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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1175 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1175

 To improve the safety of hazardous materials rail transportation, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2015

  Mr. Wyden (for himself, Mrs. Feinstein, Mr. Schumer, Mr. Brown, Mr. 
Casey, Mr. Warner, Mr. Merkley, and Mr. Kaine) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To improve the safety of hazardous materials rail transportation, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Hazardous 
Materials Rail Transportation Safety Improvement Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--CREATION AND FUNDING OF HAZARDOUS LIQUIDS RAIL SPILL LIABILITY 
                                ACCOUNT

Sec. 101. Establishment of a Hazardous Liquids Rail Spill Liability 
                            Account within the Oil Spill Liability 
                            Trust Fund.
Sec. 102. Hazardous substances discharges.
Sec. 103. Fee on certain hazardous flammable liquids transported by 
                            rail.
Sec. 104. Qualified tank car conversion expenses.
                         TITLE II--PREPAREDNESS

Sec. 201. High hazard rail shipments preparedness training standards.
Sec. 202. High hazard rail shipments preparedness grants.
Sec. 203. High hazard rail shipments training grants.
Sec. 204. Track relocation and railroad inspection safety grants.
Sec. 205. Implementing recommendations of the National Transportation 
                            Safety Board.
                       TITLE III--DATA COLLECTION

Sec. 301. National preparedness survey.
Sec. 302. Hazardous materials rail car census.
Sec. 303. Energy train data collection.
Sec. 304. Train length study.
               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.

TITLE I--CREATION AND FUNDING OF HAZARDOUS LIQUIDS RAIL SPILL LIABILITY 
                                ACCOUNT

SEC. 101. ESTABLISHMENT OF A HAZARDOUS LIQUIDS RAIL SPILL LIABILITY 
              ACCOUNT WITHIN THE OIL SPILL LIABILITY TRUST FUND.

    (a) In General.--Section 9509 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(g) Establishment of Hazardous Liquids Rail Spill Liability 
Account.--
            ``(1) Creation of account.--There is established in the Oil 
        Spill Liability Trust Fund a separate account to be known as 
        the `Hazardous Liquids Rail Spill Liability Account' consisting 
        of such amounts as may be transferred or credited to the 
        Hazardous Liquids Rail Spill Liability Account as provided in 
        this section or section 9602(b).
            ``(2) Transfers to hazardous liquids rail spill liability 
        account.--The Secretary of the Treasury shall transfer to the 
        Hazardous Liquids Rail Spill Liability Account the following 
        amounts:
                    ``(A) Amounts received after the date of the 
                enactment of this subsection in the Oil Spill Liability 
                Trust fund under paragraphs (2), (3), and (8) of 
                subsection (b) and which are attributable to discharges 
                of oil (within the meaning of section 311 of the 
                Federal Water Pollution Control Act) resulting from 
                rail transportation of such oil.
                    ``(B) Amounts recovered on behalf of the Hazardous 
                Liquids Rail Spill Liability Account under the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980.
            ``(3) Expenditures from account.--
                    ``(A) In general.--Amounts in the Hazardous Liquids 
                Rail Spill Liability Account shall be available, as 
                provided in appropriations Acts or section 6002(b) of 
                the Oil Pollution Act of 1990, for making expenditures 
                only for the following purposes:
                            ``(i) Any purpose which is described in 
                        subparagraph (A) or (D) of subsection (c)(1) 
                        and which are attributable to discharges of oil 
                        (within the meaning of section 311 of the 
                        Federal Water Pollution Control Act) resulting 
                        from rail transportation of such oil.
                            ``(ii) Any response action for which there 
                        is an authorization under section 104 of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (as in 
                        effect on the date of the enactment of this 
                        subsection) and which is attributable to 
                        releases of hazardous substances (within the 
                        meaning of section 101 of the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980) resulting from rail 
                        transportation of such hazardous substances.
                    ``(B) Transfers for certain grants, surveys, 
                studies, and reports.--The Secretary shall pay from 
                time to time from the Hazardous Liquids Rail Spill 
                Liability Account into the general fund of the Treasury 
                amounts equivalent to amounts appropriated for purposes 
                of--
                            ``(i) awarding grants authorized under 
                        subsections (a)(1)(C) and (b)(1)(B) of section 
                        5116 of title 49, United States Code,
                            ``(ii) awarding grants authorized under 
                        section 205 of the Hazardous Materials Rail 
                        Transportation Safety Improvement Act of 2015,
                            ``(iii) carrying out the national 
                        preparedness survey conducted under section 301 
                        of the Hazardous Materials Rail Transportation 
                        Safety Improvement Act of 2015,
                            ``(iv) carrying out energy train data 
                        collection under section 303 of the Hazardous 
                        Materials Rail Transportation Safety 
                        Improvement Act of 2015,
                            ``(v) carrying out the crude oil train 
                        study conducted under section 304 of the 
                        Hazardous Materials Rail Transportation Safety 
                        Improvement Act of 2015, and
                            ``(vi) carrying out the train length study 
                        under section 305 of the Hazardous Materials 
                        Rail Transportation Safety Improvement Act of 
                        2015.
                    ``(C) Transfers related to qualified tank car 
                conversion credit.--The Secretary shall pay from time 
                to time from the Hazardous Liquids Rail Spill Liability 
                Account into the general fund of the Treasury amounts 
                (as determined by the Secretary) equivalent to the 
                gross amount of credits determined under section 
                45S(a), as estimated by the Secretary.''.
    (b) Conforming Amendments.--
            (1) Section 9509(c)(1) of the Internal Revenue Code of 1986 
        is amended by striking ``Amounts'' and inserting ``Except as 
        provided in subsection (g), amounts''.
            (2) Section 9509(c)(2) of such Code is amended by inserting 
        ``(determined without regard to any amount in the Hazardous 
        Liquids Rail Spill Liability Account)'' after ``in such Trust 
        Fund''.
            (3) Section 9509(f) of such Code is amended by inserting 
        ``or (g)(3)'' after ``(c)(1)''.

