521 
tion 173.56(b) of title 49, Code of Federal Regulations, can 
sufficiently perform such examinations in a manner that 
meets the hazardous materials regulations. 
(d) REGULATIONS.—If the report required under sub-
section (a) recommends new regulations in order for the 
Secretary to have confidence in the accuracy of classifica-
tion recommendations rendered by persons approved to per-
form classification examinations required under section 
173.56(b) of title 49, Code of Federal Regulations, the Sec-
retary shall issue such regulations not later than 24 months 
after the date of enactment of this Act. 
SEC. 7008. IMPROVING THE EFFECTIVENESS OF PLANNING 
AND TRAINING GRANTS. 
(a) PLANNING AND TRAINING GRANTS.—Section 5116 
of title 49, United States Code, is amended— 
(1) by redesignating subsections (c) through (k) 
as subsections (b) through (j), respectively, 
(2) by striking subsection (b); and 
(3) by striking subsection (a) and inserting the 
following: 
‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The Sec-
retary shall make grants to States and Indian tribes— 
‘‘(A) to develop, improve, and carry out emer-
gency plans under the Emergency Planning and 
Community Right-To-Know Act of 1986 (42 U.S.C. 
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11001 et seq.), including ascertaining flow patterns of 
hazardous material on lands under the jurisdiction of 
a State or Indian tribe, and between lands under the 
jurisdiction of a State or Indian tribe and lands of 
another State or Indian tribe; 
‘‘(B) to decide on the need for regional hazardous 
material emergency response teams; and 
‘‘(C) to train public sector employees to respond 
to accidents and incidents involving hazardous mate-
rial. 
‘‘(2) To the extent that a grant is used to train emer-
gency responders under paragraph (1)(C), the State or In-
dian tribe shall provide written certification to the Sec-
retary that the emergency responders who receive training 
under the grant will have the ability to protect nearby per-
sons, property, and the environment from the effects of acci-
dents or incidents involving the transportation of hazardous 
material in accordance with existing regulations or Na-
tional Fire Protection Association standards for competence 
of responders to accidents and incidents involving haz-
ardous materials. 
‘‘(3) The Secretary may make a grant to a State or 
Indian tribe under paragraph (1) of this subsection only 
if— 
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‘‘(A) the State or Indian tribe certifies that the 
total amount the State or Indian tribe expends (ex-
cept amounts of the Federal Government) for the pur-
pose of the grant will at least equal the average level 
of expenditure for the last 5 years; and 
‘‘(B) any emergency response training provided 
under the grant shall consist of— 
‘‘(i) a course developed or identified under 
section 5115 of this title; or 
‘‘(ii) any other course the Secretary deter-
mines is consistent with the objectives of this sec-
tion. 
‘‘(4) A State or Indian tribe receiving a grant under 
this subsection shall ensure that planning and emergency 
response training under the grant is coordinated with adja-
cent States and Indian tribes. 
‘‘(5) A training grant under paragraph (1)(C) may 
be used— 
‘‘(A) to pay— 
‘‘(i) the tuition costs of public sector em-
ployees being trained; 
‘‘(ii) travel expenses of those employees to 
and from the training facility; 
‘‘(iii) room and board of those employees 
when at the training facility; and 
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‘‘(iv) travel expenses of individuals pro-
viding the training; 
‘‘(B) by the State, political subdivision, or In-
dian tribe to provide the training; and 
‘‘(C) to make an agreement with a person (in-
cluding an authority of a State, a political subdivi-
sion of a State or Indian tribe, or a local jurisdic-
tion), subject to approval by the Secretary, to provide 
the training— 
‘‘(i) if the agreement allows the Secretary 
and the State or Indian tribe to conduct random 
examinations, inspections, and audits of the 
training without prior notice; 
‘‘(ii) the person agrees to have an auditable 
accounting system; and 
‘‘(iii) if the State or Indian tribe conducts 
at least one on-site observation of the training 
each year. 
‘‘(6) The Secretary shall allocate amounts made avail-
able for grants under this subsection among eligible States 
and Indian tribes based on the needs of the States and In-
dian tribes for emergency response training. In making a 
decision about those needs, the Secretary shall consider— 
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‘‘(A) the number of hazardous material facilities 
in the State or on land under the jurisdiction of the 
Indian tribe; 
‘‘(B) the types and amounts of hazardous mate-
rial transported in the State or on such land; 
‘‘(C) whether the State or Indian tribe imposes 
and collects a fee on transporting hazardous material; 
‘‘(D) whether such fee is used only to carry out 
a purpose related to transporting hazardous material; 
‘‘(E) the past record of the State or Indian tribe 
in effectively managing planning and training 
grants; and 
‘‘(F) any other factors the Secretary determines 
are appropriate to carry out this subsection.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) Section 5108(g) of title 49, United States 
Code, is amended by striking ‘‘5116(i)’’ each place it 
appears and inserting ‘‘5116(h)’’. 
