$10,000,000 for each of fiscal years 2025 through 2028, 
to remain available until expended. 
SEC. 123. TRAIN APPROACH WARNING. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall promul-
gate or update such regulations as are necessary to require 
that all railroads provide warning equipment to railroad 
watchmen and lookouts for roadway workers that— 
(1) include whistles, air horns, white disks or 
red flags, or lanterns; and 
(2) may only include the use of a verbal warn-
ing if a single worker receiving such warning is with-
in arms reach of the individual issuing such warn-
ing. 
SEC. 124. RAILROAD-SHIPPER TRANSPORTATION ADVISORY 
COUNCIL. 
Section 1325 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘19’’ and inserting ‘‘23’’; 
(B) in paragraph (1) by inserting ‘‘, railcar 
leasing,’’ before ‘‘and rail shipper industries.’’; 
and 
(C) in paragraph (3)— 
(i) by striking ‘‘6’’ and inserting ‘‘8’’; 
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(ii) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(iii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(C) 2 shall be representatives of rail car 
lessors.’’; and 
(2) by adding at the end the following: 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) RAIL CAR LEASING.—The terms ‘rail car 
leasing’ means the act of leasing a rail car by a rail 
car lessor. 
‘‘(2) RAIL CAR LESSOR.—The term ‘rail car les-
sor’ means an entity that— 
‘‘(A) owns a variety of different types of 
rail cars and lease such rail cars to railroads or 
shippers under contracts that require the lessor 
to provide maintenance and administrative serv-
ices; and 
‘‘(B) is not owned or controlled by an enti-
ty or entities that are rail carriers, rail opera-
tors, or shippers.’’. 
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TITLE 
II—HAZARDOUS 
MATE-
RIALS 
EMERGENCY 
RE-
SPONSE AND PREPAREDNESS 
SEC. 201. HAZARDOUS MATERIALS REGISTRATION FEES. 
Section 5108(g) of title 49, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘(1) The Sec-
retary’’ and inserting the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (C), by striking ‘‘(C) 
The Secretary’’ and inserting the following: 
‘‘(D) TRANSFER AND DEPOSIT.—The Sec-
retary’’; 
(B) in subparagraph (B), by striking ‘‘(B) 
The Secretary’’ and inserting the following: 
‘‘(C) ADJUSTMENT.—The Secretary’’; and 
(C) by striking ‘‘(2)(A) In addition’’ and 
all that follows through the period at the end 
of clause (ix) of subparagraph (A) and inserting 
the following: 
‘‘(2) ANNUAL FEE.— 
‘‘(A) ESTABLISHMENT.—In addition to a 
fee established under paragraph (1), the Sec-
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retary shall establish and impose by regulation 
and collect an annual fee. 
‘‘(B) REQUIREMENT.—Subject to subpara-
graph (C), the fee established under subpara-
graph (A) shall be— 
‘‘(i) at least $250 but not more than 
$500 from each person that— 
‘‘(I) is required to file a registra-
tion statement under this section; and 
‘‘(II) is identified as a small busi-
ness (within the meaning of part 121 
of title 13, Code of Federal Regula-
tions (or successor regulations)); and 
‘‘(ii) at least $500 but not more than 
$5,000 from each person that— 
‘‘(I) is required to file a registra-
tion 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 Regu-
lations (or successor regulations)).’’. 
SEC. 202. VIRTUAL TRAINING OPTIONS. 
Section 5115(b)(1) of title 49, United States Code, 
is amended— 
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(1) in subparagraph (B), by striking ‘‘and’’ 
after the semicolon at the end; and 
(2) by adding at the end the following: 
‘‘(D) recommendations for the development 
of courses described in subparagraph (B) that 
have been adapted for virtual learning and any 
courses for which the Secretary has rec-
ommended adaptation to provide virtual op-
tions, subject to the condition that the Sec-
retary ensures that the virtual options rec-
ommended will provide an equivalent level of 
training as in-person courses; and’’. 
SEC. 
203. 
HAZARDOUS 
MATERIALS 
TRANSPORTATION 
EMERGENCY RESPONSE AND PREPAREDNESS 
GRANTS. 
