Teacher: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Teacher: Now, understand the problem? If you are still confused, see the following example:
SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.

(a) Definitions.--In this section:
(1) Business entity.--The term ''business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ''facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ''gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ''intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ''nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Solution: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Reason: This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.

Now, solve this instance: 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.
Student:
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.