Blocked Rail Crossings Safety Improvement Act of 2021
This bill addresses safety and congestion along railroad right-of-way and highway-rail grade crossings.
For example, the bill directs the Department of Transportation (DOT) to provide grants to (1) assist state, local, and tribal governments in funding the cost of highway-rail grade crossing separation projects; and (2) help nonprofit organizations carry out public information and education programs to help prevent and reduce rail-related pedestrian, motor vehicle, and other incidents, injuries, and fatalities, and to improve awareness along railroad right-of-way and at highway-rail grade crossings.
Additionally, the bill prohibits railroad carriers from obstructing travel at public highway-rail crossings for more than 10 minutes, except under limited circumstances (e.g., safety issues).
Further, DOT must (1) establish a national blocked crossings database for the public to report blocked crossing incidents; (2) conduct a comprehensive review of the national highway-rail crossing inventory; and (3) revise its regulations, guidance, or other relevant agency documents to include the number of suicides on a railroad crossing or railroad right-of-way in the total number of rail fatalities it reports each year.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9690 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9690
To amend title 49, United States Code, to provide for highway-rail
grade crossing separation grants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 23, 2022
Mr. Carson introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to provide for highway-rail
grade crossing separation grants, 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 ``Blocked Rail Crossings Safety
Improvement Act of 2021''.
SEC. 2. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22911. Highway-rail grade crossing separation grants
``(a) General Authority.--The Secretary of Transportation shall
make grants under this section to eligible entities to assist in
funding the cost of highway-rail grade crossing separation projects.
``(b) Application Requirements.--To be eligible for a grant under
this section, an eligible entity shall submit to the Secretary an
application in such form, in such manner, and containing such
information as the Secretary may require, including--
``(1) an agreement between the entity that owns or controls
the railroad right-of-way and the applicant addressing access
to the railroad right-of-way throughout the project; and
``(2) a cost-sharing agreement with the funding amounts
that the entity that owns or controls the railroad right-of-way
shall contribute to the project, which shall be not less than
10 percent of the total project cost.
``(c) Eligible Projects.--The following projects are eligible to
receive a grant under this section:
``(1) Installation, repair, or improvement, including
necessary acquisition of real property interests, of highway-
rail grade crossing separations.
``(2) Highway-rail grade crossing elimination incidental to
eligible grade crossing separation projects.
``(3) Project planning, development, and environmental work
related to a project described in paragraph (1) or (2).
``(d) Project Selection Criteria.--In awarding grants under this
section, the Secretary--
``(1) shall give priority to projects that maximize the
safety benefits of Federal funding; and
``(2) may evaluate applications on the safety profile of
the existing crossing, 10-year history of accidents at such
crossing, inclusion of the proposed project on a State highway-
rail grade crossing action plan, average daily vehicle traffic,
total number of trains per day, average daily number of
crossing closures, the challenges of grade crossings located
near international borders, proximity to established emergency
evacuation routes, and proximity of community resources,
including schools, hospitals, fire stations, police stations,
and emergency medical service facilities.
``(e) Federal Share of Total Project Costs.--
``(1) Total project costs.--The Secretary shall estimate
the total costs of a project under this section based on the
best available information, including any available engineering
studies, studies of economic feasibility, environmental
analysis, and information on the expected use of equipment or
facilities.
``(2) Federal share.--The Federal share for a project
carried out under this section shall not exceed 85 percent.
``(f) Grant Conditions.--An eligible entity may not receive a grant
for a project under this section unless such project complies with
section 22905.
``(g) Letters of Intent.--
``(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a recipient of
a grant under this section that--
``(A) announces an intention to obligate for a
project an amount that is not more than the amount
stipulated as the financial participation of the
Secretary for the project; and
``(B) states that the contingent commitment--
``(i) is not an obligation of the Federal
Government; and
``(ii) is subject to the availability of
appropriations for grants under this section
and subject to Federal laws in force or enacted
after the date of the contingent commitment.
