[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2223 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2223

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2017

Mr. DeFazio (for himself, Mr. Walden, Mr. Blumenauer, and Ms. Bonamici) 
 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 2017''.

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. FINAL RULE ON OIL SPILL RESPONSE PLANS.

    Not later than 3 months after the date of enactment of this Act, 
the Administrator of the Pipeline and Hazardous Materials Safety 
Administration shall issue a final rule relating to the notice of 
proposed rulemaking issued on July 29, 2016, entitled ``Hazardous 
Materials: Oil Spill Response Plans and Information Sharing for High-
Hazard Flammable Trains'' (81 Fed. Reg. 50067).

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.

SEC. 5. STUDY ON THE ADEQUACY OF CERTAIN TRACK INSPECTIONS AND 
              REGULATIONS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Transportation shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate--
            (1) an assessment of the adequacy of--
                    (A) railroad track inspections, including the 
                frequency of inspections;
                    (B) training provided to railroad track inspectors 
                and related railroad personnel;
                    (C) railroad compliance with Federal track safety 
                regulations; and
                    (D) Federal oversight of railroads with respect to 
                track safety; and
            (2) an evaluation on the leading causes of track defects, 
        particularly along routes where passenger trains, high-
        hazardous flammable trains, or trains carrying poisonous or 
        toxic-by-inhalation materials, explosives, or radioactive 
        material traverse.
                                 <all>