Overview
Title
To enhance safety requirements for trains transporting hazardous materials, and for other purposes.
ELI5 AI
The Railroad Safety Enhancement Act of 2024 is all about making sure trains carrying dangerous stuff are safer by adding new rules like driving slower, tracking them better, and having more people on board. It also wants to make sure that if something bad happens, there are better ways to help and new technology to keep everyone safe.
Summary AI
H.R. 8996, titled the "Railroad Safety Enhancement Act of 2024," proposes stronger safety rules for trains transporting hazardous materials. The bill mandates enhanced safety measures like limited train speeds, real-time tracking of hazardous materials, and increased penalties for safety violations. It also focuses on improving emergency response protocols, modernizing inspection and detection systems, and ensuring that trains carrying dangerous substances have at least two-person crews. Additionally, it provides financial support for developing new safety technologies and expanding emergency training and response resources.
Published
Keywords AI
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Bill Statistics
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AnalysisAI
The proposed legislation known as the "Railroad Safety Enhancement Act of 2024" aims to significantly boost the safety standards for trains transporting hazardous materials across the United States. It introduces a plethora of safety measures ranging from establishing stringent safety requirements for high-hazard trains to amendments for existing protocols on railroad infrastructure and worker safety. The bill is comprehensive, spread over two titles, addressing rail safety and hazardous materials emergency response.
General Summary of the Bill
Primarily, the bill is designed to enforce heightened safety requirements for trains categorized as "high-hazard," which engage in transporting dangerous materials. To mitigate risks, it mandates stringent speed limits, real-time tracking for shipments, and comprehensive emergency response plans. Additional measures focus on ensuring the safety of long trains, improving inspection protocols, and raising penalties for safety violations.
Also included is the establishment of development grants for safer tank cars and the implementation of advanced telematics and sensor systems on freight railcars. Moreover, the bill provides for various grant programs designed to enhance response capabilities concerning hazardous materials incidents.
Summary of Significant Issues
The legislation is not without its complications. The proposed allocation of funds, particularly the $100 million annually for telematics systems and $10 million for telematics and sensor development, lacks detailed guidelines. The absence of specific metrics for oversight raises concerns about the potential for wasteful spending or the inefficient use of resources.
Key terms such as "State-owned enterprise" and phrases related to defect detection systems are complex and could be construed ambiguously, impacting the fair allocation of funds. Concerns regarding data privacy are paramount, especially regarding the confidentiality of the proposed close call reporting system, which includes submissions of audio and video files from personal devices.
Furthermore, sections that introduce increased penalties for rail safety violations employ language that leaves room for subjectivity, creating potential for uneven application of fines. The study focused on highway-rail grade crossings lacks directive clarity which could impede the practical application of its recommendations.
Impact on the Public
Broadly, the bill seeks to enhance public safety by minimizing risks associated with hazardous materials transportation by train. Tighter safety regulations could lead to fewer accidents and incidents, potentially saving lives and the environment. However, the implementation could come with increased operational costs for the railroad industry, likely influencing consumer prices and potentially impacting services.
Impact on Specific Stakeholders
For the general public, the overarching goal of increased protection promises reduced risks in communities near railroad tracks. For first responders and emergency services, there is an evident push towards improved training and response readiness for hazardous incidents, enhancing their safety and effectiveness during emergencies.
For railroad companies, particularly those designated as Class I, the bill's requirements for more advanced technological integration and data handling could incur substantial costs and logistical challenges. Smaller companies might struggle with the financial implications, despite some leniency in penalties.
Overall, while the intentions of enhancing safety standards are noble and potentially life-saving, the bill could benefit from clearer execution strategies, especially in funding allocations, data management, and actionable follow-ups on research findings to ensure equitable and efficient implementation.
Financial Assessment
The "Railroad Safety Enhancement Act of 2024," or H.R. 8996, introduces several financial allocations intended to enhance the safety of trains transporting hazardous materials. The bill outlines funding for various programs and initiatives, reflecting a significant financial commitment to improving rail safety and emergency response.
