[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 859 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 859

To protect the public, communities across America, and the environment 
 by increasing the safety of crude oil transportation by railroad, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2015

   Ms. Cantwell (for herself, Ms. Baldwin, Mrs. Feinstein, and Mrs. 
    Murray) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To protect the public, communities across America, and the environment 
 by increasing the safety of crude oil transportation by railroad, 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 ``Crude-By-Rail Safety Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) High-hazard flammable train.--The term ``high-hazard 
        flammable train'' means a single train transporting 20 or more 
        tank cars loaded with a Class 3 flammable liquid (as defined in 
        section 173.120(a) of title 49, Code of Federal Regulations).
            (2) Oil.--The term ``oil'' means oil of any kind or in any 
        form, including crude, petroleum, fuel oil, sludge, oil refuse, 
        oil mixed with wastes other than dredged spoil, any bitumen or 
        bituminous mixture, oil derived from a bitumen or bituminous 
        mixture, any oil derived from kerogen-bearing sources, 
        developing oils, and emerging oils.
            (3) Rail carrier.--The term ``rail carrier'' has the 
        meaning given the term ``railroad carrier'' in section 20102 of 
        title 49, United States Code.
            (4) Worst case discharge.--The term ``worst case 
        discharge'' has the meaning given such term in section 130.5 of 
        title 49, Code of Federal Regulations.

SEC. 3. CERTAINTY ON SAFETY REGULATIONS.

    (a) Interim National Standard for Maximum Volatility.--
            (1) Rulemaking.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Transportation, by 
        regulation, shall establish an interim national standard for 
        the maximum volatility of crude oil transported by rail within 
        the United States. Volatility in the interim national standard 
        shall be measured by the vapor pressure of the crude oil.
            (2) Effective date.--The national standard established 
        pursuant to paragraph (1) shall take effect not later than 90 
        days after it is issued by the Secretary.
    (b) Study of Crude Oil Characteristics and Associated Safety.--Not 
later than 2 years after the date of the enactment of this Act, the 
Secretary of Transportation, in collaboration with the Secretary of 
Energy, shall complete a study of--
            (1) the best methods for reliably measuring the volatility 
        of crude oil; and
            (2) the level of volatility that is consistent with the 
        safest practicable shipment of crude oil by rail.
    (c) Final National Standard for Maximum Volatility.--
            (1) In general.--Not later than 90 days after the 
        completion of the study under subsection (b), the Secretary of 
        Transportation shall issue a final rule that establishes the 
        maximum volatility of crude oil that is transported by rail.
            (2) Requirements.--The maximum volatility standard 
        established pursuant to paragraph (1)--
                    (A) shall be consistent with the findings of the 
                study conducted under subsection (b); and
                    (B) shall require that the transportation of crude 
                oil by rail be as safe as practicable.
    (d) Tank Car Design.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Transportation shall issue a 
final rule, based on the safety standards contained in the Notice of 
Proposed Rulemaking issued on August 1, 2014, and entitled ``Enhanced 
Tank Car Standards and Operational Controls for High-Hazard Flammable 
Trains'', which requires that all new tank cars designed to transport a 
Class 3 flammable liquid that are constructed after October 1, 2015, 
meet or exceed the design standards set forth under option 1 of table 2 
in such rulemaking.
    (e) Enhanced Braking.--Beginning on the date identified in the 
final rule issued pursuant to subsection (d), all high-hazard flammable 
trains shall operate with electronically controlled pneumatic brakes.

SEC. 4. ENDING USE OF UNSAFE TANK CARS.

