1337 
‘‘(A) IN GENERAL.—Not later than 10 days 
after a transportation assault incident, the ap-
plicable entity described in subsection (a) shall 
notify personnel employed at the location in 
which the incident occurred. In the case of an in-
cident on a vehicle, such entity shall notify per-
sonnel regularly scheduled to carry out employ-
ment activities on the service route on which the 
incident occurred. 
‘‘(B) CONTENT OF INCIDENT REPORT.—The 
notification 
required 
under 
paragraph 
(1) 
shall— 
‘‘(i) include a summary of the inci-
dent; and 
‘‘(ii) be written in a manner that pro-
tects the confidentiality of individuals in-
volved in the incident. 
‘‘(2) ANNUAL REPORT.—For each calendar year, 
each entity with respect to which a transportation as-
sault incident has been reported during such year 
shall submit to the Secretary a report that describes— 
‘‘(A) the number of assault incidents re-
ported to the entity, including— 
‘‘(i) the number of incidents committed 
against passengers; and 
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‘‘(ii) the number of incidents com-
mitted against personnel; and 
‘‘(B) the number of assault incidents re-
ported to rail or local law enforcement by per-
sonnel of the entity. 
‘‘(3) PUBLICATION.—The Secretary shall make 
available to the public on the primary website of the 
Federal Railroad Administration the data collected 
under paragraph (2). 
‘‘(4) DATA PROTECTION.—Data made available 
under this subsection shall be made available in a 
manner that protects the confidentiality of individ-
uals involved in transportation assault incidents. 
‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.—In 
this section, the term ‘transportation assault’ means the oc-
currence, or reasonably suspected occurrence, of an act 
that— 
‘‘(1) constitutes assault; 
‘‘(2) is committed by a passenger or member of 
personnel of an entity that provides regularly sched-
uled intercity or commuter rail passenger transpor-
tation against another passenger or member of per-
sonnel of such entity; and 
‘‘(3) takes place— 
‘‘(A) within a vehicle of such entity; or 
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‘‘(B) in an area in which passengers are en-
tering or exiting a vehicle described in subpara-
graph (A); or 
‘‘(C) at a station or facility where such en-
tity operates, regardless of ownership of the sta-
tion or facility.’’. 
(b) CONFORMING 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: 
‘‘20170. Assault prevention and response plans.’’. 
SEC. 9513. CRITICAL INCIDENT STRESS PLANS. 
The Secretary of Transportation shall issue such regu-
lations as are necessary to amend part 272 of title 49, Code 
of Federal Regulations, to ensure that— 
(1) the coverage of a critical incident stress plan 
under section 272.7 of such part includes directly in-
volved employees of commuter railroads and intercity 
passenger railroads, as such terms are defined in sec-
tion 272.9 of such part; and 
(2) assault and the witnessing of an assault 
against an employee or train passenger is included in 
the definition of critical incident under section 272.9 
of such part. 
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SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICA-
TION. 
(a) AUDIT OF PROGRAMS.— 
(1) 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: 
‘‘§ 20171. Audit of qualification and certification pro-
grams 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the TRAIN Act, and not less frequently 
than every 5 years thereafter, the Secretary shall conduct 
an audit of— 
‘‘(1) the qualification and certification program 
of locomotive engineers of each Class I railroad car-
rier subject to the requirements of part 240 of title 49, 
Code of Federal Regulations; and 
‘‘(2) the qualification and certification program 
of conductors of each Class I railroad carrier subject 
to the requirements of part 242 of title 49, Code of 
Federal Regulations. 
‘‘(b) CONTENTS OF AUDIT.—In carrying out the audit 
required under subsection (a), the Secretary shall— 
‘‘(1) consider whether the training, qualification, 
and continuing education components of the pro-
grams described in subsection (a) comply with regula-
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tions in parts 240 and 242 of title 49, Code of Fed-
eral Regulations; 
‘‘(2) assess the quality of the training that rail-
road carriers provide locomotive engineers and con-
ductors under such programs; 
‘‘(3) determine whether such programs provide 
locomotive engineers and conductors the knowledge, 
skill, and ability to safely operate the types of loco-
motives or trains a railroad carrier may require a lo-
comotive engineer and conductor to operate, including 
all associated technology used on such locomotives or 
trains; 
‘‘(4) determine whether the training, qualifica-
tion, and continuing education components of such 
programs reflect the operating practices of the rail-
road carrier carrying out such components; 
‘‘(5) assess whether a railroad carrier conducting 
such programs provides locomotive engineers or con-
ductors adequate at-controls training before certifi-
cation; 
‘‘(6) assess how a railroad carrier uses a simu-
lator or other technology to train, familiarize, or pro-
vide recurrent training to a locomotive engineer or 
conductor, including how the use of a simulator or 
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other such technology compares to international expe-
rience or practice; and 
‘‘(7) address any other safety issues the Secretary 
determines appropriate for preparing locomotive engi-
neers and conductors. 
