In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spacefaring Priorities for America's 
Continued Exploration Act'' or the ``SPACE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Russia is not a reliable partner.--(A) Unless Space 
        Shuttle operations are extended beyond 2010, the United States 
        will be heavily reliant on Russia to supply crew and possibly 
        cargo transport services to the International Space Station 
        during the gap period of 2010 through 2015. There will be no 
        other way to fly our astronauts into space during this period.
            (B) The United States should not increase its reliance on 
        Russia to transport American astronauts into space, given the 
        increasingly divergent views and posturing from Russia. Russia 
        opposes the United States plan to base an antimissile radar 
        system in the Czech Republic and interceptor missiles in Poland 
        to deal with the threat posed by the Iranian nuclear weapons 
        and missile programs. Russia also suspended its participation 
        in the Conventional Forces in Europe (CFE) treaty, one of the 
        most significant arms control agreements of the Cold War years. 
        Additionally, Russia continues to arm some of America's most 
        hostile adversaries, Iran and Venezuela. Despite United States 
        objections, Russia sold billions of dollars worth of weapons to 
        the regime of Hugo Chavez in 2006. Such meddling is a possible 
        violation of the Monroe Doctrine and a throwback to the Cold 
        War era. Even more troublesome is the Russian history of 
        weapons trading with Iran. Russia has supplied advanced 
        conventional arms technology, missile technology, and nuclear 
        technologies to this very anti-American regime.
            (2) Russia has abused past nasa cooperation agreements.--
        (A) In the late 1990s, Russia fell short in fulfilling its 
        commitment to the International Space Station.
            (B) The National Aeronautics and Space Administration (in 
        this Act referred to as ``NASA'') was forced to transfer 
        hundreds of millions of dollars to enable the Russians to 
        complete the critical Space Station service module Zvezda, 
        without which the International Space Station could not 
        operate.
            (C) Russia delayed completion of the Zvezda service module 
        for several years. Under the International Space Station 
        agreement, the Russian government had committed to fund as well 
        as build the Zvezda service module. Subsequent transfers from 
        the United States, in order to complete the module, reflect 
        serious Russian mismanagement in the field of space.
            (D) In 2000, while Russia was failing to meet its 
        commitment to the International Space Station, Russia was 
        diverting financial and human resources away from fulfilling 
        its International Space Station commitments in order to keep 
        the Russian's Mir Space Station aloft.
            (E) Russia's past shortcomings in fulfilling commitments to 
        its international space partners should serve as a warning to 
        the United States as we consider increased reliance on Russian 
        space services in the future. It is not prudent for the United 
        States to depend on Russia for access to space given our past 
        experience with this relationship.
            (3) American space science should not be dependent on 
        russian support.--(A) The United States has already invested 
        billions of dollars in the International Space Station program 
        since its inception.
            (B) There is much research of great value being conducted 
        in space, and on the International Space Station, that may 
        yield tremendous gains. Research being conducted on the 
        International Space Station may help scientists back on Earth 
        develop medicines to treat diseases and help us better 
        understand the Earth's climate. Many scientists believe that 
        the microgravity environment of space will enable the 
        development of new drugs, vaccines, and other therapies. 
        Equipment on the International Space Station will monitor 
        stratospheric gases, and investigate ozone chemistry.
            (4) The united states must have assured access to space.--
        (A) To ensure that the United States realizes the dividends 
        from the considerable investment we have made in the 
        International Space Station, we need to ensure continued access 
        to space for our astronauts. However, NASA's plan for transport 
        of crew to and from the International Space Station fails to 
        provide necessary redundancies to provide assured access to 
        space.
            (B) NASA anticipates that the Russian Soyuz spacecraft will 
        be the only vehicle for astronaut crew rotation to the 
