Assistance for Local Heroes During Train Crises Act

Bill Number

H.R. 853

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Transportation and Public Works

Status

Introduced

Latest Action

2025-02-01: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

Last Updated

2025-03-10T15:11:30Z

AI-Generated Summary

Purpose of the Legislation

The "Assistance for Local Heroes During Train Crises Act" (H.R. 853) aims to improve emergency responses to train incidents involving hazardous materials by authorizing federal declarations of such events, providing rapid financial reimbursements to local responders, requiring railroads to share advance information about hazardous shipments, and creating a dedicated funding mechanism through fees on the rail industry.

Key Provisions

• Declaration of Hazardous Train Events:
• The Administrator of the Federal Railroad Administration (FRA), in consultation with the Federal Emergency Management Agency (FEMA) and Environmental Protection Agency (EPA), can declare a "hazardous train event" within 3 days of a train derailment, crash, or other incident involving hazardous materials, waste, or substances threatening public health, safety, or the environment.
• Upon declaration, at least $250,000 is immediately awarded from a dedicated fund to affected state or local emergency response groups (e.g., law enforcement, fire departments, emergency agencies).
• Additional funding, up to $3 million total per event, can be awarded within 5 days based on assessed needs.

• Hazardous Train Event Emergency Reimbursement Fund:
• Establishes a fund in the U.S. Treasury, administered by the FRA, to cover response costs.
• Reimbursable expenses include:
• Replacing damaged or contaminated equipment.
• Overtime pay for firefighters, police, and other responders.
• Operational costs for response actions.
• Other related purposes, as determined by the FRA.
• Retroactive coverage for costs incurred up to 30 days after funding receipt.
• Recipients must submit documentation within 120 days; misuse requires repayment to the fund for future use.

• Advance Warning Requirements:
• The Secretary of Transportation, consulting with the Transportation Security Administration (TSA), must issue regulations requiring railroads transporting hazardous materials to notify county and local emergency groups (e.g., police, fire departments) about:
• The train's load and schedule in advance.
• Real-time location updates when entering or exiting a service area.

• Funding Mechanism:
• Imposes annual fees on shippers and carriers of hazardous materials by rail, with total collections of at least $10 million per year.
• Fees are deposited directly into the reimbursement fund.

Significant Changes to Existing Law

• Adds a new section (20904) to Chapter 209 of Title 49, United States Code (which covers railroad safety), introducing definitions, declaration processes, and the reimbursement fund for hazardous train events—previously, no specific federal mechanism existed for rapid, dedicated funding for local rail hazmat responses.
• Amends Section 5108(g) of Title 49, United States Code (on hazardous materials transportation fees), by adding a new fee category specifically for rail shippers and carriers to fund the new reimbursement program, expanding the scope of existing hazmat fees.

Potential Impacts

• On Government Agencies: Enhances coordination among FRA, FEMA, EPA, DOT, and TSA for faster incident declarations and funding; increases administrative duties for fee collection and fund management but streamlines reimbursements to reduce local burdens.
• On Citizens: Improves public safety in communities near rail lines by enabling quicker, better-equipped emergency responses to hazardous spills or crashes, potentially reducing health and environmental risks from delayed actions.
• On International Relations: Minimal direct impact, though it could indirectly support U.S. rail safety standards that align with international hazmat transport norms (e.g., under UN agreements), benefiting cross-border trade.

Main Stakeholders Affected

• Local Emergency Responders: Fire departments, police, and emergency agencies gain access to immediate funding for equipment, overtime, and operations, easing financial strains during crises.
• Rail Industry (Shippers and Carriers): Face new annual fees (at least $10 million total) to fund the program, but benefit from clearer regulations on information sharing that could prevent incidents.
• Federal Agencies: FRA leads implementation; FEMA, EPA, DOT, and TSA provide consultations or enforce related rules, sharing responsibilities for declarations and warnings.
• Communities Near Rail Lines: Residents in areas with hazardous material transport receive indirect protection through better preparedness and response capabilities.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens federal oversight of rail hazmat incidents under existing transportation safety laws (Title 49, U.S. Code), with built-in accountability via documentation and repayment requirements to prevent fund misuse; regulations for warnings must balance security (via TSA input) with transparency.
• Constitutional: No apparent conflicts; aligns with Congress's commerce clause authority over interstate rail transport and spending power for emergency aid, without infringing on state or local powers (funds support, rather than supplant, local efforts).
• Political: Promotes bipartisanship (introduced by representatives from both parties) by addressing high-profile rail incidents (e.g., derailments with spills), potentially increasing public trust in federal rail safety while shifting some costs to industry, which may spark debates on regulatory burdens.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Deluzio, Christopher R. [D-PA-17]

Cosponsors (1)

Rep. Fitzpatrick, Brian K. [R-PA-1]

Recent Actions

• 2025-02-01: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
• 2025-01-31: Referred to the House Committee on Transportation and Infrastructure.
• 2025-01-31: Introduced in House
• 2025-01-31: Introduced in House

Bill Versions

• Assistance for Local Heroes During Train Crises Act — issued 2025-01-31 — PDF (7 pages)