large populations centers;
       (ii) areas important to national security;
       (iii) areas that terrorists may be particularly likely to 
     attack; or
       (iv) any other area designated by the Secretary as 
     vulnerable to damage from the rail shipment or storage of 
     extremely hazardous materials.
       (B) Other areas.--
       (i) In general.--Any city that is not designated as a high 
     threat corridor under subparagraph (A) may file a petition 
     with the Secretary to be so designated.
       (ii) Procedure.--The Secretary shall establish, by rule, 
     regulation, or order, procedures for petitions under clause 
     (i), including--

       (I) designating the local official eligible to file a 
     petition;
       (II) establishing the criteria a city shall include in a 
     petition;
       (III) allowing a city to submit evidence supporting its 
     petition; and
       (IV) requiring the Secretary to rule on the petition not 
     later than 60 days after the date of submission of the 
     petition.

       (iii) Notice.--The Secretary's decision regarding any 
     petition under clause (i) shall be communicated to the 
     requesting city, the Governor of the State in which the city 
     is located, and the Senators and Members of the House of 
     Representatives that represent the State in which the city is 
     located.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security or the Secretary's designee.
       (4) Storage.--The term ``storage'' means any temporary or 
     long-term storage of extremely hazardous materials in rail 
     tankers or any other medium utilized to transport extremely 
     hazardous materials by rail.

     SEC. 3. REGULATIONS FOR TRANSPORT OF EXTREMELY HAZARDOUS 
                   MATERIALS.

       (a) Purposes of Regulations.--The regulations issued under 
     this section shall establish a national, risk-based policy 
     for extremely hazardous materials transported by rail or 
     being stored. To the extent the Secretary determines 
     appropriate, the regulations issued under this section shall 
     be consistent with other Federal, State, and local 
     regulations and international agreements relating to shipping 
     or storing extremely hazardous materials.
       (b) Issuance of Regulations.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary shall issue, 
     after notice and opportunity for public comment, regulations 
     concerning the rail shipment and storage of extremely 
     hazardous materials by owners and operators of railroads. In 
     developing such regulations, the Secretary shall consult with 
     other Federal, State, and local government entities, security 
     experts, representatives of the hazardous materials rail 
     shipping industry, labor unions representing persons who work 
     with hazardous materials in the rail shipping industry, and 
     other interested persons, including private sector interest 
     groups.
       (c) Requirements.--The regulations issued under this 
     section shall--
       (1) include a list of the high threat corridors designated 
     by the Secretary;
       (2) contain the criteria used by the Secretary to determine 
     whether an area qualifies as a high threat corridor;
       (3) include a list of extremely hazardous materials;
       (4) establish protocols for owners and operators of 
     railroads that ship extremely hazardous materials regarding 
     notifying all governors, mayors, and other designated 
     officials and local emergency responders in a high threat 
     corridor of the quantity and type of extremely hazardous 
     materials that are transported by rail through the high 
     threat corridor;
       (5) require reports regarding the transport by railroad of 
     extremely hazardous materials by the Secretary to local 
     governmental officials designated by the Secretary, and Local 
     Emergency Planning Committees, established under the 
     Emergency Planning and Community Right to Know Act of 1986 
     (42 U.S.C. 11001 et seq.);
       (6) establish protocols for the coordination of Federal, 
     State, and local law enforcement authorities in creating a 
     plan to respond to a terrorist attack, sabotage, or accident 
     involving a rail shipment of extremely hazardous materials 
     that causes the release of such materials;
       (7) require that any rail shipment containing extremely 
     hazardous materials be re-routed around any high threat 
     corridor; and
       (8) establish standards for the Secretary to grant 
     exceptions to the re-routing requirement under paragraph (7).
       (d) High Threat Corridors.--
       (1) In general.--The criteria under subsection (c)(2) for 
     determining whether an area qualifies as a high threat 
     corridor may be the same criteria used for the distribution 
     of funds under the Urban Area Security Initiative program.
       (2) Initial list.--If the Secretary is unable to complete 
     the review necessary to determine which areas should be 
     designated as high threat corridors within 90 days after the 
     date of enactment of this Act, the initial list shall be the 
     cities that receive funding under the Urban Areas Security 
     Initiative Program in fiscal year 2004.
       (e) Extremely Hazardous Materials List.--If the Secretary 
     is unable to complete

