[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5786 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5786

  To amend title 49, United States Code, to provide for a rail spill 
               preparedness fund, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

 Mr. DeFazio (for himself, Mr. Walden, and Mr. Blumenauer) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to provide for a rail spill 
               preparedness fund, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Protection and 
Preparedness Act of 2016''.

SEC. 2. RAIL SPILL PREPAREDNESS FUND.

    (a) In General.--Chapter 51 of title 49, United States Code, is 
amended by inserting after section 5110 the following:
``Sec. 5111. Rail spill preparedness fund
    ``(a) Establishment of Rail Account.--There is established in the 
Oil Spill Liability Trust Fund a separate account to be known as the 
`Rail Account' consisting of such amounts as may be appropriated, 
credited, deposited, or transferred to such account as provided in this 
section.
    ``(b) Fee for Certain Railroad Tank Cars Transporting Class 3 
Flammable Liquids.--Not later than October 1, 2017, and annually 
thereafter, the Secretary shall impose a fee of $1,500 for each DOT-111 
specification railroad tank car, including each CPC-1232 tank car, used 
to transport Class 3 flammable liquids during the previous fiscal year 
that, at the time such tank car was used, did not meet the DOT-117, 
DOT-117P, or DOT-117R specifications in part 179 of title 49, Code of 
Federal Regulations. Such fee shall be--
            ``(1) paid by each person who causes such liquids to be 
        transported by such a tank car in commerce; and
            ``(2) imposed regardless of--
                    ``(A) train composition; or
                    ``(B) the phase-out schedule under section 7304(b) 
                of the FAST Act (49 U.S.C. 20155 note).
    ``(c) Limitation.--A fee imposed pursuant to subsection (b) may not 
be imposed on a railroad carrier that transports Class 3 flammable 
liquids.
    ``(d) Means of Collection.--The Secretary shall prescribe 
procedures to collect the fees described in subsection (b). The 
Secretary may use a department, agency, or instrumentality of the 
United States Government or of a State or local government to collect 
the fee and may reimburse the department, agency, or instrumentality a 
reasonable amount for its services.
    ``(e) Deposits.--Amounts equivalent to the fees collected pursuant 
to subsection (b) shall be deposited into the Rail Account.
    ``(f) Expenditures.--Amounts deposited pursuant to subsection (e) 
shall be available to the Secretary, without need of further 
appropriation, only for the following purposes:
            ``(1) The payment of removal and remediation costs and 
        other costs, expenses, claims, and damages related to an 
        accident or incident involving the transportation of Class 3 
        flammable liquids by rail.
            ``(2) For the Secretary to make grants to States and Indian 
        tribes to--
                    ``(A) to develop, improve, and carry out emergency 
                plans under the Emergency Planning and Community Right-
                To-Know Act of 1986 (42 U.S.C. 11001 et seq.) related 
                to an accident or incident involving the transportation 
                of Class 3 flammable liquids by rail, including 
                ascertaining flow patterns of Class 3 flammable liquids 
                on lands under the jurisdiction of a State or Indian 
                tribe and lands of another State or Indian tribe;
                    ``(B) to develop and train regional hazardous 
                material emergency response teams to prepare for an 
                accident or incident involving the transportation of 
                Class 3 flammable liquids by rail;
                    ``(C) to train public sector employees to respond 
                to accidents and incidents involving the transportation 
                of Class 3 flammable liquids by rail consistent with 
                the requirements of section 5116; and
                    ``(D) for any other measures that the Secretary, in 
                consultation with States and Indian tribes, determines 
                necessary to assist such States and Indian tribes in 
                preparing for accidents and incidents involving the 
                transportation of Class 3 flammable liquids by rail.
    ``(g) Public Sector Training Standards.--To the extent that a grant 
under subsection (f) is used to train emergency responders, the State 
or Indian tribe shall ensure that the emergency responders who receive 
training under the grant have the ability to protect nearby persons, 
property, and the environment from the effects of accidents or 
incidents involving the transportation of hazardous material in 
accordance with existing regulations or National Fire Protection 
Association standards for competence of responders to accidents and 
incidents involving hazardous materials, including the transportation 
of Class 3 flammable liquids by rail.
    ``(h) No Effect on Compliance or Liability Under Federal or State 
Law.--Nothing in this section may be construed to affect or limit the 
application of, obligation to comply with, or liability under any 
Federal or State law.
    ``(i) Definitions.--
            ``(1) Class 3 flammable liquid.--The term `Class 3 
        flammable liquid' has the meaning given the term flammable 
        liquid in section 173.120(a) of title 49, Code of Federal 
        Regulations.
            ``(2) Railroad carrier.--The term `railroad carrier' has 
        the meaning given such term in section 20102.''.
    (b) Conforming Amendment.--The analysis for chapter 51 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5110 the following new item:

``5111. Rail spill preparedness fund.''.

SEC. 3. INCREASED INSPECTIONS OF CERTAIN RAIL TRACK.

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to require each Class I railroad carrier 
to inspect all track where an accident or incident involving the 
transportation of flammable liquids or material poisonous or toxic by 
inhalation by rail could affect a high consequence area, in accordance 
with a schedule prescribed by the Secretary.
    (b) Method of Inspection.--The inspections required under 
subsection (a) shall be carried out--
            (1) on foot; and
            (2) periodically, by a gage restraint measurement system, 
        as described in section 213.110 of title 49, Code of Federal 
        Regulations.
    (c) Remedial Action.--If the individual making an inspection 
required under subsection (a) finds a deviation from the requirements 
of part 213 of title 49, Code of Federal Regulations, the individual 
shall immediately initiate remedial action.
    (d) Other Railroad Carriers.--Nothing in this section shall be 
construed to restrict the discretion of the Secretary to require 
railroad carriers other than Class I railroad carriers to inspect track 
in accordance with this section. In exercising such discretion, the 
Secretary shall consider the risk to the public and to railroad 
employees associated with the operations of the railroad carrier and 
the transportation of flammable liquids or material poisonous or toxic 
by inhalation by rail.
    (e) Definitions.--In this section:
            (1) High consequence area.--The term ``high consequence 
        area'' means--
                    (A) a commercially navigable waterway, which means 
                a waterway where a substantial likelihood of commercial 
                navigation exists;
                    (B) a high population area, which means an 
                urbanized area, as defined and delineated by the Census 
                Bureau, that contains 50,000 or more people and has a 
                population density of at least 1,000 people per square 
                mile;
                    (C) an other populated area, which means a place, 
                as defined and delineated by the Census Bureau, that 
                contains a concentrated population, such as an 
                incorporated or unincorporated city, town, village, or 
                other designated residential or commercial area; or
                    (D) an unusually sensitive area, including a 
                drinking water or ecological resource area that is 
                unusually sensitive to environmental damage.
            (2) Material poisonous or toxic by inhalation.--The term 
        ``material poisonous or toxic by inhalation'' has the meaning 
        given the terms material poisonous by inhalation and material 
        toxic by inhalation in section 171.8 of title 49, Code of 
        Federal Regulations.
            (3) Other definitions.--The definitions contained in 
        section 20102 of title 49, United States Code, shall apply to 
        this section.

SEC. 4. TRACK SAFETY SPECIALISTS.

    There are authorized to be appropriated such sums as may be 
necessary for the Administrator of the Federal Railroad Administration 
to hire a minimum of 2 additional track safety specialists per region.
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