Financial Allocations and Appropriations
The bill authorizes substantial financial appropriations across its sections. One of the major allocations includes up to $1,500,000,000 per year from 2025 to 2028 to the Secretary for grants under section 22909 of title 49, United States Code, dedicated to a railroad crossing elimination grant program (Sec. 120). Additionally, the bill sets aside $100,000,000 annually for fiscal years 2025 through 2028 for adopting telematics systems (Sec. 121) and $10,000,000 annually over the same period for the development of freight railcar onboard sensors (Sec. 122). There's also a provision for $22,000,000 for rail safety infrastructure research and development grants (Sec. 111), and an authorization of $5,000,000 to the Pipeline and Hazardous Materials Safety Administration for tank car research (Sec. 112).
Oversight and Effectiveness Concerns
One issue highlighted in the bill is the potential for ineffective spending, particularly regarding the lack of detailed guidelines for oversight or metrics for success in these extensive financial allocations. For instance, the allocation of $100,000,000 annually for telematics systems might lead to wasteful spending if not guided by clear metrics for success or oversight frameworks. This concern is echoed in the grants for rail safety research and tank car development, where no specific benchmarks for effectiveness are stipulated.
Confidentiality and Data Use
The introduction of enhanced data collection measures and the requirement for real-time electronic train consist information raise significant data privacy issues. Particularly concerning is the insufficiently detailed protection measures for this information, which could lead to significant security risks if not adequately safeguarded. This is connected to the financial allocations for new technology deployments, highlighting a need for structured guidelines on data handling.
Implementation and Compliance Risks
The penalty structures for violations of rail safety regulations, which include increasing fines up to $1,000,000 and even $5,000,000 for severe violations (Sec. 109), underscore the financial stakes involved in compliance. However, the subjective language around these penalties might lead to inconsistent enforcement, raising fairness concerns that could affect budget allocations if not addressed with clearer guidelines.
Grant Program Specifics
The bill also sets forth eligibility criteria and allocation strategies for grant programs, like those for telematics systems and sensor development, raising concerns about potential favoritism or undue advantages to specific industries or technologies. This aspect needs careful consideration to ensure fair distribution of the allocated funds and adaptability to future technological advancements.
In summary, while H.R. 8996 proposes significant financial investments to enhance train safety, it also brings to light several challenges concerning oversight, data privacy, and equitable grant distribution that require attention to ensure the proposed financial references achieve their intended impact efficiently and effectively.
Issues
The bill authorizes significant sums for various programs, such as the $100,000,000 annually for telematics systems (Sec. 121) and $10,000,000 for telematics and sensor development (Sec. 122), but lacks detailed guidelines for oversight or metrics for success, which might lead to wasteful spending or inefficient use of funds.
The confidential close call reporting system (Sec. 118) raises concerns about privacy due to the inclusion of audio or video files from personal devices and lacks specifics on how confidentiality will be maintained, potentially deterring participation.
The bill's definitions, such as 'State-owned enterprise' (Sec. 121) and terms regarding defect detection systems (Sec. 107 and Sec. 20173), are either vague or complex, leading to potential ambiguity or misinterpretation and could influence biased allocation of funds or resources.
The grant programs and pilot programs specified in various sections (e.g., Sec. 119 and Sec. 121) have eligibility criteria and funding allocations that could lead to favoritism or benefit specific technologies or industries without clear justification or updates for future technological advancements.
The railroad safety infrastructure research and development grants (Sec. 111) and tank car research and development appropriation (Sec. 112) do not specify clear metrics or benchmarks for effectiveness, posing a risk of ineffective spending of taxpayer money.
The section on increased penalties for violations of rail safety regulations (Sec. 109) uses subjective language, which might lead to inconsistent enforcement and perceptions of unfairness, particularly concerning doubling penalties for perceived indifference.
The requirement in Sec. 102 for Class I railroads to provide real-time electronic train consist information could raise significant data privacy concerns, lacking specific measures to ensure data protection, potentially exposing sensitive information to security risks.
The study on blocked highway-rail grade crossings (Sec. 104) lacks a clear mechanism for implementing or evaluating recommendations, which may result in ineffective use of resources if the findings are not translated into actionable solutions.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title; table of contents Read Opens in new tab
Summary AI
The Railroad Safety Enhancement Act of 2024 aims to improve rail safety through various measures such as safety requirements for different types of trains, increased penalties for violations, and the development of safer tank cars. It also includes initiatives for research, emergency response planning, drug testing, and technological advancements in rail systems.