(a) IN GENERAL.—Section 5116 of title 49, United 
States Code, is amended— 
(1) by striking the section designation and 
heading and inserting the following: 
‘‘§ 5116. Hazardous materials transportation emer-
gency response and preparedness’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by striking 
‘‘and’’ after the semicolon at the end; 
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(ii) in subparagraph (C)— 
(I) by striking ‘‘public sector em-
ployees’’ and inserting ‘‘emergency re-
sponse personnel’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) until September 31, 2026, to purchase 
personal protective equipment, as determined by the 
Secretary, needed to respond to a hazardous mate-
rials emergency response incident, consistent with 
paragraph (7) and subject to the condition that not 
more than 50 percent of the funds made available 
under this subsection may be used for that purpose; 
‘‘(E) to conduct and organize simulated and 
field exercises relating to hazardous materials trans-
portation incidents; and 
‘‘(F) to develop a hazardous materials transpor-
tation emergency response preparedness gap analysis 
in accordance with paragraph (9).’’; 
(B) in paragraph (5)(A)— 
(i) in clause (i), by striking ‘‘public 
sector employees being trained’’ and insert-
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ing ‘‘emergency response personnel being 
trained virtually or in person’’; 
(ii) in clause (ii), by striking ‘‘employ-
ees’’ and inserting ‘‘personnel’’; 
(iii) in clause (iii)— 
(I) by striking ‘‘employees’’ and 
inserting ‘‘personnel’’; and 
(II) by striking ‘‘and’’ after the 
semicolon at the end; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(v) to cover the costs of personnel needed 
to replace any personnel being trained; and 
‘‘(vi) to cover lost wages for any volunteer 
being trained, up to a reasonable amount deter-
mined by the Secretary;’’; 
(C) in paragraph (6)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) whether grant funds will be used to sup-
port the ability of the United States to respond to 
hazardous materials incidents near infrastructure 
commonly used to transport hazardous materials;’’; 
and 
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providing grant funding to eligible local entities pursuant 
to the extension is necessary to promote effective invest-
ments to prepare for or respond to hazardous materials 
transportation incidents. 
‘‘(D) Subparagraph (A) shall not apply to Tribes, the 
District of Columbia, the Commonwealth of Puerto Rico, 
American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, or the Virgin Islands. 
‘‘(E) An eligible local entity may petition the Sec-
retary to request that grant funds be provided by the Sec-
retary directly to the eligible local entity if a State fails 
to apply for a grant under this subsection. 
‘‘(F) In making grant funds available to eligible local 
entities under subparagraph (A), States shall consider 
whether the eligible local entity has a high proportion of 
volunteer emergency responders. 
‘‘(G) For purposes of this paragraph, term ‘eligible 
local entity’ means each of the following: 
‘‘(i) A political subdivision of a State. 
‘‘(ii) A public emergency response organiza-
tion.’’; 
(F) by inserting after paragraph (6) (as so 
redesignated) the following: 
‘‘(7) A recipient of funds provided under this sub-
section may use the funds to purchase personal protective 
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equipment only if the recipient agrees to properly maintain 
and store that personal protective equipment.’’; and 
(G) by inserting after paragraph (8) (as so 
redesignated) the following: 
‘‘(9)(A) Each hazardous materials transportation 
emergency response preparedness gap analysis shall in-
clude— 
‘‘(i) an identification of gaps and limitations of 
the hazard response program of the applicable juris-
diction, including— 
‘‘(I) knowledge and personal protective 
equipment gaps; and 
‘‘(II) gaps in training, including Incident 
Command Management training and ASTM 
Standard E3241 training; and 
‘‘(ii) a strategic plan to address the gaps and 
limitations identified under clause (i). 
‘‘(B) In developing a hazardous materials transpor-
tation 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)); 
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‘‘(ii) include States, Tribes, hazardous materials 
emergency response programs, local governments, 
and emergency response personnel (including fire 
service organizations) in that development, as appro-
priate; and 
‘‘(iii) provide an opportunity for States, Tribes, 
hazardous materials emergency response programs, 
local governments, and emergency response per-
sonnel (including fire service organizations) to re-
view and comment on the analysis before the anal-
ysis 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 in-
serting 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: 
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‘‘(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 appro-
priately; and 
(iii) in the matter preceding subpara-
graph (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: 
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‘‘(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 fur-
ther appropriation, for that purpose. 