        International Space Station after 2010. From 2011 until the 
        planned operation of Orion in 2015, NASA likely has no other 
        option for transporting American astronauts to space other than 
        on Russian vehicles.
            (C) NASA has conceded that without the Space Shuttle, it 
        will be unable to transport the Alpha Magnetic Spectrometer 
        (AMS) to the International Space Station. Scientists involved 
        in the development of the AMS acknowledge that it will enhance 
        scientific discoveries. While the AMS has cost over 
        $1,500,000,000 to develop and build, NASA has stated that the 
        remaining Space Shuttle manifest does not allow for transport 
        of the AMS and that it will not be an option to retrofit 
        another launch vehicle in order to fly it into space. Only by 
        extending Space Shuttle operations beyond 2010 will NASA be 
        able to transport the AMS to the International Space Station. 
        As long as the AMS meets all required standards to verify its 
        validity and justify its transport on the Space Shuttle, NASA 
        should fulfill its obligation to the Department of Energy and 
        our international partners.
            (D) In addition, the Japanese Centrifuge Accommodation 
        Module, which can only fly to the International Space Station 
        on the Space Shuttle, will also be unable to reach the Space 
        Station absent extending Space Shuttle operations.
            (5) A better approach.--(A) Due to NASA's lack of a backup 
        plan for reliance on the Russians for transport of American 
        astronauts to space, the United States needs a better approach. 
        The best approach is the Space Shuttle, a proven, domestic 
        source of space transport for assured access to space, 
        including the International Space Station, for crew and cargo 
        transport.
            (B) With 2 Shuttle missions per year during the human 
        spaceflight program flight gap between Shuttle and Orion, 
        currently scheduled from 2010 through 2015, we can replace our 
        need to rely on the Russians for crew rotation for the 
        International Space Station.
            (C) Savings from replacing Russian transport services to 
        the International Space Station with the Space Shuttle would 
        pay for a portion of the costs for flying 2 Space Shuttle 
        missions per year.
            (D) Only by closing the gap between 2010 and 2015, or until 
        the Orion is operational, will our Nation be able to keep our 
        Nation's highly skilled and critically important spaceworkers 
        and engineers gainfully employed, and mitigate the loss of 
        critical skills.
            (E) By extending Space Shuttle operations, NASA may realize 
        considerable savings by no longer having to pay retention 
        bonuses to critical space workers. But retention bonuses would 
        not be the only added costs associated with the end of Space 
        Shuttle operations when critical skilled workers leave NASA or 
        its contractors. Recruitment incentives for new workers and 
        contract cost increases could also be incurred by NASA since 
        the majority of the Kennedy Space Center's workforce are 
        contractors.
            (F) The success of the Constellation program will depend on 
        having the most skilled and experienced workforce possible. The 
        workforce gap, as currently envisioned by NASA, will jeopardize 
        this. NASA has acknowledged that thousands of critical space 
        workers will lose their jobs in the transition from the Space 
        Shuttle to the Constellation program. Continued operation of 
        the Space Shuttle, but on a reduced flight requirement, while 
        also integrating these workers into the Orion program, is the 
        best way to retain many of these critical workers and skill 
        sets.
            (G) An August 2007 study by the Government Accountability 
        Office, ``NASA Progress Made on Strategic Human Capital 
        Management, but Future Program Challenges Remain,'' stated that 
        ``the agency as a whole faces challenges in recruiting and 
        retaining highly experienced senior-level engineers in certain 
        specialties. NASA's principal workforce challenge will be faced 
        in the transition to the next generation of human space flight 
        systems.''.
            (H) This Act authorizes for NASA additional funding under 
        section 4 to fully restore the appropriation shortfalls in 
        fiscal years 2007 and 2008 compared to the funds that were 
        authorized for NASA. An additional $1,000,000,000 is authorized 
        in section 4(b) to reimburse NASA for the costs incurred by 
        NASA from the Space Shuttle return-to-flight efforts following 
        the Space Shuttle Columbia disaster.