SEC. 102. HAZARDOUS SUBSTANCES DISCHARGES.

    (a) Elements of Liability.--Section 1002(a) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2702(a)) is amended by inserting ``or a 
discharge of oil posing a substantial threat to public health or 
welfare as described in section 311(c)(2) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(c)(2)) and resulting from rail 
transportation of such oil'' after ``economic zone''.
    (b) Designation of Hazardous Substances.--Section 311(b)(2)(A) of 
the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(2)(A)) is 
amended--
            (1) by inserting ``(i)'' before ``The Administrator''; and
            (2) by adding at the end the following:
            ``(ii) Rail transportation materials.--For purposes of this 
        section and section 101(14) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601(14)), the Administrator shall designate as a hazardous 
        substance any hazardous material described in section 172.101 
        of title 49, Code of Federal Regulations (or a successor 
        regulation), that is designated as a Class 3 material in 
        packing group I, II, or III and discharged due to rail 
        transportation.''.

SEC. 103. FEE ON CERTAIN HAZARDOUS FLAMMABLE LIQUIDS TRANSPORTED BY 
              RAIL.

    (a) Imposition.--
            (1) In general.--Chapter 38 of the Internal Revenue Code of 
        1986 is amended by adding at the end the following new 
        subchapter:

    ``Subchapter E--Hazardous Flammable Liquids Transported by Rail

``Sec. 4691. Imposition.

``SEC. 4691. IMPOSITION.

