1042 
‘‘(A) shall give priority to projects that 
maximize the safety benefits of Federal funding; 
and 
‘‘(B) may evaluate applications on the safe-
ty profile of the existing crossing, 10-year history 
of accidents at such crossing, inclusion of the 
proposed project on a grade crossing safety ac-
tion plan, average automobile traffic, freight and 
passenger train traffic, average daily number of 
crossing closures, and proximity of community 
resources, including schools, hospitals, fire sta-
tions, police stations, and emergency medical 
service facilities. 
‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 
‘‘(1) TOTAL
PROJECT
COSTS.—The Secretary 
shall estimate the total costs of a project under this 
section based on the best available information, in-
cluding any available engineering studies, studies of 
economic feasibility, environmental analysis, and in-
formation on the expected use of equipment or facili-
ties. 
‘‘(2) FEDERAL SHARE.—The Federal share for a 
project carried out under this section shall not exceed 
85 percent. 
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‘‘(f) GRANT CONDITIONS.—An eligible entity may not 
receive a grant for a project under this section unless such 
project is in compliance with section 22905, except that 
22905(b) shall only apply to a person that conducts rail 
operations. 
‘‘(g) TWO YEAR LETTERS OF INTENT.— 
‘‘(1) IN GENERAL.—The Secretary shall, to the 
maximum extent practicable, issue a letter of intent 
to a recipient of a grant under subsection (d)(1) 
that— 
‘‘(A) announces an intention to obligate for 
no more than 2 years, for a major capital project 
under subsection (d)(1), an amount that is not 
more than the amount stipulated as the financial 
participation of the Secretary for the project; 
and 
‘‘(B) states that the contingent commit-
ment— 
‘‘(i) is not an obligation of the Federal 
Government; and 
‘‘(ii) is subject to the availability of 
appropriations for grants under this section 
and subject to Federal laws in force or en-
acted after the date of the contingent com-
mitment. 
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‘‘(2) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 3 days 
before issuing a letter of intent under paragraph 
(1), the Secretary shall submit written notifica-
tion to— 
‘‘(i) the Committee on Transportation 
and Infrastructure of the House of Rep-
resentatives; 
‘‘(ii) the Committee on Appropriations 
of the House of Representatives; 
‘‘(iii) the Committee on Appropria-
tions of the Senate; and 
‘‘(iv) the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(B) CONTENTS.—The notification sub-
mitted under subparagraph (A) shall include— 
‘‘(i) a copy of the letter of intent; 
‘‘(ii) the criteria used under subsection 
(b) for selecting the project for a grant; and 
‘‘(iii) a description of how the project 
meets such criteria. 
‘‘(h) APPROPRIATIONS REQUIRED.—An obligation or 
administrative commitment may be made under subsection 
(g) only after amounts are appropriated for such purpose. 
‘‘(i) DEFINITIONS.—In this section: 
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‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means— 
‘‘(A) a State; 
‘‘(B) a public agency or publicly chartered 
authority; 
‘‘(C) a metropolitan planning organization; 
‘‘(D) a political subdivision of a State; and 
‘‘(E) a Tribal government. 
‘‘(2) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ has the meaning given such term in section 
134(b) of title 23. 
‘‘(3) STATE.—The term ‘State’ means a State of 
the United States or the District of Columbia.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter 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: 
‘‘20171. Grade crossing separation grants.’’. 
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANTS. 
(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: 
‘‘§ 20172. Rail safety public awareness grants 
‘‘(a) GRANT.—The Administrator of the Federal Rail-
road Administration shall make grants to eligible entities 
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to carry out public information and education programs 
to help prevent and reduce rail-related pedestrian, motor 
vehicle, and other accidents, incidents, injuries, and fatali-
ties, and to improve awareness along railroad rights-of-way 
and at railway-highway grade crossings. 
‘‘(b) APPLICATION.—To be eligible to receive a grant 
under this section, an eligible entity shall submit to the Ad-
ministrator an application in such form, in such manner, 
and containing such information as the Secretary may re-
quire. 
