I 
114TH CONGRESS 
2D SESSION 
H. R. 5762 
To improve the safety of hazardous materials rail transportation, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2016 
Ms. BONAMICI introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Ways and Means, Oversight and Government Reform, and En-
ergy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To improve the safety of hazardous materials rail 
transportation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 Im-
provement Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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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. Track relocation and railroad inspection safety grants. 
Sec. 204. Implementing recommendations of the National Transportation Safe-
ty 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 FUND-
ING OF HAZARDOUS LIQUIDS 
RAIL 
SPILL 
LIABILITY 
AC-
COUNT 
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 Rev-
enue Code of 1986 is amended by adding at the end the 
following new subsection: 
‘‘(g) ESTABLISHMENT OF HAZARDOUS LIQUIDS RAIL 
SPILL LIABILITY ACCOUNT.— 
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‘‘(1) CREATION OF ACCOUNT.—There is estab-
lished in the Oil Spill Liability Trust Fund a sepa-
rate 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 attrib-
utable 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 Re-
sponse, Compensation, and Liability Act of 
1980. 
‘‘(3) EXPENDITURES FROM ACCOUNT.— 
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‘‘(A) IN GENERAL.—Amounts in the Haz-
ardous 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 dis-
charges of oil (within the meaning of sec-
tion 311 of the Federal Water Pollution 
Control Act) resulting from rail transpor-
tation of such oil. 
‘‘(ii) Any response action for which 
there is an authorization under section 104 
of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (as in effect on the date of the enact-
ment of this subsection) and which is at-
tributable to releases of hazardous sub-
stances (within the meaning of section 101 
of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980) resulting from rail transportation of 
such hazardous substances. 
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‘‘(B) TRANSFERS FOR CERTAIN GRANTS, 
SURVEYS, STUDIES, AND REPORTS.—The Sec-
retary 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 pur-
poses of— 
‘‘(i) awarding grants authorized under 
subparagraphs (D) and (E) of section 
5116(a)(1) of title 49, United States Code, 
‘‘(ii) 
awarding 
grants 
authorized 
under section 203 of the Hazardous Mate-
rials Rail Transportation Safety Improve-
ment Act of 2016, 
‘‘(iii) carrying out the national pre-
paredness survey conducted under section 
301 of the Hazardous Materials Rail 
Transportation Safety Improvement Act of 
2016, 
‘‘(iv) carrying out energy train data 
collection under section 303 of the Haz-
ardous Materials Rail Transportation Safe-
ty Improvement Act of 2016, and 
‘‘(v) carrying out the train length 
study under section 304 of the Hazardous 
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Materials Rail Transportation Safety Im-
provement Act of 2016. 
‘‘(C) TRANSFERS RELATED TO QUALIFIED 
TANK
CAR
CONVERSION
CREDIT.—The Sec-
retary 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 Liabil-
ity 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 sub-
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stantial 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 trans-
portation of such oil’’ after ‘‘economic zone’’. 
(b) DESIGNATION OF HAZARDOUS SUBSTANCES.— 
Section 311(b)(2)(A) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1321(b)(2)(A)) is amended— 
(1) by inserting ‘‘(i)’’ before ‘‘The Adminis-
trator’’; 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, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 
9601(14)), the Administrator shall designate as a 
hazardous substance any hazardous material de-
scribed in section 172.101 of title 49, Code of Fed-
eral 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 transpor-
tation.’’. 
SEC. 103. FEE ON CERTAIN HAZARDOUS FLAMMABLE LIQ-
UIDS TRANSPORTED BY RAIL. 
(a) IMPOSITION.— 
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(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 flam-
mable 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 
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Under regulations prescribed by the Secretary, this 
paragraph shall not apply to any placement made 
for the purposes of avoiding the fee under this sub-
chapter. 
‘‘(2) ONLY ONE FEE IMPOSED WITH RESPECT 
TO ANY PRODUCT.—No fee shall be imposed under 
subsection (a) with respect to any hazardous flam-
mable 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 an-
other hazardous flammable liquid shall not be treat-
ed as the same hazardous flammable liquid. 
