6 U.S.C. § 1202 — Railroad security-sensitive material track-

Page 487 TITLE 6—DOMESTIC SECURITY § 1202 route for such a shipment analyzed under subsection (c); and (B) perform a safety and security risk as- sessment of the alternative route for com- parison 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 subparagraph (A) to the primary rail- road transportation route, including the risk of a catastrophic release from a shipment traveling along the alternate route com- pared to the primary route; (C) any remediation or mitigation meas- ures implemented on the primary or alter- native route; and (D) potential economic effects of using an alternative route; and (3) consider when determining the prac- ticable alternative routes under paragraph (1)(A) the use of interchange agreements with other railroad carriers. (e) Alternative route selection for security-sen- sitive materials The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive 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. (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 sec- tion. The railroad carrier must retain in writing all route review and selection decision docu- mentation and restrict the distribution, disclo- sure, and availability of information contained in the route analysis to appropriate persons. This documentation should include, but is not limited to, comparative analyses, charts, graph- ics, or railroad system maps. (g) Retrospective analysis The Secretary of Transportation shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, not less than once every 3 years, analyze the route selection determinations re- quired under this section. Such an analysis shall include a comprehensive, systemwide review of all operational changes, infrastructure modifica- tions, traffic adjustments, changes in the nature of high-consequence targets located along or in proximity to the route, or other changes affect- ing the safety and security of the movements of security-sensitive materials that were imple- mented since the previous analysis was com- pleted. (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 appro- priate, regarding security risks to high-con- sequence targets along or in proximity to a route used by a railroad carrier to transport se- curity-sensitive materials. (i) Definitions In this section: (1) The term ‘‘route’’ includes storage facili- ties 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 Sec- retary that is a viable terrorist target of na- tional significance, which may include a facil- ity or specific critical infrastructure, the at- tack of which by railroad could result in— (A) catastrophic loss of life; (B) significant damage to national secu- rity or defense capabilities; or (C) national economic harm. (Pub. L. 110–53, title XV, § 1551, Aug. 3, 2007, 121 Stat. 469.) § 1202. Railroad security-sensitive material track- ing (a) Communications (1) In general In conjunction with the research and devel- opment program established under section 1168 of this title and consistent with the results of research relating to wireless and other track- ing technologies, the Secretary, in consulta- tion with the Administrator of the Transpor- tation Security Administration, shall develop a program that will encourage the equipping of railroad cars transporting security-sen- sitive materials, as defined in section 1151 of this title, with technology that provides— (A) car position location and tracking ca- pabilities; and (B) notification of railroad car depressuri- zation, breach, unsafe temperature, or re- lease of hazardous materials, as appropriate. (2) Coordination In developing the program required by para- graph (1), the Secretary shall— (A) consult with the Secretary of Trans- portation 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 recommendations and findings of the Department of Homeland Security’s haz- ardous material railroad tank car tracking pilot programs. (b) Funding From the amounts appropriated pursuant to 114(w) of title 49, 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. (Pub. L. 110–53, title XV, § 1552, Aug. 3, 2007, 121 Stat. 471.) Page 488 TITLE 6—DOMESTIC SECURITY § 1203 § 1203. Hazardous materials highway routing (a) Route plan guidance Not later than 1 year after August 3, 2007, the Secretary of Transportation, in consultation with the Secretary, shall— (1) document existing and proposed routes for the transportation of radioactive and non- radioactive hazardous materials by motor car- rier, and develop a framework for using a geo- graphic information system-based approach to characterize routes in the national hazardous materials route registry; (2) assess and characterize existing and pro- posed routes for the transportation of radio- active and nonradioactive hazardous 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 regulations in the United States, Canada, and Mexico to identify cross-border differences and conflicting regulations; (4) document the safety and security con- cerns of the public, motor carriers, and State, local, territorial, and tribal governments about the highway routing of hazardous mate- rials; (5) prepare guidance materials for State offi- cials to assist them in identifying and reduc- ing both safety concerns and security risks when designating highway routes for haz- ardous materials consistent with the 13 safety- based nonradioactive materials routing cri- teria and radioactive materials routing cri- teria in subpart C part 397 of title 49, Code of Federal Regulations; (6) develop a tool that will enable State offi- cials to examine potential routes for the high- way transportation of hazardous materials, as- sess 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 rec- ommended changes to the routing require- ments for the highway transportation of haz- ardous materials in part 397 of title 49, Code of Federal Regulations. (b) Route plans (1) Assessment Not later than 1 year after August 3, 2007, the Secretary of Transportation shall com- plete an assessment of the safety and national security benefits achieved under existing re- quirements for route plans, in written or elec- tronic format, for explosives and radioactive materials. The assessment shall, at a min- imum— (A) compare the percentage of Department of Transportation recordable incidents and the severity of such incidents for shipments of explosives and radioactive materials 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 materials not subject to such route plans; and (B) quantify the security and safety bene- fits, feasibility, and costs of requiring each motor carrier that is required to have a haz- ardous 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 requirements of section 397.101 of that title when transporting the type and quantity of hazardous materials de- scribed in section 385.403, taking into ac- count the various segments of the motor carrier industry, including tank truck, truckload and less than truckload carriers. (2) Report Not later than 1 year after August 3, 2007, the Secretary of Transportation shall submit a report to the appropriate congressional com- mittees containing the findings and conclu- sions 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 Regu- lations, 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 haz- ardous materials described in section 385.403 if the Secretary determines, under the assessment required in subsection (b), that such a require- ment would enhance security and safety without imposing unreasonable costs or burdens upon motor carriers. (Pub. L. 110–53, title XV, § 1553, Aug. 3, 2007, 121 Stat. 472.) § 1204. Motor carrier security-sensitive material tracking (a) Communications (1) In general Not later than 6 months after August 3, 2007, consistent with the findings of the Transpor- tation 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 Trans- portation, shall develop a program to facili- tate the tracking of motor carrier shipments of security-sensitive materials and to equip vehicles used in such shipments with tech- nology that provides— (A) frequent or continuous communica- tions; (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 para- graph (1), the Secretary shall— (A) consult with the Secretary of Trans- portation to coordinate the program with any ongoing or planned efforts for motor carrier or security-sensitive materials tracking at the Department of Transpor- tation; (B) take into consideration the rec- ommendations and findings of the report on