I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Save Our Communities 

5 from Risky Trains Act of 2016’’. 


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1 SEC. 2. ENHANCED SECURITY MEASURES FOR SHIPMENTS 

2 OF SECURITY SENSITIVE MATERIAL. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of this Act, the Secretary of Transpor5 tation shall issue regulations to require enhanced security 

6 measures for shipments of security sensitive material. 

7 (b) SECURITY SENSITIVE MATERIAL.—The Secretary 

8 shall designate a material, or a group or class of material, 

9 in a particular amount and form as security sensitive if 

10 the Secretary determines that transporting the material 

11 in commerce poses a significant risk to national security 

12 due to the potential use of the material in an act of ter13 rorism. In making such a designation, the Secretary shall 

14 consider the following: 

15 (1) A highway route-controlled quantity of a 

16 Class 7 (radioactive) material, as defined in section 

17 173.403 of title 49, Code of Federal Regulations, in 

18 a motor vehicle, railroad car, or freight container. 

19 (2) More than 25 kilograms of a division 1.1, 

20 1.2, or 1.3 explosive, as defined in section 173.50 of 

21 title 49, Code of Federal Regulations, in a motor ve22 hicle, rail car, or freight container. 

23 (3) More than one liter per package of a mate24 rial poisonous by inhalation, as defined in section 

25 171.8 of title 49, Code of Federal Regulations, that 

26 meets the criteria for hazard zone A, as specified in 


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1 section 173.116(a) or section 173.133(a) of title 49, 

2 Code of Federal Regulations. 

3 (4) A shipment of a quantity of hazardous ma4 terials in a bulk packaging having a capacity equal 

5 to or greater than 13,248 liters for liquids or gases 

6 or more than 13.24 cubic meters for solids. 

7 (5) A select agent or toxin regulated by the 

8 Centers for Disease Control and Prevention under 

9 part 73 of title 42, Code of Federal Regulations. 

10 (6) A quantity of hazardous material that re11 quires placarding under the provisions of subpart F 

12 of part 172 of title 49, Code of Federal Regulations. 

13 (c) COMPILATION OF ROUTE AND STORAGE PAT14 TERN INFORMATION FOR RAILROAD CARRIERS TRANS15 PORTING SECURITY SENSITIVE MATERIAL.—Not later 

16 than 90 days after the last day of each calendar year, a 

17 railroad carrier that transports security sensitive material 

18 shall compile commodity data by route and storage pat19 tern, a line segment or series of line segments as aggre20 gated by the railroad carrier. Within a railroad carrier se21 lected route, the commodity data shall identify the geo22 graphic location of the route and storage pattern and the 

23 total number of shipments by United Nations identifica24 tion number for security sensitive material and storage 

25 patterns along the route. 


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1 (d) RAIL TRANSPORTATION ROUTE AND STORAGE

2 PATTERN ANALYSIS FOR SECURITY SENSITIVE MATE3 RIAL.—For each calendar year, a railroad carrier that 

4 transports security sensitive material shall submit to the 

5 Secretary a written analysis of the security risks for the 

6 transportation routes and storage patterns identified in 

7 the commodity data collected as required by subsection 

8 (c). The analysis shall include the security risks present 

9 for the route, railroad facilities, railroad storage facilities, 

10 private storage facilities, and areas of concern along or 

11 in proximity to the route. 

12 (e) ALTERNATIVE ROUTE AND STORAGE PATTERN

13 ANALYSIS FOR SECURITY SENSITIVE MATERIAL.— 

14 (1) IN GENERAL.—Before the last day of each 

15 calendar year, a railroad carrier that transports se16 curity sensitive material shall submit to the Sec17 retary of Transportation a report containing— 

18 (A) a description of any practical alter19 native routes and storage patterns that avoid 

20 areas of concern for each of the transportation 

21 routes or facilities such carrier used to trans22 port or store security sensitive material through 

23 or near areas of concern during such calendar 

24 year; 


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1 (B) a security risk assessment of each al2 ternative route and storage pattern that in3 cludes the information required under sub4 section (d); and 

5 (C) a comparison of the risks identified 

6 under subparagraph (B) to the applicable pri7 mary rail transportation route and storage pat8 tern analyzed under subsection (d). 

