Don't BLock Our Communities Act or the D-BLOC Act
This bill addresses concerns related to blocked crossings. (A blocked crossing is a circumstance in which a train, railroad car, or locomotive engine is stopped or is standing in a manner that obstructs public travel at a crossing).
Specifically, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6223 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6223
To amend title 49, United States Code, to address blocked crossings,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2020
Mr. Lipinski (for himself, Mr. Cooper, and Mr. Carson of Indiana)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to address blocked crossings,
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 ``Don't BLock Our Communities Act'' or
the ``D-BLOC Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Crossing.--The term ``crossing'' has the meaning given
the term under section 20160 of title 49, United States Code.
(3) Blocked crossing.--The term ``blocked crossing'' means
a circumstance in which a train, railroad car, or locomotive
engine is stopped or is standing in a manner that obstructs
public travel at a crossing.
(4) Commuter authorities.--The term ``commuter
authorities'' has the meaning given the term in section 24102
of title 49, United States Code.
SEC. 3. COLLECTION OF DATA ON BLOCKED CROSSINGS AND INCORPORATION INTO
THE NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.
(a) In General.--Section 20160 of title 49, United States Code, is
amended to read as follows:
``Sec. 20160. National crossing inventory and blocked crossings
``(a) Initial Reporting of Information About Previously Unreported
Crossings.--Not later than 1 year after the date of enactment of the
Rail Safety Improvement Act of 2008 or 6 months after a new crossing
becomes operational, whichever occurs later, each railroad carrier
shall--
``(1) report to the Secretary of Transportation current
information, including information about warning devices and
signage, as specified by the Secretary, concerning each
previously unreported crossing through which it operates with
respect to the trackage over which it operates; or
``(2) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through the
crossing.
``(b) Updating of Crossing Information.--
``(1) Monthly basis.--On a monthly period beginning not
later than 1 year after the date of enactment of the Don't
BLock Our Communities Act, each railroad carrier shall report
to the Secretary information concerning each crossing through
which it operates with respect to the trackage over which it
operates, including--
``(A) with respect to warning devices--
``(i) the type of crossing warning device;
``(ii) the total number of crossing
activations;
``(iii) whether any active warning devices,
including gates or flashing light signals, are
functioning properly;
``(iv) the timing of any repairs if such
active warning devices are not functioning
properly; and
``(v) if a repair has been made, the timing
of when the active warning device was
discovered to not function properly and when
the repair was made;
``(B) with respect to any crossing blocked for more
than 10 minutes--
``(i) the location of the blocked crossing,
including the Department of Transportation
crossing identification and inventory numbers;
``(ii) the date of the blocked crossing;
``(iii) the time when the crossing was
blocked;
``(iv) the duration of the blockage (in
minutes);
``(v) the cause for the blockage;
``(vi) the direction of the train;
``(vii) the length of the train, amount of
cars in the train consist, and makeup of
consist;
``(viii) whether a train was cut for each
blockage and if not, the reason it was not cut;
and
``(ix) train number, symbol, or other
information as needed to identify the train;
and
``(C) the status of operating protocols with any
other railroad carrier whose operation could cause
interference with that railroad carrier's operation.
``(2) Meeting the requirements.--A railroad carrier may
meet the requirements of paragraph (1) by ensuring that the
information has been reported to the Secretary by another
railroad carrier that operates through the crossing.
``(3) Blocked crossing data form.--The Secretary shall
develop and require railroad carriers to use a separate blocked
crossing data form when reporting the data required under
subparagraph (B) of paragraph (1).
``(4) Worker participation.--Each railroad carrier shall
check with the relevant railroad workers, including signalmen,
conductors, and engineers to ensure the information reported
under paragraph (1) is accurate.
``(5) Auditing.--The Secretary may periodically audit the
reports each railroad carrier submits under paragraph (1) to
ensure their accuracy. The Secretary shall have the authority
to require any corrective action with respect to the
information submitted if it finds the information submitted is
inaccurate or false.
``(6) Selling a crossing.--A railroad carrier that sells a
crossing or any part of a crossing on or after the date of
enactment of the Rail Safety Improvement Act of 2008 shall, not
later than the date that is 18 months after the date of
enactment of such Act or 3 months after the sale, whichever
occurs later, or as otherwise specified by the Secretary,
report to the Secretary current information, as specified by
the Secretary, concerning the change in ownership of the
crossing or part of the crossing.
``(c) Incorporation of Data Into National Highway-Rail Crossing
Inventory.--
``(1) Incorporation.--The Secretary shall on a quarterly
basis incorporate the data collected on the blocked crossing
data form developed under subsection (b)(3) into the national
highway-rail crossing inventory.
``(2) Data file.--In carrying out paragraph (1), the
Secretary shall ensure that the blocked crossing data form
remains its own data file.
