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ures available for rail shipments of extremely haz-
ardous materials that will reduce the risk of leakage 
or release in the event of a terrorist attack or sabo-
tage. 
(2) MATTERS STUDIED.—The study conducted 
under this subsection shall consider the use of pas-
sive secondary containment of tanker valves, addi-
tional security force personnel, surveillance tech-
nologies, barriers, decoy rail cars, and methods to 
minimize delays during shipping. 
(3) REPORTING.—Not later than 180 days after 
the date of enactment of this Act, the Secretary 
shall submit a report to Congress describing the 
findings of the study conducted under this sub-
section, which shall contain recommendations and 
cost estimates for securing shipments of extremely 
hazardous materials. 
(c) LEASED TRACK STORAGE ARRANGEMENTS.—
(1) IN GENERAL.—Not later than 90 days after 
enactment of this Act, the Secretary shall conduct a 
study of available alternatives to storing extremely 
hazardous materials in or on leased track facilities. 
(2) MATTERS STUDIED.—The study conducted 
under this subsection shall—
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(A) evaluate the extent of the use of leased 
track facilities and the security measures that 
should be taken to secure leased track facilities; 
and 
(B) assess means to limit the consequences 
of an attack on extremely hazardous materials 
stored on leased track facilities to nearby com-
munities. 
(3) REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary 
shall submit a report to Congress describing the 
findings of the study conducted under this sub-
section, which shall contain recommendations and 
cost estimates for securing shipments of extremely 
hazardous materials. 
SEC. 6. WHISTLEBLOWER PROTECTION. 
(a) PROHIBITION AGAINST DISCRIMINATION.—No 
owner or operator of a railroad may discharge or otherwise 
discriminate against any employee with respect to com-
pensation, terms, conditions, or privileges of employment 
because the employee (or any person acting pursuant to 
the request of the employee) provided information to the 
Secretary, the Attorney General, or any Federal super-
visory agency regarding a possible violation of any provi-
sion of this Act by the owner or operator of a railroad
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or any director, officer, or employee of an owner or oper-
ator of a railroad. 
(b) ENFORCEMENT.—Any employee or former em-
ployee who believes that such employee has been dis-
charged or discriminated against in violation of subsection 
(a) may file a civil action in the appropriate United States 
district court before the end of the 2-year period beginning 
on the date of such discharge or discrimination. 
(c) REMEDIES.—If the district court determines that 
a violation has occurred, the court may order the owner 
or operator of a railroad that committed the violation to—
(1) reinstate the employee to the employee’s 
former position; 
(2) pay compensatory damages; or 
(3) take other appropriate actions to remedy 
any past discrimination. 
(d) LIMITATION.—The protections of this section 
shall not apply to any employee who—
(1) deliberately causes or participates in the al-
leged violation of law or regulation; or 
(2) knowingly or recklessly provides substan-
tially false information to the Secretary, the Attor-
ney General, or any Federal supervisory agency. 
SEC. 7. PENALTIES. 
(a) RIGHT OF ACTION.—
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(1) IN GENERAL.—Any State or local govern-
ment may bring a civil action in a United States dis-
trict court for redress of injuries caused by a viola-
tion of this Act against any person (other than an 
individual) who transports, loads, unloads, or is oth-
erwise involved in the shipping of extremely haz-
ardous materials by rail and who violated this Act. 
(2) RELIEF.—In an action under paragraph 
(1), a State or local government may seek, for each 
violation of this Act—
(A) an order for injunctive relief; and 
(B) a civil penalty of not more than 
$1,000,000. 
(b) ADMINISTRATIVE PENALTIES.—
(1) IN GENERAL.—The Secretary may issue an 
order imposing an administrative penalty of not 
more than $1,000,000 for each failure by a person 
(other than an individual) who transports, loads, un-
loads, or is otherwise involved in the shipping of ex-
tremely hazardous materials to comply with this Act. 
(2) NOTICE AND HEARING.—Before issuing an 
order under paragraph (1), the Secretary shall pro-
vide the person who allegedly violated this Act—
(A) written notice of the proposed order; 
and
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(B) the opportunity to request, not later 
than 30 days after the date on which the per-
son received the notice, a hearing on the pro-
posed order. 
(3) PROCEDURES.—Not later than 90 days 
after the date of enactment of this Act, the Sec-
retary shall issue regulations establishing procedures 
for administrative hearings and the appropriate re-
view of penalties issued under this subsection, in-
cluding establishing deadlines.
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