I

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-ofway, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Rail-Highway Grade

5 Crossing Safety Act of 1994’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) there are approximately 170,000 public and

9 110,000 private at-grade rail-highway crossings in

10 the United States;
2

•HR 4630 IH

1 (2) during 1993, there were nearly 4,900 acci2 dents at these crossings;

3 (3) it is necessary to improve safety at our Na4 tion’s rail-highway crossings and along rail rights-of5 way;

6 (4) there are insufficient public funds to pro7 vide for the installation of warning systems that are

8 automatically activated by approaching trains at all

9 public crossings;

10 (5) many of the Nation’s public rail-highway

11 crossings are unnecessary and should be closed;

12 (6) rail-highway crossing consolidation will re13 duce the potential for rail-highway crossing collisions

14 and will allow States to concentrate on improving

15 safety at the remaining crossings;

16 (7) incentives are needed to encourage State

17 and local governments to increase the consolidation

18 of rail-highway crossings; and

19 (8) increased funding must be provided to edu20 cate motorists in their responsibilities at crossings in

21 order to realize the full benefits from the public in22 vestment in rail-highway crossing warning systems.
3

•HR 4630 IH

1 SEC. 3. RAIL-HIGHWAY GRADE CROSSING CLOSING PRO2 GRAM.

3 (a) INCREASED FEDERAL SHARE.—Section 120(c) of

4 title 23, United States Code, is amended by inserting

5 ‘‘rail-highway crossing closures,’’ after ‘‘vanpooling,’’.

6 (b) INCENTIVE FUNDS; BENEFITS AND COSTS ANAL7 YSES.—Section 130 of title 23, United States Code, is

8 amended by redesignating subsection (h) as subsection (j)

9 and inserting after subsection (g) the following:

10 ‘‘(h) INCENTIVE FUNDS FOR CLOSING CROSSINGS.—

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

12 any State, after adopting a policy requiring the re13 view of the need for all new public at-grade rail14 highway crossings, may, in its discretion, use the

15 funds authorized under this section to provide an in16 centive payment to a local jurisdiction upon the per17 manent closing by the jurisdiction of a public at18 grade crossing.

19 ‘‘(2) CONDITIONS.—The incentive payments au20 thorized by paragraph (1) of this subsection may be

21 in amounts of not to exceed $7,500: Provided, That

22 the funds are matched by an equal payment from

23 the railroad owning the tracks on which the crossing

24 is located.

25 ‘‘(3) USE OF FUNDS.—The local jurisdiction re26 ceiving funds under this subsection shall use the
4

•HR 4630 IH

1 Federal funds portion of the incentive payment for

2 transportation safety improvements only.

3 ‘‘(i) PUBLIC BENEFITS AND COSTS ANALYSES.—Not

4 later than 18 months after the date of the enactment of

5 this subsection, the Secretary shall establish guidelines to

6 enable States to determine the public benefits and costs

7 resulting from any new rail-highway grade crossings.’’.

8 SEC. 4. OPERATION LIFESAVER.

9 Section 104(d)(1) of title 23, United States Code, is

10 amended to read as follows:

11 ‘‘(1) OPERATION LIFESAVER.—Before making

12 an apportionment of funds under subsection (b)(3)

13 for a fiscal year, the Secretary shall set aside

14 $500,000 of the funds authorized to be appropriated

15 for the surface transportation program for such fis16 cal year for carrying out a public information and

17 education program to help prevent and reduce motor

18 vehicle accidents, injuries, and fatalities, to improve

19 driver performance at railway-highway crossings,

20 and to help prevent trespassing on rail rights-of-way

21 and the resulting injuries and fatalities. Expenditure

22 of any funds in excess of $300,000 shall be contin23 gent upon receipt of matching funds from nonpublic

24 sources.’’.
5

•HR 4630 IH

1 SEC. 5. GRADE CROSSING CORRIDOR SAFETY INCENTIVE

2 PROGRAM.

3 (a) FUNDING OF PROGRAM.—Section 104(d) of title

4 23, United States Code, is amended by adding at the end

5 the following:

6 ‘‘(4) GRADE CROSSING CORRIDOR SAFETY IN7 CENTIVE PROGRAM.—Before making an apportion8 ment of funds under subsection (b)(3) for a fiscal

9 year, the Secretary shall set aside $15,000,000 of

10 the funds authorized to be appropriated for the sur11 face transportation program for such fiscal year to

12 carry out a program to provide a financial incentive

13 to States that review and implement grade crossing

14 safety improvements on a corridor basis in accord15 ance with section 130(k).’’.

16 (b) ESTABLISHMENT OF PROGRAM.—Section 130 of

17 title 23, United States Code, is amended by adding at the

18 end the following:

19 ‘‘(k) GRADE CROSSING CORRIDOR SAFETY INCEN20 TIVE PROGRAM.—

21 ‘‘(1) IN GENERAL.—The Secretary shall carry

22 out a program to provide an additional financial in23 centive to States that review and implement grade

24 crossing safety improvements on a corridor basis.

25 Such financial incentive would be in addition to
6

•HR 4630 IH

1 those funds available in accordance with the preced2 ing subsections.

3 ‘‘(2) PROJECT APPROVAL.—Funds authorized

4 to be appropriated to carry out this subsection shall

5 be available for obligation at the discretion of the

6 Secretary. The Secretary shall issue investment cri7 teria for approving projects under this section.

8 ‘‘(3) APPLICABILITY OF OTHER PROVISIONS.—

9 All provisions of this chapter, other than provisions

10 relating to apportionment formulas and Federal

11 share, shall apply to funds made available to carry

12 out this subsection, except as determined by the Sec13 retary to be inconsistent with this subsection. Funds

14 authorized to be appropriated to carry out this sec15 tion shall remain available until expended.’’.

Æ