I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Community Protection 

5 and Preparedness Act of 2017’’. 

6 SEC. 2. RAIL SPILL PREPAREDNESS FUND. 

7 (a) IN GENERAL.—Chapter 51 of title 49, United 

8 States Code, is amended by inserting after section 5110 

9 the following: 


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1 ‘‘§ 5111. Rail spill preparedness fund 

2 ‘‘(a) ESTABLISHMENT OF RAIL ACCOUNT.—There is 

3 established in the Oil Spill Liability Trust Fund a sepa4 rate account to be known as the ‘Rail Account’ consisting 

5 of such amounts as may be appropriated, credited, depos6 ited, or transferred to such account as provided in this 

7 section. 

8 ‘‘(b) FEE FOR CERTAIN RAILROAD TANK CARS

9 TRANSPORTING CLASS 3 FLAMMABLE LIQUIDS.—Not 

10 later than October 1, 2017, and annually thereafter, the 

11 Secretary shall impose a fee of $1,500 for each DOT–111 

12 specification railroad tank car, including each CPC–1232 

13 tank car, used to transport Class 3 flammable liquids dur14 ing the previous fiscal year that, at the time such tank 

15 car was used, did not meet the DOT–117, DOT–117P, 

16 or DOT–117R specifications in part 179 of title 49, Code 

17 of Federal Regulations. Such fee shall be— 

18 ‘‘(1) paid by each person who causes such liq19 uids to be transported by such a tank car in com20 merce; and 

21 ‘‘(2) imposed regardless of— 

22 ‘‘(A) train composition; or 

23 ‘‘(B) the phase-out schedule under section 

24 7304(b) of the FAST Act (49 U.S.C. 20155 

25 note). 


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1 ‘‘(c) LIMITATION.—A fee imposed pursuant to sub2 section (b) may not be imposed on a railroad carrier that 

3 transports Class 3 flammable liquids. 

4 ‘‘(d) MEANS OF COLLECTION.—The Secretary shall 

5 prescribe procedures to collect the fees described in sub6 section (b). The Secretary may use a department, agency, 

7 or instrumentality of the United States Government or of 

8 a State or local government to collect the fee and may 

9 reimburse the department, agency, or instrumentality a 

10 reasonable amount for its services. 

11 ‘‘(e) DEPOSITS.—Amounts equivalent to the fees col12 lected pursuant to subsection (b) shall be deposited into 

13 the Rail Account. 

14 ‘‘(f) EXPENDITURES.—Amounts deposited pursuant 

15 to subsection (e) shall be available to the Secretary, with16 out need of further appropriation, only for the following 

17 purposes: 

18 ‘‘(1) The payment of removal and remediation 

19 costs and other costs, expenses, claims, and damages 

20 related to an accident or incident involving the 

21 transportation of Class 3 flammable liquids by rail. 

22 ‘‘(2) For the Secretary to make grants to 

23 States and Indian tribes to— 

24 ‘‘(A) to develop, improve, and carry out 

25 emergency plans under the Emergency PlanVerDate Sep 11 2014 04:18 May 02, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2223.IH H2223

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1 ning and Community Right-To-Know Act of 

2 1986 (42 U.S.C. 11001 et seq.) related to an 

3 accident or incident involving the transportation 

4 of Class 3 flammable liquids by rail, including 

5 ascertaining flow patterns of Class 3 flammable 

6 liquids on lands under the jurisdiction of a 

7 State or Indian tribe and lands of another State 

8 or Indian tribe; 

9 ‘‘(B) to develop and train regional haz10 ardous material emergency response teams to 

11 prepare for an accident or incident involving the 

12 transportation of Class 3 flammable liquids by 

13 rail; 

14 ‘‘(C) to train public sector employees to re15 spond to accidents and incidents involving the 

16 transportation of Class 3 flammable liquids by 

17 rail consistent with the requirements of section 

18 5116; and 

19 ‘‘(D) for any other measures that the Sec20 retary, in consultation with States and Indian 

21 tribes, determines necessary to assist such 

22 States and Indian tribes in preparing for acci23 dents and incidents involving the transportation 

24 of Class 3 flammable liquids by rail. 


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1 ‘‘(g) PUBLIC SECTOR TRAINING STANDARDS.—To 

2 the extent that a grant under subsection (f) is used to 

3 train emergency responders, the State or Indian tribe shall 

4 ensure that the emergency responders who receive training 

5 under the grant have the ability to protect nearby persons, 

6 property, and the environment from the effects of acci7 dents or incidents involving the transportation of haz8 ardous material in accordance with existing regulations or 

9 National Fire Protection Association standards for com10 petence of responders to accidents and incidents involving 

11 hazardous materials, including the transportation of Class 

12 3 flammable liquids by rail. 

13 ‘‘(h) NO EFFECT ON COMPLIANCE OR LIABILITY

14 UNDER FEDERAL OR STATE LAW.—Nothing in this sec15 tion may be construed to affect or limit the application 

16 of, obligation to comply with, or liability under any Fed17 eral or State law. 

18 ‘‘(i) DEFINITIONS.— 

19 ‘‘(1) CLASS 3 FLAMMABLE LIQUID.—The term 

20 ‘Class 3 flammable liquid’ has the meaning given the 

21 term flammable liquid in section 173.120(a) of title 

22 49, Code of Federal Regulations. 

23 ‘‘(2) RAILROAD CARRIER.—The term ‘railroad 

24 carrier’ has the meaning given such term in section 

25 20102.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 51 of title 49, United States Code, is amended 

3 by inserting after the item relating to section 5110 the 

4 following new item: 

‘‘5111. Rail spill preparedness fund.’’. 

5 SEC. 3. FINAL RULE ON OIL SPILL RESPONSE PLANS. 

6 Not later than 3 months after the date of enactment 

7 of this Act, the Administrator of the Pipeline and Haz8 ardous Materials Safety Administration shall issue a final 

9 rule relating to the notice of proposed rulemaking issued 

10 on July 29, 2016, entitled ‘‘Hazardous Materials: Oil Spill 

11 Response Plans and Information Sharing for High-Haz12 ard Flammable Trains’’ (81 Fed. Reg. 50067). 

13 SEC. 4. TRACK SAFETY SPECIALISTS. 

14 There are authorized to be appropriated such sums 

15 as may be necessary for the Administrator of the Federal 

16 Railroad Administration to hire a minimum of 2 addi17 tional track safety specialists per region. 

18 SEC. 5. STUDY ON THE ADEQUACY OF CERTAIN TRACK IN19 SPECTIONS AND REGULATIONS. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Secretary of Transportation shall transmit 

22 to the Committee on Transportation and Infrastructure 

23 of the House of Representatives and the Committee on 

24 Commerce, Science, and Transportation of the Senate— 

25 (1) an assessment of the adequacy of— 


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1 (A) railroad track inspections, including 

2 the frequency of inspections; 

3 (B) training provided to railroad track in4 spectors and related railroad personnel; 

5 (C) railroad compliance with Federal track 

6 safety regulations; and 

7 (D) Federal oversight of railroads with re8 spect to track safety; and 

9 (2) an evaluation on the leading causes of track 

10 defects, particularly along routes where passenger 

11 trains, high-hazardous flammable trains, or trains 

12 carrying poisonous or toxic-by-inhalation materials, 

13 explosives, or radioactive material traverse. 

Æ 


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