‘‘(1) the length of time a crossing is blocked 
for; 
‘‘(2) the amount of times the carrier has 
blocked other crossings; 
‘‘(3) the cause of such blocked crossings; 
‘‘(4) the length of the train, amount of cars in 
the train consist, and makeup of consist; 
‘‘(5) the extent to which the blocked crossing 
poses a public safety hazard; 
‘‘(6) the extent to which the blocked crossing 
degrades the quality of life for the surrounding com-
munity; 
‘‘(7) the level of cooperation and measures the 
carrier has taken to reduce the instances and impact 
of blocked crossings; and 
‘‘(8) any other factor the Secretary considers 
necessary. 
‘‘(c) SECRETARY AUTHORITY.—The Secretary may— 
‘‘(1) assess additional fines and requirements 
based upon part 209 of title 49, Code of Federal 
Regulations, to effectively address and deter in-
stances of persistently and/or egregiously blocked 
crossings; 
‘‘(2) require changes to operating practices, in-
cluding train length, or procedures of a railroad, in-
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cluding a systematic audit, to reduce the instances 
of persistently and/or egregiously blocked crossings 
by said railroad; 
‘‘(3) require additional data reporting; 
‘‘(4) assess additional monetary penalties or 
compensation; and 
‘‘(5) additional measures needed to reduce or 
eliminate instances of persistently and/or egregiously 
blocked rail crossings. 
‘‘(d) REGULATORY AUTHORITY.—The Secretary may 
revise regulations as needed to enforce the provisions of 
this section. 
‘‘(e) LIMIT ON SECRETARY AUTHORITY.—Nothing in 
this section shall be interpreted as allowing the Secretary 
or a railroad to not comply with— 
‘‘(1) section 21103 or a regulation issued pur-
suant to such section; and 
‘‘(2) the Railway Labor Act of 1926 (45 U.S.C. 
151 et seq.), as amended. 
‘‘(f) 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 rail-
road.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
for chapter 201 of title 49, United States Code, is further 
amended by adding at the end the following new item: 
‘‘20170. Process to address egregiously or persistently blocked crossings.’’. 
SEC. 6. NATIONAL STRATEGY TO ADDRESS BLOCKED 
CROSSINGS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue 
a national strategy on how the Secretary plans to address 
blocked crossings. The Secretary shall submit to the Com-
mittee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infra-
structure of the House of Representatives such strategy 
and publish such strategy publicly on the Department of 
Transportation’s website. 
(b) PUBLIC LAW 116–94.—The strategy required 
under subsection (a) shall incorporate the recommenda-
tions and briefing carried out pursuant to the provisions 
under the heading ‘‘Federal Railroad Administration— 
Safety and Operations’’ in the Department of Transpor-
tation Appropriations Act, 2020 (Public Law 116–94). 
(c) REPORT
CONTENTS.—The strategy required 
under subsection (a) shall include an analysis of the fol-
lowing topics, including whether there are specific legisla-
tive or regulatory recommendations for each of the fol-
lowing: 
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(1) How best to engage the public, representa-
tives of labor organizations representing railroad em-
ployees, law enforcement officers, highway traffic of-
ficials, or other employees of a public agency acting 
in an official capacity to identify and address 
blocked crossings. 
(2) How current and future technology could be 
used to identify and address instances of blocked 
crossings, including the data collected by each rail 
carrier’s positive train control (PTC) system. 
(3) How to identify and address instances of 
blocked crossings at crossings with only passive or 
no warning devices. 
(4) Whether rail carriers should be required to 
address credible reports, as defined in section 234.5 
of title 49, Code of Federal Regulations, of blocked 
crossings. 
(5) How best to use the data collected under 
the web page established by the Secretary for the 
public and law enforcement to report instances of 
blocked crossings, including whether such data 
should be verified by each rail carrier or incor-
porated into the National Crossing Inventory. 
(d) AUTHORITY TO IMPLEMENT REGULATIONS.—If 
the Secretary finds in the report required under subsection 
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(a) additional regulatory changes that are warranted to 
alleviate or reduce the instances or impacts of blocked 
crossings, the Secretary may promulgate rulemakings to 
implement such changes. 
(e) LIMIT ON SECRETARY AUTHORITY.—Nothing in 
this section shall be interpreted as allowing the Secretary 
or a railroad to not comply with— 
(1) section 21103 or a regulation issued pursu-
ant to such section; or 
(2) the Railway Labor Act of 1926 (45 U.S.C. 
151 et seq.). 
(f) UPDATING STRATEGY.—The Secretary shall up-
date the strategy required by subsection (a) not less than 
every 4 years. 
SEC. 7. 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 
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