Blocked Rail Crossings Safety Improvement Act of 2021
Bill: H.R.9690 | Sponsor: Rep. Carson, Andre (D-IN)
Policy area: Transportation and Public Works

Summary:
Blocked Rail Crossings Safety Improvement Act of 2021
This bill addresses safety and congestion along railroad right-of-way and highway-rail grade crossings.
For example, the bill directs the Department of Transportation (DOT) to provide grants to (1) assist state, local, and tribal governments in funding the cost of highway-rail grade crossing separation projects; and (2) help nonprofit organizations carry out public information and education programs to help prevent and reduce rail-related pedestrian, motor vehicle, and other incidents, injuries, and fatalities, and to improve awareness along railroad right-of-way and at highway-rail grade crossings.
Additionally, the bill prohibits railroad carriers from obstructing travel at public highway-rail crossings for more than 10 minutes, except under limited circumstances (e.g., safety issues).
Further, DOT must (1) establish a national blocked crossings database for the public to report blocked crossing incidents; (2) conduct a comprehensive review of the national highway-rail crossing inventory; and (3) revise its regulations, guidance, or other relevant agency documents to include the number of suicides on a railroad crossing or railroad right-of-way in the total number of rail fatalities it reports each year.

To amend title 49, United States Code, to provide for highway-rail 
       grade crossing separation grants, 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 ``Blocked Rail Crossings Safety 
Improvement Act of 2021''.

SEC. 2. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS.

    (a) In General.--Chapter 229 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 22911. Highway-rail grade crossing separation grants
    ``(a) General Authority.--The Secretary of Transportation 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 manner, and containing such 
information as the Secretary may require, including--
            ``(1) an agreement between the entity that owns or controls 
        the railroad right-of-way and the applicant 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, including 
        necessary acquisition of real property interests, of highway-
        rail grade crossing separations.
            ``(2) Highway-rail grade crossing elimination incidental to 
        eligible grade crossing separation projects.
            ``(3) Project planning, development, and environmental work 
        related to a project described in paragraph (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; and
            ``(2) may evaluate applications on the safety profile of 
        the existing crossing, 10-year history of accidents 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 closures, the challenges of grade crossings located 
        near international borders, proximity to established emergency 
        evacuation routes, and proximity of community resources, 
        including schools, hospitals, fire stations, 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, including any available engineering 
        studies, studies of economic feasibility, environmental 
        analysis, and information on the expected use of equipment or 
        facilities.
            ``(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 commitment--
                            ``(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 enacted 
                        after the date of the contingent commitment.
            ``(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 notification to--
                            ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            ``(ii) the Committee on Appropriations of 
                        the House of Representatives;
                            ``(iii) the Committee on Appropriations of 
                        the Senate; and
                            ``(iv) the Committee on Commerce, Science, 
                        and Transportation of the Senate.
                    ``(B) Contents.--The notification submitted 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:
            ``(1) Eligible entity.--The term `eligible entity' 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 organization.--The term 
        `metropolitan planning organization' 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, is amended by adding at the end the following:

``22911. Highway-rail grade crossing separation grants.''.

SEC. 3. RAIL SAFETY PUBLIC AWARENESS GRANT.

    Section 22907 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(m) Rail Safety Public Awareness Grants.--
            ``(1) Grant.--Of the amounts made available to carry out 
        this section, the Secretary shall make grants to nonprofit 
        organizations to carry out public information and education 
        programs to help prevent and reduce rail-related pedestrian, 
        motor vehicle, and other incidents, injuries, and fatalities, 
        and to improve 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 
                        dissemination 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 
                                behavior and trespassing around 
                                railroad right-of-way; and
                    ``(B) may include targeted and sustained outreach 
                in communities at greatest risk to develop measures to 
                reduce such risk.
            ``(3) Coordination.--Eligible entities shall coordinate 
        program activities with local communities, law enforcement and 
        emergency responders, and railroad 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 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 proximity 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 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. 4. 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, is amended by adding at the end the following:
``Sec. 20172. 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 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 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 railroad 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 20174.
            ``(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:

``20172. Time limit for blocking public highway-rail grade crossing.''.