‘‘(e) DEFINITIONS AND OTHER RULES.—For pur-
poses 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 
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‘‘(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 Regula-
tions, 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 en-
hanced 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 place-
ment or entry, the requirements of Cas-
ualty 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 
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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 trans-
portation in commerce. 
‘‘(C) TERMS.—Any term used in this para-
graph 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 the final 
rule issued on May 08, 2015, titled ‘Enhanced Tank 
Car Standards and Operational Controls for High- 
Hazard Flammable Trains’ (80 Fed. Reg. 26643). 
‘‘(5) TREATMENT OF FEE.—The fee imposed 
under this section shall be paid upon notice and de-
mand, 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 im-
posed by this title shall be deemed to also refer to 
the fee imposed by this section.’’. 
(2) CLERICAL AMENDMENT.—The table of sub-
chapters for chapter 38 of the Internal Revenue 
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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 LIABIL-
ITY TRUST FUND.— 
(1) IN GENERAL.—Section 9509(b) of the In-
ternal 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 sec-
tion 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 Li-
ability Trust fund under subsection (b)(9).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to placements and entries occur-
ring in calendar quarters beginning more than 60 days 
after the date of the enactment of this Act. 
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SEC. 104. QUALIFIED TANK CAR CONVERSION EXPENSES. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter 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 EX-
PENSES. 
‘‘(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
EX-
PENSES.—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 en-
hanced tank car final rule (as defined in section 
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4691(e)(4)) (as in effect on the date such expendi-
tures 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 Preven-
tion 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 pe-
riod described in clause (i), for more than 
the number of days prescribed by the Sec-
retary 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 sub-
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section (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 al-
lowed 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) at-
tributable to such portion. This subparagraph 
shall not apply to expenses related to property 
of a character subject to an allowance for de-
preciation the basis of which is reduced under 
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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 quali-
fied 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 per-
sonal 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 para-
graph (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: 
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‘‘(j) QUALIFIED TANK CAR CONVERSION CREDIT.— 
No deduction shall be allowed for that portion of the quali-
fied 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— 
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(1) by redesignating paragraphs (2) through 
(14) as paragraphs (3) through (15), respectively; 
and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(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 fol-
lowing: 
‘‘(B) a recommended course of study to 
train public sector employees to respond to an 
accident or incident involving trains trans-
porting at least 20 tank cars of flammable liq-
uids or gases;’’. 
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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 (B), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (C), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(D) to develop, improve, and carry out emer-
gency plans for communities through which railroads 
transport a train or trains transporting at least 20 
tank cars of flammable liquids or gases; and 
‘‘(E) to train public sector employees to re-
spond to accidents and incidents involving trains 
transporting at least 20 tank cars of flammable liq-
uids or gases.’’; and 
(2) by adding at the end the following: 
‘‘(k) FEDERAL SHARE OF COSTS FOR HIGH HAZARD 
TRAIN GRANTS.—The Federal share of each grant award-
ed under subparagraphs (D) and (E) of subsection (a)(1) 
shall be— 
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‘‘(1) 100 percent of the eligible costs incurred 
by the State or Indian tribe in fiscal years 2016, 
2017, and 2018; and 
‘‘(2) 80 percent of the eligible costs incurred by 
the State or Indian tribe in fiscal year 2019 and 
each subsequent fiscal year.’’. 
SEC. 203. 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 sec-
tion 173.120 of title 49, Code of Federal Regula-
tions); and 
(2) any ‘‘flammable gas (Division 2.1)’’ (as de-
fined 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 pro-
vide 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, 
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to the extent the project or activity is consistent with the 
goals under subsection (b), for— 
(1) projects eligible for assistance under section 
24407(c)(6) 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 trans-
portation of flammable liquids or gases, including re-
ducing risks to— 
(A) public safety; 
(B) the environment; and 
(C) public or private property. 
(e) NON-FEDERAL SHARE.— 
(1) MAXIMUM
FEDERAL
SHARE.—Notwith-
standing 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 per-
cent. 
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(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. 204. IMPLEMENTING RECOMMENDATIONS OF THE NA-
TIONAL TRANSPORTATION SAFETY BOARD. 