101. Definitions Read Opens in new tab
Summary AI
Terms used in this section are defined as they are in section 20155 of title 49 of the United States Code, with changes made by section 102(a). The term "Secretary" specifically refers to the Secretary of Transportation.
102. Safety requirements for high-hazard trains Read Opens in new tab
Summary AI
The document outlines new safety rules for "high-hazard trains" which transport dangerous materials. It mandates speed limits, requires real-time train information, establishes reporting protocols for hazardous materials, and calls for emergency response plans to be submitted and reviewed regularly.
20155. High-hazard trains Read Opens in new tab
Summary AI
The section defines terms related to high-hazard trains and outlines rules for the safe transportation of hazardous materials by rail. It includes requirements for speed limits, real-time tracking of hazardous materials, emergency response plans, and collaboration between railroads and local agencies, aiming to enhance safety and coordination during potential rail incidents involving hazardous materials.
103. Ensuring the safety of long trains Read Opens in new tab
Summary AI
The section mandates that the Secretary of Transportation must evaluate and update safety regulations related to long freight trains, considering their length and weight, within a year of a particular report submission. It also requires reporting and justification for any unaddressed safety recommendations, and updated accident reporting to include train weight, with summaries made public online.
104. Blocked highway-rail grade crossings Read Opens in new tab
Summary AI
The section outlines a plan for the Secretary of Transportation to partner with the National Academy of Sciences to study blocked highway-rail grade crossings and suggest solutions, involving expert members without ties to the rail industry. It mandates a report in two years, allocates up to $2 million for the study, amends a program to prioritize certain bus routes, and requires railroads to provide a toll-free number for reporting blocked crossings, with exceptions for smaller rail carriers.
Money References
- (b) Members.—In establishing the membership to conduct the study described in subsection (a)(1), the National Academy of Sciences shall appoint not fewer than 3 of its members who— (1) are engineering or rail experts; (2) are not railroad carriers, or entities funded by railroad carriers; (3) have relevant experience in railroad safety technology or railroad operating experience; and (4) have no financial ties to the rail industry. (c) Elements.—The study conducted pursuant to subsection (a)(1) shall— (1) examine any potential impacts to railroad and community safety due to blocked highway-rail grade crossings; (2) identify potential financial impacts incurred by the railroad or its customers due to blocked crossings; (3) identify potential freight network efficiency impacts due to solutions that will reduce or eliminate the impacts of blocked crossings; (4) examine community impacts that result from blocked crossings; (5) examine causes for blocked crossings; (6) examine the potential impacts on railroad operations of the recommendations made in the report submitted pursuant to subsection (c), including reliability of service to customers; and (7) identify practical solutions to prevent blocked crossings. (d) Report.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the study conducted by the National Academy of Sciences pursuant to this section. (e) Funding.—From the amounts appropriated for fiscal year 2024 to carry out section 20108 of title 49, United States Code, the Secretary shall expend such sums as may be necessary, but not more than $2,000,000, to carry out the study required under this section.
105. Inspections Read Opens in new tab
Summary AI
The bill mandates that railroads allocate enough time for careful inspection of railcars, locomotives, and brakes to ensure safety compliance and requires regular audits and potential updates to inspection procedures. It also directs the Secretary to report annually on these audits while respecting collective bargaining agreements.
20172. Time available for inspection Read Opens in new tab
Summary AI
Railroads cannot limit the time inspectors need to ensure railcars, locomotives, and brakes meet safety laws, and inspectors must complete their work quickly unless safety concerns arise.
106. Emergency brake signals Read Opens in new tab
Summary AI
The section requires the Federal Railroad Administration to hold a meeting within 30 days to discuss safety regulations regarding emergency brake signals on trains. The focus of the meeting includes reviewing existing regulations and recommendations, assessing the need for more frequent communication checks between train brake devices, and considering improvements in signal transmissions for enhanced rail safety.
