I 
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 regu-
lations concerning the shipping of extremely hazardous 
materials.
Be it enacted by the Senate and House of Representa-
tives 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 appro-
priate Federal, State, and local government entities, secu-
rity 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 reg-
ulations and international agreements relating to the ship-
ping of extremely hazardous materials and shall require—
(1) physical security measures for such ship-
ments, such as the use of passive secondary contain-
ment of tanker valves, additional security force per-
sonnel, and surveillance technologies and barriers; 
(2) concerned Federal, State, and local law en-
forcement authorities (including, if applicable, tran-
sit, railroad, or port authority police agencies) to be 
informed before an extremely hazardous material is 
transported within, through, or near an area of con-
cern; 
(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 com-
munication between transporters of extremely haz-
ardous materials, law enforcement authorities and 
first responders; 
(5) comprehensive and appropriate training in 
the area of extremely hazardous materials transpor-
tation security for all individuals who transport, 
load, unload, or are otherwise involved in the ship-
ping of extremely hazardous materials or who would 
respond to an accident or incident involving a ship-
ment 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 haz-
ardous materials through or near an area of con-
cern, the Secretary to determine whether or not the 
transportation could be made by one or more alter-
nate routes at lower security risk and, if the Sec-
retary 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.