H.R. 853

119 HR 853 IH: Assistance for Local Heroes During Train Crises Act
 U.S. House of Representatives
 2025-01-31
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 853  IN THE HOUSE OF REPRESENTATIVES   January 31, 2025   Mr. Deluzio  (for himself and  Mr. Fitzpatrick ) introduced the following bill; which was referred to the  Committee on Transportation and Infrastructure    A BILL
To authorize the declaration of a hazardous train event, and for other purposes.
1.
Short title
This Act may be cited as the   Assistance for Local Heroes During Train Crises Act  .
2.
Hazardous train events
(a)
In general
 Chapter 209  of title 49, United States Code, is amended by adding at the end the following:
20904.
Hazardous train events
(a)
Definitions
In this section:
(1)
Administrator
The term  Administrator  means the Administrator of the Federal Railroad Administration.
(2)
Eligible entity
The term  eligible entity  means a State or local emergency response group, including a law enforcement agency, a fire department, and an emergency response agency, located in an area affected by a hazardous train event.
(3)
Fund
The term  Fund  means the Hazardous Train Event Emergency Reimbursement Fund established under subsection (c).
(4)
Hazardous train event
The term  hazardous train event  means a train incident that the Administrator has declared to be a hazardous train event pursuant to subsection (b).
(b)
Declaration
(1)
In general
The Administrator, in consultation with the Administrator of the Federal Emergency Management Agency and the Administrator of the Environmental Protection Agency, may declare that a hazardous train event has occurred not later than 3 days after the occurrence of a train derailment, train crash, or other incident involving a train carrying hazardous materials, hazardous waste, or other materials that pose a threat to public health, safety, and the environment, as determined by the Administrator.
(2)
Effect of declaration
Upon a declaration pursuant to subsection (a), the Administrator shall immediately award at least $250,000 from the Fund to 1 or more eligible entities pursuant to subsection (d).
(3)
Additional funding award
Not later than 5 days after a declaration pursuant to subsection (a), the Administrator may award additional amounts to the initially awarded entities for further costs or other eligible entities from the Fund, not to exceed $3,000,000 per hazardous train event. Amounts awarded pursuant to this paragraph shall be allocated based on additional needs, as determined by the Administrator.
(c)
Hazardous Train Event Emergency Reimbursement Fund
There is established within the Treasury of the United States a fund, which—
(1)
shall be known as the  Hazardous Train Event Emergency Reimbursement Fund ; and
(2)
shall be administered by the Administrator.
(d)
Assistance for eligible entities
(1)
In general
The Administrator may use amounts from the Fund to reimburse eligible entities, in accordance with subsection (b)—
(A)
for the cost of replacing equipment that is damaged, contaminated, or otherwise rendered unusable as a result of the response of the eligible entity to a hazardous train event;
(B)
for overtime pay for firefighters, law enforcement officers, or other emergency responders who work at the scene of a hazardous train event;
(C)
for operational costs for actions taken to respond to a hazardous train event;
(D)
for any other purpose related to a hazardous train event, as determined by the Administrator; and
(E)
to retroactively cover a cost described in any of subparagraphs (A) through (D) that is incurred after the date of a hazardous train event or within 30 days of the receipt of amounts under this subsection.
(2)
Documentation of costs
(A)
In general
Not later than 120 days after the date on which the Administrator declares a hazardous train event for which an eligible entity receives assistance under this subsection, the eligible entity shall submit documentation to the Administrator for each item for which such assistance is used through procurement or reimbursement.
(B)
Reimbursement
If the Administrator determines that an eligible entity has used assistance received under this subsection in violation of this subsection, the eligible entity shall reimburse the Fund for the amount of such assistance. Reimbursements to the Fund shall be made eligible for future hazardous train events.
 .
(b)
Clerical amendment
The analysis for  chapter 209  of title 49, United States Code, is amended by adding at the end the following:
20904. Hazardous train events.
  .
3.
Advance warning requirement
The Secretary of Transportation, in consultation with the Administrator of the Transportation Security Administration, shall issue regulations requiring any railroad that transports hazardous materials by train through any community in the United States to provide county and local emergency response groups in such community, including police departments, fire departments, and emergency response agencies, with—
(1)
advance warning of such train’s load and timing; and
(2)
real-time location information on such a train when it enters and exits its service area the applicable service area.
4.
Hazardous materials emergency reimbursement fee
(a)
In general
Section 5108(g) of title 49, United States Code, is amended by adding at the end the following:
(4)
Hazardous materials emergency reimbursement fee for shippers and carriers of hazardous material
(A)
Schedule of fees
The Secretary shall prescribe a schedule of annual fees for shippers and carriers of hazardous materials by rail that have total annual collections of not less than $10,000,000.
(B)
Deposits into trust fund
Fees collected pursuant to subparagraph (A) shall be deposited into the Hazardous Train Event Emergency Reimbursement Fund established under section 20904.
 .
(b)
Deposits into trust fund
Amounts collected from shippers and carriers pursuant to section 5108(g)(4), United States Code, as added by subsection (a), shall be regularly deposited into the Hazardous Train Event Emergency Reimbursement Fund established under section 20904 of title 49, United States Code, as added by section 2.