SEC. 3. PROHIBITION ON USE OF RUSSIAN SPACE SERVICES.

    NASA shall not rely solely on the Russian government for astronaut 
transport or cargo resupply services. This prohibition does not apply 
to the current Soyuz emergency escape services for astronauts on the 
International Space Station.

SEC. 4. ADDITIONAL FUNDING FOR NASA.

    (a) Additional Authorization for Fiscal Year 2007 Shortfall.--There 
are authorized to be appropriated to NASA $1,648,000,000, 41.6 percent 
of which shall be for Exploration Systems, and 28.7 percent of which 
shall be available for Space Operations.
    (b) Columbia Return-to-Flight.--There are authorized to be 
appropriated to NASA $1,000,000,000 for emergency funding to reimburse 
for Columbia return-to-flight costs, of which the Exploration Systems 
and Space Operations Accounts shall receive funding at the rate 
proportional to the amounts used to pay the costs associated with the 
Space Shuttle return-to-flight efforts.
    (c) Additional Authorization for Fiscal Year 2008 Shortfall.--There 
are authorized to be appropriated to NASA $1,064,000,000, 41.7 percent 
of which shall be for Exploration Systems.
    (d) Preservation of Funding for Programs.--NASA shall not take any 
funding from its Exploration Systems account or the Constellation 
program in order to fund the continued operation of the Space Shuttle 
program as required in this Act.