``(2) Congressional notification.--
``(A) In general.--Not later than 3 days before
issuing a letter of intent under paragraph (1), the
Secretary shall submit written notification to--
``(i) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(ii) the Committee on Appropriations of
the House of Representatives;
``(iii) the Committee on Appropriations of
the Senate; and
``(iv) the Committee on Commerce, Science,
and Transportation of the Senate.
``(B) Contents.--The notification submitted under
subparagraph (A) shall include--
``(i) a copy of the letter of intent;
``(ii) the criteria used under subsection
(d) for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(h) Appropriations Required.--An obligation or contingent
commitment may be made under subsection (g) only after amounts are
appropriated for such purpose.
``(i) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a public agency or publicly chartered
authority;
``(C) a metropolitan planning organization;
``(D) a political subdivision of a State; and
``(E) a Tribal government.
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' has the meaning given such
term in section 134(b) of title 23.
``(3) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by adding at the end the following:
``22911. Highway-rail grade crossing separation grants.''.
SEC. 3. RAIL SAFETY PUBLIC AWARENESS GRANT.
Section 22907 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(m) Rail Safety Public Awareness Grants.--
``(1) Grant.--Of the amounts made available to carry out
this section, the Secretary shall make grants to nonprofit
organizations to carry out public information and education
programs to help prevent and reduce rail-related pedestrian,
motor vehicle, and other incidents, injuries, and fatalities,
and to improve awareness along railroad right-of-way and at
highway-rail grade crossings.
``(2) Selection.--Programs eligible for a grant under this
subsection--
``(A) shall include, as appropriate--
``(i) development, placement, and
dissemination of public service announcements
in appropriate media;
``(ii) school presentations, driver and
pedestrian safety education, materials, and
public awareness campaigns; and
``(iii) disseminating information to the
public on how to identify and report to the
appropriate authorities--
``(I) unsafe or malfunctioning
highway-rail grade crossings and
equipment; and
``(II) high-risk and unsafe
behavior and trespassing around
railroad right-of-way; and
``(B) may include targeted and sustained outreach
in communities at greatest risk to develop measures to
reduce such risk.
``(3) Coordination.--Eligible entities shall coordinate
program activities with local communities, law enforcement and
emergency responders, and railroad carriers, as appropriate,
and ensure consistency with State highway-rail grade crossing
action plans required under section 11401(b) of the FAST Act
(49 U.S.C. 22501 note) and the report titled `National Strategy
to Prevent Trespassing on Railroad Property' issued by the
Federal Railroad Administration in October 2018.
``(4) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications for programs that--
``(A) are nationally recognized;
``(B) are targeted at schools in close proximity to
railroad right-of-way;
``(C) partner with nearby railroad carriers; or
``(D) focus on communities with a recorded history
of repeated pedestrian and motor vehicle accidents,
incidents, injuries, and fatalities at highway-rail
grade crossings and along railroad right-of-way.
``(5) Applicability.--Section 22905 shall not apply to
contracts and agreements made under this subsection.''.
SEC. 4. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC
HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 20172. Time limit for blocking public highway-rail grade
crossing
``(a) Time Limit.--A railroad carrier may not cause a blocked
crossing incident that is longer than 10 minutes in duration, unless
the blocked crossing incident is caused by--
``(1) a casualty or serious injury;
``(2) an accident;
``(3) a track obstruction;
``(4) actions necessary to comply with Federal rail safety
laws, regulations, or orders issued thereunder unless the
action to comply could reasonably occur at a different time or
location;
``(5) actions necessary to adhere to section 24308;
``(6) a train fully contained within rail yard limits or
fully contained in a rail siding;
``(7) an act of God; or
``(8) a derailment or a safety appliance equipment failure
that prevents the train from advancing.
``(b) Investigation of Frequently Blocked Crossings.--For any
public highway-rail grade crossing that has had 3 or more blocked
crossing incidents that exceed the time limit set forth in subsection
(a) and are reported to the blocked crossing database, and such
incidents have occurred on at least 3 calendar days within a 30-day
period, the Secretary shall--
``(1) provide an electronic notice of the number of
reported blocked crossing incidents to the railroad carrier
that owns the public highway-rail grade crossing;
``(2) investigate the causes of the blocked crossing
incidents; and
``(3) investigate possible measures to reduce the frequency
and duration of blocked crossing incidents at such grade
crossing.