107. Defect detection systems Read Opens in new tab
Summary AI
The section establishes requirements for rail carriers to implement defect detection systems, which involve using devices to identify safety issues on trains. It mandates the creation of rulemaking and evaluation programs to set performance standards for detection systems, requires rail carriers to develop and update risk-based detection plans, and outlines enforcement and penalties for non-compliance. Additionally, it introduces a grant program to assist commuter railroads in installing these technologies.
20173. Defect detection systems Read Opens in new tab
Summary AI
The section outlines requirements for rail carriers to implement and maintain defect detection systems. It mandates the creation of plans to ensure rail safety, specifies necessary actions if defects are detected, and requires submission to and approval by the Secretary, with penalties for noncompliance.
108. Safe Freight Act of 2023 Read Opens in new tab
Summary AI
The Safe Freight Act of 2023 mandates that most freight trains operated by Class I railroads must have a minimum of two crew members: a qualified conductor and a locomotive engineer. There are exceptions for certain non-main line tracks, assistance locomotives, and trains that were previously allowed to operate with fewer crew members before the Act's enactment, unless deemed unsafe by the Secretary. High-hazard trains or those over 7,500 feet long cannot claim exceptions, but railroads may request a waiver for these requirements.
20154. Freight train crew size safety standards Read Opens in new tab
Summary AI
This section of the bill sets a rule that most freight trains run by major railroads must have a crew of at least two qualified individuals: one conductor and one engineer. There are certain exceptions, such as for trains on non-main line tracks, locomotives providing assistance due to mechanical issues, and some short-distance operations, but these exceptions do not apply to long trains or high-risk trains. A railroad can apply for a waiver from this rule, and the Secretary's authority in these matters is not limited by this section.
109. Increased penalties for violations of rail safety regulations Read Opens in new tab
Summary AI
The section discusses changes to rail safety violation penalties. It increases the fines for violating rail safety regulations, allows higher penalties for severe violations or repeat offenses, updates penalties for inflation, and removes certain sections from the existing legislation.
Money References
- “(2) The Secretary shall include in, or make applicable to, each requirement of, regulation prescribed under, and order issued under chapters 201 through 211 a civil penalty for a violation of such requirement, regulation, or order in an amount equal to— “(A) at least $5,000 and not more than $1,000,000; or “(B) if the person committing such violation is a small business concern (as such term is used in part 121 of title 13, Code of Federal Regulations (or a successor regulation)), including a Class III railroad, at least $1,000 and not more than $200,000.”; (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; (3) by inserting after paragraph (2) the following: “(3) If a violation described in paragraph (1) results in death, serious illness, or severe injury to any person, causes an imminent hazard of death or injury, or results in the substantial destruction of property, the Secretary may increase the civil penalty required under paragraph (2) to— “(A) a maximum of $5,000,000; or “(B) if the person committing such violation is a small business concern (as such term is used in part 121 of title 13, Code of Federal Regulations (or a successor regulation)), a maximum of $500,000. “
- (c) Updates of penalties for inflation.—Notwithstanding any other provision of law, including the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note), the inflation adjustment— (1) for minimum penalty amounts amended by this section, and any discretionary inflation adjustment of guideline penalty amounts by the Secretary, shall be rounded to the nearest multiple of $100; and (2) for maximum penalty amounts amended by this section, shall be rounded to the nearest multiple of $1,000. (d) Repeal.
110. Safer tank cars Read Opens in new tab
Summary AI
The section requires that starting December 31, 2027, all railroad tank cars used to transport certain flammable liquids must meet specific safety standards unless they are exceptions. It also allows for a possible one-year delay if manufacturing or other issues arise, and mandates a report on tank car manufacturing and retrofitting capacity to be completed 18 months after the law is enacted.
111. Rail safety infrastructure research and development grants Read Opens in new tab
Summary AI
The section requires the Federal Railroad Administration to provide grants for research and development focused on defect detectors and preventing derailments involving hazardous materials. Additionally, $22,000,000 is authorized for these grants and will remain available until spent.
Money References
- (b) Authorization of appropriations.—There is authorized to be appropriated to the Federal Railroad Administration, $22,000,000, which shall be used for the grants authorized under subsection (a) and shall remain available until expended.