‘‘(B) APPLICATION.—The set-aside de-
scribed in subparagraph (A)— 
‘‘(i) shall apply until the earliest date 
on which the total amount set aside and 
available for expenditure under that sub-
paragraph 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 sub-
sequent date on which the total 
amount set aside and available for ex-
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penditure 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 appro-
priately; 
(C) by inserting after subparagraph (B) 
(as so redesignated) the following: 
‘‘(C) a description of any personal protec-
tive 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 pub-
lic’’ in the first sentence and all that fol-
lows through ‘‘grants and include—’’ in 
the third sentence and inserting the fol-
lowing: ‘‘to the public an annual report 
that— 
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‘‘(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 insert-
ing ‘‘materials’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
5128(b) of title 49, United States Code, is amended— 
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(2) Section 5123 of title 49, United States 
Code, is amended by striking subsection (g) and in-
serting the following: 
‘‘(g) 
TRANSFER
OF
AMOUNTS
COLLECTED.— 
Amounts collected under this section shall be transferred 
to the Hazardous Materials Emergency Preparedness 
Fund established under section 5116(h).’’. 
SEC. 204. EMERGENCY RESPONSE ASSISTANCE. 
Section 5116 of title 49, United States Code, is 
amended— 
(1) by redesignating subsection (k) as sub-
section (l); 
(2) by inserting after subsection (j) the fol-
lowing: 
‘‘(k) EMERGENCY RESPONSE ASSISTANCE.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) SIGNIFICANT HAZARDOUS MATERIALS 
TRANSPORTATION
INCIDENT.—The term ‘sig-
nificant hazardous materials transportation in-
cident’ means an incident that— 
‘‘(i) 
involves 
hazardous 
materials 
being moved by a motor carrier or rail car-
rier; 
‘‘(ii) requires a response by at least 1 
eligible entity described in paragraph (6) 
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for which the Secretary estimates the costs 
to the eligible entity to be at least $15,000; 
and 
‘‘(iii) results in a serious injury, fatal-
ity, or substantial property damage. 
‘‘(B) SUBSTANTIAL PROPERTY DAMAGE.— 
The term ‘substantial property damage’ means 
damage to public or private property or the en-
vironment (including clean up costs) the Sec-
retary reasonably estimates to be more than 
$45,000. 
‘‘(2) ESTABLISHMENT OF PROGRAM.—Not later 
than 1 year after the date of enactment of the Rail-
road Safety Enhancement Act of 2024, the Sec-
retary, in consultation with the Administrator of the 
Federal Emergency Management Agency and the 
Administrator of the Environmental Protection 
Agency, after providing an opportunity for notice 
and comment, shall establish an emergency response 
assistance program to provide immediate financial 
assistance to communities responding to a signifi-
cant hazardous materials transportation incident. 
‘‘(3) 
SIGNIFICANT
HAZARDOUS
MATERIALS 
TRANSPORTATION INCIDENT.— 
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‘‘(A) IN
GENERAL.—The Secretary shall 
have the authority to declare a significant haz-
ardous materials transportation incident. 
‘‘(B) GUIDELINES.—The Secretary shall 
establish and publish guidelines to determine 
whether a significant hazardous materials 
transportation incident has occurred. 
‘‘(4) RELEASE OF FUNDS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
immediately make available from the amount 
set aside under subsection (h)(3) in the Haz-
ardous 
Materials 
Emergency 
Preparedness 
Fund established under subsection (h)(1) (re-
ferred to in this subsection as the ‘Fund’) up 
to $10,000,000 to quickly reimburse eligible en-
tities described in paragraph (6) that responded 
to a significant hazardous materials transpor-
tation incident if— 
‘‘(i) the Secretary declares the inci-
dent a significant hazardous materials 
transportation incident; and 
‘‘(ii) at least 14 days but not later 
than 21 days after the declaration of a sig-
nificant hazardous materials transportation 
incident, the Secretary determines, in ac-
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cordance with paragraph (8), that the re-
sponsible party does not have an accept-
able reimbursement plan. 
‘‘(B) ADDITIONAL FUNDS.—In addition to 
any amounts made available under subpara-
graph (A), the Secretary shall make additional 
funding available from the amount set aside 
under subsection (h)(3) in the Fund if the Sec-
retary determines that the additional funding is 
necessary. 
‘‘(C) AUTHORITY.—The Secretary may 
make funds available under this subsection if 
the Secretary determines the responsible party 
is not complying with its acceptable plan under 
paragraph (8). 
‘‘(5) ADMINISTRATION
OF
FUNDS.—The Sec-
retary may provide funds from the amount set aside 
under subsection (h)(3) in the Fund to a State in 
which a hazardous materials transportation incident 
occurred for the State to use and administer reim-
bursements in accordance with this subsection, in-
cluding by providing funds to eligible entities de-
scribed in paragraph (6). 
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‘‘(6) ELIGIBLE ENTITIES DESCRIBED.—The eli-
gible entities referred to in paragraphs (4)(A) and 
(5) are— 
‘‘(A) States, territories, and Tribes; 
‘‘(B) political subdivisions of a State or 
territory; and 
‘‘(C) public emergency response organiza-
tions. 
