‘‘§ 5111. Rail spill preparedness fund 
‘‘(a) ESTABLISHMENT OF RAIL ACCOUNT.—There is 
established in the Oil Spill Liability Trust Fund a sepa-
rate account to be known as the ‘Rail Account’ consisting 
of such amounts as may be appropriated, credited, depos-
ited, 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 dur-
ing 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 liq-
uids to be transported by such a tank car in com-
merce; 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). 
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‘‘(c) LIMITATION.—A fee imposed pursuant to sub-
section (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 sub-
section (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 col-
lected 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, with-
out 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 Plan-
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ning 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 haz-
ardous 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 re-
spond 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 Sec-
retary, in consultation with States and Indian 
tribes, determines necessary to assist such 
States and Indian tribes in preparing for acci-
dents and incidents involving the transportation 
of Class 3 flammable liquids by rail. 
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‘‘(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 acci-
dents or incidents involving the transportation of haz-
ardous material in accordance with existing regulations or 
National Fire Protection Association standards for com-
petence 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 sec-
tion may be construed to affect or limit the application 
of, obligation to comply with, or liability under any Fed-
eral 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.’’. 
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(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. INCREASED INSPECTIONS OF CERTAIN RAIL TRACK. 
(a) IN GENERAL.—Not later than 9 months after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue such regulations as are necessary to re-
quire each Class I railroad carrier to inspect all track 
where an accident or incident involving the transportation 
of flammable liquids or material poisonous or toxic by in-
halation by rail could affect a high consequence area, in 
accordance with a schedule prescribed by the Secretary. 
(b) METHOD OF INSPECTION.—The inspections re-
quired under subsection (a) shall be carried out— 
(1) on foot; and 
(2) periodically, by a gage restraint measure-
ment system, as described in section 213.110 of title 
49, Code of Federal Regulations. 
(c) REMEDIAL ACTION.—If the individual making an 
inspection required under subsection (a) finds a deviation 
from the requirements of part 213 of title 49, Code of 
Federal Regulations, the individual shall immediately ini-
tiate remedial action. 
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