``(3) Searchable.--In carrying out paragraph (1), the
Secretary shall ensure that the data is searchable by--
``(A) State;
``(B) county;
``(C) city;
``(D) street;
``(E) railroad;
``(F) Department of Transportation grade crossing
identification and inventory numbers;
``(G) type of crossing;
``(H) level of crossing protections;
``(I) whether crossing protections were functioning
properly;
``(J) date of blocked crossing;
``(K) cause of blocked crossing;
``(L) duration crossing was blocked for (in
minutes); and
``(M) train number or symbol.
``(4) Existing data.--The Secretary may draw on existing
national highway-rail crossing inventory data to carry out
paragraph (1) and add any relevant data from such inventory to
the new blocked crossing data file to effectively carry out
this section.
``(d) Rulemaking Authority.--The Secretary shall prescribe the
regulations necessary to implement this section. The Secretary may
enforce each provision of the Department of Transportation's statement
of the national highway-rail crossing inventory policy, procedures, and
instruction for States and railroads that was in effect on the date of
enactment of the Rail Safety Improvement Act of 2008 and not superseded
by the Don't BLock Our Communities Act or a regulation issued under
this section.
``(e) Definitions.--In this section and in sections 20169 and
20170:
``(1) Crossing.--The term `crossing' means a location
within a State, other than a location where one or more
railroad tracks cross one or more railroad tracks either at
grade or grade-separated, where--
``(A) a public highway, road, or street, or a
private roadway, including associated sidewalks and
pathways, crosses one or more railroad tracks either at
grade or grade-separated; or
``(B) a pathway explicitly authorized by a public
authority or a railroad carrier that is dedicated for
the use of nonvehicular traffic, including pedestrians,
bicyclists, and others, that is not associated with a
public highway, road, or street, or a private roadway,
crosses one or more railroad tracks either at grade or
grade-separated.
``(2) Blocked crossing.--The term `blocked crossing' means
a circumstance in which a train, railroad car, or engine is
stopped or is standing in a manner that obstructs public travel
at a crossing.
``(3) State.--The term `State' means a State of the United
States, the District of Columbia, or the Commonwealth of Puerto
Rico.''.
(b) Conforming Amendment.--The table of contents for chapter 201 of
title 49, United States Code, is amended by striking the item relating
to section 20160 and inserting the following:
``20160. National crossing inventory and blocked crossings.''.
SEC. 4. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC GRADE
CROSSINGS.
(a) In General.--Chapter 201 of title 49, United States Code, is
further amended by adding at the end of subchapter II the following:
``Sec. 20169. Time limit for blocking a rail crossing
``(a) Time Limit.--A train, locomotive, railroad car, or other rail
equipment is prohibited from blocking a crossing in excess of 10
minutes, unless the train, locomotive, or other equipment is directly
delayed by--
``(1) a casualty or serious injury;
``(2) an accident;
``(3) a track obstruction;
``(4) an act of God; or
``(5) a derailment or a major equipment failure that
prevents the train from advancing.
``(b) Civil Penalty Authority for the Secretary.--The Secretary may
issue civil penalties for violations of subsection (a) for each
incident where a crossing is blocked by a standing train, locomotive,
or rail equipment in accordance with the following:
``(1) The minimum civil penalty for blocking a crossing for
over 10 minutes shall be $1,000.
``(2) The Secretary shall establish additional, escalating
time intervals and escalating minimum civil penalties for
blocked crossing violations in excess of 10 minutes.
``(3) The maximum civil penalty for a single violation
under paragraph (1) or (2) shall be $10,000.
``(4) The Secretary shall have the discretion, pursuant to
section 5 of this Act, to levy additional civil penalties or
countermeasures for persistent or egregious instances of
blocked crossings.
``(c) Delegation.--The Secretary may delegate enforcement actions
under subsection (b) to States either through a State inspector
certified State by the Federal Railroad Administration, or other law
enforcement officials as designated by the States and approved by the
Administration. The Secretary shall issue guidance or regulations not
later than 1 year after the date of enactment of the D-BLOC Act on the
criteria and process for law enforcement officials to gain approval
under this section.
``(d) Annual Report.--The Secretary shall report annually to
Congress on civil penalties issued pursuant to this section. The
Secretary may collect such information as needed from the States to
issue the report under this section. The report shall include--
``(1) the rail operator in violation;
``(2) the reason a fine was issued;
``(3) the amount fined; and
``(4) the location and Department of Transportation grade
crossing number where the violation occurred.
``(e) Application to Amtrak and Commuter Railroads.--This section
shall not apply to Amtrak or commuter authorities, including Amtrak and
commuter authorities' operations run or dispatched by a Class I
railroad.''.
(b) Clerical Amendment.--The table of contents for chapter 201 of
title 49, United States Code, is further amended by adding at the end
the following new item:
``20169. Time limit for blocking a rail crossing.''.
SEC. 5. ESTABLISHMENT OF A PROCESS FOR OVERSEEING RAILROADS THAT
EGREGIOUSLY OR PERSISTENTLY BLOCK CROSSINGS.