[[Page S6745]]

     the review necessary to determine which materials should be 
     designated extremely hazardous materials under subsection 
     (c)(3) within 90 days of the date of enactment of this Act, 
     the initial list shall include--
       (1) explosives classified as Class 1, Division 1.1, or 
     Class 1, Division 1.2, under section 173.2 of title 49, Code 
     of Federal Regulations, in a quantity greater than 500 
     kilograms;
       (2) flammable gasses classified as Class 2, Division 2.1, 
     under section 173.2 of title 49, Code of Federal Regulations, 
     in a quantity greater than 10,000 liters;
       (3) poisonous gasses classified as Class 2, Division 2.3, 
     under section 173.2 of title 49, Code of Federal Regulations, 
     that are also assigned to Hazard Zones A or B under section 
     173.116 of title 49, Code of Federal Regulations, in a 
     quantity greater than 500 liters;
       (4) poisonous materials, other than gasses, classified as 
     Class 6, Division 6.1, under section 173.2 of title 49, Code 
     of Federal Regulations, that are also assigned to Hazard 
     Zones A or B under section 173.116 of title 49, Code of 
     Federal Regulations, in a quantity greater than 1,000 
     kilograms; and
       (5) anhydrous ammonia classified as Class 2, Division 2.2, 
     under section 173.2 of title 49, Code of Federal Regulations, 
     in a quantity greater than 1,000 kilograms.
       (f) Notification.--
       (1) In general .--The protocols under subsection (c)(4) 
     shall establish the required frequency of reporting by an 
     owner and operator of a railroad to the Governors, Mayors, 
     and other designated officials and local emergency responders 
     in a high threat corridor.
       (2) Reports to secretary.--The protocols under subsection 
     (c)(4) shall require owners and operators of railroad to make 
     annual reports to the Secretary regarding the transportation 
     of extremely hazardous materials, and to make quarterly 
     updates if there has been any significant change in the type, 
     quantity, or frequency of shipments.
       (3) Considerations.--In developing protocols under 
     subsection (c)(4), the Secretary shall consider both the 
     security needs of the United States and the interests of 
     State and local governmental officials.
       (g) Reports.--
       (1) Frequency.--
       (A) In general.--The Secretary shall make an annual report 
     to local governmental officials and Local Emergency Planning 
     Committees under subsection (c)(5).
       (B) Updates.--If there has been any significant change in 
     the type, quantity, or frequency of rail shipments in a 
     geographic area, the Secretary shall make a quarterly update 
     report to local governmental officials and Local Emergency 
     Planning Committees in that geographic area.
       (2) Contents.--Each report made under subsection (c)(5) 
     shall incorporate information from the reports under 
     subsection (c)(4) and shall include--
       (A) a good-faith estimate of the total number of rail cars 
     containing extremely hazardous materials shipped through or 
     stored in each metropolitan statistical area; and
       (B) if a release from a railcar carrying or storing 
     extremely hazardous materials is likely to harm persons or 
     property beyond the property of the owner or operator of the 
     railroad, a risk management plan that provides--
       (i) a hazard assessment of the potential effects of a 
     release of the extremely hazardous materials, including--

       (I) an estimate of the potential release quantities; and
       (II) a determination of the downwind effects, including the 
     potential exposures to affected populations;

       (ii) a program to prevent a release of extremely hazardous 
     materials, including--

       (I) security precautions;
       (II) monitoring programs; and
       (III) employee training measures utilized; and

