(2) audit rail carriers of oil to ensure that the 
shippers and rail carriers with respect to trans-
porting oil by railroad— 
(A) are using appropriate hazardous mate-
rials shipping classifications; 
(B) have developed transportation safety 
and security plans; and 
(C) have made adequate provision for safe-
ty and security. 
(e) SAVINGS PROVISION.—Nothing in this section 
may be construed to prohibit the Secretary of Transpor-
tation from issuing, by regulation or order, a requirement 
for comprehensive response plans for railroads trans-
porting oil or ethanol that is more stringent than the re-
quirements under subsection (b). 
SEC. 9. DISCLOSURE REQUIREMENT. 
(a) IN GENERAL.—A rail carrier may not operate any 
high-hazard flammable train in any State until the rail 
carrier has provided the Emergency Response Commission 
for such State and any local emergency planning com-
mittee along the route such train will operate with— 
(1) a reasonable estimate of the number of such 
trains that are expected to travel, per week, through 
the State; 
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(2) a description of the flammable liquid ex-
pected to be transported through the State, in ac-
cordance with subpart C of part 172 of title 49, 
Code of Federal Regulations; 
(3) all applicable emergency response informa-
tion required under subpart G of such part; 
(4) the identification of the routes over which 
the oil or ethanol will be transported; and 
(5) the contact information for at least 1 point 
of contact at the rail carrier responsible for serving 
as the point of contact for the State Emergency Re-
sponse Commission and relevant emergency respond-
ers. 
(b) SAVINGS PROVISION.—Nothing in this section 
may be construed to prohibit the Secretary of Transpor-
tation from issuing, by regulation or order, a disclosure 
requirement for high-hazard flammable train movement 
that is wider than the requirements under subsection (a). 
SEC. 10. EMERGENCY RESPONSE RESOURCE INVENTORY. 
(a) IN GENERAL.—Rail carriers shall collaborate to 
develop an inventory of emergency response resources 
along routes over which 1 or more high-hazard flammable 
trains operate for responding to worst case discharges re-
sulting from accidents involving unit trains or blocks of 
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tank cars transporting Class 3 flammable liquids in the 
event of an incident. 
(b) INCLUSIONS.—The inventory developed pursuant 
to subsection (a) shall include— 
(1) a detailed description of the type and quan-
tity of private emergency response resources; 
(2) sufficient equipment to respond to a worst 
case discharge from accidents involving unit trains 
or blocks of tank cars; 
(3) sufficient equipment to respond to a fire or 
explosion that could result from a worst case dis-
charge from accidents involving unit trains or blocks 
of tank cars; 
(4) locations for the staging of emergency re-
sponse equipment; and 
(5) contacts for the notification of communities, 
as appropriate. 
(c) ACCESS.—Rail carriers shall— 
(1) provide the Department of Transportation 
with access to the inventory developed under this 
section; and 
(2) make relevant information from the inven-
tory, upon request, available to emergency respond-
ers located along identified routes over which 1 or 
more high-hazard flammable trains operate. 
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SEC. 11. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 20168. Confidential close call reporting systems 
‘‘(a) RULEMAKING.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of the Crude-By-Rail 
Safety Act, the Secretary of Transportation shall 
promulgate regulations setting forth the require-
ments for an applicable railroad carrier to follow in 
establishing a confidential close call reporting system 
program. 
‘‘(2) CONSIDERATIONS.—The Secretary may 
use any information and experience gathered 
through research and pilot programs on confidential 
close call reporting systems in developing the regula-
tions, including continuing the use of third parties 
for the collection of close call reports and distribu-
tion of close call data. The Secretary shall ensure 
that an applicable railroad carrier’s employees re-
ceive protection under its program from any related 
Federal Railroad Administration enforcement ac-
tions. 
‘‘(b) PROGRAM DEVELOPMENT AND OVERSIGHT.— 
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‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the final regulations under sub-
section (a), an applicable railroad carrier shall de-
velop a proposed program and submit it to the Sec-
retary of Transportation for review and approval. 
‘‘(2) CONTENTS.—A railroad carrier shall de-
scribe its proposed program’s core principles and 
values, explain the rights, roles, and responsibilities 
of program stakeholders, identify concerns and inter-
ests, and describe how the program will operate. 
‘‘(3) REVIEW.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
review and approve or disapprove each proposed 
program within a reasonable amount of time. If 
a proposed program is not approved, the Sec-
retary shall notify the applicable railroad car-
rier in writing as to the specific areas in which 
the proposed program is deficient. The applica-
ble railroad carrier shall correct all deficiencies 
within a reasonable period of time following re-
ceipt of written notice from the Secretary. 
‘‘(B) UPDATES.—An applicable railroad 
carrier shall update its program as needed and 
obtain the Secretary’s approval before making 
any major changes to its program. 
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