text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Community Protection and 
  Preparedness Act of 2016''.
  
  SEC. 2. RAIL SPILL PREPAREDNESS FUND.
  
      (a) In General.--Chapter 51 of title 49, United States Code, is 
  amended by inserting after section 5110 the following:
  ``Sec. 5111. Rail spill preparedness fund
      ``(a) 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 appropriated, 
  credited, deposited, 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 during 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 liquids to be 
          transported by such a tank car in commerce; 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).
      ``(c) Limitation.--A fee imposed pursuant to subsection (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 subsection (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 collected 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, without 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 Planning 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 hazardous 
                  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 respond 
                  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 Secretary, in 
                  consultation with States and Indian tribes, determines 
                  necessary to assist such States and Indian tribes in 
                  preparing for accidents and incidents involving the 
                  transportation of Class 3 flammable liquids by rail.
      ``(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 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 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 section may be construed to affect or limit the 
  application of, obligation to comply with, or liability under any 
  Federal 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.''.
      (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 Transportation shall issue such 
  regulations as are necessary to require 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 
  inhalation by rail could affect a high consequence area, in accordance 
  with a schedule prescribed by the Secretary.
      (b) Method of Inspection.--The inspections required under 
  subsection (a) shall be carried out--
              (1) on foot; and
              (2) periodically, by a gage restraint measurement 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 initiate remedial action.
      (d) Other Railroad Carriers.--Nothing in this section shall be 
  construed to restrict the discretion of the Secretary to require 
  railroad carriers other than Class I railroad carriers to inspect track 
  in accordance with this section. In exercising such discretion, the 
  Secretary shall consider the risk to the public and to railroad 
  employees associated with the operations of the railroad carrier and 
  the transportation of flammable liquids or material poisonous or toxic 
  by inhalation by rail.
      (e) Definitions.--In this section:
              (1) High consequence area.--The term ``high consequence 
          area'' means--
                      (A) a commercially navigable waterway, which means 
                  a waterway where a substantial likelihood of commercial 
                  navigation exists;
                      (B) a high population area, which means an 
                  urbanized area, as defined and delineated by the Census 
                  Bureau, that contains 50,000 or more people and has a 
                  population density of at least 1,000 people per square 
                  mile;
                      (C) an other populated area, which means a place, 
                  as defined and delineated by the Census Bureau, that 
                  contains a concentrated population, such as an 
                  incorporated or unincorporated city, town, village, or 
                  other designated residential or commercial area; or
                      (D) an unusually sensitive area, including a 
                  drinking water or ecological resource area that is 
                  unusually sensitive to environmental damage.
              (2) Material poisonous or toxic by inhalation.--The term 
          ``material poisonous or toxic by inhalation'' has the meaning 
          given the terms material poisonous by inhalation and material 
          toxic by inhalation in section 171.8 of title 49, Code of 
          Federal Regulations.
              (3) Other definitions.--The definitions contained in 
          section 20102 of title 49, United States Code, shall apply to 
          this section.
  
  SEC. 4. 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 2 additional track safety specialists per region.
target: Community Protection and Preparedness Act of 2016 This bill requires the Department of Transportation (DOT), annually, to impose a $1,500 fee for each DOT-111 specification railroad tank car used to transport Class 3 flammable liquids during the previous fiscal year that did not meet DOT-117, DOT-117P, or DOT-117R specifications at the time it was used. Such fee shall be paid by each person who causes such liquids to be transported by such car in commerce and not by the railroad carrier that transports such liquids. Collected fees shall be deposited into a Rail Account established within the Oil Spill Liability Trust Fund and shall be available only for: (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; and (2) DOT grants to states and Indian tribes to develop emergency plans and to train regional hazardous material emergency response teams and public employees responding to such an accident or incident.  DOT shall issue such regulations as necessary to require each Class I railroad carrier to inspect all track where an accident or incident involving the transportation by rail of flammable liquids or material poisonous or toxic by inhalation could affect a &quot;high consequence area&quot; (a commercially navigable waterway, an area with a high or concentrated population, or an area that is unusually sensitive to environmental damage). The inspections shall be carried out on foot and by a gage restraint measurement system. An inspector who finds a deviation from requirements regarding track safety standards shall immediately initiate remedial action. Necessary amounts are authorized for the Federal Railroad Administration to hire at least two additional track safety specialists per region.
feat_title: Community Protection and Preparedness Act of 2016