In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Opioid Use Disorder Treatment
Expansion and Modernization Act''.

SEC. 2. FINDING.

The Congress finds that opioid use disorder has become a public
health epidemic that must be addressed by increasing awareness and
access to all treatment options for opioid use disorder, overdose
reversal, and relapse prevention.

SEC. 3. OPIOID USE DISORDER TREATMENT MODERNIZATION.

(a) In General.--Section 303(g)(2) of the Controlled Substances Act
(21 U.S.C. 823(g)(2)) is amended--
(1) in subparagraph (B), by striking clauses (i), (ii), and
(iii) and inserting the following:
''(i) The practitioner is a qualifying practitioner (as
defined in subparagraph (G)).
''(ii) With respect to patients to whom the practitioner
will provide such drugs or combinations of drugs, the
practitioner has the capacity to provide directly, by referral,
or in such other manner as determined by the Secretary--
''(I) all schedule III, IV, and V drugs, as well as
unscheduled medications approved by the Food and Drug
Administration, for the treatment of opioid use
disorder, including such drugs and medications for
maintenance, detoxification, overdose reversal, and
relapse prevention, as available; and
''(II) appropriate counseling and other appropriate
ancillary services.
''(iii)(I) The total number of such patients of the
practitioner at any one time will not exceed the applicable
number. Except as provided in subclause (II), the applicable
number is 30.
''(II) The applicable number is 100 if, not sooner than 1
year after the date on which the practitioner submitted the
initial notification, the practitioner submits a second
notification to the Secretary of the need and intent of the
practitioner to treat up to 100 patients.
''(III) The Secretary may by regulation change such total
number.
''(IV) The Secretary may exclude from the applicable number
patients to whom such drugs or combinations of drugs are
directly administered by the qualifying practitioner in the
office setting.
''(iv) If the Secretary by regulation increases the total
number of patients which a qualifying practitioner is permitted
to treat pursuant to clause (iii)(II), the Secretary shall
require such a practitioner to obtain a written agreement from
each patient, including the patient's signature, that the
patient--
''(I) will receive an initial assessment and
treatment plan and periodic assessments and treatment
plans thereafter;
''(II) will be subject to medication adherence and
substance use monitoring;
''(III) understands available treatment options,
including all drugs approved by the Food and Drug
Administration for the treatment of opioid use
disorder, including their potential risks and benefits;
and
''(IV) understands that receiving regular
counseling services is critical to recovery.
''(v) The practitioner will comply with the reporting
requirements of subparagraph (D)(i)(IV).'';
(2) in subparagraph (D)--
(A) in clause (i), by adding at the end the
following:
''(IV) The practitioner reports to the Secretary, at such
times and in such manner as specified by the Secretary, such
information and assurances as the Secretary determines
necessary to assess whether the practitioner continues to meet
the requirements for a waiver under this paragraph.'';
(B) in clause (ii), by striking ''Upon receiving a
notification under subparagraph (B)'' and inserting
''Upon receiving a determination from the Secretary
under clause (iii) finding that a practitioner meets
all requirements for a waiver under subparagraph (B)'';
and
(C) in clause (iii)--
(i) by inserting ''and shall forward such
determination to the Attorney General'' before
the period at the end of the first sentence;
and
(ii) by striking ''physician'' and
inserting ''practitioner'';
(3) in subparagraph (G)--
(A) by amending clause (ii)(IV) to read as follows:
''(IV) The physician has, with respect to the
treatment and management of opiate-dependent patients,
completed not less than 8 hours of training (through
classroom situations, seminars at professional society
meetings, electronic communications, or otherwise) that
is provided by the American Society of Addiction
Medicine, the American Academy of Addiction Psychiatry,
the American Medical Association, the American
Osteopathic Association, the American Psychiatric
Association, or any other organization that the
Secretary determines is appropriate for purposes of
this subclause. Such training shall address--
''(aa) opioid maintenance and
detoxification;
''(bb) appropriate clinical use of all
drugs approved by the Food and Drug
Administration for the treatment of opioid use
disorder;
''(cc) initial and periodic patient
assessments (including substance use
monitoring);
''(dd) individualized treatment planning;
overdose reversal; relapse prevention;
''(ee) counseling and recovery support
services;
''(ff) staffing roles and considerations;
''(gg) diversion control; and
''(hh) other best practices, as identified
by the Secretary.''; and
(B) by adding at the end the following:
''(iii) The term 'qualifying practitioner' means--
''(I) a qualifying physician, as defined in clause
(ii); or
''(II) during the period beginning on the date of
the enactment of the Opioid Use Disorder Treatment
Expansion and Modernization Act and ending on the date
that is 3 years after such date of enactment, a