    ``(a) In General.--There is hereby imposed a fee at the rate 
specified in subsection (b) on--
            ``(1) the placement of any hazardous flammable liquids into 
        a DOT-111 tank car at any location in the United States, and
            ``(2) the entry into the United States of any DOT-111 tank 
        car carrying any hazardous flammable liquids.
    ``(b) Rate.--The rate imposed by this section is--
            ``(1) $175 in the case of any placement or entry before 
        January 1, 2017,
            ``(2) $350 in the case of any placement or entry after 
        December 31, 2016, and before January 1, 2018,
            ``(3) $700 in the case of any placement or entry after 
        December 31, 2017, and before January 1, 2019, and
            ``(4) $1,400 in the case of any placement or entry after 
        December 31, 2018.
    ``(c) Persons Liable.--
            ``(1) Placement into tank car.--The fee imposed by 
        subsection (a)(1) shall be paid by the person who offers the 
        hazardous flammable liquid for transportation in the DOT-111 
        tank car into which such hazardous flammable liquid is placed.
            ``(2) Entry of tank car into united states.--The fee 
        imposed by subsection (a)(2) shall be paid by the person 
        entering the hazardous flammable liquid contained in a DOT-111 
        tank car into the United States.
    ``(d) Special Rules.--
            ``(1) Treatment of multiple placements.--No fee shall be 
        imposed under subsection (a)(1) with respect to any placement 
        of hazardous flammable liquids into a DOT-111 tank car if--
                    ``(A) a fee has already been imposed with respect 
                to hazardous flammable liquids in such tank car under 
                subsection (a), and
                    ``(B) no hazardous flammable liquid has been 
                removed from such tank car after the first imposition 
                of such fee.
        Under regulations prescribed by the Secretary, this paragraph 
        shall not apply to any placement made for the purposes of 
        avoiding the fee under this subchapter.
            ``(2) Only 1 fee imposed with respect to any product.--No 
        fee shall be imposed under subsection (a) with respect to any 
        hazardous flammable liquid if the person who would be liable 
        for such fee establishes that a prior fee imposed by such 
        subsection has been imposed with respect to the same such 
        hazardous flammable liquid. For purposes of the preceding 
        sentence, any hazardous flammable liquid which has been 
        substantially changed into another hazardous flammable liquid 
        shall not be treated as the same hazardous flammable liquid.
    ``(e) Definitions and Other Rules.--For purposes of this section--
            ``(1) Hazardous flammable liquid.--The term `hazardous 
        flammable liquid' means any liquid which--
                    ``(A) is listed in the hazardous materials table 
                contained in section 172.101 of title 49, Code of 
                Federal Regulations,
                    ``(B) is identified on such table as hazard class 
                or division 3, and
                    ``(C) is assigned on such table to packing group I, 
                II, or III.
            ``(2) DOT-111 tank car.--The term `DOT-111 Tank Car' means 
        a rail tank car that--
                    ``(A) meets the specifications for Class DOT-111 
                tank cars set forth in subpart D of part 179 of title 
                49, Code of Federal Regulations, as in effect on the 
                date of the enactment of this section, and
                    ``(B) does not meet the requirements of--
                            ``(i) in the case of any placement or entry 
                        during a period in which the enhanced tank car 
                        final rule is in effect, such enhanced tank car 
                        final rule (as in effect on the date of such 
                        placement or entry), and
                            ``(ii) in the case of any other placement 
                        or entry, the requirements of Casualty 
                        Prevention Circular 1232, as issued by the 
                        Association of American Railroads on August 31, 
                        2011.
            ``(3) Person who offers.--
                    ``(A) In general.--The term `person who offers' 
                means any person who tenders or makes the hazardous 
                flammable liquid available to a carrier for 
                transportation in commerce.
                    ``(B) Special rule.--A carrier is not a person who 
                offers when it transfers a hazardous material to 
                another carrier for continued transportation in 
                commerce.
                    ``(C) Terms.--Any term used in this paragraph which 
                is defined in section 171.8 of title 49, Code of 
                Federal Regulations, shall have the meaning given such 
                term under such section.
            ``(4) Enhanced tank car final rule.--The term `enhanced 
        tank car final rule' means any final rule promulgated by the 
        Pipeline and Hazardous Materials Safety Administration that is 
        a successor to the proposed rule entitled `Enhanced Tank Car 
        Standards and Operational Controls for High-Hazard Flammable 
        Trains', published by such Administration in the Federal 
        Register on August 1, 2014 (79 Fed. Reg. 45015; Docket No. 
        PHMSA-2012-0082 (HM-251)).
            ``(5)  Treatment of fee.--The fee imposed under this 
        section shall be paid upon notice and demand, and shall be 
        assessed, collected, and paid in the same manner as taxes. Any 
        reference in this title (except subchapter B of chapter 63) to 
        any tax imposed by this title shall be deemed to also refer to 
        the fee imposed by this section.''.
            (2) Clerical amendment.--The table of subchapters for 
        chapter 38 of the Internal Revenue Code of 1986 is amended by 
        adding at the end the following new item:

   ``subchapter e. hazardous flammable liquids transported by rail''.