112. Authorization of appropriations for tank car research and development Read Opens in new tab
Summary AI
The section authorizes $5,000,000 for the Pipeline and Hazardous Materials Safety Administration to spend on developing tank cars that are stronger and safer, including improved valves and other safety features.
Money References
- There is authorized to be appropriated to the Pipeline and Hazardous Materials Safety Administration, $5,000,000, which shall be used for expenses related to the development of— (1) stronger, safer tank cars and valves for tank cars; and (2) other tank car safety features. ---
113. Federal Railroad Administration safety culture Read Opens in new tab
Summary AI
The section mandates that the Inspector General of the Department of Transportation conduct a review of the Federal Railroad Administration's safety culture within a year and report findings to Congress with recommendations for improvements. Additionally, within a year of receiving this report, the Secretary must publish an action plan addressing these recommendations online and submit it to relevant congressional committees.
114. GAO report on roadway worker protections Read Opens in new tab
Summary AI
The section requires the Comptroller General of the United States to review and report on technologies that protect roadway workers from train-related hazards. The report, due within a year, should examine the effectiveness, costs, benefits, and challenges of these technologies, including their ability to prevent accidents, while ensuring they don't interfere with railway operations.
115. Federal Railroad Administration safety workforce management Read Opens in new tab
Summary AI
The section requires the Inspector General of the Department of Transportation to deliver a report within a year, reviewing how the Federal Railroad Administration manages its safety inspector staff, assessing factors like workforce numbers and hiring challenges, geographic allocation, and strategies for recruitment and retention, along with offering recommendations for improvements in workforce management and inspection capacity.
116. Office of Personnel Management review of safety inspector and specialist classifications Read Opens in new tab
Summary AI
The Office of Personnel Management must review and possibly update the Railroad Safety Series classification to better reflect technological and operational changes in the railroad industry within 270 days of the act's enactment. If the review concludes that no changes are necessary, a report explaining this decision must be submitted to various congressional committees within 30 days.
117. Alcohol and drug testing Read Opens in new tab
Summary AI
The law requires the Secretary to update regulations within one year to ensure that railroad employees who inspect trains and equipment are tested for alcohol and drugs. These employees will be subject to specific testing rules already outlined in federal regulations.
118. Confidential close call reporting system Read Opens in new tab
Summary AI
The section outlines a confidential reporting system for close call events in transportation, requiring NASA and the Federal Railroad Administration to manage it, and allowing individuals to submit reports with details like location and multimedia files. It also mandates that major railroads and Amtrak participate in the system within 60 days of the enactment of the law.
119. AskRail application Read Opens in new tab
Summary AI
The section outlines that state transportation departments must notify first responders about the AskRail app within 180 days if a Class 1 railroad operates in the state to qualify for certain financial aid. Additionally, it mandates a pilot program for improving internet connectivity for first responders during railway accidents, with funding authorized for 2025-2028, and requires reporting to Congress on the program's effectiveness.
Money References
- (5) ELIGIBILITY.—An eligible entity to carry out activities under the pilot program includes— (A) a broadband internet access service provider; (B) a satellite internet provider; and (C) a provider of supplemental coverage from space or fixed wireless technology. (6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $25,000,000 for each of the fiscal years 2025 through 2028, to remain available until expended. (7) REPORT TO CONGRESS.—Not later than 1 year after the conclusion of the pilot program, the Administrator shall submit to the Committee on Commerce, Science and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives a report on— (A) the effectiveness and usage of the technologies or infrastructure utilized and deployed in such program; (B) recommendations about their suitability for deployment across further portions of the national rail network; and (C) recommendations to update grant priorities and eligibility guidance for administering railway safety Federal grant and loan programs to encourage investing in and modernizing emergency communications capabilities, including satellite internet providers, fixed wireless technology, and the nationwide public safety broadband network, as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401). ---
120. Increased funding for the railroad crossing elimination grant program Read Opens in new tab
Summary AI
The text outlines an amendment to a law providing $1.5 billion each year from 2025 to 2028 for a grant program aimed at removing railroad crossings. To receive these funds, state transportation departments must submit a report on the most dangerous crossings in their state.
