```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4630 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4630

   To amend title 23, United States Code, to improve safety at rail-
   highway grade crossings and railroad rights-of-way, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 1994

   Mr. Mineta (by request) introduced the following bill; which was 
      referred to the Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
   To amend title 23, United States Code, to improve safety at rail-
   highway grade crossings and railroad rights-of-way, 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 ``Rail-Highway Grade Crossing Safety 
Act of 1994''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there are approximately 170,000 public and 110,000 
        private at-grade rail-highway crossings in the United States;
            (2) during 1993, there were nearly 4,900 accidents at these 
        crossings;
            (3) it is necessary to improve safety at our Nation's rail-
        highway crossings and along rail rights-of-way;
            (4) there are insufficient public funds to provide for the 
        installation of warning systems that are automatically 
        activated by approaching trains at all public crossings;
            (5) many of the Nation's public rail-highway crossings are 
        unnecessary and should be closed;
            (6) rail-highway crossing consolidation will reduce the 
        potential for rail-highway crossing collisions and will allow 
        States to concentrate on improving safety at the remaining 
        crossings;
            (7) incentives are needed to encourage State and local 
        governments to increase the consolidation of rail-highway 
        crossings; and
            (8) increased funding must be provided to educate motorists 
        in their responsibilities at crossings in order to realize the 
        full benefits from the public investment in rail-highway 
        crossing warning systems.

SEC. 3. RAIL-HIGHWAY GRADE CROSSING CLOSING PROGRAM.

    (a) Increased Federal Share.--Section 120(c) of title 23, United 
States Code, is amended by inserting ``rail-highway crossing 
closures,'' after ``vanpooling,''.
    (b) Incentive Funds; Benefits and Costs Analyses.--Section 130 of 
title 23, United States Code, is amended by redesignating subsection 
(h) as subsection (j) and inserting after subsection (g) the following:
    ``(h) Incentive Funds for Closing Crossings.--
            ``(1) In general.--Subject to paragraph (2), any State, 
        after adopting a policy requiring the review of the need for 
        all new public at-grade rail-highway crossings, may, in its 
        discretion, use the funds authorized under this section to 
        provide an incentive payment to a local jurisdiction upon the 
        permanent closing by the jurisdiction of a public at-grade 
        crossing.
            ``(2) Conditions.--The incentive payments authorized by 
        paragraph (1) of this subsection may be in amounts of not to 
        exceed $7,500: Provided, That the funds are matched by an equal 
        payment from the railroad owning the tracks on which the 
        crossing is located.
            ``(3) Use of funds.--The local jurisdiction receiving funds 
        under this subsection shall use the Federal funds portion of 
        the incentive payment for transportation safety improvements 
        only.
    ``(i) Public Benefits and Costs Analyses.--Not later than 18 months 
after the date of the enactment of this subsection, the Secretary shall 
establish guidelines to enable States to determine the public benefits 
and costs resulting from any new rail-highway grade crossings.''.

SEC. 4. OPERATION LIFESAVER.

    Section 104(d)(1) of title 23, United States Code, is amended to 
read as follows:
            ``(1) Operation lifesaver.--Before making an apportionment 
        of funds under subsection (b)(3) for a fiscal year, the 
        Secretary shall set aside $500,000 of the funds authorized to 
        be appropriated for the surface transportation program for such 
        fiscal year for carrying out a public information and education 
        program to help prevent and reduce motor vehicle accidents, 
        injuries, and fatalities, to improve driver performance at 
        railway-highway crossings, and to help prevent trespassing on 
        rail rights-of-way and the resulting injuries and fatalities. 
        Expenditure of any funds in excess of $300,000 shall be 
        contingent upon receipt of matching funds from nonpublic 
        sources.''.

SEC. 5. GRADE CROSSING CORRIDOR SAFETY INCENTIVE PROGRAM.

    (a) Funding of Program.--Section 104(d) of title 23, United States 
Code, is amended by adding at the end the following:
            ``(4) Grade crossing corridor safety incentive program.--
        Before making an apportionment of funds under subsection (b)(3) 
        for a fiscal year, the Secretary shall set aside $15,000,000 of 
        the funds authorized to be appropriated for the surface 
        transportation program for such fiscal year to carry out a 
        program to provide a financial incentive to States that review 
        and implement grade crossing safety improvements on a corridor 
        basis in accordance with section 130(k).''.
    (b) Establishment of Program.--Section 130 of title 23, United 
States Code, is amended by adding at the end the following:
    ``(k) Grade Crossing Corridor Safety Incentive Program.--
            ``(1) In general.--The Secretary shall carry out a program 
        to provide an additional financial incentive to States that 
        review and implement grade crossing safety improvements on a 
        corridor basis. Such financial incentive would be in addition 
        to those funds available in accordance with the preceding 
        subsections.
            ``(2) Project approval.--Funds authorized to be 
        appropriated to carry out this subsection shall be available 
        for obligation at the discretion of the Secretary. The 
        Secretary shall issue investment criteria for approving 
        projects under this section.
            ``(3) Applicability of other provisions.--All provisions of 
        this chapter, other than provisions relating to apportionment 
        formulas and Federal share, shall apply to funds made available 
        to carry out this subsection, except as determined by the 
        Secretary to be inconsistent with this subsection. Funds 
        authorized to be appropriated to carry out this section shall 
        remain available until expended.''.

                                 <all>
```