9 (2) CONSIDERATIONS.—A railroad carrier shall 

10 consider the availability of interchange agreements 

11 or systems of tracks and facilities owned by other 

12 operators when determining whether an alternate 

13 route for transporting security sensitive material to 

14 avoid areas of concern is practical pursuant to para15 graph (1)(A). 

16 (3) IMPRACTICAL ALTERNATIVE ROUTE OR

17 STORAGE FACILITY.—A railroad carrier may con18 sider an alternate route or storage facility that 

19 avoids an area of concern to not be a practical alter20 native route and storage pattern under paragraph 

21 (1)(A) if— 

22 (A) the shipment originates in or is des23 tined for the area of concern; or 

24 (B) there would be no harm beyond the 

25 property of the railroad carrier transporting the 


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1 shipment or storage facility storing the ship2 ment in the event of a successful terrorist at3 tack on the shipment. 

4 (f) ALTERNATIVE ROUTE AND STORAGE PATTERN

5 SELECTION FOR SECURITY SENSITIVE MATERIAL.—Not 

6 later than 90 days after submission of a report under sub7 section (e), the railroad carrier shall begin using the route 

8 and storage pattern that, as determined by the analyses 

9 required under subsections (d) and (e), best reduces the 

10 risk, including consequences, of a terrorist attack on, or 

11 derailment of, a shipment of security sensitive material 

12 that is transported through or near an area of concern. 

13 (g) REVIEW.—Not less than once every 5 years, each 

14 railroad carrier that transports security sensitive material 

15 shall conduct a comprehensive, system-wide review of all 

16 operational changes, infrastructure modifications, traffic 

17 adjustments, changes in the nature of the areas of concern 

18 located along or in proximity to the route, or other 

19 changes affecting the security of the movements of the ma20 terials determined to be security sensitive under sub21 section (b) that were implemented during the 5-year pe22 riod. 

23 (h) DEFINITIONS.—In this section, the following defi24 nitions apply: 


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1 (1) AREA OF CONCERN.—The term ‘‘area of 

2 concern’’ means a geographic region designated by 

3 the Secretary of Transportation as commanding spe4 cial consideration with respect to the security of the 

5 transportation of security sensitive material, which 

6 shall include high threat urban areas as determined 

7 by the Secretary. 

8 (2) RAILROAD CARRIER.—The term ‘‘railroad 

9 carrier’’ has the meaning given that term in section 

10 20102 of title 49, United States Code. 

11 (3) SECURITY SENSITIVE MATERIAL.—The term 

12 ‘‘security sensitive material’’ means a material deter13 mined by the Secretary of Transportation to be se14 curity sensitive pursuant to subsection (b). 

15 (4) STORAGE PATTERN.—The term ‘‘storage 

16 pattern’’ means the conditions of storage, includ17 ing— 

18 (A) location of cars in railroad yards or on 

19 railroad-controlled leased tracks; 

20 (B) type of storage, such as bulk transfer; 

21 (C) typical types and numbers of security 

22 sensitive material cars stored in close proximity 

23 (in ranges); 

24 (D) population density; 


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1 (E) average length of time cars are stored, 

2 attended or unattended; and 

3 (F) security measures present, including 

4 physical security measures, secure handoffs and 

5 nearest available safe havens for storage in case 

6 of heightened threat conditions. 

7 (5) TERRORISM.—The term ‘‘terrorism’’ has 

8 the meaning given that term in section 2 of the 

9 Homeland Security Act of 2002 (6 U.S.C. 101). 

Æ 


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