‘‘§ 20904. Hazardous train events 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Federal Rail-
road Administration. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a State or local emergency response 
group, including a law enforcement agency, a fire 
department, and an emergency response agency, lo-
cated in an area affected by a hazardous train event. 
‘‘(3) FUND.—The term ‘Fund’ means the Haz-
ardous 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 con-
sultation with the Administrator of the Federal 
Emergency Management Agency and the Adminis-
trator 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, 
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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 dec-
laration pursuant to subsection (a), the Adminis-
trator shall immediately award at least $250,000 
from the Fund to 1 or more eligible entities pursu-
ant to subsection (d). 
‘‘(3) ADDITIONAL FUNDING AWARD.—Not later 
than 5 days after a declaration pursuant to sub-
section (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 deter-
mined by the Administrator. 
‘‘(c) HAZARDOUS TRAIN EVENT EMERGENCY REIM-
BURSEMENT 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 Adminis-
trator. 
‘‘(d) ASSISTANCE FOR ELIGIBLE ENTITIES.— 
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‘‘(1) IN GENERAL.—The Administrator may use 
amounts from the Fund to reimburse eligible enti-
ties, 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 re-
sponders 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 
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eligible entity receives assistance under this 
subsection, the eligible entity shall submit docu-
mentation to the Administrator for each item 
for which such assistance is used through pro-
curement or reimbursement. 
‘‘(B) REIMBURSEMENT.—If the Adminis-
trator 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 chap-
ter 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 Admin-
istration, 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, in-
cluding police departments, fire departments, and emer-
gency response agencies, with— 
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(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 ap-
plicable service area. 
SEC. 4. HAZARDOUS MATERIALS EMERGENCY REIMBURSE-
MENT 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 RE-
IMBURSEMENT 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 col-
lected from shippers and carriers pursuant to section 
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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. 
Æ 
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