H. R. 1—205 
shall incorporate the requirements of this section and, as appro-
priate, public comments received during the comment period of 
the rulemaking. 
(b) SECURITY-SENSITIVE MATERIALS COMMODITY DATA.—The 
Secretary of Transportation shall ensure that the final rule requires 
each railroad carrier transporting security-sensitive materials in 
commerce to, no later than 90 days after the end of each calendar 
year, compile security-sensitive materials commodity data. Such 
data must be collected by route, line segment, or series of line 
segments, as aggregated by the railroad carrier. Within the railroad 
carrier selected route, the commodity data must identify the 
geographic location of the route and the total number of shipments 
by the United Nations identification number for the security-sen-
sitive materials. 
(c) RAILROAD TRANSPORTATION ROUTE ANALYSIS FOR SECURITY- 
SENSITIVE
MATERIALS.—The Secretary of Transportation shall 
ensure that the final rule requires each railroad carrier transporting 
security-sensitive materials in commerce to, for each calendar year, 
provide a written analysis of the safety and security risks for 
the transportation routes identified in the security-sensitive mate-
rials commodity data collected as required by subsection (b). The 
safety and security risks present shall be analyzed for the route, 
railroad facilities, railroad storage facilities, and high-consequence 
targets along or in proximity to the route. 
(d) ALTERNATIVE ROUTE ANALYSIS
FOR SECURITY-SENSITIVE 
MATERIALS.—The Secretary of Transportation shall ensure that the 
final rule requires each railroad carrier transporting security-sen-
sitive materials in commerce to— 
(1) for each calendar year— 
(A) identify practicable alternative routes over which 
the railroad carrier has authority to operate as compared 
to the current route for such a shipment analyzed under 
subsection (c); and 
(B) perform a safety and security risk assessment of 
the alternative route for comparison to the route analysis 
specified in subsection (c); 
(2) ensure that the analysis under paragraph (1) includes— 
(A) identification of safety and security risks for an 
alternative route; 
(B) comparison of those risks identified under subpara-
graph (A) to the primary railroad transportation route, 
including the risk of a catastrophic release from a shipment 
traveling along the alternate route compared to the primary 
route; 
(C) any remediation or mitigation measures imple-
mented on the primary or alternative route; and 
(D) potential economic effects of using an alternative 
route; and 
(3) consider when determining the practicable alternative 
routes under paragraph (1)(A) the use of interchange agree-
ments with other railroad carriers. 
(e) ALTERNATIVE ROUTE SELECTION FOR SECURITY-SENSITIVE 
MATERIALS.—The Secretary of Transportation shall ensure that the 
final rule requires each railroad carrier transporting security-sen-
sitive materials in commerce to use the analysis required by sub-
sections (c) and (d) to select the safest and most secure route 
to be used in transporting security-sensitive materials.
H. R. 1—206 
(f) REVIEW.—The Secretary of Transportation shall ensure that 
the final rule requires each railroad carrier transporting security- 
sensitive materials in commerce to annually review and select the 
practicable route posing the least overall safety and security risk 
in accordance with this section. The railroad carrier must retain 
in writing all route review and selection decision documentation 
and restrict the distribution, disclosure, and availability of informa-
tion contained in the route analysis to appropriate persons. This 
documentation should include, but is not limited to, comparative 
analyses, charts, graphics, or railroad system maps. 
(g) RETROSPECTIVE ANALYSIS.—The Secretary of Transportation 
shall ensure that the final rule requires each railroad carrier trans-
porting security-sensitive materials in commerce to, not less than 
once every 3 years, analyze the route selection determinations 
required under this section. Such an analysis shall include a com-
prehensive, systemwide review of all operational changes, infra-
structure modifications, traffic adjustments, changes in the nature 
of high-consequence targets located along or in proximity to the 
route, or other changes affecting the safety and security of the 
movements of security-sensitive materials that were implemented 
since the previous analysis was completed. 
(h) CONSULTATION.—In carrying out subsection (c), railroad car-
riers transporting security-sensitive materials in commerce shall 
seek relevant information from State, local, and tribal officials, 
as appropriate, regarding security risks to high-consequence targets 
along or in proximity to a route used by a railroad carrier to 
transport security-sensitive materials. 
(i) DEFINITIONS.—In this section: 
(1) The term ‘‘route’’ includes storage facilities and trackage 
used by railroad cars in transportation in commerce. 
(2) The term ‘‘high-consequence target’’ means a property, 
natural resource, location, area, or other target designated by 
the Secretary that is a viable terrorist target of national signifi-
cance, which may include a facility or specific critical infrastruc-
ture, the attack of which by railroad could result in— 
(A) catastrophic loss of life; 
(B) significant damage to national security or defense 
capabilities; or 
(C) national economic harm. 
SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING. 
(a) COMMUNICATIONS.— 
(1) IN
GENERAL.—In conjunction with the research and 
development program established under section 1518 and con-
sistent with the results of research relating to wireless and 
other tracking technologies, the Secretary, in consultation with 
the Administrator of the Transportation Security Administra-
tion, shall develop a program that will encourage the equipping 
of railroad cars transporting security-sensitive materials, as 
defined in section 1501, with technology that provides— 
(A) car position location and tracking capabilities; and 
(B) notification of railroad car depressurization, breach, 
unsafe temperature, or release of hazardous materials, as 
appropriate. 