qualifying other practitioner, as defined in clause
(iv).
''(iv) The term 'qualifying other practitioner' means a
nurse practitioner or physician assistant who satisfies each of
the following:
''(I) The nurse practitioner or physician assistant
is licensed under State law to prescribe schedule III,
IV, or V medications for the treatment of pain.
''(II) The nurse practitioner or physician
assistant satisfies one or more of the following:
''(aa) Has completed not fewer than 24
hours of initial training addressing each of
the topics listed in clause (ii)(IV) (through
classroom situations, seminars at professional
society meetings, electronic communications, or
otherwise) provided by the American Society of
Addiction Medicine, the American Academy of
Addiction Psychiatry, the American Medical
Association, the American Osteopathic
Association, the American Nurses Credentialing
Center, the American Psychiatric Association,
the American Association of Nurse
Practitioners, the American Academy of
Physician Assistants, or any other organization
that the Secretary determines is appropriate
for purposes of this subclause.
''(bb) Has such other training or
experience as the Secretary determines will
demonstrate the ability of the nurse
practitioner or physician assistant to treat
and manage opiate-dependent patients.
''(III) The nurse practitioner or physician
assistant is supervised by or works in collaboration
with a qualifying physician, if the nurse practitioner
or physician assistant is required by State law to
prescribe medications for the treatment of opioid use
disorder in collaboration with or under the supervision
of a physician.
The Secretary may review and update the requirements for being
a qualifying other practitioner under this clause.''; and
(4) in subparagraph (H)--
(A) in clause (i), by inserting after subclause
(II) the following:
''(III) Such other elements of the requirements under this
paragraph as the Secretary determines necessary for purposes of
implementing such requirements.''; and
(B) by amending clause (ii) to read as follows:
''(ii) Not later than 1 year after the date of enactment of the
Opioid Use Disorder Treatment Expansion and Modernization Act, the
Secretary shall update the treatment improvement protocol containing
best practice guidelines for the treatment of opioid-dependent patients
in office-based settings. The Secretary shall update such protocol in
consultation with experts in opioid use disorder research and
treatment.''.
(b) Recommendation of Revocation or Suspension of Registration in
Case of Substantial Noncompliance.--The Secretary of Health and Human
Services may recommend to the Attorney General that the registration of
a practitioner be revoked or suspended if the Secretary determines,
according to such criteria as the Secretary establishes by regulation,
that a practitioner who is registered under section 303(g)(2) of the
Controlled Substances Act (21 U.S.C. 823(g)(2)) is not in substantial
compliance with the requirements of such section, as amended by this
Act.
(c) Opioid Defined.--Section 102(18) of the Controlled Substances
Act (21 U.S.C. 802(18)) is amended by inserting ''or 'opioid''' after
''The term 'opiate'''.
(d) Reports to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act and not less than over every 5 years
thereafter, the Secretary of Health and Human Services, in
consultation with the Drug Enforcement Administration and
experts in opioid use disorder research and treatment, shall--
(A) perform a thorough review of the provision of
opioid use disorder treatment services in the United
States, including services provided in opioid treatment
programs and other specialty and nonspecialty settings;
and
(B) submit a report to the Congress on the findings
and conclusions of such review.
(2) Contents.--Each report under paragraph (1) shall
include an assessment of--
(A) compliance with the requirements of section
303(g)(2) of the Controlled Substances Act (21 U.S.C.
823(g)(2)), as amended by this Act;
(B) the measures taken by the Secretary of Health
and Human Services to ensure such compliance;
(C) whether there is further need to increase or
decrease the number of patients a waivered practitioner
is permitted to treat, as provided for by the amendment
made by subsection (a)(1);
(D) the extent to which, and proportions with
which, the full range of Food and Drug Administration-
approved treatments for opioid use disorder are used in
routine health care settings and specialty substance
use disorder treatment settings;
(E) access to, and use of, counseling and recovery
support services, including the percentage of patients
receiving such services;
(F) changes in State or local policies and
legislation relating to opioid use disorder treatment;
(G) the use of prescription drug monitoring
programs by practitioners who are permitted to dispense
narcotic drugs to individuals pursuant to a waiver
under section 303(g)(2) of the Controlled Substances
Act (21 U.S.C. 823(g)(2));
(H) the findings resulting from inspections by the
Drug Enforcement Administration of practitioners
described in subparagraph (G); and
(I) the effectiveness of cross-agency collaboration
between Department of Health and Human Services and the
Drug Enforcement Administration for expanding effective
opioid use disorder treatment.

SEC. 4. SENSE OF CONGRESS.

