[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4824 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4824

   To direct the Secretary of Homeland Security to issue regulations 
       concerning the shipping of extremely hazardous materials.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2004

 Mr. Markey (for himself, Ms. McCarthy of Missouri, Mr. Grijalva, Mr. 
 Case, Mr. Owens, Ms. Lee, Mr. Tierney, Ms. Jackson-Lee of Texas, and 
Mr. Gonzalez) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Homeland Security to issue regulations 
       concerning the shipping of extremely hazardous materials.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Extremely Hazardous Materials 
Transportation Security Act of 2004''.

SEC. 2. RULEMAKING.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the heads of other appropriate Federal, State, and 
local government entities, security experts, representatives of the 
hazardous materials shipping industry and labor unions representing 
persons who work in the hazardous materials shipping industry, and 
other interested persons, shall issue, after notice and opportunity for 
public comment, regulations concerning the shipping of extremely 
hazardous materials.
    (b) Purposes of Regulations.--The regulations shall be consistent, 
to the extent the Secretary determines appropriate, with and not 
duplicative of other Federal regulations and international agreements 
relating to the shipping of extremely hazardous materials and shall 
require--
            (1) physical security measures for such shipments, such as 
        the use of passive secondary containment of tanker valves, 
        additional security force personnel, and surveillance 
        technologies and barriers;
            (2) concerned Federal, State, and local law enforcement 
        authorities (including, if applicable, transit, railroad, or 
        port authority police agencies) to be informed before an 
        extremely hazardous material is transported within, through, or 
        near an area of concern;
            (3) coordination with Federal, State, and local law 
        enforcement authorities to create response plans for a 
        terrorist attack on a shipment of extremely hazardous 
        materials;
            (4) the use of currently available technologies and systems 
        to ensure effective and immediate communication between 
        transporters of extremely hazardous materials, law enforcement 
        authorities and first responders;
            (5) comprehensive and appropriate training in the area of 
        extremely hazardous materials transportation security for all 
        individuals who transport, load, unload, or are otherwise 
        involved in the shipping of extremely hazardous materials or 
        who would respond to an accident or incident involving a 
        shipment of extremely hazardous material or would have to 
        repair transportation equipment and facilities in the event of 
        such an accident or incident; and
            (6) for the transportation of extremely hazardous materials 
        through or near an area of concern, the Secretary to determine 
        whether or not the transportation could be made by one or more 
        alternate routes at lower security risk and, if the Secretary 
        determines the transportation could be made by an alternate 
        route, the use of such alternate route, except when the 
        origination or destination of the shipment is located within 
        the area of concern.
    (c) Judicial Relief.--A person (other than an individual) who 
transports, loads, unloads, or is otherwise involved in the shipping of 
hazardous materials and violates or fails to comply with a regulation 
issued by the Secretary under this section may be subject, in a civil 
action brought in United States district court, for each shipment with 
respect to which the violation occurs--
            (1) to an order for injunctive relief; or
            (2) to a civil penalty of not more than $100,000.
    (d) Administrative Penalties.--
            (1) Penalty orders.--The Secretary may issue an order 
        imposing an administrative penalty of not more than $1,000,000 
        for failure by a person (other than an individual) who 
        transports, loads, unloads, or is otherwise involved in the 
        shipping of hazardous materials to comply with a regulation 
        issued by the Secretary under this section.
            (2) Notice and hearing.--Before issuing an order described 
        in paragraph (1), the Secretary shall provide to the person 
        against whom the penalty is to be assessed--
                    (A) written notice of the proposed order; and
                    (B) the opportunity to request, not later than 30 
                days after the date on which the person receives the 
                notice, a hearing on the proposed order.
            (3) Procedures.--The Secretary may issue regulations 
        establishing procedures for administrative hearings and 
        appropriate review of penalties issued under this subsection, 
        including necessary deadlines.

SEC. 3. WHISTLEBLOWER PROTECTION.

    (a) In General.--No person involved in the shippping of extremely 
hazardous materials may be discharged, demoted, suspended, threatened, 
harassed, or in any other manner discriminated against because of any 
lawful act done by the person--
            (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct which the person reasonably believes constitutes a 
        violation of any law, rule or regulation related to the 
        security of shipments of extremely hazardous materials, or any 
        other threat to the security of shipments of extremely 
        hazardous materials, when the information or assistance is 
        provided to or the investigation is conducted by--
                    (A) a Federal regulatory or law enforcement agency;
                    (B) any Member of Congress or any committee of 
                Congress; or
                    (C) a person with supervisory authority over the 
                person (or such other person who has the authority to 
                investigate, discover, or terminate misconduct);
            (2) to file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding or action filed or about to be 
        filed relating to a violation of any law, rule or regulation 
        related to the security of shipments of extremely hazardous 
        materials or any other threat to the security of shipments of 
        extremely hazardous materials; or
            (3) to refuse to violate or assist in the violation of any 
        law, rule, or regulation related to the security of shipments 
        of extremely hazardous materials.
    (b) Enforcement Action.--
            (1) In general.--A person who alleges discharge or other 
        discrimination by any person in violation of subsection (a) may 
        seek relief under subsection (c), by--
                    (A) filing a complaint with the Secretary of Labor; 
                or
                    (B) if the Secretary has not issued a final 
                decision within 180 days of the filing of the complaint 
                and there is no showing that such delay is due to the 
                bad faith of the claimant, bringing an action at law or 
                equity for de novo review in the appropriate district 
                court of the United States, which shall have 
                jurisdiction over such an action without regard to the 
                amount in controversy.
            (2) Procedure.--
                    (A) In general.-- An action under paragraph (1)(A) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of title 49, United States 
                Code.
                    (B) Exception.--Notification made under section 
                42121(b)(1) of title 49, United States Code, shall be 
                made to the person named in the complaint and to the 
                person's employer.
                    (C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b) of title 49, 
                United States Code.
                    (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 90 days 
                after the date on which the violation occurs.
    (c) Remedies.--
            (1) In general.--A person prevailing in any action under 
        subsection (b)(1) shall be entitled to all relief necessary to 
        make the person whole.
            (2) Compensatory damages.--Relief for any action under 
        paragraph (1) shall include--
                    (A) reinstatement with the same seniority status 
                that the person would have had, but for the 
                discrimination;
                    (B) the amount of any back pay, with interest; and
                    (C) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney 
                fees.
    (d) Rights Retained by Person.--Nothing in this section shall be 
deemed to diminish the rights, privileges, or remedies of any person 
under any Federal or State law, or under any collective bargaining 
agreement.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Extremely hazardous material.--The term ``extremely 
        hazardous material'' means--
                    (A) a material that is toxic by inhalation;
                    (B) a material that is extremely flammable;
                    (C) a material that is highly explosive; and
                    (D) any other material designated by the Secretary 
                to be extremely hazardous.
            (2) Area of concern.--The term ``area of concern'' means an 
        area that the Secretary determines could pose a particular 
        interest to terrorists.
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