(2) COORDINATION.—In developing the program required 
by paragraph (1), the Secretary shall—
H. R. 1—207 
(A) consult with the Secretary of Transportation to 
coordinate the program with any ongoing or planned efforts 
for railroad car tracking at the Department of Transpor-
tation; and 
(B) ensure that the program is consistent with rec-
ommendations and findings of the Department of Homeland 
Security’s hazardous material railroad tank car tracking 
pilot programs. 
(b) FUNDING.—From the amounts appropriated pursuant to 
114(w) of title 49, United States Code, as amended by section 
1503 of this title, there shall be made available to the Secretary 
to carry out this section— 
(1) $3,000,000 for fiscal year 2008; 
(2) $3,000,000 for fiscal year 2009; and 
(3) $3,000,000 for fiscal year 2010. 
SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING. 
(a) ROUTE PLAN GUIDANCE.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transportation, 
in consultation with the Secretary, shall— 
(1) document existing and proposed routes for the transpor-
tation of radioactive and nonradioactive hazardous materials 
by motor carrier, and develop a framework for using a 
geographic information system-based approach to characterize 
routes in the national hazardous materials route registry; 
(2) assess and characterize existing and proposed routes 
for the transportation of radioactive and nonradioactive haz-
ardous materials by motor carrier for the purpose of identifying 
measurable criteria for selecting routes based on safety and 
security concerns; 
(3) analyze current route-related hazardous materials regu-
lations in the United States, Canada, and Mexico to identify 
cross-border differences and conflicting regulations; 
(4) document the safety and security concerns of the public, 
motor carriers, and State, local, territorial, and tribal govern-
ments about the highway routing of hazardous materials; 
(5) prepare guidance materials for State officials to assist 
them in identifying and reducing both safety concerns and 
security risks when designating highway routes for hazardous 
materials consistent with the 13 safety-based nonradioactive 
materials routing criteria and radioactive materials routing 
criteria in subpart C part 397 of title 49, Code of Federal 
Regulations; 
(6) develop a tool that will enable State officials to examine 
potential routes for the highway transportation of hazardous 
materials, assess specific security risks associated with each 
route, and explore alternative mitigation measures; and 
(7) transmit to the appropriate congressional committees 
a report on the actions taken to fulfill paragraphs (1) through 
(6) and any recommended changes to the routing requirements 
for the highway transportation of hazardous materials in part 
397 of title 49, Code of Federal Regulations. 
(b) ROUTE PLANS.— 
(1) ASSESSMENT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation shall 
complete an assessment of the safety and national security 
benefits achieved under existing requirements for route plans,
H. R. 1—208 
in written or electronic format, for explosives and radioactive 
materials. The assessment shall, at a minimum— 
(A) compare the percentage of Department of Transpor-
tation recordable incidents and the severity of such 
incidents for shipments of explosives and radioactive mate-
rials for which such route plans are required with the 
percentage of recordable incidents and the severity of such 
incidents for shipments of explosives and radioactive mate-
rials not subject to such route plans; and 
(B) quantify the security and safety benefits, feasibility, 
and costs of requiring each motor carrier that is required 
to have a hazardous material safety permit under part 
385 of title 49, Code of Federal Regulations, to maintain, 
follow, and carry such a route plan that meets the require-
ments of section 397.101 of that title when transporting 
the type and quantity of hazardous materials described 
in section 385.403, taking into account the various seg-
ments of the motor carrier industry, including tank truck, 
truckload and less than truckload carriers. 
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation shall submit 
a report to the appropriate congressional committees containing 
the findings and conclusions of the assessment. 
(c) REQUIREMENT.—The Secretary shall require motor carriers 
that have a hazardous material safety permit under part 385 of 
title 49, Code of Federal Regulations, to maintain, follow, and 
carry a route plan, in written or electronic format, that meets 
the requirements of section 397.101 of that title when transporting 
the type and quantity of hazardous materials described in section 
385.403 if the Secretary determines, under the assessment required 
in subsection (b), that such a requirement would enhance security 
and safety without imposing unreasonable costs or burdens upon 
motor carriers. 
SEC. 
1554. 
MOTOR 
CARRIER 
SECURITY-SENSITIVE 
MATERIAL 
TRACKING. 
(a) COMMUNICATIONS.— 
(1) IN GENERAL.—Not later than 6 months after the date 
of enactment of this Act, consistent with the findings of the 
Transportation Security Administration’s hazardous materials 
truck security pilot program, the Secretary, through the 
Administrator of the Transportation Security Administration 
and in consultation with the Secretary of Transportation, shall 
develop a program to facilitate the tracking of motor carrier 
shipments of security-sensitive materials and to equip vehicles 
used in such shipments with technology that provides— 
(A) frequent or continuous communications; 
(B) vehicle position location and tracking capabilities; 
and 
(C) a feature that allows a driver of such vehicles 
to broadcast an emergency distress signal. 
(2) CONSIDERATIONS.—In developing the program required 
by paragraph (1), the Secretary shall— 
(A) consult with the Secretary of Transportation to 
coordinate the program with any ongoing or planned efforts 
for motor carrier or security-sensitive materials tracking 
at the Department of Transportation;