    (b) Deposit of Amounts Into Oil Spill Liability Trust Fund.--
            (1) In general.--Section 9509(b) of the Internal Revenue 
        Code of 1986 is amended by striking ``and'' at the end of 
        paragraph (7), by striking the period at the end of paragraph 
        (8) and inserting ``, and'', and by adding at the end the 
        following new paragraph:
            ``(9) amounts received in the Treasury under section 
        4691.''.
            (2) Transfer to hazardous liquids rail spill liability 
        account.--Paragraph (2) of section 9509(g) of such Code, as 
        added by section 101, is amended by adding at the end the 
        following new subparagraph:
                    ``(C) Amounts received in the Oil Spill Liability 
                Trust fund under subsection (b)(9).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to placements and entries occurring in calendar quarters 
beginning more than 60 days after the date of the enactment of this 
Act.

SEC. 104. QUALIFIED TANK CAR CONVERSION EXPENSES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 45S. CREDIT QUALIFIED TANK CAR CONVERSION EXPENSES.

    ``(a) General Rule.--For purposes of section 38, the qualified tank 
car conversion credit determined under this section for any taxable 
year is an amount equal to 15 percent of the qualified tank car 
conversion expenses paid or incurred by the taxpayer during the taxable 
year.
    ``(b) Limitation.--The aggregate amount of credit allowed under 
subsection (a) with respect to a taxpayer for any taxable year shall 
not exceed $10,000,000 reduced by the amount of credit allowed under 
subsection (a) to the taxpayer (or any predecessor) for all prior 
taxable years.
    ``(c) Qualified Tank Car Conversion Expenses.--For purposes of this 
section--
            ``(1) In general.--The term `qualified tank car conversion 
        expenses' means any expenditures paid or incurred by the 
        taxpayer in converting a qualified CPC-1232 tank car into a 
        tank car that meets the requirements and standards under the 
        enhanced tank car final rule (as defined in section 4691(e)(4)) 
        (as in effect on the date such expenditures are paid or 
        incurred).
            ``(2) Qualified cpc-1232 tank car.--The term `qualified 
        CPC-1232 tank car' means any tank car that meets the 
        requirements of Casualty Prevention Circular 1232, as issued by 
        the Association of American Railroads on August 31, 2011, 
        which--
                    ``(A) is owned or leased by the taxpayer,
                    ``(B) was placed in service by the taxpayer or 
                leased by the lessee before the date of the enactment 
                of this section, and
                    ``(C) was operated in the United States--
                            ``(i) for more than 180 days during the 12-
                        month period ending on the date of the 
                        enactment of this section, or
                            ``(ii) in the case of a tank car first 
                        placed in service during the 12-month period 
                        described in clause (i), for more than the 
                        number of days prescribed by the Secretary in 
                        regulations.
    ``(d) Special Rules.--
            ``(1) Aggregation rules.--For purposes of this section, all 
        persons treated as a single employer under subsection (a) or 
        (b) of section 52, or subsection (m) or (o) of section 414, 
        shall be treated as one person.
            ``(2) Basis adjustment.--For purposes of this subtitle, if 
        a credit is allowed under this section for an expenditure 
        related to property of a character subject to an allowance for 
        depreciation, the basis of such property shall be reduced by 
        the amount of such credit.
            ``(3) Denial of double benefit.--
                    ``(A) Bonus depreciation.--A credit shall not be 
                allowed under this section for any investment for which 
                bonus depreciation is allowed under section 168(k), 
                1400L(b)(1), or 1400N(d)(1).
                    ``(B) Deductions.--No deduction under this subtitle 
                shall be allowed for the portion of the expenses 
                otherwise allowable as a deduction taken into account 
                in determining the credit under this section for the 
                taxable year which is equal to the amount of the credit 
                determined for such taxable year under subsection (a) 
                attributable to such portion. This subparagraph shall 
                not apply to expenses related to property of a 
                character subject to an allowance for depreciation the 
                basis of which is reduced under paragraph (1), or which 
                are described in section 280C(j).
                    ``(C) Consistent treatment by lessor and lessee.--
                In the case of a lease of a qualified CPC-1232 tank 
                car, the qualified tank car conversion credit may only 
                be claimed by the party who is the tax owner of any 
                tangible personal property for which the qualified tank 
                car conversion expenses are paid or incurred.
    ``(e) Termination.--This section shall not apply to expenses paid 
or incurred after December 31, 2018.''.
    (b) Credit To Be Part of General Business Credit.--Section 38(b) of 
the Internal Revenue Code of 1986 is amended by striking ``plus'' at 
the end of paragraph (35), by striking the period at the end of 
paragraph (36) and inserting ``, plus'', and by adding at the end the 
following new paragraph:
            ``(37) the qualified tank car conversion credit determined 
        under section 45S(a).''.
    (c) Conforming Amendments.--
            (1) Section 280C is amended by redesignating the subsection 
        following subsection (h) (relating to qualifying therapeutic 
        discovery project credit) as subsection (i) and by adding at 
        the end the following new subsection:
    ``(j) Qualified Tank Car Conversion Credit.--No deduction shall be 
allowed for that portion of the qualified tank car conversion expenses 
(as defined in section 45S(c)) otherwise allowable as a deduction for 
the taxable year which is equal to the amount of the credit determined 
for such taxable year under section 45S(a), reduced by--
            ``(1) the amount disallowed as a deduction by reason of 
        section 45S(d)(3)(B), and
            ``(2) the amount of any basis reduction under section 
        45S(d)(2).''.
            (2) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 of such Code is amended by adding at 
        the end the following new item:

``Sec. 45S. Credit qualified tank car conversion expenses.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to expenses paid or incurred after the date of the enactment of 
this Act, in taxable years ending after such date.

                         TITLE II--PREPAREDNESS

SEC. 201. HIGH HAZARD RAIL SHIPMENTS PREPAREDNESS TRAINING STANDARDS.

    (a) Definitions.--Section 5102 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (2) through (14) as 
        paragraphs (3) through (15), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) `flammable liquids or gases' means--
                    ``(A) any `flammable liquid' (as defined in section 
                173.120 of title 49, Code of Federal Regulations); and
                    ``(B) any `flammable gas (Division 2.1)' (as 
                defined in section 173.115 of title 49, Code of Federal 
                Regulations).''.
    (b) Training Standards.--Section 5115(b)(1) of title 49, United 
States Code, is amended--
            (1) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) a recommended course of study to train public 
                sector employees to respond to an accident or incident 
                involving trains transporting at least 20 tank cars of 
                flammable liquids or gases;''.

SEC. 202. HIGH HAZARD RAIL SHIPMENTS PREPAREDNESS GRANTS.

    Section 5116(a) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(C) to develop, improve, and carry out emergency plans 
        for communities through which railroads transport a train or 
        trains transporting at least 20 tank cars of flammable liquids 
        or gases.''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``the Act'' and inserting 
                        ``the Emergency Planning and Community Right-
                        To-Know Act of 1986''; and
                            (ii) by striking ``and'' at the end;
                    (B) in subparagraph (B)--
                            (i) by striking ``under paragraph (1) of 
                        this subsection'' and inserting ``received to 
                        carry out the purposes described in 
                        subparagraph (A) or (B) of paragraph (1)'';
                            (ii) by striking ``the Act'' and inserting 
                        ``such Act''; and
                            (iii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(C) the State or Indian tribe agrees to make available--
                    ``(i) at least 90 percent of the amount of the 
                grant received to carry out the purpose described in 
                paragraph (1)(C) in fiscal years 2016, 2017, and 2018 
                to local emergency planning committees established 
                under such section 301(c) to develop emergency plans 
                under such Act; and
                    ``(ii) at least 75 percent of the amount of the 
                grant received to carry out the purpose described in 
                paragraph (1)(C) in fiscal year 2019, and in each 
                subsequent fiscal year, to local emergency planning 
                committees established under such section 301(c) to 
                develop emergency plans under such Act.''.

