[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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