``(c) Recordkeeping.--
``(1) In general.--A railroad carrier shall, upon receiving
a notice under subsection (b), maintain train location data
records for the public highway-rail grade crossing that was the
subject of the notice.
``(2) Contents of records.--The train location data records
required under paragraph (1) shall include--
``(A) a list of all blocked crossing incidents at
the public highway-rail grade crossing that is the
subject of the report exceeding 10 minutes;
``(B) the cause of the blocked crossing incident
(to the extent available);
``(C) train length; and
``(D) the estimated duration of each blocked
crossing incident.
``(3) Consultation.--Beginning on the date on which a
railroad carrier receives a notice under subsection (b), the
Secretary may consult with the carrier for a period of 60 days
to address concerns with blocked crossing incidents at the
public highway-rail grade crossing that is the subject of the
notice.
``(4) Expiration of data collection.--The requirement to
maintain records under paragraph (1) shall cease with respect
to a public highway-rail grade crossing noticed under
subsection (b)(2) if there are no reports submitted to the
blocked crossing database for blocked crossing incidents
reported to occur at such grade crossing during the previous
365 consecutive calendar days.
``(d) Civil Penalties.--
``(1) In general.--The Secretary may issue civil penalties
in accordance with section 21301 to railroad carriers for
violations of subsection (a) occurring 60 days after the date
of submission of a notice under subsection (b).
``(2) Release of records.--Upon the request of, and under
requirements set by, the Secretary, railroad carriers shall
provide the records maintained pursuant to subsection (c)(1) to
the Administrator of the Federal Railroad Administration.
``(3) Alternate route exemption.--Civil penalties may not
be issued for violations of subsection (a) that occur at a
public highway-rail grade crossing if an alternate route
created by a public highway-rail grade separation exists within
a half mile by road mileage of such public highway-rail grade
crossing.
``(4) Grade separation project.--Civil penalties may not be
issued for violations of subsection (a) if the violation occurs
at a public highway-rail grade crossing for which there is a
proposed grade separation project--
``(A) that has received written agreement from the
relevant local authorities; and
``(B) for which railroad carrier and project
funding from all parties has been budgeted.
``(5) Considerations.--In determining civil penalties under
this section, the Secretary shall consider increased penalties
in a case in which a pattern of the blocked crossing incidents
continue to cause delays to State or local emergency services.
``(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.
``(f) Definitions.--In this section:
``(1) Blocked crossing database.--The term `blocked
crossing database' means the national blocked crossing database
established under section 20174.
``(2) Blocked crossing incident.--The term `blocked
crossing incident' means a circumstance in which a train,
locomotive, rail car, or other rail equipment is stopped in a
manner that obstructs travel at a public highway-rail grade
crossing.
``(3) Public highway-rail grade crossing.--The term `public
highway-rail grade crossing' means a location within a State in
which a public highway, road, or street, including associated
sidewalks and pathways, crosses 1 or more railroad tracks at
grade.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is further amended by adding at
the end the following new item:
``20172. Time limit for blocking public highway-rail grade crossing.''.
SEC. 5. NATIONAL BLOCKED CROSSING DATABASE.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 20173. National blocked crossing database
``(a) Database.--Not later than 45 days after the date of enactment
of this section, the Secretary of Transportation shall establish a
national blocked crossings database for the public to report blocked
crossing incidents.
``(b) Public Awareness.--Not later than 60 days after the date of
enactment of this section, the Secretary shall require each railroad
carrier to publish the active link to report blocked crossing incidents
on the website of the national blocked crossings database described in
subsection (a) on the home page of the publicly available website of
the railroad carrier.
``(c) Blocked Crossing Incident; Public Highway-Rail Grade
Crossing.--In this section, the terms `blocked crossing incident' and
`public highway-rail grade crossing' have the meanings given the terms
in section 20173.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is further amended by adding at
the end the following new item:
``20173. National blocked crossing database.''.