Money References
- “(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary for grants under section 22909 of title 49, United States Code, $1,500,000,000 for each of fiscal years 2025 through 2028.
121. Grant programs for adoption of certain telematics systems Read Opens in new tab
Summary AI
The section outlines a grant program by the Federal Railroad Administration to assist owners or operators of freight railcars in installing and maintaining telematics systems and gateway devices. This initiative aims to improve real-time visibility, enhance safety, and boost efficiency while prioritizing certain railcar types and conditions for funding, and authorizing $100 million annually from 2025 to 2028.
Money References
- (h) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2025 through 2028, to remain available until expended.
122. Enhancing freight railcar onboard telematics and sensor development pilot program Read Opens in new tab
Summary AI
The section establishes a pilot program led by the Federal Railroad Administration to help freight railcar owners and manufacturers develop onboard sensor technologies. These sensors aim to enhance the safety and maintenance of railcars by providing real-time data on things like temperature and brake status, with $10 million allocated annually from 2025 to 2028 to support these initiatives.
Money References
- (2) RAILROAD FREIGHT CAR.—The term “railroad freight car” means a car designed to carry freight or railroad personnel by rail, including— (A) a box railcar; (B) a refrigerator railcar; (C) a ventilator railcar; (D) an intermodal well railcar; (E) a gondola railcar; (F) a hopper railcar; (G) an auto rack railcar; (H) a flat railcar; (I) a special railcar; (J) a caboose railcar; (K) a tank railcar; and (L) a yard railcar. (3) TELEMATICS.—The term “telematics” means a technology that— (A) relies on telecommunications, informatics, and computer and data processing; (B) generates data and informatics from gateway devices fixed to railcars and provide for the exchange of information over a distance using battery or solar powered wireless connections; and (C) includes the method upon which freight railcars are monitored by using GPS technology through a gateway device using on-board diagnostics to plot a railcar’s movements and, if applicable, gather railcar equipment health and condition data from other onboard railcar sensors when applied. (4) GATEWAY DEVICE.—The term “gateway device” means a network hardware or software node used in freight railcar telecommunications that— (A) connects two networks with different transmission protocols together; (B) serve as an entry and exit point for a network as all data collected from the railcar must pass through or communicate with the gateway prior to being routed; (C) are distinct from routers or switches in that they communicate using more than one protocol to connect multiple networks; and (D) may be any device on a freight railcar that is embedded with electronics, software, sensors, or other connectivity, that enables the device to connect to, collect data from, or exchange data with another device, including— (i) railcar onboard telematics; (ii) global positioning system satellite and cellular location tracking systems; (iii) railcar event status sensors; (iv) railcar predictive component condition and performance monitoring sensors; and (v) similar sensitive technologies embedded into freight railcar components and sub-assemblies. (f) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2025 through 2028, to remain available until expended. ---
123. Train approach warning Read Opens in new tab
Summary AI
The section mandates that within a year, the Secretary of Transportation must develop regulations to ensure railroads provide warning equipment such as whistles, air horns, flags, or lanterns for roadway workers. Verbal warnings are allowed only if the worker is within arm's reach of the person giving the warning.
124. Railroad-Shipper Transportation Advisory Council Read Opens in new tab
Summary AI
The section amends the United States Code to expand the Railroad-Shipper Transportation Advisory Council from 19 to 23 members, including representatives from the railcar leasing industry. It also defines what a rail car lessor is, stating that they are entities that own and lease rail cars to railroads or shippers while providing services, and are independent of any rail carriers or operators.
201. Hazardous materials registration fees Read Opens in new tab
Summary AI
The text amends Section 5108(g) of title 49 of the United States Code to clarify the process for setting annual fees for hazardous materials registrations. The Secretary is required to set an annual fee between $250 and $500 for small businesses and between $500 and $5,000 for others, based on whether they need to file a registration statement.