(a) IMPLEMENTATION
OF CERTAIN NTSB REC-
OMMENDATIONS BY THE FEDERAL RAILROAD ADMINIS-
TRATION.—Not later than 1 year after the date of the en-
actment of this Act, the Administrator of the Federal Rail-
road Administration shall implement the following rec-
ommendations 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 commu-
nities and States with current commodity flow data 
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and assisting with development of emergency oper-
ation and response plans). 
(3) Recommendation R–14–18, dated August 
22, 2014 (relating to ensuring that emergency re-
sponse information carried by train crews is con-
sistent with the Emergency Response Guidebook). 
(4) Recommendations R–14–75 and R–14–76, 
dated December 30, 2014 (relating to allowable lim-
its 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 (relat-
ing to developing, implementing and periodically evalu-
ating requirements for railroads that transport hazardous 
materials to conduct public education programs for com-
munities 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 
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Federal Railroad Administration and the Administrator of 
the Pipelines and Hazardous Materials Safety Administra-
tion 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 enact-
ment 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— 
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(A) the Committee on Finance of the Sen-
ate; 
(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 Com-
merce 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, includ-
ing on an Internet website. 
SEC. 302. HAZARDOUS MATERIALS RAIL CAR CENSUS. 
(a) DATA COLLECTION.—As part of the 2017, 2022, 
and 2027 quinquennial surveys authorized under section 
131 of title 13, United States Code, the Secretary of Com-
merce, in coordination with the Secretary of Transpor-
tation, shall determine the number and types of rail tank 
cars used to carry Class 3 hazardous materials (as defined 
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in section 172.101 of title 49, Code of Federal Regula-
tions). 
(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 com-
mittees referred to in section 301(2); and 
(2) make the information described in sub-
section (a) available to the public, including on an 
Internet website. 
SEC. 303. ENERGY TRAIN DATA COLLECTION. 
The Administrator of the Energy Information Ad-
ministration, in coordination with the Secretary of Trans-
portation— 
(1) shall collect information regarding— 
(A) the volume of energy products trans-
ported by rail, including— 
(i) petroleum crude oil; 
(ii) ethanol; 
(iii) liquefied natural gas; and 
(iv) other energy products selected by 
the Administrator; and 
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(B) the origins and destinations of the en-
ergy products transported by rail described in 
subparagraph (A), including— 
(i) energy products transported by rail 
within Petroleum Administration Defense 
Districts; 
(ii) energy products transported by 
rail between Petroleum Administration De-
fense Districts; 
(iii) energy products imported to the 
United States by rail from international 
origins; and 
(iv) energy products exported from 
the United States by rail to international 
destinations; 
(2) may collect additional information to carry 
out the purposes of this section from other sources, 
including— 
(A) surveys conducted by the Adminis-
trator; 
(B) information collected by the Depart-
ment of Transportation; 
(C) foreign governments; and 
(D) third-party data; and 
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(3) shall make the information collected under 
paragraphs (1) and (2) available to the public on an 
Internet website that is updated monthly and does 
not aggregate the volume of energy products trans-
ported by rail with the volume of energy products 
transported by other modes of transportation. 
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 asso-
ciated 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 Trans-
portation shall— 
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(1) submit a report containing the results of 
the study conducted under this section to the con-
gressional 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 
subparagraphs (D) and (E) of section 5116(a)(1) of 
title 49, United States Code, as added by section 
202. 
(2) AVAILABILITY.—Of the amounts appro-
priated pursuant to paragraph (1)— 
(A) the amounts appropriated for fiscal 
year 2016 shall remain available until Sep-
tember 30, 2017; and 
(B) the amounts appropriated for fiscal 
year 2017 shall remain available until Sep-
tember 30, 2018. 
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(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 203. 
(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 author-
ized $5,000,000 to carry out section 304. 
(d) CERCLA.—There is authorized to be appro-
priated $100,000,000 to carry out section 104 of the Com-
prehensive 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 haz-
ardous substances. Any sums so appropriated shall remain 
available until expended. 
Æ 
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