‘‘(c) DEFICIENCY
IN QUALIFICATION
AND CERTIFI-
CATION PROGRAM.—If, in conducting the audit required 
under this section, the Secretary identifies a deficiency in 
a railroad carrier’s qualification and certification program 
of locomotive engineers or the qualification and certification 
program of conductors, the Secretary shall require the rail-
road carrier to update such program to eliminate the defi-
ciency. 
‘‘(d) CONSULTATION.—In conducting the audit re-
quired under this section, the Secretary shall consult with 
representatives of each railroad carrier and representatives 
of the employees of the railroad carrier, including any non-
profit employee labor organization representing engineers 
or conductors of the railroad carrier. 
‘‘(e) COOPERATION.— 
‘‘(1) IN GENERAL.—A railroad carrier and em-
ployees of the railroad carrier, including any non-
profit employee labor organization representing engi-
neers or conductors of the railroad carrier, shall co-
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operate fully with the Secretary during an audit re-
quired under this section. 
‘‘(2) DOCUMENTS; INTERVIEWS.—A railroad car-
rier shall provide any documents requested by the 
Secretary or make available any employee for inter-
view with the Secretary without undue delay or ob-
struction. 
‘‘(f) REPORT TO CONGRESS.—Not later than 90 days 
after the date on which the Secretary completes an audit 
under subsection (a), the Secretary shall— 
‘‘(1) publish on the website of the Federal Rail-
road Administration a report that summarizes the re-
sults of the audit and any updates made in accord-
ance with subsection (c); and 
‘‘(2) notify of such report the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(g) CIVIL PENALTY.—The Secretary is authorized to 
assess a civil penalty or to take other authorized enforce-
ment action, as appropriate, pursuant to chapter 213 for 
a failure to comply with the requirements of this section.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
subchapter II of chapter 201 of title 49, United States 
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Code, as amended by this division, is further amended 
by adding at the end the following: 
‘‘20171. Audit of qualification and certification programs.’’. 
(b) REVIEW OF REGULATIONS.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall determine whether any update to part 
240 or 242, of title 49, Code of Federal Regulations, 
is necessary to prepare locomotive engineers and con-
ductors to safely operate trains. 
(2) REQUIREMENTS.—In making a determina-
tion under paragraph (1), the Secretary shall— 
(A) evaluate, taking into account the re-
quirements of section 20169 of title 49, United 
States Code, whether such parts establish Federal 
standards for railroad carriers to— 
(i) provide locomotive engineers and 
conductors the knowledge, skill and ability 
to safely operate trains under conditions 
that reflect industry practices; 
(ii) adequately address locomotive en-
gineer and conductor situational awareness; 
(iii) require adequate at-controls train-
ing before a locomotive engineer or con-
ductor is certified; 
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(iv) adequately prepare locomotive en-
gineers and conductors to understand all lo-
comotive operating characteristics; 
(v) sufficiently require locomotive engi-
neers and conductors to demonstrate knowl-
edge on the physical characteristics of a ter-
ritory under various conditions and using 
various resources; and 
(vi) address any other safety issue the 
Secretary determines appropriate for better 
preparing locomotive engineers and conduc-
tors; and 
(B) consider the results of the audit re-
quired by section 20171 of title 49, United States 
Code. 
(3) REPORT TO CONGRESS.—Not later than 180 
days after the date on which the Secretary submits 
the report required under section 20171(f) of title 49, 
United States Code, the Secretary 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 that includes the findings of the review re-
quired under paragraph (1) and a description of any 
action the Secretary intends to take to improve, or in-
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crease the effectiveness of the requirements of, part 
240 or 242 of title 49, Code of Federal Regulations. 
(4) RULEMAKING.—If the Secretary determines 
under paragraph (1) that any update to part 240 or 
242 is necessary to prepare locomotive engineers or 
conductors to safely operate locomotives or trains, the 
Secretary shall issue a rulemaking to carry out such 
update. 
(5) APPLICATION OF LAW.—Any action the Sec-
retary takes as a result of a determination made 
under paragraph (1) shall be consistent with section 
20169 of title 49, United States Code. 
(6) DEFINITION OF RAILROAD CARRIER.—In this 
subsection, the term ‘‘railroad carrier’’ has the mean-
ing given such term in section 20102 of title 49, 
United States Code. 
SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION. 
(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. Safety management team communication 
‘‘The Administrator of the Federal Railroad Adminis-
tration shall implement a process for the communication 
of information between safety management teams of the Ad-
ministration and railroad employees, including any non-
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profit employee labor organization representing railroad 
employees. Such process shall include a reasonable time-
frame for a safety management team to respond to commu-
nication from such railroad employees.’’. 
(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. Safety management team communication.’’. 
SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF 
RAILROAD SAFETY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study comparing the Office of Rail-
road Safety of the Federal Railroad Administration before 
and after the reorganization of such Office that took effect 
on June 8, 2020. 
(b) CONTENTS.—The study conducted under subsection 
(a) shall evaluate— 
(1) the differences in the structure of the Office 
before and after such reorganization; 
(2) any differences in the communication be-
tween the Office and railroad carriers and the em-
ployees of railroad carriers before and after such reor-
ganization; 
(3) any differences in the communication be-
tween Federal Railroad Administration safety inspec-
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tors and other specialists before and after such reorga-
nization, and the impacts of such differences; 
(4) whether the structure before or after such re-
organization better protects against regulatory cap-
ture; 
(5) whether the structure before or after such re-
organization is better at promoting and ensuring 
safety; 
(6) whether the structure before or after such re-
organization more closely resembles the structure of 
other Department of Transportation modal agencies 
that have enforcement authority similar to the Fed-
eral Railroad Administration; and 
(7) any other issues the Comptroller General de-
termines are relevant. 
(c) INFORMATION COLLECTION.—In conducting the 
study required under this section, the Comptroller General 
shall collect information from the following entities: 
(1) The Federal Railroad Administration. 
(2) Freight rail carriers and passenger rail car-
riers. 
(3) Employees of freight rail carriers and pas-
senger rail carriers. 
(4) Other entities the Comptroller General deter-
mines are relevant. 
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(d) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall trans-
mit to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
that includes the findings of the study conducted under sub-
section (a) and any recommendations for improving safety 
and communication within the Office of Railroad Safety 
or between the Office of Railroad Safety and the entities 
identified in paragraphs (2) and (3) of subsection (c). 
SEC. 9517. OPEN-TOP RAIL CAR PUBLIC INPUT. 
Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Federal Railroad Admin-
istration shall initiate a public process to seek input on 
addressing safety risks, spills, emissions, odors, and other 
public nuisances associated with top loading rail cars, 
open-top hoppers, and gondolas, including evaluating the 
feasibility of a requirement that such rail cars be covered 
while in transportation, including while being held, de-
layed, or transferred. 
SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFE-
TY VALIDATION PLAN. 
(a) IN GENERAL.—Subchapter I of chapter 201 of title 
49, United States Code, is amended by adding at the end 
the following: 
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‘‘§ 20122. New passenger service pre-revenue safety 
validation plan 
‘‘(a) SAFETY VALIDATION PLAN.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require a covered entity to submit to the 
Secretary a safety validation plan to ensure the safe 
operation of— 
‘‘(A) a new intercity rail passenger trans-
portation or commuter rail passenger transpor-
tation service; 
‘‘(B) an intercity rail passenger transpor-
tation or commuter rail passenger transpor-
tation route that has not been in revenue service 
for a period of more than 180 days; or 
‘‘(C) an extension of an existing intercity 
rail passenger transportation or commuter rail 
passenger transportation route. 
‘‘(2) SUBMISSION.—A covered entity shall submit 
a safety validation plan required under paragraph 
(1) not later than 30 days before the date on which 
such entity begins revenue service of a service or route 
described in paragraph (1). 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of the TRAIN Act, the Sec-
retary shall establish the requirements of the safety 
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validation plan described under subsection (a), in-
cluding adequate training of all relevant personnel 
and a minimum period of simulated service to ensure 
operational readiness. 
‘‘(2) PROHIBITION OF SERVICE.—The Secretary 
shall prohibit a covered entity from beginning a serv-
ice described in subsection (a)(1) until the entity is 
in full compliance with the safety validation plan re-
quired by such subsection. 
‘‘(c) AMENDMENT TO SAFETY VALIDATION PLAN.— 
‘‘(1) IN GENERAL.—The Secretary shall require a 
covered entity to submit to the Secretary for review 
and approval any proposed amendment to a safety 
validation plan required under subsection (a). 
‘‘(2) REVIEW AND APPROVAL.—Not later than 5 
working days after the date on which the Secretary 
receives a proposed amendment submitted under 
paragraph (1), the Secretary shall review and ap-
prove or deny such proposed amendment. 