SEC. 5. EXTENDING SPACE SHUTTLE OPERATIONS.

    (a) Use of Space Shuttle for Access to Space.--NASA shall fly at 
least 2 Space Shuttle missions per year for crew transport, instead of 
Russian crew and cargo services, for the period of 2010 through 2015, 
or until Orion is operational. There are authorized to be appropriated 
to NASA such sums as may be necessary, in addition to amounts otherwise 
authorized, to carry out this subsection, including for the production 
of more external tanks as may be needed.
    (b) Insufficient Funding.--Except as provided under subsection (c), 
the requirements of this Act shall have effect only to the extent that 
sufficient funding is appropriated, as authorized under subsection (a). 
Sufficient funding is defined as funds required to fully or partially 
comply with the requirements of this Act.
    (c) Report to Congress.--NASA shall report to Congress not later 
than 90 days after the date of enactment of this Act on the specific 
costs and actions needed to extend the operation of the Space Shuttle 
in accordance with this Act.
    (d) Operational Efficiencies.--As soon as possible, but no later 
than March 31, 2011, NASA shall investigate areas of reduced operations 
and enhanced cost savings and implement those that do not impinge the 
safe operation of the Space Shuttle program, including the following:
            (1) The possible retirement of one Space Shuttle orbiter, 
        leaving 2 to remain operational, in a manner that ensures the 
        safe operation of the Space Shuttle program.
            (2) Significantly reducing changes to the design of the 
        Space Shuttle orbiters, in a manner that ensures the safe 
        operation of the Space Shuttle program. This shall include 
        changes to the Space Shuttle software systems.
            (3) Significantly reducing Space Shuttle orbiter 
        configuration operations and payload configuration operations, 
        in a manner that ensures the safe operation of the Space 
        Shuttle program.
            (4) Maximizing the use of shared personnel between the 
        continued operation of the Space Shuttle and Constellation and 
        other NASA programs.
    (e) Facilities.--If conflicts arise in NASA's efforts to allocate 
facilities, personnel, and other resources in order to fly the Space 
Shuttle as well as continue the development of Constellation, then NASA 
shall identify in a report to Congress in advance such conflicts, along 
with recommendations as to how they can be mitigated.

SEC. 6. SHUTTLE RECERTIFICATION.

    Not later than 6 months after the date of enactment of this Act, 
NASA shall define achievable and attainable requirements for operation 
of the Space Shuttle program beyond 2010, as recommended by the 
Columbia Accident Investigation Board. NASA shall transmit these 
requirements to Congress in the form of a report. NASA shall then 
immediately begin the process of satisfying these requirements and 
shall satisfy all requirements no later than March 31, 2010.

Answer: Spacefaring Priorities for America's Continued Exploration Act or SPACE Act - Prohibits the National Aeronautics and Space Administration (NASA) from relying solely on the Russian government for astronaut transport or cargo resupply services, except for the current Soyuz emergency escape services for astronauts on the International Space Station.

Authorizes appropriations to NASA for: (1) exploration systems; and (2) emergency funding for Columbia return-to-flight costs.

Requires NASA to fly at least two space shuttle missions per year for crew transport, instead of Russian crew and cargo services, for the period 2010-2015, or until Orion is operational. Authorizes appropriations to carry out such operations. Requires NASA to report to Congress on the specific costs and actions needed to extend the operation of the space shuttle.

Requires NASA, by March 31, 2011, to investigate areas of reduced operations and enhanced cost savings and implement those that do not impinge on the safe operation of the space shuttle program.

Directs NASA to define achievable and attainable requirements for the operation of such program beyond 2010, as recommended by the Columbia Accident Investigation Board. Requires: (1) NASA to report to Congress on such requirements; and (2) NASA to immediately begin satisfying those requirements and to satisfy all of them by March 31, 2010.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom and Mobility in Consumer 
Banking Act''.

