[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 844 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 844

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2023

 Mr. Casey (for himself, Mr. Fetterman, and Mr. Brown) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 an 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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