‘‘(c) CONTENTS.—Programs eligible for a grant under 
this section— 
‘‘(1) shall include, as appropriate— 
‘‘(A) development, placement, and dissemi-
nation of public service announcements in ap-
propriate media; 
‘‘(B) school presentations, driver safety edu-
cation, materials, and public awareness cam-
paigns; and 
‘‘(C) disseminating information to the pub-
lic on how to identify and report to the appro-
priate authorities unsafe or malfunctioning high-
way-rail grade crossings; and 
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‘‘(2) may include targeted and sustained out-
reach in communities at greatest risk to develop 
measures to reduce such risk. 
‘‘(d) COORDINATION.—Eligible entities shall coordi-
nate program activities with local communities, law en-
forcement and emergency responders, and rail carriers, as 
appropriate, and ensure consistency with State highway- 
rail grade crossing action plans required under section 
11401(b) of the FAST Act (49 U.S.C. 22501 note) and the 
report titled ‘National Strategy to Prevent Trespassing on 
Railroad Property’ issued by the Federal Railroad Admin-
istration in October 2018. 
‘‘(e) PRIORITIZATION.—In awarding grants under this 
section, the Administrator shall give priority to applica-
tions for programs that— 
‘‘(1) are nationally recognized; 
‘‘(2) are targeted at schools in close proximity to 
railroad rights-of-way; 
‘‘(3) partner with nearby railroad carriers; or 
‘‘(4) focus on communities with a recorded his-
tory of repeated pedestrian and motor vehicle acci-
dents, incidents, injuries, and fatalities at highway- 
rail grade crossings and along railroad rights-of-way. 
‘‘(f) DEFINITIONS.—In this section: 
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‘‘(1) ELIGIBLE ENTITY.—the term ‘eligible entity’ 
means— 
‘‘(A) a nonprofit organization; 
‘‘(B) a State; 
‘‘(C) a political subdivision of a State; and 
‘‘(D) a public law enforcement agency or 
emergency response organization. 
‘‘(2) STATE.—The term ‘State’ means a State of 
the United States, the District of Columbia, and 
Puerto Rico.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter 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: 
‘‘20172. Rail safety public awareness grants.’’. 
SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 
BLOCKING PUBLIC 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: 
‘‘§ 20173. Time limit for blocking a rail crossing 
‘‘(a) TIME LIMIT.—A train, locomotive, railroad car, 
or other rail equipment is prohibited from blocking a cross-
ing for more than 10 minutes, unless the train, locomotive, 
or other equipment is directly delayed by— 
‘‘(1) a casualty or serious injury; 
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‘‘(2) an accident; 
‘‘(3) a track obstruction; 
‘‘(4) an act of God; or 
‘‘(5) a derailment or a major equipment failure 
that prevents the train from advancing. 
‘‘(b) CIVIL PENALTY.—The Secretary of Transpor-
tation may issue civil penalties for violations of subsection 
(a) in accordance with section 21301. 
‘‘(c) DELEGATION.—The Secretary may delegate en-
forcement actions under subsection (b) to States either 
through a State inspector certified by the Federal Railroad 
Administration, or other law enforcement officials as des-
ignated by the States and approved by the Administration. 
The Secretary shall issue guidance or regulations not later 
than 1 year after the date of enactment on the criteria and 
process for States to gain approval under this section. 
‘‘(d) APPLICATION TO AMTRAK AND COMMUTER RAIL-
ROADS.—This section shall not apply to Amtrak or com-
muter authorities, including Amtrak and commuter au-
thorities’ operations run or dispatched by a Class I rail-
road. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) CROSSING.—The term ‘crossing’ means a lo-
cation within a State in which a public highway, 
road, or street, including associated sidewalks and 
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pathways, crosses 1 or more railroad tracks either at 
grade or grade-separated. 
‘‘(2) BLOCKED
CROSSING.—The term ‘blocked 
crossing’ means a circumstance in which a train, lo-
comotive, railroad car, or other rail equipment is 
stopped in a manner that obstructs public travel at 
a crossing.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is further amended by adding at the end the following new 
item: 
‘‘20173. Time limit for blocking a rail crossing.’’. 
SEC. 9554. NATIONAL STRATEGY TO ADDRESS BLOCKED 
CROSSINGS. 
(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate, and make publicly available on the website of 
the Department of Transportation, a report containing a 
national strategy to address blocked crossings. 
(b) PUBLIC LAW 116–94.—The strategy required 
under subsection (a) shall incorporate the recommendations 
and briefing described in the report accompanying the De-
partment of Transportation Appropriations Act, 2020 
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(Public Law 116–94) with respect to the amounts provided 
under the heading ‘‘Federal Railroad Administration— 
Safety and Operations’’. 