SEC. 2. FEDERAL DEPOSIT INSURANCE ACT AMENDMENTS.

    The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is 
amended by adding at the end the following new section:

``SEC. 51. RIGHT TO CLOSE PERSONAL CHECKING AND SAVINGS ACCOUNTS.

    ``(a) In General.--An insured depository institution may not--
            ``(1) prohibit any person from closing a checking or 
        savings account, regardless of whether the balance in the 
        account is positive, zero, or negative; or
            ``(2) charge any fee to close any such account.
    ``(b) Time Limit.--An account at any insured depository institution 
shall be closed by the institution not later than 48 hours after 
receiving a request from the customer to close the account.
    ``(c) Methods of Requesting Closure of an Account.--
            ``(1) In general.--Any accountholder of an account at an 
        insured depository institution may request that the account be 
        closed in person, over the phone, or by other electronic or 
        remote means, as may be prescribed by regulation.
            ``(2) Exception for large accounts.--Notwithstanding 
        paragraph (1), any insured depository institution may require 
        an accountholder of an account which has an outstanding balance 
        of $25,000 or more on deposit at the depository institution to 
        close the account in person, to the extent the depository 
        institution has provided written notice of such requirement to 
        the account holder at any time prior to receiving a request 
        from the accountholder to close the account.
    ``(d) Repayment of Balances.--
            ``(1) In general.--Any balance in an account at an insured 
        depository institution that is closed by the institution 
        pursuant to a request by the accountholder shall repaid to the 
        accountholder in accordance with the following requirements:
                    ``(A) In person.--If the request is made in person, 
                the total amount of funds on deposit in the account 
                shall be paid to the accountholder at the time the 
                request is made at the consumer's option and without a 
                fee, by certified check provided to the consumer at the 
                time of the request, by electronic fund transfer 
                executed on that business day to an account designated 
                by the consumer, or by any other means offered by the 
                financial institution if requested by the consumer.
                    ``(B) Request made by other means.--If the request 
                is made over the phone, or by other electronic or 
                remote means, the total amount of funds on deposit in 
                the account shall promptly be remitted by the 
                institution to the accountholder at the consumer's 
                option and without a fee, by certified check issued on 
                the business day on which the request is received, by 
                electronic fund transfer executed on that business day 
                to an account designated by the consumer, or by any 
                other means offered by the financial institution if 
                requested by the consumer.
            ``(2) Time limit.--In any case, the payment by an insured 
        depository institution of the total amount of funds on deposit 
        in an account at the institution which the accountholder has 
        requested be closed shall be remitted to the accountholder 
        before the end of the 3 business day period beginning when the 
        accountholder submits such request.
    ``(e) Prohibition on Any Fees or Charges After Request To Close.--
No insured depository institution may impose any fees or charges on any 
deposit account at such institution after receiving a request in 
accordance with subsection (c) to close the account.
    ``(f) Prohibition on Reopening Account To Make Subsequent 
Payment.--No insured depository institution may reopen an account that 
the consumer has requested be closed in accordance with subsection (c) 
to apply subsequent debits, whether preauthorized or otherwise, or for 
any other reason, unless the consumer expressly requests that such 
account be reopened.
    ``(g) Notice of Subsequent Preauthorized Recurring Debits.--During 
the 30-day period beginning on the date an account at an insured 
depository institution is closed pursuant to a request by the 
accountholder, the insured depository institution shall promptly notify 
the customer if a preauthorized recurring debit is directed to the 
account.
    ``(h) Limitation on Reporting.--
            ``(1) Negative balance resulting from fees.--If, at the 
        time any account at an insured depository institution is 
        closed, the account has a negative balance resulting solely 
        from any fee assessed by the depository institution, the 
        insured depository institution may not report the fact of the 
        outstanding balance or any other adverse information with 
        respect to such account to any consumer reporting agency 
        described in section 603(f) of the Fair Credit Reporting Act if 
        such information could be used to adversely affect the 
        consumer's ability to open a transaction account at another 
        depository institution.
            ``(2) Treatment of negative balance resulting from 
        overdrafts.--If such information could be used to adversely 
        affect the consumer's ability to open a transaction account at 
        another depository institution, an insured depository 
        institution shall not report to any consumer reporting agency 
        (as defined in section 603 of the Fair Credit Reporting Act) 
        that an account had a negative balance at the time of the 
        closure of the account unless all of the following conditions 
        are met:
                    ``(A) Only if the negative balance is the result of 
                funds actually paid by the depository institution to a 
                third party.
                    ``(B) Only for the amount it actually paid to the 
                third party and not for any fees associated with the 
                transaction.
                    ``(C) Only to the extent the negative balance is 
                the result of credit extended through an overdraft line 
                of credit program where the fee or charge incurred in 
                connection with the overdraft is considered a finance 
                charge under the Truth In Lending Act.
            ``(3) Notice and opportunity for repayment of overdraft.--
        If an account of an accountholder at an insured depository 
        institution has a negative balance at the time the account is 
        closed, the insured depository institution--
                    ``(A) shall promptly notify the accountholder of 
                the fact of the negative balance and the amount due; 
                and
                    ``(B) may, after the end of the 30-day period 
                beginning on the date notice is provided to an 
                accountholder under subparagraph (A)--
                            ``(i) report the fact of the outstanding 
                        balance or any other adverse information with 
                        respect to such account to any consumer 
                        reporting agency, subject to the limitations in 
                        paragraph (2); and
                            ``(ii) take any other collection activity 
                        with respect to such outstanding balance.
    ``(i) Transfer of Direct Deposit Received After Notice of Closure 
and Payment.--If--
            ``(1) during the 30-day period beginning after any balance 
        in an account at an insured depository institution that is 
        closed by the institution pursuant to a request by the 
        accountholder has been repaid to the accountholder, a 
        previously scheduled amount intended for direct deposit into 
        such account is received by such institution, and
            ``(2) before the time such amount is received, the consumer 
        provides the insured depository institution with an account 
        number and insured depository institution routing number for a 
        successor transaction or savings account at another insured 
        depository institution,
the insured depository institution which receives such amount shall 
transfer such amount, without a fee and by electronic fund transfer, to 
the insured depository institution identified by the former 
accountholder for deposit in the transaction or savings account 
identified by such former accountholder.
    ``(j) Regulations.--The Federal banking agencies shall jointly 
prescribe regulations to carry out the purposes of this section.''.