SEC. 5. NATIONAL BLOCKED CROSSING DATABASE.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended by adding at 
the end the following:
``Sec. 20173. National blocked crossing database
    ``(a) Database.--Not later than 45 days after the date of enactment 
of this section, 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 this section, 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 20173.''.
    (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:

``20173. National blocked crossing database.''.

SEC. 6. 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 20173; 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 20173, 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.''.

SEC. 7. 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 Transportation shall expend 
such sums as are necessary to conduct a comprehensive review of the 
national highway-rail crossing inventory of the Department of 
Transportation established 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 geographical location data 
        contained in the inventory described in subsection (a) using 
        mapping technologies and other methods; and
            (2) notify the relevant railroad and State agencies of the 
        erroneous data in the inventory and require such entities to 
        correct the erroneous data within 30 days of notification.
    (c) State Reports.--The Secretary shall require State agencies to 
ensure that any geographic data contained in the inventory described in 
subsection (a) remains consistent with any geographic data identified 
in biennial State reports required under section 130 of title 23, 
United States Code.
    (d) Report.--Not later than 120 days after the completion of the 
review required under subsection (a), 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 summarizing the corrections made 
to the inventory described in subsection (a) and the Secretary's plans 
to ensure continued accuracy of such inventory.

SEC. 8. RAILROAD TRESPASSING ENFORCEMENT GRANTS.

    Section 22907 of title 49, United States Code, is further amended 
by adding at the end the following:
    ``(n) Railroad Trespassing Enforcement Grants.--
            ``(1) In general.--Of the amounts made available under this 
        section, the Secretary may make grants to public law 
        enforcement agencies engaged in, or seeking to engage in, 
        suicide prevention efforts along railroad right-of-way to pay 
        wages of law enforcement personnel to patrol railroad right-of-
        way located in communities at risk for rail trespassing 
        incidents and fatalities.
            ``(2) Prioritization.--In awarding grants under this 
        subsection, the Administrator shall give priority to 
        applications from entities that have jurisdiction within the 
        boundaries of the 10 States with the highest incidence of rail 
        trespass related casualties as reported in the previous fiscal 
        year, as reported by the National Rail Accident Incident 
        Reporting System.
            ``(3) Limitation.--The Secretary shall not award more than 
        3 annual grants under this subsection to the same entity.''.

SEC. 9. RAILROAD TRESPASSING SUICIDE PREVENTION GRANTS.

    Section 22907 of title 49, United States Code, is further amended 
by adding at the end the following:
    ``(o) Railroad Trespassing Suicide Grants.--
            ``(1) In general.--Of the amounts made available to carry 
        out this section, the Secretary may make grants to eligible 
        entities to implement a public outreach campaign to reduce the 
        number of railroad suicides.
            ``(2) Eligible entity.--In this subsection, the term 
        `eligible entity' means a nonprofit mental health organization 
        engaged in, or seeking to engage in, suicide prevention efforts 
        along railroad right-of-way in partnership with a railroad 
        carrier, as defined in section 20102.''.

SEC. 10. INCLUDING 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 include the number of 
suicides on a railroad crossing or railroad right-of-way in the total 
number of rail fatalities the Secretary reports each year.
    (b) Authority of the Secretary.--In carrying out subsection (a), 
the Secretary may require Federal, State, and local agencies, 
railroads, or other entities to submit such data as necessary.
    (c) Applicability of Rulemaking Requirements.--The requirements of 
section 553 of title 5, United States Code, shall not apply to the 
modification required by subsection (a).

SEC. 11. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Railroad Administration shall--
            (1) submit to Congress a report on any supplementary safety 
        measures and alternative safety measures not contained in part 
        222 of title 49, Code of Federal Regulations, that can be used 
        to qualify for a Quiet Zone or Partial Quiet Zone; and
            (2) include in the report submitted under paragraph (1)--
                    (A) a summary of the supplementary safety measures 
                and alternative safety measures for which a public 
                authority has requested approval from the Administrator 
                to implement; and
                    (B) an explanation for why such requests were not 
                granted.
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