It is the Sense of Congress that, with respect to the total number
of patients that a qualifying physician (as defined in subparagraph
(G)(iii) of section 303(g)(2) of the Controlled Substances Act (21
U.S.C. 823(g)(2)) can treat at any one time pursuant to such section,
the Secretary of Health and Human Services should consider raising such
total number to 250 patients following a third notification to the
Secretary of the need and intent of the physician to treat up to 250
patients that is submitted to the Secretary not sooner than 1 year
after the date on which the physician submitted to the Secretary a
second notification to treat up to 100 patients.

SEC. 5. PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.

(a) In General.--Section 309 of the Controlled Substances Act (21
U.S.C. 829) is amended by adding at the end the following:
''(f) Partial Fills of Schedule II Controlled Substances.--
''(1) Partial fills.--
''(A) In general.--A prescription for a controlled
substance in schedule II may be partially filled if--
''(i) it is not prohibited by State law;
''(ii) the prescription is written and
filled in accordance with the Controlled
Substances Act (21 U.S.C. 801 et seq.),
regulations prescribed by the Attorney General,
and State law;
''(iii) the partial fill is requested by
the patient or the practitioner that wrote the
prescription; and
''(iv) the total quantity dispensed in all
partial fillings does not exceed the total
quantity prescribed.
''(B) Other circumstances.--A prescription for a
controlled substance in schedule II may be partially
filled in accordance with section 1306.13 of title 21,
Code of Federal Regulations (as in effect on the date
of enactment of the Reducing Unused Medications Act of
2016).
''(2) Remaining portions.--
''(A) In general.--Except as provided in
subparagraph (B), remaining portions of a partially
filled prescription for a controlled substance in
schedule II--
''(i) may be filled; and
''(ii) shall be filled not later than 30
days after the date on which the prescription
is written.
''(B) Emergency situations.--In emergency
situations, as described in subsection (a), the
remaining portions of a partially filled prescription
for a controlled substance in schedule II--
''(i) may be filled; and
''(ii) shall be filled not later than 72
hours after the prescription is issued.''.
(b) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of the Attorney General to allow a
prescription for a controlled substance in schedule III, IV, or V of
section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) to
be partially filled.

Passed the House of Representatives May 11, 2016.

Attest:

KAREN L. HAAS,

Clerk.

Output: Opioid Use Disorder Treatment Expansion and Modernization Act (Sec. 3) This bill amends the Controlled Substances Act to revise the requirements for a practitioner to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. Currently, a practitioner must notify the Department of Health and Human Services (HHS) and certify that he or she is a qualifying physician (i.e., a state-licensed physician with certain expertise), has the capacity to refer patients for appropriate counseling and ancillary services, and will comply with a patient limit. The patient limit is how many patients the practitioner can treat under the office-based treatment program at one time. This legislation expands qualifying practitioners to include nurse practitioners and physician assistants who are licensed in a state, have expertise (such as relevant training or expertise), and prescribe medications for opioid use disorder in collaboration with or under the supervision of a qualifying physician if state law requires physician oversight of prescribing authority. Additionally, it requires a qualifying practitioner to also certify that he or she will comply with reporting requirements and has the capacity to provide directly or by referral, or in another manner prescribed by HHS, all drugs approved by the Food and Drug Administration to treat opioid use disorder. HHS may issue regulations to change the maximum patient limit for a qualifying practitioner. If HHS increases the limit, then a qualifying practitioner must additionally certify that he or she will obtain written consent from each patient regarding available treatment options. HHS must update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. HHS may recommend revoking or suspending the registration of a practitioner who fails to comply with the requirements of this Act. (Sec. 4) The bill expresses the sense of Congress that HHS should consider raising from 100 to 250 the maximum patient limit for a qualifying physician. (Sec. 5) It amends the Controlled Substances Act to allow a pharmacist to partially fill a prescription for a schedule II controlled substance (such as a prescription opioid painkiller) if: (1) it is not prohibited by state law, (2) it is prescribed in accordance with existing laws and regulations, (3) it is requested by the patient or prescribing practitioner, and (4) the total quantity dispensed in partial fillings does not exceed the total quantity prescribed. Additionally, a pharmacist may partially fill a prescription for a schedule II controlled substance in other circumstances in accordance with existing Drug Enforcement Administration (DEA) regulations. (Current DEA regulations permit partial fills when a pharmacist cannot supply a full quantity, a patient resides in a long-term care facility, or a patient is terminally ill.) The remaining of a partially filled prescription may be filled within 30 days or, in the case of an emergency situation, within 72 hours.

Input: Consider Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Accurate Education for Prenatal
Screenings Act''.

SEC. 2. CELL-FREE DNA PRENATAL SCREENING EDUCATION PROGRAMS.

