Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself as much time as necessary to make this presentation. I rise today to offer an amendment to H.R. 1401, the Rail and Public Transportation Security Act. My amendment would call…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself as much time as necessary to make this presentation.
I rise today to offer an amendment to H.R. 1401, the Rail and Public Transportation Security Act. My amendment would call for the Department of Transportation to coordinate with related agencies as well as State and local governments to seek efforts that will minimize the transport of toxic inhalation hazardous materials.
Never has the danger of transporting hazardous materials been more clear than in this post-9/11 age. While rail is clearly the safest means of transport for such materials, we must work to ensure this transit is as secure, efficient and is as considerate towards the safety of our communities as possible. The U.S. Naval Research Lab has said an attack on such a rail car could kill 100,000 people.
Additionally, in 2005 testimony before the Senate Committee on Homeland Security and Government Affairs, the administration's deputy homeland security adviser at the time, Richard A. Falkenrath, told Congress in 2005 that ``toxic-by-inhalation industrial chemicals present a mass-casualty terrorist potential rivaled only by improvised nuclear devices, certain acts of bioterrorism, and the collapse of large, occupied buildings.'' Railroads carry 105,000 carloads of toxic chemicals a year and 1.6 million carloads of other hazardous materials such as explosives and radioactive items.
In mid-January of this year, several train cars carrying flammable liquid derailed and exploded south of Louisville, Kentucky, shutting down a nearby highway and forcing evacuations of nearby homes, businesses and a school, according to local authorities. Two years earlier, a train crash in South Carolina caused a release of chlorine gas resulting in deaths, injuries, and forcing the evacuation of people from the surrounding areas. Most recently, there was a Union Pacific derailment of 28 cars in Henderson County, Texas.
In the wake of these recent derailments, State and local officials nationwide have begun examining their regulatory authority over the transportation of hazardous materials by rail. Several localities nationwide have either introduced or enacted absolute bans on the transportation of certain toxic substances from trains that travel through their areas.
This action has prompted litigation from the rail industry due to alleged violations of the U.S. Constitution's commerce clause and Federal statutes concerning the transportation of hazardous materials. Rail companies fear such laws would force them to extend the travel of hazardous cargo by hundreds of miles around cities with the unintended effect of transferring the risk to other localities. This consensus amendment addresses the concerns of both rail companies and community advocates by seeking to cut the transport of these hazardous materials all together.
In a June 2006 statement before the House Transportation and Infrastructure Committee, the president and CEO of the Association of American Railroads made several recommendations intended to reduce the risks associated with the manufacture and transport of highly hazardous materials. Among these recommendations was ``examining whether and how railroads can utilize coordinated routing arrangements to safely reduce hazmat transportation'' as well as ``examining whether hazmat consumers can source hazmat from closer suppliers.''
My amendment would simply call upon the Department of Transportation to follow this recommendation by coordinating with localities to allow consumers to obtain TIH materials with the intended consequence of minimizing the time and frequency such materials are routed through our communities.
Last July, the Memphis Commercial Appeal identified train cars carrying chlorine, 2-Dimethylaminoethyl acrylate, acetone cyanohydrin, nickel carbonyl, and several other toxic inhalation hazard cargoes over a 2-day period in or near residential areas of Memphis. Not only hard to pronounce but very difficult to inhale I am sure of the things we would rather not inhale or pronounce. All of these chemicals are listed as potentially lethal if inhaled.
City council members and other community leaders in Memphis are calling on the Federal Government for assistance in deterring the transport of these materials through their residential areas.
Mr. Chairman, I am proud to support this amendment and support this legislation and current efforts under way to improve the safety of our rail system. To further ensure the safety of our railways, as well as the local communities they serve, I call upon my colleagues to pass this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, will the gentleman yield?
Thank you. It is my understanding that the Markey amendment dealt with a study. This does not deal with a study.
Mr. Chairman, I demand a recorded vote.