Answer: Freedom and Mobility in Consumer Banking Act - Amends the Federal Deposit Insurance Act (FDIA) to prohibit an insured depository institution from: (1) prohibiting any person from closing a checking or savings account, regardless of its balance; or (2) charging a fee to close such an account.

Requires a depository institution to close an account within 48 hours after receiving a request from the customer to do so.

Permits an account holder to request that the account be closed in person, over the phone, or by other electronic or remote means, as may be prescribed by regulation.

Sets forth financial institution procedures for closing large accounts and repaying balances, as well as notice and opportunity for accountholder repayment of overdrafts.

Prohibits a depository institution from: (1) imposing fees or charges after receiving a request to close an account, or (2) reopening an account without express account holder request.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Extremely Hazardous Materials Rail 
Transportation Act of 2005''.

SEC. 2. COORDINATION OF PRECAUTIONS AND RESPONSE EFFORTS RELATED TO THE 
              TRANSPORTATION BY RAIL OF EXTREMELY HAZARDOUS MATERIALS.

    (a) Regulations.--
            (1) Requirement for regulations.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall, in consultation with the Secretary of 
        Transportation and the heads of other Federal, State, and local 
        agencies, prescribe regulations for the coordination of efforts 
        of Federal, State, and local agencies aimed at preventing 
        terrorist acts and responding to emergencies that may occur in 
        connection with the transportation by rail of extremely 
        hazardous materials.
            (2) Content.--
                    (A) In general.--The regulations required under 
                paragraph (1) shall--
                            (i) require, and establish standards for, 
                        the training of individuals described in 
                        subparagraph (B) on safety precautions and best 
                        practices for responding to emergencies 
                        occurring in connection with the transportation 
                        by rail of extremely hazardous materials, 
                        including incidents involving acts of 
                        terrorism; and
                            (ii) establish a coordinated system for 
                        notifying appropriate Federal, State, and local 
                        law enforcement authorities (including, if 
                        applicable, transit, railroad, or port 
                        authority police agencies) and first responders 
                        of the transportation by rail of extremely 
                        hazardous materials through communities 
                        designated as area of concern communities by 
                        the Secretary of Homeland Security under 
                        subsection (b)(1).
                    (B) Individuals covered by training.--The 
                individuals described in subparagraph (A)(i) are first 
                responders, law enforcement personnel, and individuals 
                who transport, load, unload, or are otherwise involved 
                in the transportation by rail of extremely hazardous 
                materials or who are responsible for the repair of 
                related equipment and facilities in the event of an 
                emergency, including an incident involving terrorism.
    (b) Area of Concern Communities.--
            (1) Designation of area of concern communities.--
                    (A) In general.--In prescribing regulations under 
                subsection (a), the Secretary of Homeland Security 
                shall compile a list of area of concern communities.
                    (B) Criteria.--The Secretary of Homeland Security 
                shall include on such list communities through or near 
                which the transportation by rail of extremely hazardous 
                materials poses a serious risk to the public health and 
                safety. In making such determination, the Secretary 
                shall consider--
                            (i) the severity of harm that could be 
                        caused in a community by the release of the 
                        transported extremely hazardous materials;
                            (ii) the proximity of a community to major 
                        population centers;
                            (iii) the threat posed by such 
                        transportation to national security, including 
                        the safety and security of Federal and State 
                        government offices;
                            (iv) the vulnerability of a community to 
                        acts of terrorism;
                            (v) the threat posed by such transportation 
                        to critical infrastructure;
                            (vi) the threshold quantities of particular 
                        extremely hazardous materials that pose a 
                        serious threat to the public health and safety; 
                        and
                            (vii) such other safety or security factors 
                        that the Secretary determines appropriate to 
                        consider.
            (2) Consideration of alternate routes.--The Secretary of 
        Homeland Security shall conduct a study to consider the 
        possibility of reducing, through the use of alternate routes 
        involving lower security risks, the security risks posed by the 
        transportation by rail of extremely hazardous materials through 
        or near communities designated as area of concern communities 
        under paragraph (1), except in the case of emergencies or where 
        such alternatives do not exist or are prohibitively expensive.

SEC. 3. PRESSURIZED RAILROAD CARS.

    (a) New Safety Standards.--
            (1) Requirement for standards.--Not later than 180 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall, in consultation with the Secretary of 
        Transportation and the heads of other relevant Federal 
        agencies, prescribe by regulations standards for ensuring the 
        safety and physical integrity of pressurized tank cars that are 
        used in the transportation by rail of extremely hazardous 
        materials.
            (2) Consideration of specific risks.--In prescribing 
        regulations under paragraph (1), the Secretary of Homeland 
        Security shall consider the risks posed to such pressurized 
        tank cars by acts of terrorism, accidents, severe impacts, and 
        other actions potentially threatening to the structural 
        integrity of the cars or to the safe containment of the 
        materials carried by such cars.
    (b) Report on Impact Resistance.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall, in consultation with the Secretary of Transportation and 
        the heads of other relevant Federal agencies, submit to the 
        appropriate congressional committees a report on the safety and 
        physical integrity of pressurized tank cars that are used in 
        the transportation by rail of extremely hazardous materials, 
        including with respect to the risks considered under subsection 
        (a)(2).
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) the results of a study on the impact resistance 
                of such pressurized tank cars, including a comparison 
                of the relative impact resistance of tank cars 
                manufactured before and after the implementation by the 
                Administrator of the Federal Railroad Administration in 
                1989 of Federal standards on the impact resistance of 
                such tank cars; and
                    (B) an assessment of whether tank cars manufactured 
                before the implementation of the 1989 impact resistence 
                standards and tank cars manufactured after the 
                implementation of such standards conform with the 
                standards prescribed under subsection (a).

SEC. 4. REPORT ON EXTREMELY HAZARDOUS MATERIALS TRANSPORT SAFETY.

