I 
115TH CONGRESS 
1ST SESSION H. R. 4629 
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 
DECEMBER 12, 2017 
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 regula-
tions to require enhanced security measures for ship-
ments of security sensitive material, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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 2017’’. 
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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 Transpor-
tation 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 ter-
rorism. 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 ve-
hicle, rail car, or freight container. 
(3) More than one liter per package of a mate-
rial 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 
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section 173.116(a) or section 173.133(a) of title 49, 
Code of Federal Regulations. 
(4) A shipment of a quantity of hazardous ma-
terials 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 re-
quires placarding under the provisions of subpart F 
of part 172 of title 49, Code of Federal Regulations. 
(c) COMPILATION OF ROUTE AND STORAGE PAT-
TERN INFORMATION FOR RAILROAD CARRIERS TRANS-
PORTING 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 pat-
tern, a line segment or series of line segments as aggre-
gated by the railroad carrier. Within a railroad carrier se-
lected route, the commodity data shall identify the geo-
graphic location of the route and storage pattern and the 
total number of shipments by United Nations identifica-
tion number for security sensitive material and storage 
patterns along the route. 
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(d) RAIL TRANSPORTATION ROUTE AND STORAGE 
PATTERN ANALYSIS FOR SECURITY SENSITIVE MATE-
RIAL.—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 se-
curity sensitive material shall submit to the Sec-
retary of Transportation a report containing— 
(A) a description of any practical alter-
native routes and storage patterns that avoid 
areas of concern for each of the transportation 
routes or facilities such carrier used to trans-
port or store security sensitive material through 
or near areas of concern during such calendar 
year; 
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(B) a security risk assessment of each al-
ternative route and storage pattern that in-
cludes the information required under sub-
section (d); and 
(C) a comparison of the risks identified 
under subparagraph (B) to the applicable pri-
mary rail transportation route and storage pat-
tern 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 para-
graph (1)(A). 
(3) IMPRACTICAL
ALTERNATIVE
ROUTE
OR 
STORAGE
FACILITY.—A railroad carrier may con-
sider an alternate route or storage facility that 
avoids an area of concern to not be a practical alter-
native route and storage pattern under paragraph 
(1)(A) if— 
(A) the shipment originates in or is des-
tined for the area of concern; or 
(B) there would be no harm beyond the 
property of the railroad carrier transporting the 
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shipment or storage facility storing the ship-
ment in the event of a successful terrorist at-
tack 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 sub-
section (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 ma-
terials determined to be security sensitive under sub-
section (b) that were implemented during the 5-year pe-
riod. 
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
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(1) AREA OF CONCERN.—The term ‘‘area of 
concern’’ means a geographic region designated by 
the Secretary of Transportation as commanding spe-
cial 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 deter-
mined by the Secretary of Transportation to be se-
curity sensitive pursuant to subsection (b). 
(4) STORAGE
PATTERN.—The term ‘‘storage 
pattern’’ means the conditions of storage, includ-
ing— 
(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; 
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(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). 
Æ 
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