Short title; Findings

(a)

Short title

This Act may be cited as the

Training Responders for Accidents and Improving Notification Act

or the TRAIN Act. (b)

Findings

Congress makes the following findings: (1)Railroads move about 1,700,000 carloads of hazardous materials annually, about 6 percent of total freight rail traffic. (2)While the vast majority of shipments arrive safely at their destination, serious incidents involving these materials have the potential to cause widespread disruption or injury. (3)On January 6, 2005, northbound Norfolk Southern freight train 192, while traveling 47 miles per hour through Graniteville, South Carolina, encountered an improperly lined switch that diverted the train from the main line onto an industry track, where it struck the unoccupied, parked train P22. (4)The collision derailed two locomotives and 16 of the 42 freight cars of train 192, as well as the locomotive and one of the two cars of train P22. (5)Among the derailed cars from train 192 were 3 tank cars containing chlorine, one of which was breached, releasing chlorine gas. (6)The train engineer and 8 other people died as a result of chlorine gas inhalation. More than 500 people who suffered from respiratory difficulties were taken to local hospitals. Of these, 75 were admitted for treatment. Because of the chlorine release, about 5,400 people within a 1-mile radius of the derailment site were evacuated for several days. Total damages exceeded $6,900,000. (7)The National Transportation Safety Board determined that the probable cause of the collision and derailment was the failure of the crew of train 192 to return a main line switch to the normal position after the crew completed work at an industry track. (8)Contributing to the failure was the absence of any feature or mechanism that would have reminded crewmembers of the switch position and thus would have prompted them to complete this final critical task before departing the work site. (9)As a result of the accident investigation, the National Transportation Safety Board made safety recommendations to the Federal Railroad Administration. (10)It is appropriate for the Federal Railroad Administration to implement the National Transportation Safety Board’s recommendations, as improperly lined switches is the leading cause of human factor-caused accidents.

Implementation of NTSB recommendations

Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that implement the following recommendations contained in the National Transportation Safety Board’s railroad accident report entitled Collision of Norfolk Southern Freight Train 192 With Standing Norfolk Southern Local Train P22 With Subsequent Hazardous Materials Release at Graniteville, South Carolina, adopted November 29, 2005: (1)Regulations that require, along mail lines in nonsignaled territory, railroads to install an automatically activated device, independent of the switch banner, that will, visually or electronically, compellingly capture the attention of employees involved with switch operations and clearly convey the status of the switch both in daylight and in darkness. (2)Regulations that require railroads, in nonsignaled territory and in the absence of switch position indicator lights or other automated systems that provide train crews with advance notice of switch positions, to operate those trains at speeds that will allow them to be safely stopped in advance of misaligned switches. (3)Regulations that require railroads to implement operating measures, including positioning tank cars toward the rear of trains and reducing speeds through populated areas, to minimize impact forces from accidents and reduce the vulnerability of tank cars transporting chlorine, anhydrous ammonia, and other liquefied gases designated as poisonous by inhalation. (4)Regulations that require railroads to provide emergency escape breathing apparatus for all crewmembers on freight trains carrying hazardous materials, along with appropriate training for such crewmembers on how to use the apparatus.

Emergency responder grants

(a)

Amendment

Part B of subtitle V of title 49, United States Code, is amended by adding at the end the following new chapter:

225

Emergency responder grants

Sec.

22501. Emergency responder grants.

22501.

Emergency responder grants

(a)

Grants

The Secretary of Transportation shall make grants to fire departments for costs incurred in the conduct of activities to respond to incidents involving the transportation of hazardous materials by rail, including costs of— (1)airborne chemical detection equipment; (2)air hazard detection equipment; (3)chemical identification kits; (4)fire suppression and decontamination equipment; (5)hazardous material response vehicles; (6)patient extraction equipment; (7)personal protective gear; (8)radiological response equipment, such as detectors; and (9)turnout gear and spare turnout gear. (b)

Authorization of appropriations

There are authorized to be appropriated to the Secretary $20,000,000 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.

(b)

Conforming amendment

The table of chapters for subtitle V of title 49, United States Code, is amended by adding after the item relating to chapter 223 the following new item:

225.

EMERGENCY RESPONDER GRANTS

22501

Emergency responder training standards

Section 5116(b)(1) of title 49, United States Code, is amended— (1)by striking States and Indian tribes and inserting States, Indian tribes, and nonprofit public sector employee organizations; and (2)by adding at the end the following: To the extent that such grants are used to train emergency responders, such training shall ensure that emergency responders have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material, in accordance with existing regulations..

Information on hazardous materials shipped

Not later than 3 months after the date of enactment of this Act, the Secretary of Transportation shall issue final rules requiring railroads to inform local communities through which they transport hazardous materials of the types of hazardous materials most frequently shipped through those communities on an annual basis to help assist those communities in their emergency management planning.

Reports

(a)

Reports by the Inspector General

Not later than 30 days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall submit to the Secretary of Transportation and the Administrator of the Federal Railroad Administration a report containing the following: (1)A list of each statutory mandate regarding railroad safety that has not been implemented. (2)A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding railroad safety. (b)

Reports by the Secretary

(1)

Statutory mandates

Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter until each of the mandates referred to in subsection (a)(1) has been implemented, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the specific actions taken to implement such mandates. (2)

NTSB and Inspector General recommendations

Not later than January 1 of each year, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the recommendations referred to in section 2 of this Act and subsection (a)(2) of this section and a copy of the Department of Transportation response to each such recommendation.