‘‘(3) NOTIFICATION.—If the Secretary does not 
approve a proposed amendment submitted under this 
subsection, the Secretary shall provide written notice 
to the covered entity of the specific areas in which the 
proposed amendment is deficient. An entity may cor-
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rect such deficiencies and reapply for review and ap-
proval under this subsection. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED ENTITY.—The term ‘covered enti-
ty’ means an entity providing regularly scheduled 
railroad transportation that is intercity rail pas-
senger transportation or commuter rail passenger 
transportation. 
‘‘(2) INTERCITY
RAIL
PASSENGER
TRANSPOR-
TATION; COMMUTER
RAIL
PASSENGER
TRANSPOR-
TATION.—The terms ‘intercity rail passenger trans-
portation’ and ‘commuter rail passenger transpor-
tation’ have the meanings given such terms in section 
24102.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter I of chapter 201 of title 49, United States Code, 
is amended by adding at the end the following new item: 
‘‘20122. New passenger service pre-revenue safety validation plan.’’. 
SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND 
EMERGING RAIL TECHNOLOGIES. 
(a) IN GENERAL.—The Secretary of Transportation 
shall conduct a review of the safety regulations of the Fed-
eral Railroad Administration to determine the applica-
bility of such regulations to nontraditional and emerging 
rail technologies and to identify any gaps in such regula-
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tions or any challenges to ensuring the safety of such tech-
nologies. 
(b) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Secretary 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 on the 
findings of the review conducted under subsection (a). 
(c) CONTENTS.—The report required under subsection 
(b) shall include a description of— 
(1) the applicability of safety regulations in ef-
fect on the date of enactment of this Act to nontradi-
tional and emerging rail technologies; 
(2) whether gaps in the regulations or other chal-
lenges exist that should be addressed in order to en-
sure the safety of nontraditional and emerging rail 
technologies; 
(3) any additional regulations that are necessary 
to ensure the safety of nontraditional and emerging 
rail technologies; and 
(4) any additional research that may be needed 
to further evaluate and regulate the safety of non-
traditional and emerging rail technologies. 
(d) PUBLIC NOTICE AND COMMENT.—In conducting 
the review process under subsection (a), the Secretary shall 
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provide notice and an opportunity for public comment for 
not less than 60 days. 
(e) NONTRADITIONAL
AND EMERGING RAIL TECH-
NOLOGIES DEFINED.—In this section, the term ‘‘nontradi-
tional and emerging rail technologies’’ means nonhighway 
ground transportation that runs on electromagnetic guide-
ways in a tube, or system of tubes, that operates in a low- 
pressure environment. 
Subtitle B—Grade Crossing Safety 
SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION 
GRANTS. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code, as amended by this division, is further amend-
ed by adding at the end the following: 
‘‘§ 22912. Highway-rail grade crossing separation 
grants 
‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans-
portation shall make grants under this section to eligible 
entities to assist in funding the cost of highway-rail grade 
crossing separation projects. 
‘‘(b) APPLICATION REQUIREMENTS.—To be eligible for 
a grant under this section, an eligible entity shall submit 
to the Secretary an application in such form, in such man-
ner, and containing such information as the Secretary may 
require, including— 
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‘‘(1) an agreement between the entity that owns 
or controls the railroad right-of-way and the appli-
cant addressing access to the railroad right-of-way 
throughout the project; and 
‘‘(2) a cost-sharing agreement with the funding 
amounts that the entity that owns or controls the 
railroad right-of-way shall contribute to the project, 
which shall be not less than 10 percent of the total 
project cost. 
‘‘(c) ELIGIBLE PROJECTS.—The following projects are 
eligible to receive a grant under this section: 
‘‘(1) Installation, repair, or improvement, in-
cluding necessary acquisition of real property inter-
ests, of highway-rail grade crossing separations. 
‘‘(2) Highway-rail grade crossing elimination 
incidental to eligible grade crossing separation 
projects. 
‘‘(3) Project planning, development, and environ-
mental work related to a project described in para-
graph (1) or (2). 
‘‘(d) PROJECT SELECTION CRITERIA.—In awarding 
grants under this section, the Secretary— 
‘‘(1) shall give priority to projects that maximize 
the safety benefits of Federal funding; 
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‘‘(2) shall give priority to projects that provide 
direct benefits to socially disadvantaged individuals 
(as such term is defined in section 22906(b)); and 
‘‘(3) may evaluate applications on the safety 
profile of the existing crossing, 10-year history of ac-
cidents at such crossing, inclusion of the proposed 
project on a State highway-rail grade crossing action 
plan, average daily vehicle traffic, total number of 
trains per day, average daily number of crossing clo-
sures, the challenges of grade crossings located near 
international borders, proximity to established emer-
gency evacuation routes, and proximity of community 
resources, including schools, hospitals, fire stations, 
police stations, and emergency medical service facili-
ties. 