    (a) Minimum Safety Standard.--
            (1) Oil.--Except as provided under paragraph (4), the 
        Secretary of Transportation shall immediately prohibit the 
        shipment of oil in--
                    (A) any DOT-111 tank car that does not meet the 
                requirements of Casualty Prevention Circular 1232, 
                issued by the Association of American Railroads on 
                August 31, 2011; or
                    (B) any unjacketed CPC-1232 tank car.
            (2) Ethanol.--Except as provided under paragraph (4), 
        beginning on the date that is 2 years after the date of the 
        enactment of this Act, the Secretary of Transportation shall 
        prohibit the shipment of ethanol in any tank car described in 
        subparagraph (A) or (B) of paragraph (1).
            (3) Additional precautionary measures.--Any rail carrier or 
        shipper who offers for transportation, or transports, in a tank 
        car by rail in commerce to, from, or within the United States, 
        a bulk quantity of oil or ethanol shall take additional 
        precautionary measures to enhance the safe shipment of such 
        liquids, including by avoiding the shipment of such liquids in 
        tank cars with unsafe tank car attributes identified by the 
        Secretary of Transportation, to the extent practicable.
            (4) Exception.--Notwithstanding paragraphs (1) and (2), 
        tank cars described in subparagraphs (A) and (B) of paragraph 
        (1) may continue to transport oil or ethanol if they have been 
        retrofitted to meet or exceed the design standards set forth 
        under Option 3 of table 2 in the Notice of Proposed Rulemaking 
        issued on August 1, 2014, and entitled ``Enhanced Tank Car 
        Standards and Operational Controls for High-Hazard Flammable 
        Trains''. All retrofitted tank cars shall be equipped with 
        electronically controlled pneumatic brakes.
            (5) Jacketed cpc-1232 tank cars.--The Secretary of 
        Transportation shall establish, by regulation, a retrofit 
        standard and timeline for jacketed CPC-1232 tank cars that 
        transport oil or ethanol.
    (b) Savings Provision.--Nothing in this section may be construed to 
prohibit the Secretary of Transportation from issuing, by regulation or 
order, a safety standard for tank cars transporting oil or ethanol that 
is more stringent than the requirements referred to in section 3(d).

SEC. 5. CRUDE-BY-RAIL INSPECTIONS.

    (a) Rail Inspections for Hazardous Material Routes.--Rail carriers 
shall--
            (1) perform at least 2 additional internal rail inspections 
        per calendar year than is required under section 213.237(c) of 
        title 49, Code of Federal Regulations, on routes that--
                    (A) the rail carrier owns or has been assigned 
                maintenance responsibility under section 213.5 of such 
                title; and
                    (B) over which 1 or more high-hazard flammable 
                trains are operated; and
            (2) conduct at least 4 track geometry inspections each 
        calendar year on routes that--
                    (A) the rail carrier owns or has been assigned 
                maintenance responsibility under such section 213.5; 
                and
                    (B) over which 1 or more high-hazard flammable 
                trains are operated.
    (b) Energy Product Inspections.--
            (1) Inspection requirement.--A person that offers oil for 
        transportation shall complete spot inspections on 5 percent of 
        all individual rail cars loaded with crude oil--
                    (A) to test and record the volatility of the crude 
                oil in such cars; and
                    (B) to ensure that such crude oil meets--
                            (i) the interim national standard for 
                        maximum volatility established pursuant to 
                        section 3(a); or
                            (ii) any subsequently enacted volatility 
                        standard that is more restrictive than such 
                        standard.
            (2) Spot inspections and audits.--
                    (A) Spot inspections.--The Secretary of 
                Transportation shall complete spot inspections on crude 
                oil volatility to ensure that the volatility standards 
                referred to in paragraph (1)(B) are being met.
                    (B) Audits.--The Secretary of Transportation shall 
                audit records of the inspections conducted under 
                paragraph (1) to ensure that the volatility of the 
                crude oil does not exceed the volatility standards 
                referred to in paragraph (1)(B).

SEC. 6. PENALTIES FOR NONCOMPLIANCE.

