Details on Senate Passed Bill to Implement the Recommendations of the 9/11 Commission (Part II - Hazmats, Truck Security)
On March 13, 2007, the Senate amended and passed S. 4, the "Improving America's Security by Implementing Unfinished Recommendations of the 9/11 Commission Act of 2007" by a vote of 60-38.
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(Although the Senate has passed S. 4, it is not in effect. Generally, in order for a bill to be implemented, identical versions of that bill must be passed by both the House and Senate and then the bill must be approved (enacted) by the President. On January 9, 2007 the House passed its own version of a bill to implement the recommendations of the 9/11 Commission (H.R. 1), which is different from the Senate-passed bill.)
This is Part II of a multipart series of summaries, and highlights provisions for improving highway transportation security, hazardous material routing and tracking, hazardous material security inspections, and truck security.
Tracking of Motor Carrier Shipments of High Hazard Material
According to S. 4, the Secretary of Homeland Security (Secretary) should develop within 6 months after enactment, a program to facilitate the tracking of motor carrier shipments of high hazard material by equipping such vehicles with technology that provides among other features, frequent communication, position location, and the ability to broadcast an emergency message. Not later than 1 year after the date of the enactment of S. 4, the Secretary should promulgate regulations to carry out the developed motor carrier tracking system.
Hazardous Materials Highway Routing
The Secretary of Transportation in consultation with the Secretary should develop, within one year of S. 4's enactment, a framework for using a Geographic Information System-based approach to characterize routes in the National Hazardous Materials Registry. According to S. 4, the Secretary of Transportation should also assess existing and proposed routes and make any recommended changes to the routing requirements for the highway transportation of hazardous materials under 49 USC 397.
Within one year after the date of the enactment of S. 4, the Secretary of Transportation would be required to submit a report to Congress detailing the costs and benefits of such a routing system.
If the Secretary determines in the report that a routing requirement enhances the security of the nation without imposing unreasonable costs or burdens upon motor carriers, the Secretary would require that motor carriers with a hazardous material safety permit under 49 USC 385, maintain, follow, and carry a route plan that meets the requirements of 49 USC 397 when transporting a specified quantity of hazardous materials.
Hazardous Materials Security Inspections
In reviewing the compliance of hazardous materials offerers, carriers or other persons subject to 49 USC Part 172, S. 4 states that the Secretary should prioritize review and enforcement actions according to the highest risk. S. 4 would also require the Secretary to establish a program within 180 days of S. 4's enactment for reviewing hazardous materials security plans required under 49 USC Part 172 to ensure that subject carriers do not unnecessarily undergo duplicate reviews of such plans, and that a common set of standards is used.
Additionally, S. 4 states that within 1 year of S. 4's enactment, the Secretary of Transportation, in conjunction with the Secretary should conduct a Transportation Costs Study which indicates the extent the insurance, security, and safety costs associated with the transportation of hazardous materials are reflected in the rates paid by offerers of such commodities as compared to the costs associated with the transportation of non-hazardous materials.
Trucking Security Assessment
According to S. 4, no later than 1 year after its enactment, the Secretary, in consultation with the Secretary of Transportation should submit a report on security issues related to the trucking industry. This report should include, among other items, an assessment of actions already taken to address trucking security, an assessment of ongoing research on truck security, and an assessment of the economic impact that security upgrades of trucks, truck equipment, or truck facilities may have on the trucking industry and its employees.
(See S. 4 for certain provisions regarding rail security.)
(See ITT's Online Archives or 04/30/07 news 07043005, for Part I of BP series of summaries of S. 4. See ITT's Online Archives or 03/16/07 news, 07031610, for BP summary announcing Senate passage of S. 4. See ITT's Online Archives or 01/11/07 news, 07011110, for BP summary of House-passed H.R. 1.)
S. 4 is available by query at http://thomas.loc.gov