	The Challenge and Reality

		Introduction

Hundreds of thousands of trucks and rail tank cars transport tons of hazardous materials(hazmat) daily. Many in the public and private sectors seek to reduce risk byestablishing a "layered" or reinforcing system of measures affecting companies, drivers, andshipments. This system involves incident prevention, preparedness, and response. A major challenge is to cost effectively increase the security of theseshipments, especially those that pose the most danger to the public, while still meeting, to the extentpossible, the transportation requirements of commerce. More specifically, thereport outlines illustrative key actions taken by the DOT and the Department of Homeland Security(DHS) to promote hazmat security in surface transportation. Theory and Reality

There is virtually an unlimited number of ways that the hazmat transportation system is atrisk from attack by terrorists. Through these and other actions described in detail later in this report, DOTand DHS, working with industry, are creating a layered system of security measures. Whether thescope, rigor, and pace of these actions is adequate or not is subject to debate. (8) 
PHMSA also requires that security awareness training must be provided by a specified dateto all hazmat employees, and that employees of companies required to prepare a security plan mustreceive training on the plan. (10) PHMSA also administers a grant program that provides trainingto emergency responders dealing with spills of hazmat. TSA uses a variety of different approaches seeking to improve the security of hazmatshipments. Severalbills introduced in the109th Congress, including H.R. 153 and H.R. 1109 ,include provisions that would require the DHS to prepare a vulnerability assessment of freight railtransportation and to identify security risks that are specific to the transportation of hazmats by rail. This provision seeks to reduce some of the securityrisks associated with hazmat transportation by requiring a security threat assessment of drivers witha hazmat endorsement on their commercial drivers license (CDL). This provision is included in H.R. 3 , which the House passed. Adequacy or Impact of Some Federal Hazmat Transportation Security Efforts

Despite the efforts and accomplishments of the DOT and DHS that were noted in theprevious section, many vulnerabilities remain in the current layered system of hazmat transportationsecurity. For example, H.R. H.R. 153 and H.R. 1109 both authorize a research program that would, inpart, be intended to: "...support enhanced security for transportation of hazardous materials by rail..."

	Policy Options and Legislative Initiatives

		Policy Options

The federal role in promoting the security of hazmat transportation is evolving. There aremany additional measures that could be taken to enhance security, but each of these poses its ownset of benefits and costs that need to be considered within the context of many policy factors, suchas alternative uses of federal and industry resources, likelihood of effectively reducing the risks fromterrorist attacks, and impacts on the operational efficiency and productivity of the surfacetransportation system.
Hundreds of thousands of trucks and railroad tank cars transport tons of hazardous materials(hazmat) daily. There is virtually an unlimited number of ways that these shipments are at risk fromattack by terrorists. By implementing a "layered" system of measures affecting shippers, carriers,and drivers, many in the public and private sectors seek to reduce associated security risks. Thissystem involves incident prevention, preparedness, and response. A major challenge is to increasecost effectively the security of these shipments, especially those that pose the most danger to thepublic, while still meeting, to the extent possible, the transportation requirements of commerce. The109th Congress is considering legislation, such as H.R. 3 , H.R. 153 , H.R. 909 , H.R. 1109 , and H.R. 1414 , and S. 230 ,which includes provisions intended to promote hazmat transportation security.
The Departments of Transportation (DOT) and Homeland Security (DHS) have takennumerous actions to enhance the security of hazmat transportation. For example, DOT requiresshippers and carriers to implement security plans regarding specified hazmat transportation. DOTgrants encourage states to conduct inspections of trucks transporting hazmat. Also, DOT hascontacted thousands of companies seeking to improve their security programs, and also hasestablished communication links with industry. DHS conveys threat information to law enforcementand industry, and conducts vulnerability assessments. DHS administers a grant that provides trainingand the communications infrastructure which facilitates truck drivers and others to report safety andpotential security concerns. DHS seeks to determine whether commercial drivers pose a securitythreat necessitating denial of their hazmat endorsement on their commercial drivers licenses. Despite these efforts, there remain many vulnerabilities in the current layered system of hazmattransportation security measures. At a cost, much more could be done to expand the scope,strengthen the rigor, and accelerate the pace of the federal role in this area.
H.R. 153 and H.R. 1109 include a provision that would require theDHS to prepare a vulnerability assessment of freight rail transportation and to identify security risksthat are specific to the transportation of hazmats by rail. H.R. 153 would provide grantsto address threats pertaining to the security of hazmat transportation by rail. H.R. 909 would establish a research program intended to advance security measures for hazmat transportation. H.R. 3 , which the House has passed, includes a provision intended to ensure thatMexican- and Canadian-domiciled truck drivers transporting specified hazmat loads in the UnitedStates are subject to a background check similar to that required of U.S. drivers. Other optionsinclude increased security awareness training for state truck inspectors and certain employees oftruck leasing companies, and requiring enhanced security plans and communication systems forcarriers of high hazard materials shipments beyond those now required. Each of these options posescosts that need to be evaluated within the context of other investments. This report deals only withhazmat security in surface transportation and will not be updated.