    (a) Requirement for Report.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland Security shall, 
in consultation with the Secretary of Transportation, submit to the 
appropriate congressional committees a report on the safety and 
security of the transportation by rail of extremely hazardous 
materials, including the threat posed to the security of such 
transportation by acts of terrorism.
    (b) Content.--The report required under subsection (a) shall 
include, in a form that does not compromise national security--
            (1) information specifying--
                    (A) the Federal and State agencies that are 
                responsible for the oversight of the transportation by 
                rail of extremely hazardous materials; and
                    (B) the particular authorities and responsibilities 
                of the heads of each such agency;
            (2) an assessment of the operational risks associated with 
        the transportation by rail of extremely hazardous materials, 
        with consideration given to the safety and security of the 
        railroad infrastructure in the United States, including 
        railroad bridges and rail switching areas;
            (3) an assessment of the vulnerability of railroad cars to 
        acts of terrorism while being used to transport extremely 
        hazardous materials;
            (4) an assessment of the ability of individuals who 
        transport, load, unload, or are otherwise involved in the 
        transportation by rail of extremely hazardous materials or who 
        are responsible for the repair of related equipment and 
        facilities in the event of an emergency, including an incident 
        involving terrorism, to respond to an incident involving 
        terrorism, including an assessment of whether such individuals 
        are adequately trained or prepared to respond to such 
        incidents;
            (5) a description of the study conducted under section 
        2(b)(2), including the conclusions reached by the Secretary of 
        Homeland Security as a result of such study and any 
        recommendations of the Secretary for reducing, through the use 
        of alternate routes involving lower security risks, the 
        security risks posed by the transportation by rail of extremely 
        hazardous materials through or near area of concern 
        communities;
            (6) other recommendations for improving the safety and 
        security of the transportation by rail of extremely hazardous 
        materials; and
            (7) an analysis of the anticipated economic impact and 
        effect on interstate commerce of the regulations prescribed 
        under this Act.
    (c) Form.--The report required under subsection (a) shall be in 
unclassified form, but may contain a classified annex.

SEC. 5. WHISTLEBLOWER PROTECTION.

    (a) In General.--No person involved in the transportation by rail 
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)--
                    (A) by filing a complaint with the Secretary of 
                Labor; and
                    (B) if the Secretary has not issued a final 
                decision within 180 days after the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the claimant, by commencing a 
                civil action 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) Complaint to department of labor.--An action 
                under paragraph (1)(A) shall be governed under the 
                rules and procedures set forth in subsection (b) of 
                section 42121 of title 49, United States Code, except 
                that notification made under such subsection shall be 
                made to the person named in the complaint and to the 
                person's employer.
                    (B) Court action.--An action commenced under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b)(2)(B) of title 
                49, United States Code.
                    (C) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 180 
                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) in the case of a termination of, or other 
                discriminatory act regarding the person's employment--
                            (i) reinstatement with the same seniority 
                        status that the person would have had, but for 
                        the discrimination; and
                            (ii) payment of the amount of any back pay, 
                        with interest, computed retroactively to the 
                        date of the discriminatory act; and
                    (B) 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. 6. CIVIL PENALTIES.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall prescribe regulations 
providing for the imposition of civil penalties for violations of--
            (1) regulations prescribed under this Act; and
            (2) the prohibition against discriminatory treatment under 
        section 5(a).

SEC. 7. NO FEDERAL PREEMPTION.

    Nothing in this Act shall be construed as preempting any State law, 
except that no such law may relieve any person of a requirement 
otherwise applicable under this Act.

SEC. 8. DEFINITIONS.

    In this Act:
            (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;
                    (D) high-level radioactive waste; and
                    (E) any other material designated by the Secretary 
                of Homeland Security as being extremely hazardous.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on Commerce, 
                Science, and Transportation of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.

Answer:
Extremely Hazardous Materials Rail Transportation Act of 2005 - Directs the Secretary of Homeland Security to prescribe regulations that coordinate the efforts of Federal, State, and local agencies to prevent terrorist acts and respond to emergencies that may occur in connection with the transportation by rail of extremely hazardous materials. Defines extremely hazardous material as material that is toxic by inhalation, extremely flammable, highly explosive, a high-level radioactive waste, or otherwise designated by the Secretary.

Requires the Secretary, in prescribing the regulations, to compile a list of area of concern communities, including those through or near which the rail transportation of extremely hazardous materials poses a serious risk to the public health and safety.

Directs the Secretary to prescribe by regulation standards for ensuring the safety and physical integrity of pressurized rail tank cars used to transport extremely hazardous materials.

Requires the Secretary to report to Congress on the safety and security of, and the threat posed by acts of terrorism to, the transportation by rail of extremely hazardous materials.

Sets forth whistleblower protections for persons involved in the transportation of extremely hazardous materials. Sets forth civil penalties for violations of this Act.