SEC. 203. HIGH HAZARD RAIL SHIPMENTS TRAINING GRANTS.

    Section 5116 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively;
                    (B) in paragraph (1)--
                            (i) by striking ``tribes to train'' and 
                        inserting the following: ``tribes--
            ``(A) to train''; and
                            (ii) by striking ``material.'' and all that 
                        follows and inserting the following: 
                        ``material; and
            ``(B) to train public sector employees to respond to 
        accidents and incidents involving trains transporting at least 
        20 tank cars of flammable liquids or gases.'';
                    (C) by inserting after paragraph (1) the following:
    ``(2) To the extent that a grant under paragraph (1) is used to 
train emergency responders, the State or Indian tribe shall provide 
written certification to the Secretary that the emergency responders 
who receive training under the grant will have the ability to protect 
nearby persons, property, and the environment from the effects of 
accidents or incidents involving the transportation of flammable 
liquids or gases in accordance with existing regulations or National 
Fire Protection Association standards for competence of responders to 
accidents and incidents involving flammable liquids or gases.''; and
                    (D) in paragraph (3), as redesignated--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (C)--
                                    (I) by striking ``under paragraph 
                                (1) of this subsection'' and inserting 
                                ``received to carry out the purpose 
                                described in paragraph (1)(A)''; and
                                    (II) by striking the period at the 
                                end, and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(D) to a State or Indian tribe that agrees to make 
        available--
                    ``(i) at least 90 percent of the amount of the 
                grant received to carry out the purpose described in 
                paragraph (1)(B) in fiscal years 2016, 2017, and 2018 
                to local emergency planning committees established 
                under section 301(c) of the Emergency Planning and 
                Community Right-To-Know Act of 1986 (42 U.S.C. 1101(c)) 
                to develop emergency plans under such Act; and
                    ``(ii) at least 75 percent of the amount of the 
                grant received to carry out the purpose described in 
                paragraph (1)(B) in fiscal year 2019, and in each 
                subsequent fiscal year, to local emergency planning 
                committees established under such section 301(c) to 
                develop emergency plans under such Act.'';
            (2) by redesignating subsections (f), (g), (h), (i), (j), 
        and (k) as subsections (g), (h), (i), (j), (k), and (l) 
        respectively; and
            (3) by inserting after subsection (e) the following:
    ``(f) Federal Share of Costs for High Hazard Train Grants.--The 
Federal share of each grant awarded under subsections (a)(1)(C) and 
(b)(1)(B) shall be--
            ``(1) 100 percent of the eligible costs incurred by the 
        State or Indian tribe in fiscal years 2015, 2016, and 2017; and
            ``(2) 80 percent of the eligible costs incurred by the 
        State or Indian tribe in fiscal year 2018 and each subsequent 
        fiscal year.''.

SEC. 204. TRACK RELOCATION AND RAILROAD INSPECTION SAFETY GRANTS.

