I 
109TH CONGRESS 
1ST SESSION H. R. 1414 
To direct the Secretary of Homeland Security to issue regulations concerning 
the shipping of extremely hazardous materials, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2005 
Mr. MARKEY (for himself, Ms. NORTON, Mr. KUCINICH, Mr. PALLONE, Ms. 
LEE, Mrs. MALONEY, Mr. THOMPSON of Mississippi, Mr. HOLT, Mrs. 
JONES of Ohio, Ms. BERKLEY, Mr. GRIJALVA, and Mr. DOGGETT) intro-
duced the following bill; which was referred to the Committee on Home-
land Security, and in addition to the Committee on Transportation and 
Infrastructure, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To direct the Secretary of Homeland Security to issue regu-
lations concerning the shipping of extremely hazardous 
materials, and for other purposes. 
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 2005’’.
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 and other technologies to en-
sure the physical integrity of pressurized tank cars 
used to transport extremely hazardous materials, ad-
ditional security force personnel, 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) the creation of terrorism response plans for 
shipments 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 and all entities charged with re-
sponding to acts of terrorism involving shipments of 
extremely hazardous materials; 
(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. 
(c) JUDICIAL RELIEF.—A person (other than an indi-
vidual) who transports, loads, unloads, or is otherwise in-
volved 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 re-
spect 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, un-
loads, or is otherwise involved in the shipping of haz-
ardous 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 per-
son receives the notice, a hearing on the pro-
posed order. 
(3) PROCEDURES.—The Secretary may issue 
regulations establishing procedures for administra-
tive 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 ship-
ping 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 ex-
tremely hazardous materials, or any other threat to
the security of shipments of extremely hazardous 
materials, when the information or assistance is pro-
vided to or the investigation is conducted by— 
(A) a Federal regulatory or law enforce-
ment agency; 
(B) any Member of Congress or any com-
mittee of Congress; or 
(C) a person with supervisory authority 
over the person (or such other person who has 
the authority to investigate, discover, or termi-
nate 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 ex-
tremely 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 dis-
charge or other discrimination by any person in vio-
lation of subsection (a) may seek relief under sub-
section (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 para-
graph (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 gov-
erned 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 in-
terest; and 
(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding 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. REPORT ON EXTREMELY HAZARDOUS MATERIALS 
TRANSPORTATION SECURITY. 
(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 agencies, shall transmit to Congress a re-
port on the security of, and risk of a terrorist attack on, 
shipments of extremely hazardous materials. 
(b) CONTENT.—The report under subsection (a) shall 
include— 
(1) information specifying— 
(A) the Federal and State agencies that 
are responsible for the regulation of the trans-
portation of extremely hazardous materials; and 
(B) the particular authorities and respon-
sibilities of the heads of each such agency; and 
(2) an assessment of the vulnerability of the in-
frastructure associated with the transportation of ex-
tremely hazardous materials. 
(c) FORM.—The report under subsection (a) shall be 
in unclassified form but may contain a classified annex. 
SEC. 5. 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 flam-
mable; 
(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 deter-
mines could pose a particular interest to terrorists. 
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