SEC. 6. 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 crossing incident, as defined in
section 20173; or'';
(B) in paragraph (4)--
(i) by striking ``paragraph (1)(C) or (D)''
and inserting ``subparagraph (C), (D), or (E)
of paragraph (1)''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5) by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(6) upon receiving a report of a blocked crossing
pursuant to paragraph (1)(D), the railroad carrier shall,
within 14 days of receipt of the report--
``(A) verify that the public highway-rail grade
crossing, as defined in section 20173, was blocked for
a period of at least 10 minutes; and
``(B) upon positive verification of the report,
enter the report into the national blocked crossings
database established in section 20174; and
``(7) promptly inform the Secretary of any update to the
number maintained under paragraph (1).''; 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.''.
SEC. 7. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall expend
such sums as are necessary to conduct a comprehensive review of the
national highway-rail crossing inventory of the Department of
Transportation established under section 20160 of title 49, United
States Code.
(b) Contents.--In conducting the review required under subsection
(a), the Secretary shall--
(1) verify the accuracy of the geographical location data
contained in the inventory described in subsection (a) using
mapping technologies and other methods; and
(2) notify the relevant railroad and State agencies of the
erroneous data in the inventory and require such entities to
correct the erroneous data within 30 days of notification.
(c) State Reports.--The Secretary shall require State agencies to
ensure that any geographic data contained in the inventory described in
subsection (a) remains consistent with any geographic data identified
in biennial State reports required under section 130 of title 23,
United States Code.
(d) Report.--Not later than 120 days after the completion of the
review required under subsection (a), the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the corrections made
to the inventory described in subsection (a) and the Secretary's plans
to ensure continued accuracy of such inventory.
SEC. 8. RAILROAD TRESPASSING ENFORCEMENT GRANTS.
Section 22907 of title 49, United States Code, is further amended
by adding at the end the following:
``(n) Railroad Trespassing Enforcement Grants.--
``(1) In general.--Of the amounts made available under this
section, the Secretary may make grants to public law
enforcement agencies engaged in, or seeking to engage in,
suicide prevention efforts along railroad right-of-way to pay
wages of law enforcement personnel to patrol railroad right-of-
way located in communities at risk for rail trespassing
incidents and fatalities.
``(2) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications from entities that have jurisdiction within the
boundaries of the 10 States with the highest incidence of rail
trespass related casualties as reported in the previous fiscal
year, as reported by the National Rail Accident Incident
Reporting System.
``(3) Limitation.--The Secretary shall not award more than
3 annual grants under this subsection to the same entity.''.
SEC. 9. RAILROAD TRESPASSING SUICIDE PREVENTION GRANTS.
Section 22907 of title 49, United States Code, is further amended
by adding at the end the following:
``(o) Railroad Trespassing Suicide Grants.--
``(1) In general.--Of the amounts made available to carry
out this section, the Secretary may make grants to eligible
entities to implement a public outreach campaign to reduce the
number of railroad suicides.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means a nonprofit mental health organization
engaged in, or seeking to engage in, suicide prevention efforts
along railroad right-of-way in partnership with a railroad
carrier, as defined in section 20102.''.
SEC. 10. INCLUDING RAILROAD SUICIDES.
(a) In General.--Not less than 180 days after the enactment of this
Act, the Secretary of Transportation shall revise any regulations,
guidance, or other relevant agency documents to include the number of
suicides on a railroad crossing or railroad right-of-way in the total
number of rail fatalities the Secretary reports each year.
(b) Authority of the Secretary.--In carrying out subsection (a),
the Secretary may require Federal, State, and local agencies,
railroads, or other entities to submit such data as necessary.
(c) Applicability of Rulemaking Requirements.--The requirements of
section 553 of title 5, United States Code, shall not apply to the
modification required by subsection (a).
SEC. 11. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Federal Railroad Administration shall--
(1) submit to Congress a report on any supplementary safety
measures and alternative safety measures not contained in part
222 of title 49, Code of Federal Regulations, that can be used
to qualify for a Quiet Zone or Partial Quiet Zone; and
(2) include in the report submitted under paragraph (1)--
(A) a summary of the supplementary safety measures
and alternative safety measures for which a public
authority has requested approval from the Administrator
to implement; and
(B) an explanation for why such requests were not
granted.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1356)
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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