(2) Section 5116 of such title is amended— 
(A) in subsection (d), as redesignated by 
this section, by striking ‘‘subsections (a)(2)(A) 
and 
(b)(2)(A)’’ 
and 
inserting 
‘‘subsection 
(a)(3)(A)’’; 
(B) in subsection (h), as redesignated by 
this section— 
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(i) in paragraph (1) by inserting ‘‘and 
section 5107(e)’’ after ‘‘section’’; 
(ii) in paragraph (2) by striking ‘‘(f)’’ 
and inserting ‘‘(e)’’; and 
(iii) in paragraph (4) by striking 
‘‘5108(g)(2) 
and 
5115’’ 
and 
inserting 
‘‘5107(e) and 5108(g)(2)’’; 
(C) in subsection (i), as redesignated by this 
section, by striking ‘‘subsection (b)’’ and insert-
ing ‘‘subsection (a)’’; and 
(D) in subsection (j), as redesignated by 
this section— 
(i) by striking ‘‘planning grants allo-
cated under subsection (a), training grants 
under subsection (b), and grants under sub-
section (j)’’ and inserting ‘‘planning and 
training grants under subsection (a) and 
grants under subsection (i)’’; and 
(ii) by redesignating subparagraphs 
(A) through (D) as paragraphs (1) through 
(4), respectively. 
(c) ENFORCEMENT PERSONNEL.—Section 5107(e) of 
title 49, United States Code, is amended by inserting ‘‘, 
State and local personnel responsible for enforcing the safe 
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transportation of hazardous materials, or both’’ after 
‘‘hazmat employees’’ each place it appears. 
SEC. 7009. MOTOR CARRIER SAFETY PERMITS. 
Section 5109(h) of title 49, United States Code, is 
amended to read as follows: 
‘‘(h) LIMITATION ON DENIAL.—The Secretary may not 
deny a non-temporary permit held by a motor carrier pur-
suant to this section based on a comprehensive review of 
that carrier triggered by safety management system scores 
or out-of-service disqualification standards, unless— 
‘‘(1) the carrier has the opportunity, prior to the 
denial of such permit, to submit a written description 
of corrective actions taken and other documentation 
the carrier wishes the Secretary to consider, including 
a corrective action plan; and 
‘‘(2) the Secretary determines the actions or plan 
is insufficient to address the safety concerns identified 
during the course of the comprehensive review.’’. 
SEC. 7010. THERMAL BLANKETS. 
(a) REQUIREMENTS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall issue 
such regulations as are necessary to require that each tank 
car built to meet the DOT–117 specification and each non- 
jacketed tank car modified to meet the DOT–117R specifica-
tion be equipped with an insulating blanket with at least 
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1⁄2-inch-thick material that has been approved by the Sec-
retary pursuant to section 179.18(c) of title 49, Code of Fed-
eral Regulations. 
(b) SAVINGS CLAUSE.—Nothing in this section shall 
prohibit the Secretary from approving new or alternative 
technologies or materials as they become available that pro-
vide a level of safety at least equivalent to the level of safety 
provided for under subsection (a). 
SEC. 7011. COMPREHENSIVE OIL SPILL RESPONSE PLANS. 
(a) IN GENERAL.—Chapter 51 of title 49, United 
States Code, is amended by inserting after section 5110 the 
following: 
‘‘§ 5111. Comprehensive oil spill response plans 
‘‘(a) REQUIREMENTS.—Not later than 120 days after 
the date of enactment of this section, the Secretary shall 
issue such regulations as are necessary to require any rail-
road carrier transporting a Class 3 flammable liquid to 
maintain a comprehensive oil spill response plan. 
‘‘(b) CONTENTS.—The regulations under subsection (a) 
shall require each railroad carrier described in that sub-
section to— 
‘‘(1) include in the comprehensive oil spill re-
sponse plan procedures and resources, including 
equipment, for responding, to the maximum extent 
practicable, to a worst-case discharge; 
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‘‘(2) ensure that the comprehensive oil spill re-
sponse plan is consistent with the National Contin-
gency Plan and each applicable Area Contingency 
Plan; 
‘‘(3) include in the comprehensive oil spill re-
sponse plan appropriate notification and training 
procedures and procedures for coordinating with Fed-
eral, State, and local emergency responders; 
‘‘(4) review and update its comprehensive oil 
spill response plan as appropriate; and 
‘‘(5) provide the comprehensive oil spill response 
plan for acceptance by the Secretary. 