       (iii) an emergency response program that provides for 
     specific actions to be taken in response to the release of an 
     extremely hazardous material, including procedures for 
     informing the public and Federal, State, and local agencies 
     responsible for responding to the release of an extremely 
     hazardous material.
       (h) Transportation and Storage of Extremely Hazardous 
     Materials Through High Threat Corridors.--
       (1) In general.--The standards for the Secretary to grant 
     exceptions under subsection (c)(8) shall require a finding of 
     special circumstances by the Secretary, including that--
       (A) the shipment originates in or is destined to the high 
     threat corridor;
       (B) there is no practical alternate route;
       (C) there is an unanticipated, temporary emergency that 
     threatens the lives of people in the high threat corridor; or
       (D) there would be no harm to persons or property beyond 
     the property of the owner or operator of the railroad in the 
     event of a successful terrorist attack on the shipment.
       (2) Practical alternate routes.--Whether a shipper must 
     utilize an interchange agreement or otherwise utilize a 
     system of tracks or facilities owned by another operator 
     shall not be considered by the Secretary in determining 
     whether there is a practical alternate route under paragraph 
     (1)(B).
       (3) Grant of exception.--If the Secretary grants an 
     exception under subsection (c)(8)--
       (A) the extremely hazardous material may not be stored in 
     the high threat corridor, including under a leased track or 
     rail siding agreement; and
       (B) the Secretary shall notify Federal, State, and local 
     law enforcement and first responder agencies (including, if 
     applicable, transit, railroad, or port authority agencies) 
     within the high threat corridor.

     SEC. 4. SAFETY TRAINING.

       (a) Homeland Security Grant Program.--
       (1) In general.--The Secretary may award grants to local 
     governments and owners and operators of railroads to conduct 
     training regarding safety procedures for handling and 
     responding to emergencies involving extremely hazardous 
     materials.
       (2) Use of funds.--Grants under this subsection may be used 
     to provide training and purchase safety equipment for 
     individuals who--
       (A) transport, load, unload, or are otherwise involved in 
     the shipment of extremely hazardous materials;
       (B) would respond to an accident or incident involving a 
     shipment of extremely hazardous materials; and
       (C) would repair transportation equipment and facilities in 
     the event of such an accident or incident.
       (3) Application.--A local government or owner or operator 
     of a railroad desiring a grant under this subsection shall 
     submit an application at such time, in such manner, and 
     accompanied by such information as the Secretary may 
     reasonably establish.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated $100,000,000 to carry out this subsection.
       (b) Railway Hazmat Training Program.--
       (1) Program.--Section 5116(j) of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(6) Railway hazmat training program.--
       ``(A) In order to further the purposes of subsection (b), 
     the Secretary of Transportation shall, subject to the 
     availability of funds, make grants to national nonprofit 
     employee organizations with experience in conducting training 
     regarding the transportation of hazardous materials on 
     railways for the purpose of training railway workers who are 
     likely to discover, witness, or otherwise identify a release 
     of extremely hazardous materials and to prevent or respond 
     appropriately to the incident.
       ``(B) The Secretary of Transportation shall delegate 
     authority for the administration of the Railway Hazmat 
     Training Program to the Director of the National Institute of 
     Environmental Health Sciences under subsection (g). In 
     administering the program under this paragraph, the Director 
     of the National Institute of Environmental Health Sciences 
     shall consult closely with the Secretary of Transportation 
     and the Secretary of Homeland Security.''.
       (2) Authorization of appropriations.--Section 5127 of title 
     49, United States Code, is amended by adding at the end the 
     following:
       ``(h) Railway Hazmat Training Program.--There are 
     authorized to be appropriated $10,000,000 for each of fiscal 
     years 2006, 2007, and 2008 to carry out section 
     5116(j)(6).''.

     SEC. 5. RESEARCH AND DEVELOPMENT.

       (a) Transport.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall conduct a study of 
     the benefits and availability of technology and procedures 
     that may be utilized to--
       (A) reduce the likelihood of a terrorist attack on a rail 
     shipment of extremely hazardous materials;
       (B) reduce the likelihood of a catastrophic release of 
     extremely hazardous materials in the event of a terrorist 
     attack; and
       (C) enhance the ability of first responders to respond to a 
     terrorist attack on a rail shipment of extremely hazardous 
     materials and other required activities in the event of such 
     an attack.
       (2) Matters studied.--The study conducted under this 
     subsection shall include the evaluation of--
       (A) whether safer alternatives to 90-ton rail tankers 
     exist;
       (B) the feasibility of requiring chemical shippers to 
     electronically track the movements of all shipments of 
     extremely hazardous materials and report this information to 
     the Department of Homeland Security on an ongoing basis as 
     such shipments are transported; and
       (C) the feasibility of utilizing finger-print based access 
     controls for all chemical conveyances.
       (3) Reporting.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress describing the findings of the study conducted under 
     this subsection, which shall include recommendations and cost 
     estimates for securing shipments of extremely hazardous 
     materials.
       (b) Physical Security.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall conduct a study of 
     the physical security measures available for rail shipments 
     of extremely hazardous materials that will reduce the risk of 
     leakage or release in the event of a terrorist attack or 
     sabotage.
       (2) Matters studied.--The study conducted under this 
     subsection shall consider the use of passive secondary 
     containment of tanker valves, additional security force 
     personnel, surveillance technologies, barriers, decoy rail 
     cars, and methods to minimize delays during shipping.
       (3) Reporting.--Not later than 180 days after the date of 
     enactment of this Act, the