    (a) Defined Term.--In this section, the term ``flammable liquids or 
gases'' means--
            (1) any ``flammable liquid'' (as defined in section 173.120 
        of title 49, Code of Federal Regulations); and
            (2) any ``flammable gas (Division 2.1)'' (as defined in 
        section 173.115 of title 49, Code of Federal Regulations).
    (b) Establishment of Program.--The Secretary of Transportation 
shall carry out a grant program to provide financial assistance for 
local projects, activities, and personnel that mitigate the impacts of, 
and public health or environmental risks associated with, the transport 
of flammable liquids or gases by rail.
    (c) Eligibility.--A State or political subdivision of a State is 
eligible to receive a grant under this section, to the extent the 
project or activity is consistent with the goals under subsection (b), 
for--
            (1) projects eligible for assistance under section 20154 of 
        title 49, United States Code; or
            (2) State rail safety participation under section 20105 of 
        title 49, United States Code.
    (d) Project Selection Criteria.--In determining whether to award a 
grant to an eligible recipient under this section, the Secretary shall 
consider--
            (1) the volume of flammable liquids or gases being 
        transported by rail through a relevant State or community; and
            (2) the extent to which the project or activity will 
        mitigate risk factors associated with rail transportation of 
        flammable liquids or gases, including reducing risks to--
                    (A) public safety;
                    (B) the environment; and
                    (C) public or private property.
    (e) Non-Federal Share.--
            (1) Maximum federal share.--Notwithstanding the limitation 
        set forth in section 20105(e) of title 49, United States Code, 
        the Federal share of project costs under this section may be up 
        to 90 percent.
            (2) Method of payment.--The non-Federal share of project 
        costs under this section may be paid in cash or in kind from a 
        grantee or a private entity involved with the project.
    (f) Agreements.--As a condition of awarding any grant under this 
section for a project that uses rights-of-way owned by a railroad, the 
Secretary shall require that a written agreement exist between the 
applicant and the railroad regarding such use.

SEC. 205. IMPLEMENTING RECOMMENDATIONS OF THE NATIONAL TRANSPORTATION 
              SAFETY BOARD.

    (a) Implementation of Certain NTSB Recommendations by the Federal 
Railroad Administration.--Not later than 1 year after the date of the 
enactment of this Act, the Administrator of the Federal Railroad 
Administration shall implement the following recommendations of the 
National Transportation Safety Board:
            (1) Recommendation R-7-2, dated April 25, 2007 (relating to 
        real-time information regarding the identity and location of 
        all hazardous materials on a train).
            (2) Recommendation R-14-14, dated August 22, 2014 (relating 
        to railroads providing communities and States with current 
        commodity flow data and assisting with development of emergency 
        operation and response plans).
            (3) Recommendation R-14-18, dated August 22, 2014 (relating 
        to ensuring that emergency response information carried by 
        train crews is consistent with the Emergency Response 
        Guidebook).
            (4) Recommendations R-14-75 and R-14-76, dated December 30, 
        2014 (relating to allowable limits for track conditions).
    (b) Implementation of NTSB Recommendation by the Pipelines and 
Hazardous Materials Safety Administration.--Not later than 1 year after 
the date of the enactment of this Act, the Administrator of the 
Pipelines and Hazardous Materials Safety Administration shall implement 
National Transportation Safety Board Recommendation R-14-19, dated 
August 22, 2014 (relating to developing, implementing and periodically 
evaluating requirements for railroads that transport hazardous 
materials to conduct public education programs for communities along 
railroad hazardous materials routes).
    (c) Determinations With Respect to Pending Recommendations.--Not 
later than 1 year after the date of the enactment of this Act, and 
annually thereafter until the recommendations described in subsections 
(a) and (b) have been implemented, the Administrator of the Federal 
Railroad Administration and the Administrator of the Pipelines and 
Hazardous Materials Safety Administration shall submit a report to the 
congressional committees referred to in section 301(2) that describes--
            (1) the progress made in implementing each recommendation 
        required under subsection (a) or (b), as applicable; and
            (2) if any of the required recommendations have not been 
        fully implemented, the reasons for such failure.

                       TITLE III--DATA COLLECTION

SEC. 301. NATIONAL PREPAREDNESS SURVEY.

    Not later than 18 months after the date of the enactment of this 
Act, the Secretary of Transportation shall--
            (1) conduct a study of--
                    (A) the routes of trains transporting at least 20 
                tank cars of flammable liquids or gases; and
                    (B) the availability of equipment and fire-fighting 
                materials appropriate for a large-scale release of 
                flammable liquids or gases along the routes described 
                in subparagraph (A);
            (2) submit a report containing the results of the study 
        conducted under paragraph (1) to--
                    (A) the Committee on Finance of the Senate;
                    (B) the Committee on Environment and Public Works 
                of the Senate;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate;
                    (D) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (E) the Committee on Ways and Means of the House of 
                Representatives;
                    (F) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (G) the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
            (3) make the results of the study conducted under paragraph 
        (1) available to the public, including on an Internet website.