‘‘(c) SAVINGS CLAUSE.—Nothing in the section may 
be construed to prohibit the Secretary from promulgating 
differing comprehensive oil response plan standards for 
Class I railroads, Class II railroads, and Class III rail-
roads. 
‘‘(d) RESPONSE PLANS.—The Secretary shall— 
‘‘(1) maintain on file a copy of the most recent 
comprehensive oil spill response plans prepared by a 
railroad carrier transporting a Class 3 flammable liq-
uid; and 
‘‘(2) provide to a person, upon written request, 
a copy of the plan, which may exclude, as the Sec-
retary determines appropriate— 
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‘‘(A) proprietary information; 
‘‘(B) security-sensitive information, includ-
ing information described in section 1520.5(a) of 
title 49, Code of Federal Regulations; 
‘‘(C) specific response resources and tactical 
resource deployment plans; and 
‘‘(D) the specific amount and location of 
worst-case discharges, including the process by 
which a railroad carrier determines the worst- 
case discharge. 
‘‘(e) RELATIONSHIP TO FOIA.—Nothing in this sec-
tion may be construed to require disclose of information or 
records that are exempt from disclosure under section 552 
of title 5. 
‘‘(f) DEFINITIONS.— 
‘‘(1) AREA CONTINGENCY PLAN.—The term ‘Area 
Contingency Plan’ has the meaning given the term in 
section 311(a) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(a)). 
‘‘(2) CLASS
FLAMMABLE
LIQUID.—The term 
‘Class 3 flammable liquid’ has the meaning given the 
term flammable liquid in section 173.120 of title 49, 
Code of Federal Regulations. 
‘‘(3) CLASS
I
RAILROAD; CLASS
II
RAILROAD; 
AND CLASS III RAILROAD.—The terms ‘Class I rail-
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road’, ‘Class II railroad’, and ‘Class III railroad’ 
have the meaning given those terms in section 20102. 
‘‘(4) NATIONAL CONTINGENCY PLAN.—The term 
‘National Contingency Plan’ has the meaning given 
the term in section 1001 of the Oil Pollution Act of 
1990 (33 U.S.C. 2701). 
‘‘(5) RAILROAD
CARRIER.—The term ‘railroad 
carrier’ has the meaning given the term in section 
20102. 
‘‘(6) 
WORST-CASE
DISCHARGE.—The 
term 
‘worst-case discharge’ means the largest foreseeable 
discharge of oil in the event of an accident or inci-
dent, as determined by each railroad carrier in ac-
cordance with regulations issued under this section.’’. 
(b) CLERICAL 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: 
‘‘5111. Comprehensive oil spill response plans.’’. 
SEC. 7012. INFORMATION ON HIGH-HAZARD FLAMMABLE 
TRAINS. 
(a) INFORMATION
ON
HIGH-HAZARD
FLAMMABLE 
TRAINS.—Not later than 90 days after the date of enact-
ment of this Act, the Secretary shall issue regulations to 
require each applicable railroad carrier to provide informa-
tion on high-hazard flammable trains to State emergency 
response commissions consistent with Emergency Order 
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Docket No. DOT–OST–2014–0067, and include appro-
priate protections from public release of proprietary infor-
mation and security-sensitive information, including infor-
mation described in section 1520.5(a) of title 49, Code of 
Federal Regulations. 
(b) HIGH-HAZARD FLAMMABLE TRAIN.—The term 
‘‘high-hazard flammable train’’ means a single train trans-
porting 20 or more tank cars loaded with a Class 3 flam-
mable liquid, as such term is defined in section 173.120 
of title 49, Code of Federal Regulations, in a continuous 
block or a single train transporting 35 or more tank cars 
loaded with a Class 3 flammable liquid throughout the train 
consist. 
SEC. 7013. STUDY AND TESTING OF ELECTRONICALLY CON-
TROLLED PNEUMATIC BRAKES. 
(a) GOVERNMENT ACCOUNTABILITY OFFICE STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct an independent eval-
uation of ECP brake systems, pilot program data, 
and the Department’s research and analysis on the 
costs, benefits, and effects of ECP brake systems. 
(2) STUDY ELEMENTS.—In completing the inde-
pendent evaluation under paragraph (1), the Comp-
troller General of the United States shall examine the 
following issues related to ECP brake systems: 
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(A) Data and modeling results on safety 
benefits relative to conventional brakes and to 
other braking technologies or systems, such as 
distributed power and 2-way end-of-train de-
vices. 