    (a) Fines for Violating Hazardous Materials Transportation Law.--
Section 5123(a) of title 49, United States Code, is amended to read as 
follows:
    ``(a) Penalty.--
            ``(1) In general.--A person that knowingly violates this 
        chapter or a regulation, order, special permit, or approval 
        issued under this chapter is liable to the United States 
        Government for a civil penalty of not more than $500,000 for 
        each such violation. A person acts knowingly when--
                    ``(A) the person has actual knowledge of the facts 
                giving rise to the violation; or
                    ``(B) a reasonable person acting in the same 
                circumstances and exercising reasonable care would have 
                such knowledge.
            ``(2) Enhanced penalty.--If the Secretary finds that a 
        violation under paragraph (1) results in death, serious 
        illness, or severe injury to any person, substantial 
        destruction of property, or significant environmental damage, 
        the Secretary may increase the amount of the civil penalty for 
        such violation to not more than $1,000,000.
            ``(3) Separate violation.--A separate violation occurs for 
        each day a person continues to knowingly violate this chapter 
        or any regulation, order, special permit, or approval issued 
        under this chapter.''.
    (b) Fines for Violating Energy Product Inspections.--A person that 
offers oil for transportation that violates the maximum volatility rule 
issued pursuant to subsection (a) or (c) of section 3, or the 
inspection requirement under section 5(b) shall be liable to the United 
States Government for a civil penalty of not more than $1,000,000 for 
each such violation.
    (c) Fines for Violating Rail Inspections.--A rail carrier that 
violates the rail inspections requirement under section 5(a) shall be 
liable to the United States Government for a civil penalty of not more 
than $1,000,000 for each such violation.

SEC. 7. SAFE TRANSPORTATION OF ENERGY PRODUCTS.

    (a) In General.--The Secretary of Transportation shall establish or 
expand safety programs relating to the transportation of energy 
products and other Class 3 flammable liquids by rail, pipeline, 
highway, and waterway, which shall include initiatives--
            (1) to expedite rulemaking proceedings;
            (2) to conduct technical studies of energy products;
            (3) to increase rail, pipeline, and energy product 
        inspections;
            (4) to provide grants to States for additional railroad 
        track and pipeline inspectors;
            (5) to improve notification procedures from State Emergency 
        Response Commission contacts to first responders;
            (6) to develop and conduct first responder training 
        programs, in collaboration with the Federal Emergency 
        Management Agency, the Department of Homeland Security, the 
        Coast Guard, the Environmental Protection Agency, and national 
        first responder organizations;
            (7) to conduct technical research on infrastructure-related 
        causes of train and pipeline accidents;
            (8) to identify ways to mitigate the causes and 
        consequences of train accidents;
            (9) to provide grants to communities to update emergency 
        response plans developed by local emergency planning 
        committees; and
            (10) to audit comprehensive oil spill response plans 
        established under section 8(b).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the safety initiatives described in 
subsection (a)--
            (1) $40,000,000 for fiscal year 2016; and
            (2) $40,000,000 for fiscal year 2017.

SEC. 8. OIL SPILL RESPONSE PLANS.

