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-of-
way, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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.
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 acci-
dents at these crossings;
(3) it is necessary to improve safety at our Na-
tion’s rail-highway crossings and along rail rights-of-
way;
(4) there are insufficient public funds to pro-
vide 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 re-
duce 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 edu-
cate motorists in their responsibilities at crossings in
order to realize the full benefits from the public in-
vestment in rail-highway crossing warning systems.
SEC. 3. RAIL-HIGHWAY GRADE CROSSING CLOSING PRO-
GRAM.
(a) INCREASED FEDERAL SHARE.—Section 120(c) of
title 23, United States Code, is amended by inserting
‘‘rail-highway crossing closures,’’ after ‘‘vanpooling,’’.
(b) INCENTIVE FUNDS; BENEFITS AND COSTS ANAL-
YSES.—Section 130 of title 23, United States Code, is
amended by redesignating subsection (h) as subsection (j)
and inserting after subsection (g) the following:
‘‘(h) INCENTIVE FUNDS FOR CLOSING CROSSINGS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
any State, after adopting a policy requiring the re-
view 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 in-
centive payment to a local jurisdiction upon the per-
manent closing by the jurisdiction of a public at-
grade crossing.
‘‘(2) CONDITIONS.—The incentive payments au-
thorized by paragraph (1) of this subsection may be
in amounts of not to 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) USE OF FUNDS.—The local jurisdiction re-
ceiving 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.—Not
later than 18 months after the date of the enactment of
this subsection, the Secretary shall establish guidelines to
enable States to determine the public benefits and costs
resulting from any new rail-highway grade crossings.’’.
SEC. 4. OPERATION LIFESAVER.
Section 104(d)(1) of title 23, United States Code, is
amended to read as follows:
‘‘(1) OPERATION
LIFESAVER.—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 fis-
cal year for carrying out a public information and
education program to help prevent and reduce motor
vehicle accidents, injuries, and fatalities, to improve
driver performance at railway-highway crossings,
and to help prevent trespassing on rail rights-of-way
and the resulting injuries and fatalities. Expenditure
of any funds in excess of $300,000 shall be contin-
gent upon receipt of matching funds from nonpublic
sources.’’.
SEC. 5. GRADE CROSSING CORRIDOR SAFETY INCENTIVE
PROGRAM.
(a) FUNDING OF PROGRAM.—Section 104(d) of title
23, United States Code, is amended by adding at the end
the following:
‘‘(4) GRADE CROSSING CORRIDOR SAFETY IN-
CENTIVE PROGRAM.—Before making an apportion-
ment 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 sur-
face transportation program for such fiscal year to
carry out a program to provide a financial incentive
to States that review and implement grade crossing
safety improvements on a corridor basis in accord-
ance with section 130(k).’’.
(b) ESTABLISHMENT OF PROGRAM.—Section 130 of
title 23, United States Code, is amended by adding at the
end the following:
‘‘(k) GRADE CROSSING CORRIDOR SAFETY INCEN-
TIVE PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall carry
out a program to provide an additional financial in-
centive to States that review and implement grade
crossing safety improvements on a corridor basis.
Such financial incentive would be in addition to