Part B of title III of the Public Health Service Act is amended by
inserting, after section 317T (42 U.S.C. 247b-22), the following:

''SEC. 317U. CELL-FREE DNA PRENATAL SCREENING EDUCATION PROGRAMS.

''(a) Education Programs.--With respect to cell-free DNA prenatal
screening, the Secretary, acting through the Director of the Centers
for Disease Control and Prevention, shall develop, implement, and
maintain two programs, one for patients and one for health care
providers, to educate patients and health care providers regarding
matters including--
''(1) the purposes and definitions of such screenings;
''(2) the reasons for patients and health care providers to
consider such screenings;
''(3) the conditions such screenings may detect, including
accurate and up-to-date information about such conditions'
clinical features, prognoses, and treatments according to
relevant national disability organizations and medical
professional societies;
''(4) the risks and benefits of, and alternatives to, the
various methods of administering such screenings and prenatal
diagnostic testings, including the option to forego such
screenings and testings, as per guidelines established by
medical professional societies;
''(5) the possible results of such screenings;
''(6) the accuracy of the results of such screenings,
including positive predictive value, negative predictive value,
specificity, sensitivity, the inability of such screenings to
reliably diagnose chromosomal abnormalities, and the fact that
such screenings may yield false-positive and false-negative
results;
''(7) the need for diagnostic testing, and counseling by a
genetics professional, for patients whose screenings yield
positive, abnormal, or indeterminate results; and
''(8) the need for communication of screening results to
patients and appropriate follow up per guidelines established
by medical professional societies.
''(b) Materials.--Each program developed under this section shall
include the provision of materials that--
''(1) contain information that is peer-reviewed, balanced,
accurate, and up-to-date;
''(2) enable the respective target audience to understand
the available options with regards to cell-free DNA prenatal
screenings, other prenatal screenings, and diagnostic tests;
''(3) promote the informed consent, and enhance the
decision-making processes of, the respective target audience
before and after such screenings;
''(4) contain information that appropriately addresses the
diversity of the patient population, including patients
proficient in languages other than English; and
''(5) contain contact information for relevant services and
support organizations for patients.
''(c) Assessment.--In developing, implementing, and maintaining
programs and materials under this section, the Secretary, acting
through the Director of the Centers for Disease Control and Prevention,
shall--
''(1) consult with relevant medical professional,
disability support, patient advocacy, parents, and genetics
professionals organizations;
''(2) consult with companies and laboratories that perform
cell-free DNA prenatal screenings or develop the technologies
for such screenings;
''(3) assess and evaluate existing education activities and
materials for health care providers and patients related to
such screenings; and
''(4) take the results of such consultations, assessment,
and evaluation into account in developing educational programs
and materials under this section.
''(d) Annual Report.--Not later than 16 months after the date of
enactment of this section and annually thereafter, the Secretary shall
submit a progress report to the Congress with respect to--
''(1) the development and implementation of the education
programs established under this section;
''(2) the accessibility of each program to its respective
target audience;
''(3) the adoption of each program by its respective target
audience; and
''(4) the Secretary's efforts to ensure health care
providers and patients receive the materials created pursuant
to this section.
''(e) Deadline.--The Secretary shall develop and implement the
education programs required by section 317U of the Public Health
Service Act (as added by subsection (a)) not later than 1 year after
the date of enactment of this Act''.

Output: Accurate Education for Prenatal Screenings Act Amends the Public Health Service Act to direct the Centers for Disease Control and Prevention (CDC) to develop, implement, and maintain two programs, one to educate patients and one to educate health care providers regarding: the purposes and definitions of cell-free DNA prenatal screenings; the reasons for patients and providers to consider such screenings; the conditions such screenings may detect; the risks and benefits of, and alternatives to, the various methods of administering such screenings and prenatal diagnostic testing; the possible results of such screenings and the accuracy of such results; the need for diagnostic testing, and counseling by a genetics professional, for patients whose screenings yield positive, abnormal, or indeterminate results; and the need for communication of results to patients and appropriate follow-up per guidelines established by medical professional societies. Requires each program to provide materials that: contain information that is peer-reviewed, balanced, accurate, and up-to-date; enable the respective target audience to understand the available options with regard to such screenings, other prenatal screenings, and diagnostic tests; promote the informed consent of, and enhance the decision-making processes of, the respective target audience before and after such screenings; contain information that appropriately addresses the diversity of the patient population; and contain contact information for relevant services and support organizations for patients. Requires CDC to submit annual reports regarding: the development and implementation of such programs; the accessibility of each program to, and the adoption of each program by, its respective target audience; and CDC's efforts to ensure that providers and patients receive the materials created pursuant to this Act.

Input: Consider Input: 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.
Output: 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.