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Q: 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.
A:
Extremely Hazardous Materials Transportation Security Act of 2004 - Directs the Secretary of Homeland Security to issue regulations concerning the shipping of extremely hazardous materials that require: (1) physical security measures; (2) Federal, State, and local law enforcement authorities to be informed before such material is transported within, through, or near an area of concern; (3) coordination among such authorities to create response plans for a terrorist attack; (4) the use of currently available technologies and systems to ensure effective communication between material transporters, law enforcement authorities, and first responders; (5) comprehensive training for all individuals involved in the shipping of such materials; and (6) the Secretary to determine whether transportation through or near an area could be made by alternate routes at a lower security risk.

Subjects a person (other than an individual) who violates such a regulation to injunctive relief or a civil penalty of up to $100,000. Authorizes the Secretary to impose administrative penalties.

Sets forth provisions regarding whistleblower protection involving the security of shipments of such materials.