SEC. 302. HAZARDOUS MATERIALS RAIL CAR CENSUS.

    (a) Data Collection.--As part of the 2017, 2022, and 2027 
quinquennial Commodity Flow Surveys authorized under section 131 of 
title 13, United States Code, the Secretary of Commerce, in 
coordination with the Secretary of Transportation, shall determine the 
number and types of rail tank cars used to carry Class 3 hazardous 
materials (as defined in section 172.101 of title 49, Code of Federal 
Regulations).
    (b) Reporting.--Not later than June 30 of the year immediately 
following the year in which a survey described in subsection (a) is 
conducted, the Secretary of Commerce shall--
            (1) submit a report containing the information described in 
        subsection (a) to the congressional committees referred to in 
        section 301(2); and
            (2) make the information described in subsection (a) 
        available to the public, including on an Internet website.

SEC. 303. ENERGY TRAIN DATA COLLECTION.

    Beginning not later than 1 year after the date of the enactment of 
this Act, the Energy Information Administrator, in coordination with 
the Secretary of Transportation, shall--
            (1) conduct a quarterly survey to collect information 
        regarding--
                    (A) the volume of flammable energy products 
                transported by rail, including--
                            (i) petroleum crude oil;
                            (ii) ethanol;
                            (iii) liquefied natural gas; and
                            (iv) other petroleum products; and
                    (B) the origins and destinations of the products 
                described in subparagraph (A);
            (2) submit a quarterly report containing the results of the 
        surveys conducted under paragraph (1) to the congressional 
        committees referred to in section 301(2); and
            (3) make the information described in paragraph (1) 
        available to the public, including on an Internet website.

SEC. 304. TRAIN LENGTH STUDY.

    (a) In General.--The Secretary of Transportation shall conduct a 
study to determine whether train length correlates with the severity 
and frequency of train derailments.
    (b) Study Components.--In carrying out the study required under 
subsection (a), the Secretary shall--
            (1) analyze the risks to public health, public safety, the 
        environment, and property that are associated with transporting 
        large volumes of hazardous materials in unit trains;
            (2) compile a list of all train accidents involving unit 
        trains of hazardous materials; and
            (3) identify best practices to mitigate or reduce the 
        frequency and severity of accidents involving unit trains.
    (c) Submission.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of Transportation shall--
            (1) submit a report containing the results of the study 
        conducted under this section to the congressional committees 
        referred to in section 301(2); and
            (2) make the results of the study available to the public.

               TITLE IV--AUTHORIZATION OF APPROPRIATIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    (a) High Hazard Rail Shipments Preparedness and Training Grants.--
            (1) In general.--There is authorized to be appropriated 
        $15,000,000 in each of the fiscal years 2016, 2017, and 2018 
        for grants authorized under subsections (a)(1)(C) and (b)(1)(B) 
        of section 5116 of title 49, United States Code, as added by 
        sections 202 and 203.
            (2) Availability.--Of the amounts appropriated pursuant to 
        paragraph (1)--
                    (A) the amounts appropriated for fiscal year 2016 
                shall remain available until September 30, 2017; and
                    (B) the amounts appropriated for fiscal year 2017 
                shall remain available until September 30, 2018.
    (b) Track Relocation and Railroad Inspection Safety Grants.--There 
is authorized to be appropriated $25,000,000 in each of the fiscal 
years 2016, 2017, 2018, and 2019 for grants authorized under section 
204.
    (c) Data Collection.--
            (1) National preparedness study.--There is authorized to be 
        appropriated $5,000,000 to carry out section 301.
            (2) Energy train data collection.--There is authorized to 
        be appropriated $5,000,000 to carry out section 303.
            (3) Train length study.--There is authorized $5,000,000 to 
        carry out section 304.
    (d) CERCLA.--There is authorized to be appropriated $100,000,000 to 
carry out section 104 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604) only with 
respect to actions attributable to releases of hazardous substances 
(within the meaning of section 101 of such Act (42 U.S.C. 9601)) 
resulting from rail transportation of such hazardous substances. Any 
sums so appropriated shall remain available until expended.
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