    (a) Defined Term.--In this section, the term ``maximum extent 
practicable'' has the meaning given such term in section 130.5 of title 
49, Code of Federal Regulations.
    (b) Comprehensive Response Plans.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Transportation, in 
        consultation with the Secretary of the department in which the 
        Coast Guard is operating and the Administrator of the 
        Environmental Protection Agency, shall publish a final rule 
        revising the regulations set out in part 130 of title 49, Code 
        of Federal Regulations (relating to oil spill prevention and 
        response plans)--
                    (A) to modify the 1,000 barrels (42,000 gallons) 
                requirement for a comprehensive written plan in 
                subsection (b) of section 130.31 of title 49, Code of 
                Federal Regulations, to account for worst-case 
                discharges resulting from accidents involving unit 
                trains or blocks of tank cars; and
                    (B) to include additional requirements in each 
                written plan required under such section 130.31 to 
                respond to a discharge of oil that occurs during 
                transportation by a rail carrier that has a reasonable 
                probability of impacting a water body or other area 
                that is subject to the jurisdiction of the Coast Guard 
                or of the Environmental Protection Agency under the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.) including such a discharge--
                            (i) into or on the navigable waters of the 
                        United States;
                            (ii) on the adjoining shorelines to the 
                        navigable waters;
                            (iii) inland waters; or
                            (iv) other impacted lands.
            (2) Coordination.--The additional requirements under 
        paragraph (1)(B) shall be promulgated by the Secretary of 
        Transportation in coordination with--
                    (A) the Secretary of the department in which the 
                Coast Guard is operating, in the case of potential 
                impacts to a water body or other area subject to the 
                jurisdiction of the Coast Guard; and
                    (B) the Administrator of the Environmental 
                Protection Agency, in the case of potential impacts to 
                a water body or other area subject to the jurisdiction 
                of the Environmental Protection Agency under the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.).
    (c) National Contingency Plan.--To ensure efficient and timely 
prevention, preparedness, and response by the lead agency and the rail 
carrier in the event of a discharge of oil, the President shall, for 
each comprehensive written plan required under section 130.31(b) of 
title 49, Code of Federal Regulations (or similar successor 
regulation)--
            (1) include such plan in the National Contingency Plan 
        required under section 311(d) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1321(d)); and
            (2) integrate such plan into the appropriate Regional 
        Response Plan required under section 300.210(b) of title 40, 
        Code of Federal Regulations (or similar successor regulation).
    (d) Audits Required.--The Secretary of Transportation shall--
            (1) develop a program to audit response plans for rail 
        carriers of oil to ensure that adequate provisions are in 
        place--
                    (A) to respond to and remove a worst-case discharge 
                to the maximum extent practicable; and
                    (B) to mitigate or prevent a substantial threat of 
                a worst-case discharge; and
            (2) audit rail carriers of oil to ensure that the shippers 
        and rail carriers with respect to transporting oil by 
        railroad--
                    (A) are using appropriate hazardous materials 
                shipping classifications;
                    (B) have developed transportation safety and 
                security plans; and
                    (C) have made adequate provisions for safety and 
                security.
    (e) Savings Provision.--Nothing in this section may be construed to 
prohibit the Secretary of Transportation from issuing, by regulation or 
order, a requirement for comprehensive response plans for railroads 
transporting oil or ethanol that is more stringent than the 
requirements under subsection (b).

SEC. 9. DISCLOSURE REQUIREMENT.

    (a) In General.--A rail carrier may not operate any high-hazard 
flammable train in any State until the rail carrier has provided the 
Emergency Response Commission for such State and any local emergency 
planning committee along the route such train will operate with--
            (1) a reasonable estimate of the number of such trains that 
        are expected to travel, per week, through the State;
            (2) a description of the flammable liquid expected to be 
        transported through the State, in accordance with subpart C of 
        part 172 of title 49, Code of Federal Regulations;
            (3) all applicable emergency response information required 
        under subpart G of such part;
            (4) the identification of the routes over which the oil or 
        ethanol will be transported; and
            (5) the contact information for at least 1 point of contact 
        at the rail carrier responsible for serving as the point of 
        contact for the State Emergency Response Commission and 
        relevant emergency responders.
    (b) Savings Provision.--Nothing in this section may be construed to 
prohibit the Secretary of Transportation from issuing, by regulation or 
order, a disclosure requirement for high-hazard flammable train 
movement that is wider than the requirements under subsection (a).

SEC. 10. EMERGENCY RESPONSE RESOURCE INVENTORY.

    (a) In General.--Rail carriers shall collaborate to develop an 
inventory of emergency response resources along routes over which 1 or 
more high-hazard flammable trains operate for responding to worst case 
discharges resulting from accidents involving unit trains or blocks of 
tank cars transporting Class 3 flammable liquids in the event of an 
incident.
    (b) Inclusions.--The inventory developed pursuant to subsection (a) 
shall include--
            (1) a detailed description of the type and quantity of 
        private emergency response resources;
            (2) sufficient equipment to respond to a worst case 
        discharge from accidents involving unit trains or blocks of 
        tank cars;
            (3) sufficient equipment to respond to a fire or explosion 
        that could result from a worst case discharge from accidents 
        involving unit trains or blocks of tank cars;
            (4) locations for the staging of emergency response 
        equipment; and
            (5) contacts for the notification of communities, as 
        appropriate.
    (c) Access.--Rail carriers shall--
            (1) provide the Department of Transportation with access to 
        the inventory developed under this section; and
            (2) make relevant information from the inventory, upon 
        request, available to emergency responders located along 
        identified routes over which 1 or more high-hazard flammable 
        trains operate.