‘‘(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. 
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‘‘(2) FEDERAL SHARE.—The Federal share for a 
project carried out under this section shall not exceed 
85 percent. 
‘‘(f) GRANT CONDITIONS.—An eligible entity may not 
receive a grant for a project under this section unless such 
project complies with section 22905. 
‘‘(g) 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 this section that— 
‘‘(A) announces an intention to obligate for 
a project 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. 
‘‘(2) CONGRESSIONAL NOTIFICATION.— 
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‘‘(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 
(d) for selecting the project for a grant; and 
‘‘(iii) a description of how the project 
meets such criteria. 
‘‘(h) APPROPRIATIONS REQUIRED.—An obligation or 
contingent 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 chapter 
229 of title 49, United States Code, as amended by this 
division, is further amended by adding at the end the fol-
lowing: 
‘‘22912. Highway-rail grade crossing separation grants.’’. 
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT. 
Section 22907 of title 49, United States Code (as 
amended by this Act), is further amended by adding at the 
end the following new subsection: 
‘‘(o) RAIL SAFETY PUBLIC AWARENESS GRANTS.— 
‘‘(1) GRANT.—Of the amounts made available to 
carry out this section, the Secretary shall make grants 
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to nonprofit organizations to carry out public infor-
mation and education programs to help prevent and 
reduce rail-related pedestrian, motor vehicle, and 
other incidents, injuries, and fatalities, and to im-
prove awareness along railroad right-of-way and at 
highway-rail grade crossings. 
‘‘(2) SELECTION.—Programs eligible for a grant 
under this subsection— 
‘‘(A) shall include, as appropriate— 
‘‘(i) development, placement, and dis-
semination of public service announcements 
in appropriate media; 
‘‘(ii) school presentations, driver and 
pedestrian safety education, materials, and 
public awareness campaigns; and 
‘‘(iii) disseminating information to the 
public on how to identify and report to the 
appropriate authorities— 
‘‘(I) unsafe or malfunctioning 
highway-rail 
grade 
crossings 
and 
equipment; and 
‘‘(II) high-risk and unsafe behav-
ior and trespassing around railroad 
right-of-way; and 
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‘‘(B) may include targeted and sustained 
outreach in communities at greatest risk to de-
velop measures to reduce such risk. 
‘‘(3) COORDINATION.—Eligible entities shall co-
ordinate program activities with local communities, 
law enforcement and emergency responders, and rail-
road 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 Prop-
erty’ issued by the Federal Railroad Administration 
in October 2018. 
‘‘(4) 
PRIORITIZATION.—In 
awarding 
grants 
under this subsection, the Administrator shall give 
priority to applications for programs that— 
‘‘(A) are nationally recognized; 
‘‘(B) are targeted at schools in close prox-
imity to railroad right-of-way; 
‘‘(C) partner with nearby railroad carriers; 
or 
‘‘(D) focus on communities with a recorded 
history of repeated pedestrian and motor vehicle 
accidents, incidents, injuries, and fatalities at 
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highway-rail grade crossings and along railroad 
right-of-way. 
‘‘(5) APPLICABILITY.—Section 22905 shall not 
apply to contracts and agreements made under this 
subsection.’’. 
SEC. 9553. 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: 
‘‘§ 20173. 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 there-
under unless the action to comply could reasonably 
occur at a different time or location; 
‘‘(5) actions necessary to adhere to section 24308; 
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‘‘(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 equip-
ment 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 ex-
ceed the time limit set forth in subsection (a) and are re-
ported 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 cross-
ing; 
‘‘(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), main-
tain train location data records for the public high-
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way-rail grade crossing that was the subject of the no-
tice. 
‘‘(2) CONTENTS OF RECORDS.—The train loca-
tion 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 inci-
dent (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 sub-
section (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 data-
base for blocked crossing incidents reported to occur 
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at such grade crossing during the previous 365 con-
secutive 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) oc-
curring 60 days after the date of submission of a no-
tice under subsection (b). 
‘‘(2) RELEASE OF RECORDS.—Upon the request 
of, and under requirements set by, the Secretary, rail-
road 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 sub-
section (a) that occur at a public highway-rail grade 
crossing if an alternate route created by a public 
highway-rail grade separation exists within a half 
mile by road mileage of such public highway-rail 
grade crossing. 
‘‘(4) GRADE SEPARATION PROJECT.—Civil pen-
alties 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— 
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