‘‘(7) USE OF FUNDS.— 
‘‘(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, con-
taminated, 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 trans-
portation incident; 
‘‘(iii) for operational costs exceeding 
standard operating expenses that are di-
rectly related to the cost of responding to 
the significant hazardous materials trans-
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portation incident, such as the costs of 
running a supplementary emergency re-
sponse center; 
‘‘(iv) for the cost of providing baseline 
health care assessments to emergency re-
sponse personnel who responded to the sig-
nificant 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. 
‘‘(B) DOCUMENTATION
OF
COSTS.—Not 
later than 1 year after the date on which the 
Secretary declares a significant hazardous ma-
terials transportation incident for which an eli-
gible entity receives assistance under this sub-
section, the eligible entity shall submit to the 
Secretary documentation for each item for 
which that assistance was used pursuant to the 
eligible uses of funds described in subparagraph 
(A). 
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‘‘(C) MISUSE OF FUNDS.—If the Secretary 
determines that an eligible entity has used as-
sistance received under this subsection in a 
manner that violates subparagraph (A) or any 
other provision of this subsection, the eligible 
entity shall reimburse the Fund (if the assist-
ance was provided from the Fund) or the re-
sponsible party (if the assistance was provided 
by the responsible party), for the amount of 
that assistance. 
‘‘(8) ACCEPTABLE PLAN.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (4)(A)(ii), the Secretary shall consider a 
reimbursement plan of a responsible party to be 
acceptable if the plan seeks to review and proc-
ess claims made by eligible entities for the costs 
described in paragraph (7) not later than 90 
days after the date of the significant hazardous 
materials transportation incident. 
‘‘(B) 
ADVANCE
SUBMISSION; 
CERTAIN 
PLANS.— 
‘‘(i) ADVANCE
SUBMISSION.—A plan 
to provide reimbursement to eligible enti-
ties in accordance with subparagraph (A) 
may be submitted to the Secretary for ap-
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proval in advance of any significant haz-
ardous materials transportation incident to 
which the plan might apply. 
‘‘(ii) CERTAIN
PLAN.—A hazardous 
materials emergency response plan ap-
proved by the Secretary in accordance with 
section 20155(e) shall be considered an ac-
ceptable plan for purposes of this sub-
section. 
‘‘(9) 
REIMBURSEMENT
BY
RESPONSIBLE 
PARTY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (F), the party responsible for a signifi-
cant hazardous materials transportation inci-
dent shall be liable to the Secretary for reim-
bursement of all amounts disbursed from the 
Fund under this subsection for that significant 
hazardous materials transportation incident. 
‘‘(B) REQUIREMENT.—Any funding recov-
ered by the Secretary under this subsection 
shall be deposited back into the Fund. 
‘‘(C) NOTICE.—After the Secretary has re-
ceived the documented costs under paragraph 
(7)(B), the Secretary shall provide notice to the 
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responsible party regarding the total amount 
owed. 
‘‘(D) FINAL AGENCY ACTION.—Not later 
than 30 days after the Secretary makes a deter-
mination of the amount for which the respon-
sible party is liable under subparagraph (A), 
the responsible party may challenge that deter-
mination as a final agency action. 
‘‘(E) CIVIL ACTION.— 
‘‘(i) 
IN
GENERAL.—The 
Attorney 
General may bring a civil action in an ap-
propriate district court of the United 
States to collect unpaid amounts under 
this paragraph and any accrued interest on 
those amounts. 
‘‘(ii) LIMITATION
ON
JUDICIAL
RE-
VIEW.—In a civil action under clause (i), 
the amount for which a responsible party 
is liable, as determined by the Secretary, 
unless challenged under subparagraph (D), 
shall not be subject to judicial review. 
‘‘(F) 
DISCRETION.—If 
the 
responsible 
party is a small business concern (within the 
meaning of part 121 of title 13, Code of Fed-
eral Regulations (or successor regulations)) that 
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100 
is unable to fully reimburse the Secretary, the 
Secretary shall have discretion with respect to 
the amount of funds the Secretary requests 
from the responsible party under this para-
graph. 
‘‘(10) STREAMLINED APPLICATION PROCESS.— 
The Secretary shall streamline the application proc-
ess for the receipt of funds under this subsection, in-
cluding by— 
‘‘(A) providing technical assistance to eligi-
ble entities; and 
‘‘(B) creating a template that eligible enti-
ties can use to apply for funding. 
