To prevent the Terrorism Prevention in Hazardous Materials Transportation Emergency Act of 2005 and the Terrorism Prevention in Hazardous Materials Transportation Temporary Act of 2005, as passed by the Council of the District of Columbia, from taking effect.

Mr. Speaker, I rise today to express my support for H.R. 2057, which disapproves of DC. Act 16-47 (the Terrorism Prevention in Hazardous Materials Transportation Temporary Act of 2005), which calls for the rerouting of hazardous materials around Washington, DC.

While re-routing hazardous materials from the Capitol area of Washington, DC sounds well-intentioned, it only shifts the risk of that transportation to other neighborhoods and other modes of transportation. The additional switching of these cars will add to the congestion in the yards, and back up traffic on CSXT main lines, potentially affecting their entire network, including Amtrak, VRE, and MARC. It also means that chemical containers could be sitting for hours, if not days, in rail yards waiting to be moved.

Longer transit times and distances, increased car handlings and dwell times are factors that tend to increase the inherent risk of transporting hazardous materials. This would also add significant cost to the shippers, and potentially disrupt the flow of commerce for those customers like water treatment plants, pharmaceutical companies, gas stations, etc.

The Federal Government has always had the ultimate authority over interstate commerce. The transportation of hazardous materials is governed by Federal regulations as proscribed under the Hazardous Materials Transportation Act, which gives the authority to DOT. And it is important to note that the railroads are governed by the common carrier duty, which means we must carry what is legally tendered to them by law.

Finally, the Department of Justice, the National Industrial Transportation League, the American Trucking Associations, the United Transportation Union, Norfolk Southern and others have either weighed in with an amicus brief in Federal Court, a letter to the STB, or a letter to the House Government Reform and Senate Homeland Security Committees.

I call upon government at all levels to develop meaningful standards that improve safety and security for all modes. Rerouting freight from one backyard to another does not constitute meaningful standards to improve safety and security for any mode, and I encourage this Congress to promptly disapprove DC's ordinance.