(B) Data and modeling results on business 
benefits, including the effects of dynamic brak-
ing. 
(C) Data on costs, including up-front cap-
ital costs and on-going maintenance costs. 
(D) Analysis of potential operational bene-
fits and challenges, including the effects of poten-
tial locomotive and car segregation, technical re-
liability issues, and network disruptions. 
(E) Analysis of potential implementation 
challenges, including installation time, positive 
train control integration complexities, compo-
nent availability issues, and tank car shop capa-
bilities. 
(F) Analysis of international experiences 
with the use of advanced braking technologies. 
(3) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General 
of the United States shall transmit to the Committee 
on Transportation and Infrastructure of the House of 
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Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on 
the results of the independent evaluation under para-
graph (1). 
(b) EMERGENCY BRAKING APPLICATION TESTING.— 
(1) IN GENERAL.—The Secretary shall enter into 
an agreement with the National Academy of Sciences 
to— 
(A) complete testing of ECP brake systems 
during emergency braking application, including 
more than 1 scenario involving the uncoupling of 
a train with 70 or more DOT–117-specification 
or DOT–117R-specification tank cars; and 
(B) transmit, not later than 18 months 
after the date of enactment of this Act, to the 
Committee on Transportation and Infrastructure 
of the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on the results of the 
testing. 
(2) INDEPENDENT EXPERTS.—In completing the 
testing under paragraph (1)(A), the National Acad-
emy of Sciences may contract with 1 or more engi-
neering or rail experts, as appropriate, that— 
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(A) are not railroad carriers, entities fund-
ed by such carriers, or entities directly impacted 
by the final rule issued on May 8, 2015, entitled 
‘‘Enhanced Tank Car Standards and Oper-
ational Controls for High-Hazard Flammable 
Trains’’ (80 Fed. Reg. 26643); and 
(B) have relevant experience in conducting 
railroad safety technology tests or similar crash 
tests. 
(3) TESTING
FRAMEWORK.—In completing the 
testing under paragraph (1), the National Academy of 
Sciences and each contractor described in paragraph 
(2) shall ensure that the testing objectively, accu-
rately, and reliably measures the performance of ECP 
brake systems relative to other braking technologies or 
systems, such as distributed power and 2-way end-of- 
train devices, including differences in— 
(A) the number of cars derailed; 
(B) the number of cars punctured; 
(C) the measures of in-train forces; and 
(D) the stopping distance. 
(4) FUNDING.—The Secretary shall provide 
funding, as part of the agreement under paragraph 
(1), to the National Academy of Sciences for the test-
ing required under this section— 
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(A) using sums made available to carry out 
sections 20108 and 5118 of title 49, United 
States Code; and 
(B) to the extent funding under subpara-
graph (A) is insufficient or unavailable to fund 
the testing required under this section, using 
such sums as are necessary from the amounts 
appropriated to the Secretary, the Federal Rail-
road Administration, or the Pipeline and Haz-
ardous Materials Safety Administration, or a 
combination thereof. 
(5) EQUIPMENT.—The National Academy of 
Sciences and each contractor described in paragraph 
(2) may receive or use rolling stock, track, and other 
equipment or infrastructure from a private entity for 
the purposes of conducting the testing required under 
this section. 
(c) EVIDENCE-BASED APPROACH.— 
(1) ANALYSIS.—The Secretary shall— 
(A) not later than 90 days after the report 
date, fully incorporate and update the regulatory 
impact analysis of the final rule described in 
subsection (b)(2)(A) of the costs, benefits, and ef-
fects of the applicable ECP brake system require-
ments; 
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(3) SAVINGS CLAUSE.—Nothing in this section 
shall be construed to prohibit the Secretary from im-
plementing the final rule described under subsection 
(b)(2)(A) prior to the determination required under 
subsection (c)(2) of this section, or require the Sec-
retary to promulgate a new rulemaking on the provi-
sions of such final rule, other than the applicable 
ECP brake system requirements, if the Secretary de-
termines that the applicable ECP brake system re-
quirements are not justified pursuant to this sub-
section. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) APPLICABLE ECP BRAKE SYSTEM REQUIRE-
MENTS.—The term ‘‘applicable ECP brake system re-
quirements’’ 
means 
sections 
174.310(a)(3)(ii), 
174.310(a)(3)(iii), 174.310(a)(5)(v), 179.202–12(g), 
and 179.202–13(i) of title 49, Code of Federal Regula-
tions, and any other regulation in effect on the date 
of enactment of this Act requiring the installation of 
ECP brakes or operation in ECP brake mode. 
(2) CLASS
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. 
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