(c) REPORT CONTENTS.—The strategy required under 
subsection (a) shall include an analysis of the following top-
ics, including any specific legislative or regulatory rec-
ommendations: 
(1) How best to engage the public, representa-
tives of labor organizations representing railroad em-
ployees, law enforcement officers, highway traffic offi-
cials, or other employees of a public agency acting in 
an official capacity to identify and address blocked 
crossings. 
(2) How technology and positive train control 
system data can be used to identify and address in-
stances of blocked crossings. 
(3) How to identify and address instances of 
blocked crossings at crossings with passive or no 
warning devices. 
(4) How best to use the data collected under a 
webpage 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 incorporated into the 
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national crossing inventory established under section 
20160 of title 49, United States Code. 
(d) UPDATING STRATEGY.—The Secretary shall evalu-
ate the strategy developed under this section not less than 
every 5 years, and update it as needed. 
(e) DEFINITIONS.—In this section: 
(1) BLOCKED
CROSSING.—The term ‘‘blocked 
crossing’’ means a circumstance in which a train, lo-
comotive, railroad car, or other rail equipment is 
stopped in a manner that obstructs public travel at 
a crossing. 
(2) POSITIVE
TRAIN
CONTROL
SYSTEM.—The 
term ‘‘positive train control system’’ has the meaning 
given the term in section 20157(i) of title 49, United 
States Code. 
SEC. 9555. 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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(iii) by inserting the following after 
subparagraph (C): 
‘‘(D) blocked crossings; 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 ‘‘; and’’ ; and 
(D) by adding at the end the following: 
‘‘(6) promptly inform the Secretary if the num-
ber required to be established under subsection (a) has 
changed and report the new number to the Sec-
retary.’’; 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.’’. 
SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY 
REVIEW. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall expend such sums as are necessary to conduct 
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a comprehensive review of the national highway-rail cross-
ing inventory of the Department of Transportation estab-
lished under section 20160 of title 49, United States Code. 
(b) CONTENTS.—In conducting the review required 
under subsection (a), the Secretary shall— 
(1) verify the accuracy of the data contained in 
the inventory described in subsection (a) using map-
ping technologies and other methods; and 
(2) correct erroneous data in such inventory. 
(c) REPORT.—Not later than 30 days after the comple-
tion of the review required under subsection (a), the Sec-
retary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report detailing corrections made to the inven-
tory described in subsection (a) and the Secretary’s plans 
to ensure continued accuracy of such inventory. 
SEC. 9557. COUNTING RAILROAD SUICIDES. 
(a) IN GENERAL.—Not less than 180 days after the 
enactment of this Act, the Secretary of Transportation shall 
revise any regulations, guidance, or other relevant agency 
documents to count suicides on a railroad crossing or rail-
road right-of-way as trespassing deaths. 
(b) AUTHORITY OF THE SECRETARY.—In carrying out 
subsection (a), the Secretary may require Federal, State, 
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and local agencies, railroads, or other entities to submit 
such data as necessary. 
(c) 
APPLICABILITY
OF
RULEMAKING
REQUIRE-
MENTS.—The requirements of section 553 of title 5, United 
States Code, shall not apply to the modification required 
by subsection (a). 
DIVISION E—ADDITIONAL 
PROGRAMS 
SEC. 10001. NATIONAL SCENIC BYWAYS PROGRAM. 
There are authorized to be appropriated out of the gen-
eral fund of the Treasury, for the national scenic byways 
program under section 162 of title 23, United States Code— 
(1) $55,000,000 for fiscal year 2021; 
(2) $60,000,000 for fiscal year 2022; 
(3) $65,000,000 for fiscal year 2023; 
(4) $70,000,000 for fiscal year 2024; and 
(5) $75,000,000 for fiscal year 2025. 
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Union Calendar No. 350 
116TH CONGRESS 
2D SESSION 
H. R. 2 
[Report No. 116–437] 
A BILL 
To authorize funds for Federal-aid highways, high-
way safety programs, and transit programs, and 
for other purposes. 
JUNE 26, 2020 
Reported with an amendment; committed to the Com-
mittee of the Whole House on the State of the Union 
and ordered to be printed 
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