SEC. 11. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 20168. Confidential close call reporting systems
    ``(a) Rulemaking.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of the Crude-By-Rail Safety Act, the Secretary of 
        Transportation shall promulgate regulations setting forth the 
        requirements for an applicable railroad carrier to follow in 
        establishing a confidential close call reporting system 
        program.
            ``(2) Considerations.--The Secretary may use any 
        information and experience gathered through research and pilot 
        programs on confidential close call reporting systems in 
        developing the regulations, including continuing the use of 
        third parties for the collection of close call reports and 
        distribution of close call data. The Secretary shall ensure 
        that an applicable railroad carrier's employees receive 
        protection under its program from any related Federal Railroad 
        Administration enforcement actions.
    ``(b) Program Development and Oversight.--
            ``(1) In general.--Not later than 180 days after the date 
        of the final regulations under subsection (a), an applicable 
        railroad carrier shall develop a proposed program and submit it 
        to the Secretary of Transportation for review and approval.
            ``(2) Contents.--A railroad carrier shall describe its 
        proposed program's core principles and values, explain the 
        rights, roles, and responsibilities of program stakeholders, 
        identify concerns and interests, and describe how the program 
        will operate.
            ``(3) Review.--
                    ``(A) In general.--The Secretary shall review and 
                approve or disapprove each proposed program within a 
                reasonable amount of time. If a proposed program is not 
                approved, the Secretary shall notify the applicable 
                railroad carrier in writing as to the specific areas in 
                which the proposed program is deficient. The applicable 
                railroad carrier shall correct all deficiencies within 
                a reasonable period of time following receipt of 
                written notice from the Secretary.
                    ``(B) Updates.--An applicable railroad carrier 
                shall update its program as needed and obtain the 
                Secretary's approval before making any major changes to 
                its program.
                    ``(C) Annual reviews.--The Secretary shall conduct 
                an annual review to ensure that each applicable 
                railroad carrier is in compliance with its program.
    ``(c) In General.--Not later than 2 years after the date of the 
enactment of the Crude-By-Rail Safety Act, each applicable railroad 
carrier shall establish a confidential close call reporting system.
    ``(d) Program Elements.--Each applicable railroad carrier shall--
            ``(1) provide a safe environment for its employees to 
        report unsafe events and conditions;
            ``(2) for unsafe events and conditions reported within the 
        scope of a confidential close call reporting system, ensure its 
        employees are protected from railroad carrier discipline;
            ``(3) use information collected through the confidential 
        close call reporting system to develop and implement targeted 
        corrective actions, as appropriate; and
            ``(4) use information collected by the programs to 
        supplement inspection data in identifying safety issues and 
        emerging risks before they develop into accidents.
    ``(e) Consensus.--
            ``(1) In general.--Each applicable railroad carrier shall 
        consult with, employ good faith with, and use its best efforts 
        to reach agreement with all of its directly affected employees, 
        including any nonprofit employee labor organization 
        representing a class or craft of directly affected employees of 
        the applicable railroad carrier, on the development and 
        implementation of the proposed program.
            ``(2) Statements.--If an applicable railroad carrier and 
        its directly affected employees, including any nonprofit 
        employee labor organization representing a class or craft of 
        directly affected employees of the applicable railroad carrier, 
        cannot reach consensus on the development and implementation of 
        the proposed program, then directly affected employees and such 
        organization may file a statement with the Secretary of 
        Transportation explaining their views on the proposed program 
        on which consensus was not reached. The Secretary shall 
        consider such views during review of the proposed program under 
        subsection (b)(3)(A).
    ``(f) Voluntary Program Establishment.--Any railroad carrier that 
is not an applicable railroad carrier may voluntarily establish a 
program under this section. This section, and any regulations 
promulgated under this section, shall apply to a program that is 
voluntarily established.
    ``(g) Use of Data.--The Secretary of Transportation may use the 
confidential close call reporting data--
            ``(1) when implementing or updating the Federal Railroad 
        Administration's National Inspection Plan;
            ``(2) when performing focused inspections; or
            ``(3) when developing agency rulemakings and guidance, as 
        appropriate.
    ``(h) Definition of Applicable Railroad Carrier.--In this section, 
the term `applicable railroad carrier' means--
            ``(1) a railroad carrier that is a Class I railroad;
            ``(2) a railroad carrier that has inadequate safety 
        performance, as determined by the Secretary; or
            ``(3) a railroad carrier that provides intercity rail 
        passenger or commuter rail passenger transportation.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Transportation such sums as may be 
necessary to implement this section and to support the nationwide 
implementation, as the Secretary determines appropriate, of 
confidential close call reporting system programs.''.
    (b) Clerical Amendment.--The table of contents for subchapter II of 
chapter 201 of title 49, United States Code, is amended by adding at 
the end the following:

``20168. Confidential close call reporting systems.''.

SEC. 12. HIGH-HAZARD FLAMMABLE TRAIN LIABILITY STUDY.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Transportation shall contract 
with the Transportation Research Board of the National Academy of 
Sciences to conduct a study on high-hazard flammable train liability.
    (b) Purpose.--The study conducted under subsection (a) shall 
evaluate--
            (1) the level of insurance, including self insurance, 
        available in the private market against the full liability 
        potential for damages arising from an incident involving a 
        high-hazard flammable train;
            (2) the ability of the level and availability of insurance 
        referred to in paragraph (1)--
                    (A) to address externalities that exist because of 
                gaps between insurance coverage and liability risk;
                    (B) to equitably allocate risk and financial 
                responsibility for claims;
                    (C) to ensure that rail carriers have sufficient 
                financial capacity to pay claims to those affected by 
                high consequence incidents in a timely manner; and
                    (D) to ensure that rail carriers and shippers of 
                high-hazard flammable trains can continue to operate 
                despite the risk of catastrophic disaster; and
            (3) the potential applicability to high-hazard flammable 
        trains of--
                    (A) a liability regime modeled after section 170 of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2210); and
                    (B) a liability regime modeled after subtitle 2 of 
                title XXI of the Public Health Service Act (42 U.S.C. 
                300aa-10 et seq.).
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Transportation Research Board of the National Academy 
of Sciences shall submit a report containing the results of the study 
and recommendations for addressing high hazard flammable train 
liability issues to--
            (1) the Secretary of Transportation;
            (2) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (3) the Committee on Transportation and Infrastructure of 
        the House of Representatives.

SEC. 13. REVIEW AND RECOMMENDATIONS.

    (a) In General.--The Secretary of Transportation, in cooperation 
with the Secretary of Energy, the Secretary of Homeland Security, the 
Commanding General of the United States Army Corps of Engineers, and 
the Administrator of the Environmental Protection Agency, shall conduct 
a comprehensive review of existing regulations for energy products that 
are transported by all modes of transportation.
    (b) Review Elements.--The review under subsection (a) shall assess 
the effectiveness of existing regulations and industry capability--
            (1) to improve the safety of energy product transportation 
        through populated or environmentally sensitive areas;
            (2) to maximize, to the extent possible, the stability and 
        uniformity of energy products prior to transportation;
            (3) to eliminate the occurrence of accidents involving 
        transportation of such products, and minimize the severity of 
        such accidents should they occur;
            (4) to minimize energy product routing through populated or 
        environmentally sensitive areas;
            (5) to reduce the environmental impact of transporting, 
        loading, or unloading energy products;
            (6) to improve the security of energy product 
        transportation; and
            (7) to prepare for an appropriate emergency response to 
        accidents.
    (c) Submission of Review and Recommendations.--Not later than June 
30, 2016, the Secretary of Transportation, in cooperation with the 
Secretary of Energy, the Secretary of Homeland Security, the Commanding 
General of the United States Army Corps of Engineers, and the 
Administrator of the Environmental Protection Agency, shall submit the 
results of the review under subsection (a) to Congress, in conjunction 
with recommendations for--
            (1) improving all aspects of energy product transport by 
        all transportation modes;
            (2) regulatory measures that the Secretary of 
        Transportation is authorized to undertake that would improve 
        the safety and reduce the environmental and community impact of 
        transporting energy products; and
            (3) legislative changes that should be made to improve the 
        safety and reduce the environmental and community impact of 
        transporting energy products.
                                 <all>