```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3698 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 3698

To amend title 49, United States Code, to limit railroad carriers from 
      blocking railway-highway crossings, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2021

 Mr. Cooper (for himself and Mrs. Napolitano) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
To amend title 49, United States Code, to limit railroad carriers from 
      blocking railway-highway 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. 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, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20169. 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 no alternate route 
        created by a public highway-rail grade separation exists within 
        a half mile by road 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 rail 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 20170.
            ``(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:

``20169. Time limit for blocking public highway-rail grade crossing.''.

SEC. 3. NATIONAL BLOCKED CROSSING DATABASE.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, is further amended by adding at the end the following:
``Sec. 20170. National blocked crossing database
    ``(a) Database.--Not later than 45 days after the date of enactment 
of the D-BLOC Act, 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 the D-BLOC Act, 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 20169.''.
    (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:

``20170. National blocked crossing database.''.

SEC. 4. 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 20169; 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 20174, 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.''.
                                 <all>
```