House Committee Approves Markey Amendment to Re-Route Security-Sensitive materials Around High Population and Urban Centers

Press Release

HOUSE COMMITTEE APPROVES MARKEY AMENDMENT TO RE-ROUTE SECURITY-SENSITIVE MATERIALS AROUND HIGH POPULATION AND URBAN CENTERS

Rep. Edward J. Markey (D-MA), a senior member of the Homeland Security Committee, along with Congresswoman Eleanor Holmes-Norton (D-DC), today introduced an amendment to H.R. 1401, the Rail and Public Transportation Security Act of 2007, requiring rail carriers to re-route security sensitive materials around High Threat Urban Areas and other areas of concern whenever a more secure route exists. While the Markey amendment would only apply to materials posing the greatest threat (such as chlorine or propane), the legislation addresses the largely overlooked security related to the transportation of security sensitive materials on the railways of our country, in a post-9/11 era. For the past two Congresses, Rep. Markey has introduced legislation to require such re-routing measures to be taken.

Rep. Markey said, "We already know that these sensitive chemicals are attractive terrorist targets. Just a few weeks ago, several deadly attacks in Iraq involved improvised explosive devices that included canisters of deadly chlorine gas. And just yesterday, an explosion of a tanker containing propane caused evacuations in Batavia NY. The terrorist risk here is not a theoretical one. Every day tank cars pass through our urban centers carrying enough chlorine to kill 100,000 people in half an hour. I am pleased that the Committee agreed to include my language in the rail security markup today."

Building on proposals issued by the Department of Transportation and the TSA, the Markey Amendment would:
- Require rail carriers to analyze the routes and storage facilities for security sensitive materials as part of the security plans that they must submit for approval to the Department of Homeland Security.
- Require rail carriers to analyze the security risks of alternative routes and storage facilities.
- Require rail carriers to select the route and storage facilities that best reduce the risk and consequences of a terrorist attack on a shipment of these materials as they travel through or near high threat urban areas and other areas that DHS thinks need special security measures.

"Last Sunday, March 11th, marked the third anniversary of the deadly train bombing in Madrid, which killed 191 people. Whether it's an accident or an al Qaeda attack, we need to make the shipments of deadly chemicals more secure," Rep. Markey concluded.

Congressman Markey's prepared remarks follow below:

Mr. Chairman, I have an amendment at the desk, that I am offering along with Congresswoman Holmes-Norton. It is Markey 028.

First of all, I'd like to thank my colleagues on both sides of the aisle for working with me to craft what I hope will be a bipartisan approach to this problem.

The September 11th terrorist attacks led to significant changes in the level of attention paid to safety and to anti-terrorist measures in this country.

Nevertheless, one area that has been largely overlooked is the transport of extremely hazardous materials on the roads and railways of our country.

Every day tank cars pass through our urban centers carrying enough chlorine to kill 100,000 people in half an hour. Although some of these shipments must travel the routes they are currently using, others could easily be safely re-routed to avoid population centers and other sensitive areas.

Tanker cars carrying these deadly chemicals also have traveled close to the Capitol and this very room - even though none of the shipments are destined for the District of Columbia - they're "just passing through."

We already know that these chemicals are attractive terrorist targets. Just a few weeks ago, several deadly attacks in Iraq involved improvised explosive devices that INCLUDED CANISTERS OF DEADLY CHLORINE GAS. The terrorist risk is not a theoretical one.

The risk is not just an overseas risk either. Several years ago, an Ohio-based Al Qaeda operative was arrested and pled guilty for plotting to collapse a bridge in New York City or derail a train in DC. And just yesterday, a CSX train carrying liquefied propane derailed near Oneida, New York, setting off an explosion and fire that forced the evacuation of nearby residents. Luckily, the accident occurred in a relatively unpopulated area.

Moreover, journalist Carl Prine at the Pittsburgh Tribune recently walked right into rail yards with tanker cars containing some of the deadliest chemicals on Earth. His expose is a scathing indictment of the state of rail Insecurity in our country.

And last Sunday, March 11th, marked the third anniversary of the deadly train bombing in Madrid, which killed 191 people.

Whether it's an accident or an al Qaeda attack, we need to make the shipments of deadly chemicals more secure.

My amendment builds upon the recent Notices of Proposed Rulemaking issued by the Department of Transportation and the TSA:

It requires rail carriers to analyze the routes and storage facilities for security sensitive materials as part of the security plans that they must submit for approval to the Department of Homeland Security.

It requires the rail carriers to then analyze the security risks of alternative routes and storage facilities.

And finally, it requires the rail carriers to select the route and storage facilities that best reduce the risk and consequences of a terrorist attack on a shipment of these materials as they travel through or near high threat urban areas and other areas that DHS thinks need special security measures.

My amendment doesn't apply to ALL hazardous materials - just the ones that pose the greatest threat, such as chlorine or propane. Most assessments put this at less than 1% of all shipments.

My amendment also doesn't require re-routing to occur if there is no practical alternative route. Rail carriers will only be required to re-route when a MORE SECURE route is available.

I urge my colleagues to join me in seeking to upgrade our defenses in this area so that none of our constituents are ever exposed to a catastrophic chemical release simply because we failed to take these simple steps.

I thank my colleagues once again for their help in crafting this common-sense approach.

For more information on Congressman Markey's rail and transportation security efforts, please see http://markey.house.gov

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