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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2334 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2334

 To improve safety at rail-highway grade crossings and railroad rights-
                    of-way, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 28 (legislative day, July 20), 1994

 Mr. Baucus (by request) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 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.

    The 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) Section 120(c) of title 23, United States Code, is amended by 
inserting ``rail-highway crossing closures,'' after ``vanpooling,''.
    (b) Section 130 of title 23, United States Code, is amended by 
relettering subsection (h) as (j) and adding new subsections (h) and 
(i) to read as follows:
    ``(h) Incentive Funds for Closing Crossings.--
            ``(1) Subject to paragraph (2) of this subsection, 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 of a 
        public at-grade crossing.
            ``(2) The incentive payments authorized by paragraph (1) of 
        this subsection may not 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) 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.--Within 18 months after 
the date of this Act, the Secretary shall establish guidelines to 
enable States to determine the public benefits and costs resulting from 
any new rail-highway grade crossing.''.

SEC. 4. OPERATION LIFESAVER.

    Section 104(d)(1) of title 23, United States Code, is amended by 
striking everything after ``Operation lifesaver.--'' and inserting in 
lieu thereof the following: ``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 and to improve driver 
performance at railway-highway crossings, and to help prevent 
trespassing on rail rights-of-way and the resulting injuries and 
fatalities, provided however, expenditure of any funds in excess of 
$300,000 shall be contingent upon receipt of matching funds from non-
public sources.''.

SEC. 5. GRADE CROSSING CORRIDOR SAFETY INCENTIVE PROGRAM.

    (a) Section 104 of title 23, United States Code, is amended by 
adding a new paragraph (4) to subsection (d) to read as follows:
            ``(4) Grade crossing corridor safety inventive 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 would 
        review and implement grade crossing safety improvements on a 
        corridor basis in accordance with section 130(k) of title 23, 
        United States Code.''.
    (b) Section 130 of title 23, United States Code, is amended by 
adding subsection (k) to read as follows:
    ``(k) Grade Crossing Corridor Safety Incentive Program.--
            ``(1) The Secretary shall carry out a program to provide an 
        additional financial incentive to States that would review and 
        implement grade crossing safety improvements in a corridor 
        basis. The financial incentive would be in addition to those 
        funds available in accordance with the preceding subsections.
            ``(2) Funds authorized to be appropriated to carry out his 
        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) All provisions of chapter 1 of title 23, United 
        States Code, other than provisions relating to apportionment 
        formula and Federal share, shall apply to funds made available 
        to carry out this subsection. Funds authorized to be 
        appropriated to carry out this section shall remain available 
        until expended.''.
                                 <all>
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