[[Page S6746]]

     Secretary shall submit a report to Congress describing the 
     findings of the study conducted under this subsection, which 
     shall contain recommendations and cost estimates for securing 
     shipments of extremely hazardous materials.
       (c) Leased Track Storage Arrangements.--
       (1) In general.--Not later than 90 days after enactment of 
     this Act, the Secretary shall conduct a study of available 
     alternatives to storing extremely hazardous materials in or 
     on leased track facilities.
       (2) Matters studied.--The study conducted under this 
     subsection shall--
       (A) evaluate the extent of the use of leased track 
     facilities and the security measures that should be taken to 
     secure leased track facilities; and
       (B) assess means to limit the consequences of an attack on 
     extremely hazardous materials stored on leased track 
     facilities to nearby communities.
       (3) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress describing the findings of the study conducted under 
     this subsection, which shall contain recommendations and cost 
     estimates for securing shipments of extremely hazardous 
     materials.

     SEC. 6. WHISTLEBLOWER PROTECTION.

       (a) Prohibition Against Discrimination.--No owner or 
     operator of a railroad may discharge or otherwise 
     discriminate against any employee with respect to 
     compensation, terms, conditions, or privileges of employment 
     because the employee (or any person acting pursuant to the 
     request of the employee) provided information to the 
     Secretary, the Attorney General, or any Federal supervisory 
     agency regarding a possible violation of any provision of 
     this Act by the owner or operator of a railroad or any 
     director, officer, or employee of an owner or operator of a 
     railroad.
       (b) Enforcement.--Any employee or former employee who 
     believes that such employee has been discharged or 
     discriminated against in violation of subsection (a) may file 
     a civil action in the appropriate United States district 
     court before the end of the 2-year period beginning on the 
     date of such discharge or discrimination.
       (c) Remedies.--If the district court determines that a 
     violation has occurred, the court may order the owner or 
     operator of a railroad that committed the violation to--
       (1) reinstate the employee to the employee's former 
     position;
       (2) pay compensatory damages; or
       (3) take other appropriate actions to remedy any past 
     discrimination.
       (d) Limitation.--The protections of this section shall not 
     apply to any employee who--
       (1) deliberately causes or participates in the alleged 
     violation of law or regulation; or
       (2) knowingly or recklessly provides substantially false 
     information to the Secretary, the Attorney General, or any 
     Federal supervisory agency.

     SEC. 7. PENALTIES.

       (a) Right of Action.--
       (1) In general.--Any State or local government may bring a 
     civil action in a United States district court for redress of 
     injuries caused by a violation of this Act against any person 
     (other than an individual) who transports, loads, unloads, or 
     is otherwise involved in the shipping of extremely hazardous 
     materials by rail and who violated this Act.
       (2) Relief.--In an action under paragraph (1), a State or 
     local government may seek, for each violation of this Act--
       (A) an order for injunctive relief; and
       (B) a civil penalty of not more than $1,000,000.
       (b) Administrative Penalties.--
       (1) In general.--The Secretary may issue an order imposing 
     an administrative penalty of not more than $1,000,000 for 
     each failure by a person (other than an individual) who 
     transports, loads, unloads, or is otherwise involved in the 
     shipping of extremely hazardous materials to comply with this 
     Act.
       (2) Notice and hearing.--Before issuing an order under 
     paragraph (1), the Secretary shall provide the person who 
     allegedly violated this Act--
       (A) written notice of the proposed order; and
       (B) the opportunity to request, not later than 30 days 
     after the date on which the person received the notice, a 
     hearing on the proposed order.
       (3) Procedures.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     establishing procedures for administrative hearings and the 
     appropriate review of penalties issued under this subsection, 
     including establishing deadlines.
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