Money References
- “(B) REQUIREMENT.—Subject to subparagraph (C), the fee established under subparagraph (A) shall be— “(i) at least $250 but not more than $500 from each person that— “(I) is required to file a registration statement under this section; and “(II) is identified as a small business (within the meaning of part 121 of title 13, Code of Federal Regulations (or successor regulations)); and “(ii) at least $500 but not more than $5,000 from each person that— “(I) is required to file a registration statement under this section; and “(II) is not identified as a small business (within the meaning of part 121 of title 13, Code of Federal Regulations (or successor regulations)).”. ---
202. Virtual training options Read Opens in new tab
Summary AI
The amendment to Section 5115(b)(1) of title 49, United States Code, proposes adding recommendations for adapting certain training courses for virtual learning. It emphasizes that these virtual options should provide the same quality of training as traditional in-person courses.
203. Hazardous materials transportation emergency response and preparedness grants Read Opens in new tab
Summary AI
The section amends existing U.S. law to enhance emergency response and preparedness for hazardous materials transportation. It includes provisions for using grant funds to purchase protective equipment, conduct training, and develop emergency response plans, as well as adjusting funding structures and requirements for state and tribal involvement.
Money References
- (B) In developing a hazardous materials transportation emergency response preparedness gap analysis under subparagraph (A), the entity preparing the analysis shall— “(i) coordinate with Regional Response Teams (as described in section 300.115 of title 40, Code of Federal Regulations (or a successor regulation)); “(ii) include States, Tribes, hazardous materials emergency response programs, local governments, and emergency response personnel (including fire service organizations) in that development, as appropriate; and “(iii) provide an opportunity for States, Tribes, hazardous materials emergency response programs, local governments, and emergency response personnel (including fire service organizations) to review and comment on the analysis before the analysis is published.”; (3) in subsection (d)— (A) in the second sentence, by striking “Amounts” and inserting the following: “(2) CERTAIN AMOUNTS.—Amounts”; (B) in the first sentence, by striking “A grant under this section is for 80 percent of the cost the State or Indian tribe incurs” and inserting the following: “(1) IN GENERAL.—A grant under this section is for 90 percent of the costs incurred by a State, or 100 percent of the costs incurred by a Tribe,”; and (C) by adding at the end the following: “(3) IN-KIND CONTRIBUTIONS.—For purposes of this subsection, the contributions of a State or Tribe toward the costs of an activity funded by a grant under this section may be in the form of in-kind contributions.”; (4) in subsection (h)— (A) in the second sentence— (i) in paragraph (4), by striking “2 percent” and inserting “4 percent”; (ii) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; and (iii) in the matter preceding subparagraph (A) (as so redesignated), by striking “Without” and inserting the following: “(2) USES.—Without”; (B) in the first sentence— (i) by striking “section 5108(g)(2)(C) of this title” and inserting “section 5108(g)(2)(D)”; and (ii) by striking “The Secretary” and inserting the following: “(1) IN GENERAL.—The Secretary”; and (C) by adding at the end the following: “(3) SET ASIDE.— “(A) IN GENERAL.—The amounts collected under section 5123— “(i) shall be set aside for the purpose of carrying out subsection (k); and “(ii) shall be available, without further appropriation, for that purpose. “(B) APPLICATION.—The set-aside described in subparagraph (A)— “(i) shall apply until the earliest date on which the total amount set aside and available for expenditure under that subparagraph equals or exceeds $50,000,000; and “(ii) after that date, shall apply to each subsequent period— “(I) beginning on a date on which the total amount set aside and available for expenditure under that subparagraph is less than $20,000,000; and “(II) ending on the earliest subsequent date on which the total amount set aside and available for expenditure under that subparagraph equals or exceeds $50,000,000.”; (5) in subsection (k)— (A) in paragraph (3), by striking “such planning and training programs” and inserting “each grant program”; (B) by redesignating paragraphs (1) through (4) as subparagraphs (A), (B), (D), and (E), respectively, and indenting appropriately; (C) by inserting after subparagraph (B) (as so redesignated) the following: “(C) a description of any personal protective equipment purchased using grant funds;”; and (D) in the matter preceding subparagraph (A) (as so redesignated)— (i) in the first sentence, by striking “an annual report”; and (ii) by striking “the report to the public” in the first sentence and all that follows through “grants and include—” in the third sentence and inserting the following: “to the public an annual report that— “(1) includes information on the allocation and uses of the grants made available under— “(A) this section; and “(B) subsections (e) and (i) of section 5107; “(2) identifies the ultimate recipients of those grants; “(3) identifies the amount of funding available for each grant; “(4) describes any unobligated balances, total annual drawdown by each grantee, and recovered balances; “(5) includes the amount of funding rescinded, by grant recipient, for each grant; and “(6) includes—”; (6) by striking “tribe” each place it appears and inserting “Tribe”; and (7) by striking “tribes” each place it appears and inserting “Tribes”. (b) Assistance for local emergency response training.—Section 5116(j)(1)(A) of title 49, United States Code, is amended by striking “liquids” and inserting “materials”.
