I 
109TH CONGRESS 
1ST SESSION H. R. 3510
To require the Secretary of Homeland Security to develop regulations regard-
ing the transportation of extremely hazardous materials, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005
Mr. OBEY introduced the following bill; which was referred to the Committee 
on Homeland Security, and in addition to the Committee on Transpor-
tation and Infrastructure, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To require the Secretary of Homeland Security to develop 
regulations regarding the transportation of extremely 
hazardous materials, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 find-
ings:
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(1) Congress has specifically given the Depart-
ment of Homeland Security, working in conjunction 
with the Department of Transportation and other 
Federal agencies, the primary authority for the secu-
rity of the United States transportation sector, in-
cluding passenger and freight rail. 
(2) This authority includes the responsibility to 
protect American citizens from terrorist incidents re-
lated to the transport by rail of extremely hazardous 
materials. 
(3) Federal agencies have determined that haz-
ardous 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 ma-
terials are often routed through highly attractive 
targets and densely populated areas, including with-
in a few miles of the White House and United 
States Capitol.
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(6) According to security experts, certain ex-
tremely 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 re-
lease of an extremely hazardous material, creating a 
toxic cloud 40 miles long and 10 miles wide. 
(8) The Environmental Protection Agency esti-
mates that in an urban area a toxic cloud could ex-
tend for 14 miles. 
(9) The United States Naval Research Labora-
tories concluded that a toxic plume of this type, cre-
ated 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 ship-
ments of extremely hazardous materials are particu-
larly vulnerable and dangerous, however the Federal 
Government has made no material reduction in the 
inherent vulnerability of hazardous chemical targets 
inside the United States.
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(11) While the safety record related to rail 
shipments of hazardous materials is very good, re-
cent accidental releases of extremely hazardous ma-
terials in rural South Carolina and San Antonio, 
Texas, demonstrate the fatal danger posed by ex-
tremely hazardous materials. 
(12) Security experts have determined that re-
routing these rail shipments is the only way to im-
mediately eliminate this danger in high threat areas, 
which currently puts hundreds of thousands of peo-
ple at risk. 
(13) Security experts have determined that the 
primary benefit of re-routing the shipment of ex-
tremely hazardous materials is a reduction in the 
number of people that would be exposed to the dead-
ly impact of the release due to an attack, and the 
principal cost would be the additional operating ex-
pense associated with a possible increase in haul for 
the shipment of extremely hazardous materials. 
(14) Less than 5 percent of all hazardous mate-
rials shipped by rail will meet the definition of ex-
tremely hazardous materials under this Act. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply:
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(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 in-
juries, 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 Sec-
retary 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 ex-
tremely hazardous materials, including—
(i) large population centers; 
(ii) areas important to national secu-
rity;
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(iii) areas that terrorists may be par-
ticularly 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, pro-
cedures for petitions under clause (i), in-
cluding—
(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.
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(iii) NOTICE.—The Secretary’s deci-
sion 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 Sec-
retary’s designee. 
(4) STORAGE.—The term ‘‘storage’’ means any 
temporary or long-term storage of extremely haz-
ardous materials in rail tankers or any other me-
dium utilized to transport extremely hazardous ma-
terials 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 trans-
ported 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
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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 com-
ment, regulations concerning the rail shipment and stor-
age of extremely hazardous materials by owners and oper-
ators of railroads. In developing such regulations, the Sec-
retary 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 ma-
terials 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 mate-
rials; 
(4) establish protocols for owners and operators 
of railroads that ship extremely hazardous materials
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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 Plan-
ning 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 ex-
tremely 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.—
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(1) IN
GENERAL.—The criteria under sub-
section (c)(2) for determining whether an area quali-
fies as a high threat corridor may be the same cri-
teria 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 the review necessary 
to determine which materials should be designated ex-
tremely hazardous materials under subsection (c)(3) with-
in 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, Divi-
sion 2.1, under section 173.2 of title 49, Code of
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Federal Regulations, in a quantity greater than 
10,000 liters; 
(3) poisonous gasses classified as Class 2, Divi-
sion 2.3, under section 173.2 of title 49, Code of 
Federal Regulations, that are also assigned to Haz-
ard 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, clas-
sified 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 sub-
section (c)(4) shall establish the required frequency 
of reporting by an owner and operator of a railroad 
to the Governors, Mayors, and other designated offi-
cials and local emergency responders in a high 
threat corridor.
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(2) REPORTS
TO
SECRETARY.—The protocols 
under subsection (c)(4) shall require owners and op-
erators of railroads 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 Com-
mittees under subsection (c)(5). 
(B) UPDATES.—If there has been any sig-
nificant change in the type, quantity, or fre-
quency of rail shipments in a geographic area, 
the Secretary shall make a quarterly update re-
port to local governmental officials and Local 
Emergency Planning Committees in that geo-
graphic area.
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(2) CONTENTS.—Each report made under sub-
section (c)(5) shall incorporate information from the 
reports under subsection (c)(4) and shall include—
(A) a good-faith estimate of the total num-
ber 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 prop-
erty of the owner or operator of the railroad, a 
risk management plan that provides—
(i) a hazard assessment of the poten-
tial effects of a release of the extremely 
hazardous materials, including—
(I) an estimate of the potential 
release quantities; and 
(II) a determination of the down-
wind 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
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(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 ex-
tremely hazardous material, including pro-
cedures for informing the public and Fed-
eral, State, and local agencies responsible 
for responding to the release of an ex-
tremely hazardous material. 
(h) TRANSPORTATION AND STORAGE OF EXTREMELY 
HAZARDOUS MATERIALS THROUGH HIGH THREAT COR-
RIDORS.—
(1) IN GENERAL.—The standards for the Sec-
retary 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 des-
tined 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
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operator of the railroad in the event of a suc-
cessful 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, in-
cluding under a leased track or rail siding 
agreement; and 
(B) the Secretary shall notify Federal, 
State, and local law enforcement and first re-
sponder agencies (including, if applicable, tran-
sit, 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 opera-
tors of railroads to conduct training regarding safety
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procedures for handling and responding to emer-
gencies involving extremely hazardous materials. 
(2) USE OF FUNDS.—Grants under this sub-
section may be used to provide training and pur-
chase safety equipment for individuals who—
(A) transport, load, unload, or are other-
wise involved in the shipment of extremely haz-
ardous materials; 
(B) would respond to an accident or inci-
dent involving a shipment of extremely haz-
ardous 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.—
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(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 organiza-
tions with experience in conducting training re-
garding the transportation of hazardous mate-
rials on railways for the purpose of training 
railway workers who are likely to discover, wit-
ness, or otherwise identify a release of ex-
tremely 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 Di-
rector of the National Institute of Environ-
mental Health Sciences under subsection (g). In 
administering the program under this para-
graph, the Director of the National Institute of 
Environmental Health Sciences shall consult 
closely with the Secretary of Transportation 
and the Secretary of Homeland Security.’’.
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(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 at-
tack 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 ship-
ment of extremely hazardous materials and 
other required activities in the event of such an 
attack.
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(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 mate-
rials and report this information to the Depart-
ment 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 convey-
ances. 
(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 sub-
section, 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 meas-