‘‘(11) SAVINGS PROVISIONS.— 
‘‘(A) LIABILITY.—Nothing in this sub-
section limits, or may be construed to limit, the 
liability of a responsible party. 
‘‘(B) REIMBURSEMENT.— 
‘‘(i) 
IN
GENERAL.—A 
responsible 
party may, in accordance with any other 
applicable law— 
‘‘(I) seek to establish that an-
other party was responsible, in whole 
or in part (as such other law allows), 
for the applicable significant haz-
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101 
ardous materials transportation inci-
dent; and 
‘‘(II) seek reimbursement (to the 
extent such other law allows) from 
that other party. 
‘‘(ii) 
EFFECT
OF
SUBSECTION.— 
Nothing in this subsection limits, or may 
be construed to limit, the ability of a re-
sponsible party to seek reimbursement 
from any other party found to be respon-
sible in any civil action arising from the 
applicable significant hazardous materials 
transportation incident. 
‘‘(iii) EFFECT OF DETERMINATION.— 
A determination by the Secretary that a 
party is a responsible party for purposes of 
this subsection shall not be considered or 
otherwise have any effect with respect to 
the determination of liability in any civil 
action described in clause (ii). 
‘‘(iv) EFFECT
OF
REIMBURSEMENTS 
AND
OTHER
ACTIVITIES.—No 
activity 
taken under this subsection to reimburse 
an eligible entity, reimburse the Secretary, 
prepare or carry out a reimbursement 
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102 
plan, or otherwise comply with or make a 
payment under this subsection shall be 
considered or otherwise have any effect 
with respect to the determination of liabil-
ity in any civil action described in clause 
(ii). 
‘‘(12) COMPTROLLER GENERAL REPORT.— 
‘‘(A) IN GENERAL.—Not later than Sep-
tember 30, 2027, the Comptroller General of 
the United States shall submit to the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on 
Transportation and Infrastructure of the House 
of Representatives a report on the effectiveness 
this subsection. 
‘‘(B) CONTENTS.—The report submitted 
under subparagraph (A) shall include, at a min-
imum, information on— 
‘‘(i) the number of significant haz-
ardous materials transportation incidents 
that received funding under this sub-
section; 
‘‘(ii) the amount of financial assist-
ance the Secretary provided to eligible enti-
ties; 
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103 
‘‘(iii) the amount of financial assist-
ance responsible parties submitted to the 
Secretary under paragraph (9); 
‘‘(iv) the amount of reimbursement 
the Secretary received from eligible entities 
as required under paragraph (7)(C); 
‘‘(v) whether the amounts provided by 
the Secretary under this subsection ade-
quately reflect the amounts actually spent 
by the eligible entities; 
‘‘(vi) whether the Secretary was able 
to provide the financial assistance quickly 
enough to the eligible entities so that the 
assistance effectively supported the pre-
paredness of the eligible entities to respond 
to potential future incidents; and 
‘‘(vii) any other factors the Comp-
troller General of the United States con-
siders to be appropriate to review the effec-
tiveness of this subsection.’’; and 
(3) by adding at the end the following: 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) EMERGENCY
RESPONSE
PERSONNEL.— 
The term ‘emergency response personnel’ means— 
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104 
‘‘(A) an employee of a State, territory, 
Tribe, or political subdivision of a State; and 
‘‘(B) a person belonging to a public emer-
gency response organization. 
‘‘(2) PUBLIC EMERGENCY RESPONSE ORGANIZA-
TION.— 
‘‘(A) IN
GENERAL.—The term ‘public 
emergency response organization’ means— 
‘‘(i) a fire department that has an all- 
paid force of firefighting personnel other 
than paid-on-call firefighters; 
‘‘(ii) a fire department that has— 
‘‘(I) paid firefighting personnel; 
and 
‘‘(II) volunteer firefighting per-
sonnel; 
‘‘(iii) a nonaffiliated EMS organiza-
tion; and 
‘‘(iv) a fire department that has an 
all-volunteer force of firefighting personnel. 
‘‘(B) ASSOCIATED DEFINITION.—For pur-
poses of subparagraph (A)(iii), the term ‘non-
affiliated EMS organization’ means a public or 
private nonprofit emergency medical services or-
ganization that— 
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105 
‘‘(i) is not affiliated with a hospital; 
and 
‘‘(ii) does not serve a geographic area 
for which the Secretary or a State finds 
that emergency medical services are ade-
quately provided by a fire department.’’. 
Æ 
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