- (c) Authorization of appropriations.—Section 5128(b) of title 49, United States Code, is amended— (1) in the matter preceding paragraph (1), by striking “Hazardous Materials Preparedness Fund” and inserting “Hazardous Materials Emergency Preparedness Fund”; (2) in paragraph (3), by striking “section 5116(h)(3); and” and inserting “section 5116(h)(2)(C);”; and (3) by striking paragraph (4) and inserting the following: “(4) $4,000,000 to carry out section 5116(i); and “(5) $1,000,000 to carry out section 5116(j).”. (d) Clerical amendment.—The analysis for chapter 51 of title 49, United States Code, is amended by striking the item relating to section 5116 and inserting the following: “5116. Hazardous materials transportation emergency response and preparedness.”.
5116. Hazardous materials transportation emergency response and preparedness Read Opens in new tab
Summary AI
The section addresses the protocols for handling emergencies involving the transportation of hazardous materials. It focuses on improving the response and preparedness for such incidents to ensure safety and mitigate risks.
204. Emergency response assistance Read Opens in new tab
Summary AI
The text outlines the creation of an emergency response assistance program aimed at providing quick financial aid to communities dealing with major hazardous materials transportation incidents. It includes definitions, fund usage guidelines, and procedures for reimbursement, emphasizing swift compensation and program efficiency, while ensuring responsible parties are held liable.
Money References
- “(1) DEFINITIONS.—In this subsection: “(A) SIGNIFICANT HAZARDOUS MATERIALS TRANSPORTATION INCIDENT.—The term ‘significant hazardous materials transportation incident’ means an incident that— “(i) involves hazardous materials being moved by a motor carrier or rail carrier; “(ii) requires a response by at least 1 eligible entity described in paragraph (6) for which the Secretary estimates the costs to the eligible entity to be at least $15,000; and
- “(B) SUBSTANTIAL PROPERTY DAMAGE.—The term ‘substantial property damage’ means damage to public or private property or the environment (including clean up costs) the Secretary reasonably estimates to be more than $45,000.
- — “(A) IN GENERAL.—The Secretary shall immediately make available from the amount set aside under subsection (h)(3) in the Hazardous Materials Emergency Preparedness Fund established under subsection (h)(1) (referred to in this subsection as the ‘Fund’) up to $10,000,000 to quickly reimburse eligible entities described in paragraph (6) that responded to a significant hazardous materials transportation incident if— “(i) the Secretary declares the incident a significant hazardous materials transportation incident; and “(ii) at least 14 days but not later than 21 days after the declaration of a significant hazardous materials transportation incident, the Secretary determines, in accordance with paragraph (8), that the responsible party does not have an acceptable reimbursement plan.
- — “(A) IN GENERAL.—Funds made available under paragraph (4) or (5) may be used only— “(i) for the cost of replacing personal protective equipment that is damaged, contaminated, or otherwise rendered unusable as a result of the response of the eligible entity to a significant hazardous materials transportation incident; “(ii) for overtime pay of employees of eligible entities that responded to the scene of a significant hazardous materials transportation incident; “(iii) for operational costs exceeding standard operating expenses that are directly related to the cost of responding to the significant hazardous materials transportation incident, such as the costs of running a supplementary emergency response center; “(iv) for the cost of providing baseline health care assessments to emergency response personnel who responded to the significant hazardous materials transportation incident, but not more than $1,000 per person, which shall be adjusted annually for inflation; and “(v) to reimburse an eligible entity for an eligible cost described in any of clauses (i) through (iv) that is incurred within 30 days of the date of a significant hazardous materials transportation incident.