Assistance for Local Heroes During Train Crises Act

“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 a 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.”

“(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.”