,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bbbc ,,in ,,the ,,house ,,of ,,representatives ,april #bh1 #bjag,mr4 ,de,fazio 7for himself1 ,mr4 ,walden1 ,mr4 ,blumenauer1 and ,ms4 ,bonamici7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to provide for a rail spill preparedness fund1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,community ,protection and ,preparedness ,act of #bjag4 #b4 ,rail spill preparedness fund 7a7 ,in general ,chapter #ea of title #di1 ,united ,states ,code1 is amended by inserting after section #eaaj the following3 #eaaa4 ,rail spill preparedness fund 7a7 ,establishment of ,rail ,account ,there is established in the ,oil ,spill ,liability ,trust ,fund a separate account to be known as the ,rail ,account consisting of such amounts as may be appropriated1 credited1 deposited1 or transferred to such account as provided in this section4 7b7 ,fee for certain railroad tank cars transporting ,class #c flammable liquids ,not later than ,october #a1 #bjag1 and annually thereafter1 the ,secretary shall impose a fee of #a1ejj for each ,,dot-#aaa specification railroad tank car1 including each ,,cpc-#abcb tank car1 used to transport ,class #c flammable liquids during the previous fiscal year that1 at the time such tank car was used1 did not meet the ,,dot-#aag1 ,,dot-#aag,p1 or ,,dot-#aag,r specifications in part #agi of title #di1 ,code of ,federal ,regulations4 ,such fee shall be-- 7#a7 paid by each person who causes such liquids to be transported by such a tank car in commerce2 and 7#b7 imposed regardless of-- 7,a7 train composition2 or 7,b7 the phase-out schedule under section #gcjd7;b7 of the ,,fast ,act 7#di ,u4,s4,c4 #bjaee note74 7c7 ,limitation ,a fee imposed pursuant to subsection 7b7 may not be imposed on a railroad carrier that transports ,class #c flammable liquids4 7d7 ,means of collection ,the ,secretary shall prescribe procedures to collect the fees described in subsection 7b74 ,the ,secretary may use a department1 agency1 or instrumentality of the ,united ,states ,government or of a ,state or local government to collect the fee and may reimburse the department1 agency1 or instrumentality a reasonable amount for its services4 7e7 ,deposits ,amounts equivalent to the fees collected pursuant to subsection 7b7 shall be deposited into the ,rail ,account4 7f7 ,expenditures ,amounts deposited pursuant to subsection 7e7 shall be available to the ,secretary1 without need of further appropriation1 only for the following purposes3 7#a7 ,the payment of removal and remediation costs and other costs1 expenses1 claims1 and damages related to an accident or incident involving the transportation of ,class #c flammable liquids by rail4 7#b7 ,for the ,secretary to make grants to ,states and ,indian tribes to-- 7,a7 to develop1 improve1 and carry out emergency plans under the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq47 related to an accident or incident involving the transportation of ,class #c flammable liquids by rail1 including ascertaining flow patterns of ,class #c flammable liquids on lands under the jurisdiction of a ,state or ,indian tribe and lands of another ,state or ,indian tribe2 7,b7 to develop and train regional hazardous material emergency response teams to prepare for an accident or incident involving the transportation of ,class #c flammable liquids by rail2 7,c7 to train public sector employees to respond to accidents and incidents involving the transportation of ,class #c flammable liquids by rail consistent with the requirements of section #eaaf2 and 7,d7 for any other measures that the ,secretary1 in consultation with ,states and ,indian tribes1 determines necessary to assist such ,states and ,indian tribes in preparing for accidents and incidents involving the transportation of ,class #c flammable liquids by rail4 7g7 ,public sector training standards ,to the extent that a grant under subsection 7f7 is used to train emergency responders1 the ,state or ,indian tribe shall ensure that the emergency responders who receive training under the grant have the ability to protect nearby persons1 property1 and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or ,national ,fire ,protection ,association standards for competence of responders to accidents and incidents involving hazardous materials1 including the transportation of ,class #c flammable liquids by rail4 7h7 ,no effect on compliance or liability under ,federal or ,state law ,nothing in this section may be construed to affect or limit the application of1 obligation to comply with1 or liability under any ,federal or ,state law4 7i7 ,definitions 7#a7 ,class #c flammable liquid ,the term ,class #c flammable liquid has the meaning given the term flammable liquid in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 7#b7 ,railroad carrier ,the term railroad carrier has the meaning given such term in section #bjajb4 4 7b7 ,conforming amendment ,the analysis for chapter #ea of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #eaaj the following new item3 #eaaa4 ,rail spill preparedness fund4 4 #c4 ,final rule on oil spill response plans ,not later than #c months after the date of enactment of this ,act1 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall issue a final rule relating to the notice of proposed rulemaking issued on ,july #bi1 #bjaf1 entitled ,hazardous ,materials3 ,oil ,spill ,response ,plans and ,information ,sharing for ,high-,hazard ,flammable ,trains 7#ha ,fed4 ,reg4 #ejjfg74 #d4 ,track safety specialists ,there are authorized to be appropriated such sums as may be necessary for the ,administrator of the ,federal ,railroad ,administration to hire a minimum of #b additional track safety specialists per region4 #e4 ,study on the adequacy of certain track inspections and regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate-- 7#a7 an assessment of the adequacy of-- 7,a7 railroad track inspections1 including the frequency of inspections2 7,b7 training provided to railroad track inspectors and related railroad personnel2 7,c7 railroad compliance with ,federal track safety regulations2 and 7,d7 ,federal oversight of railroads with respect to track safety2 and 7#b7 an evaluation on the leading causes of track defects1 particularly along routes where passenger trains1 high-hazardous flammable trains1 or trains carrying poisonous or toxic-by-inhalation materials1 explosives1 or radioactive material traverse4