(a) In General.--Chapter 201 of title 49, United States Code, is
further amended by adding at the end of subchapter II the following:
``Sec. 20170. Process to address egregiously or persistently blocked
crossings
``(a) In General.--Not less than 1 year after the enactment of this
section, the Secretary shall issue regulations defining what is
considered--
``(1) persistently blocking a crossing; and
``(2) egregiously blocking a crossing.
``(b) Considerations.--In issuing the regulations under subsection
(a), the Secretary shall take into consideration--
``(1) the length of time a crossing is blocked for;
``(2) the amount of times the carrier has blocked other
crossings;
``(3) the cause of such blocked crossings;
``(4) the length of the train, amount of cars in the train
consist, and makeup of consist;
``(5) the extent to which the blocked crossing poses a
public safety hazard;
``(6) the extent to which the blocked crossing degrades the
quality of life for the surrounding community;
``(7) the level of cooperation and measures the carrier has
taken to reduce the instances and impact of blocked crossings;
and
``(8) any other factor the Secretary considers necessary.
``(c) Secretary Authority.--The Secretary may--
``(1) assess additional fines and requirements based upon
part 209 of title 49, Code of Federal Regulations, to
effectively address and deter instances of persistently and/or
egregiously blocked crossings;
``(2) require changes to operating practices, including
train length, or procedures of a railroad, including a
systematic audit, to reduce the instances of persistently and/
or egregiously blocked crossings by said railroad;
``(3) require additional data reporting;
``(4) assess additional monetary penalties or compensation;
and
``(5) additional measures needed to reduce or eliminate
instances of persistently and/or egregiously blocked rail
crossings.
``(d) Regulatory Authority.--The Secretary may revise regulations
as needed to enforce the provisions of this section.
``(e) Limit on Secretary Authority.--Nothing in this section shall
be interpreted as allowing the Secretary or a railroad to not comply
with--
``(1) section 21103 or a regulation issued pursuant to such
section; and
``(2) the Railway Labor Act of 1926 (45 U.S.C. 151 et
seq.), as amended.
``(f) Application to Amtrak and Commuter Railroads.--This section
shall not apply to Amtrak or commuter authorities, including Amtrak and
commuter authorities' operations run or dispatched by a Class I
railroad.''.
(b) Clerical Amendment.--The table of contents for chapter 201 of
title 49, United States Code, is further amended by adding at the end
the following new item:
``20170. Process to address egregiously or persistently blocked
crossings.''.
SEC. 6. NATIONAL STRATEGY TO ADDRESS BLOCKED CROSSINGS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue a national strategy on how the
Secretary plans to address blocked crossings. The Secretary shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives such strategy and publish such strategy
publicly on the Department of Transportation's website.
(b) Public Law 116-94.--The strategy required under subsection (a)
shall incorporate the recommendations and briefing carried out pursuant
to the provisions under the heading ``Federal Railroad Administration--
Safety and Operations'' in the Department of Transportation
Appropriations Act, 2020 (Public Law 116-94).
(c) Report Contents.--The strategy required under subsection (a)
shall include an analysis of the following topics, including whether
there are specific legislative or regulatory recommendations for each
of the following:
(1) How best to engage the public, representatives of labor
organizations representing railroad employees, law enforcement
officers, highway traffic officials, or other employees of a
public agency acting in an official capacity to identify and
address blocked crossings.
(2) How current and future technology could be used to
identify and address instances of blocked crossings, including
the data collected by each rail carrier's positive train
control (PTC) system.
(3) How to identify and address instances of blocked
crossings at crossings with only passive or no warning devices.
(4) Whether rail carriers should be required to address
credible reports, as defined in section 234.5 of title 49, Code
of Federal Regulations, of blocked crossings.
(5) How best to use the data collected under the web page
established by the Secretary for the public and law enforcement
to report instances of blocked crossings, including whether
such data should be verified by each rail carrier or
incorporated into the National Crossing Inventory.
(d) Authority To Implement Regulations.--If the Secretary finds in
the report required under subsection (a) additional regulatory changes
that are warranted to alleviate or reduce the instances or impacts of
blocked crossings, the Secretary may promulgate rulemakings to
implement such changes.
(e) Limit on Secretary Authority.--Nothing in this section shall be
interpreted as allowing the Secretary or a railroad to not comply
with--
(1) section 21103 or a regulation issued pursuant to such
section; or
(2) the Railway Labor Act of 1926 (45 U.S.C. 151 et seq.).
(f) Updating Strategy.--The Secretary shall update the strategy
required by subsection (a) not less than every 4 years.
SEC. 7. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS.
Section 20152 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C) by striking ``or''
at the end;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting the following after
subparagraph (C)--
``(D) blocked crossings; or'';
(B) in paragraph (4) by striking ``and'' at the
end;
(C) in paragraph (5) by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) to promptly inform the Secretary if the number
required to be established under subsection (a) has changed and
report the new number to the Secretary.''; and
(2) by adding at the end the following:
``(c) Publication of Telephone Numbers.--The Secretary shall make
any telephone number established under subsection (a) publicly
available on the website of the Department of Transportation in an easy
to find location.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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