II 114th CONGRESS 2d Session S. 3187 IN THE SENATE OF THE UNITED STATES July 13, 2016 Mr. Merkley (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To increase the authorization of the National Transportation Safety Board through fiscal year 2020, to require the NTSB to investigate major oil and other hazardous materials derailments, to expand the Secretary of Transportation’s emergency order authority, and to require the Secretary of Transportation to establish a volatility standard for crude oil transported by rail.

1. Short title This Act may be cited as the Mandate Oil Spill Investigations and Emergency Rules (MOSIER) Act of 2016 . 2. Reauthorization of the National Transportation Safety Board Section 1118(a) of title 49, United States Code, is amended to read as follows: (a) In general (1) Amounts There are authorized to be appropriated $108,000,000 for each of the fiscal years 2018 through 2020 to carry out this chapter. (2) Availability of funds Amounts appropriated pursuant to paragraph (1) shall remain available until expended. (3) Limitation on use of funds Of the amounts appropriated pursuant to paragraph (1), $2,000,000 shall be dedicated to the costs associated with carrying out railroad accident investigations and investigations of significant railroad incidents. . 3. Mandatory NTSB investigations for major oil and other hazardous materials derailments Section 1131(a)(1)(C) of title 49, United States Code, is amended by striking , or that involves a passenger train and inserting or involves a passenger train or a significant release of hazardous materials into the environment within a close proximity to communities, personal property, or critical landscapes; . 4. Expanded emergency order authority Section 20104(a) of title 49, United States Code, is amended to read as follows: (a) Ordering restrictions and prohibitions If the Secretary of Transportation, through incident, testing, inspection, investigation, or research carried out under this part, determines that an unsafe condition, practice, or occurrence, or a combination of unsafe conditions, occurrences, and practices, causes (or has the potential to cause) an emergency or reoccurring situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary may immediately order such restrictions, prohibitions, or moratoriums without regard to section 20103(e) that may be necessary to abate the situation or prevent accidents of a similar nature or result. . 5. Volatility standard for crude oil transported by rail (a) In general Subchapter II of chapter 201 of title 49, United States Code, is amended by inserting after section 20153 the following: 20154. Maximum crude oil volatility standard Not later than 9 months after the date of the enactment of the Mandate Oil Spill Investigations and Emergency Rules (MOSIER) Act of 2016 , the Secretary of Transportation, in consultation with the Secretary of Energy, shall establish and enforce a national standard for the maximum volatility of crude oil to be permitted to be shipped by rail based on the safest practicable standard. . (b) Clerical amendment The table of sections for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20153 the following: 20154. Maximum crude oil volatility standard. .