†
310
HR 1 EAS
high hazard material, as defined in section 1411 of this
title, to develop a high hazard material security risk miti-
gation plan containing appropriate measures, including al-
ternative routing and temporary shipment suspension op-
tions, to address assessed risks to high consequence targets.
The plan, and any information submitted to the Secretary
under this section shall be protected as sensitive security
information under the regulations prescribed under section
114(s) of title 49, United States Code.
(b) IMPLEMENTATION.—A high hazard material secu-
rity risk mitigation plan shall be put into effect by a rail
carrier for the shipment of high hazardous materials by rail
on the rail carrier’s right-of-way when the threat levels of
the Homeland Security Advisory System are high or severe
or specific intelligence of probable or imminent threat exists
towards—
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way
used to transport high hazardous material; or
(2) rail infrastructure or operations within the
immediate vicinity of a high-consequence target.
(c) COMPLETION AND REVIEW OF PLANS.—
(1) 
PLANS
REQUIRED.—Each 
rail 
carrier
shall—
†
311
HR 1 EAS
(A) submit a list of routes used to transport
high hazard materials to the Secretary within 60
days after the date of enactment of this Act;
(B) develop and submit a high hazard ma-
terial security risk mitigation plan to the Sec-
retary within 180 days after it receives the no-
tice of high consequence targets on such routes by
the Secretary that includes an operational recov-
ery plan to expedite, to the maximum extent
practicable, the return of an adversely affected
rail system or facility to its normal performance
level following a major terrorist attack or other
security incident; and
(C) submit any subsequent revisions to the
plan to the Secretary within 30 days after mak-
ing the revisions.
(2) REVIEW AND UPDATES.—The Secretary, with
assistance of the Secretary of Transportation, shall
review the plans and transmit comments to the rail-
road carrier concerning any revisions the Secretary
considers necessary. A railroad carrier shall respond
to the Secretary’s comments within 30 days after re-
ceiving them. Each rail carrier shall update and re-
submit its plan for review not less than every 2 years.
(d) DEFINITIONS.—In this section:
†
312
HR 1 EAS
(1) The term ‘‘high-consequence target’’ means
property, infrastructure, public space, or natural re-
source designated by the Secretary that is a viable
terrorist target of national significance, the attack of
which could result in—
(A) catastrophic loss of life;
(B) significant damage to national security
or defense capabilities; or
(C) national economic harm.
(2) The term ‘‘catastrophic impact zone’’ means
the area immediately adjacent to, under, or above an
active railroad right-of-way used to ship high hazard
materials in which the potential release or explosion
of the high hazard material being transported would
likely cause—
(A) loss of life; or
(B) significant damage to property or
structures.
(3) The term ‘‘rail carrier’’ has the meaning
given that term by section 10102(5) of title 49,
United States Code.
SEC. 1432. ENFORCEMENT AUTHORITY.
(a) IN GENERAL.—Section 114 of title 49, United
States Code, as amended by section 902(a) of this title, is
further amended by adding at the end the following:
†
313
HR 1 EAS
‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS
OF
THE SECRETARY
OF HOMELAND SECURITY ISSUED
UNDER THIS TITLE.—
‘‘(1) APPLICATION OF SUBSECTION.—
‘‘(A) IN GENERAL.—This subsection applies
to the enforcement of regulations prescribed, and
orders issued, by the Secretary of Homeland Se-
curity under a provision of this title other than
a provision of chapter 449.
‘‘(B) VIOLATIONS
OF
CHAPTER
449.—The
penalties for violations of regulations prescribed,
and orders issued, by the Secretary of Homeland
Security under chapter 449 of this title are pro-
vided under chapter 463 of this title.
‘‘(C) NONAPPLICATION TO CERTAIN VIOLA-
TIONS.—
‘‘(i) Paragraphs (2) through (5) of this
subsection do not apply to violations of reg-
ulations prescribed, and orders issued, by
the Secretary of Homeland Security under
a provision of this title—
‘‘(I) involving the transportation
of personnel or shipments of materials
by contractors where the Department of
†
314
HR 1 EAS
Defense has assumed control and re-
sponsibility;
‘‘(II) by a member of the armed
forces of the United States when per-
forming official duties; or
‘‘(III) by a civilian employee of
the Department of Defense when per-
forming official duties.
‘‘(ii) Violations described in subclause
(I), (II), or (III) of clause (i) shall be sub-
ject to penalties as determined by the Sec-
retary of Defense or the Secretary’s des-
ignee.
‘‘(2) CIVIL PENALTY.—
‘‘(A) IN GENERAL.—A person is liable to the
United States Government for a civil penalty of
not more than $10,000 for a violation of a regu-
lation prescribed, or order issued, by the Sec-
retary of Homeland Security under this title.
‘‘(B) REPEAT VIOLATIONS.—A separate vio-
lation occurs under this paragraph for each day
the violation continues.
‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PEN-
ALTIES.—