119-hr853

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 853 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 853

To authorize the declaration of a hazardous train event, and for other 
 purposes.

_______________________________________________________________________

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Assistance for Local Heroes During 
Train Crises Act''.

SEC. 2. HAZARDOUS TRAIN EVENTS.

    (a) In General.--Chapter 209 of title 49, United States Code, is 
amended by adding at the end the following:
``

Sec. 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.''.

SEC. 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.

SEC. 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.
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