Almost half of all rail-related deaths in the United States are the result of collisions of trains and vehicles at railroad crossings. In 1993, these collisions killed 517 people and injured 1,677 at public railroad crossings. Many of the deaths should have been avoided, since nearly one-half of all railroad crossing deaths occurred at crossings where flashing lights or flashing lights and descending gates warned motorists of the approaching train. The Highway Safety Act of 1973 proved to be pivotal in rail-highway crossing safety because it led to establishment of the Rail-Highway Crossing Program (also known as the section 130 program). The goal of this program is to provide federal support for the states’ efforts to reduce the incidence of accidents, injuries, and fatalities at public railroad crossings. The potential for railroad crossing problems is significant—the United States has over 168,000 public highway-rail intersections on approximately 160,000 miles of rail rights-of-way. The level of warning provided motorists at these crossings differs widely—from no visible warning devices to active devices such as lights and gates. According to the Department of Transportation (DOT), the very existence of these crossings poses a major challenge to growing rail traffic and higher speeds for both passenger and freight rail operations. To deal with these problems, the states can use funds they receive under the section 130 program to improve railroad crossings using a variety of methods. They can separate railroad crossings by building overpasses and underpasses, install passive (crossbucks or surface markings) or active (flashing lights and gates) warning devices, or improve the pavement surface. Since the Rail-Highway Crossing Program began, states have undertaken more than 28,600 improvement projects—primarily by installing signs and markings, flashing light signals, and automatic gates and improving crossing surfaces. In addition, there are about 35,000 grade separations—bridges with the roadway above or below the railroad—located on public crossings. According to the Federal Railroad Administration (FRA), the basic levels of safety devices in the order of their increasing effectiveness are passive warning devices, automatic flashing lights, automatic flashing lights with gates, and grade separations (underpass/overpass). As shown in figure 1.1, about 60 percent of all public crossings in the United States have only passive warning signs—typically highway signs known as “crossbucks.” Other passive warnings include familiar traffic signs, such as the stop sign. In contrast, about 35 percent of all crossings have active warning signals—flashing lights and gates activated by the approach of a train. National statistics do not fully reflect the variations found across the nation because states can differ widely in the type of warning typically found at crossings. For example, as of October 1994, 63 percent of the crossings in New York had active signals while 79 percent of the crossings in Kansas had passive signs. Railroad crossing safety demands considerable cooperation among federal, state and local agencies; railroads; and private organizations. At the federal level, three DOT agencies are responsible for railroad crossing safety: the Federal Highway Administration (FHWA) administers the section 130 program; FRA is responsible for overseeing railroad safety; and the National Highway Traffic Safety Administration (NHTSA) funds highway education programs designed to influence driving behavior. State and local governments have significant roles in planning, selecting, and engineering safety projects, while the railroads perform much of the actual construction. In addition, Operation Lifesaver, a private organization made up of 49 state chapters, is a leader in safety education efforts. Public and private funds support railroad crossing improvements. In 1994, the federal government obligated about $311 million to construct improvements to railroad crossings. The railroad industry contributed an additional $146 million for railroad crossing improvements and maintenance. DOT’s four surface transportation agencies—FHWA, FRA, NHTSA, and the Federal Transit Administration (FTA)—all have roles in improving railroad crossing safety. FHWA administers the section 130 program—the federal government’s primary source of funding for railroad crossing safety. The program provides all states with railroad crossing funds as part of a 10-percent set-aside of their Surface Transportation Program (STP) funds. FHWA also administers funds that the Congress appropriates for specific railroad crossing elimination projects. In 1994, the states obligated a total of about $311 million from section 130 and other federal aid programs for railroad crossing safety projects. FRA is not directly involved in funding railroad crossing improvement projects, but it has an important role in maintaining the only nationwide inventory of railroad crossings—an inventory that the states use to plan their section 130 programs. FRA also collects accident data that railroads submit to serve as the basis for assessing the overall level of rail crossing safety nationwide. During 1994, FRA hired a railroad crossing manager in each of its eight regional offices to promote railroad crossings safety, coordinate with federal, state, and local officials; and educate the public on safety issues. These managers expand FRA’s traditional role as an agency responsible for regulating the safe operation of the railroads. NHTSA is involved in rail crossing safety through its State and Community Highway Safety Grant Program (also known as the section 402 program). Begun pursuant to the Highway Safety Act of 1966, the program provides funds to states for innovative programs aimed at reducing highway crashes, injuries, and fatalities. The states apply to NHTSA for grants through their Highway Safety Plans, which identify the states’ key highway safety problems and specific approaches to address these problems. The section 402 program also promotes safety through nine national priority program areas—Occupant Protection, Alcohol and Other Drug Countermeasures, Police Traffic Services, Emergency Medical Services, Traffic Records, Motorcycle Safety, Speed Control, Pedestrian and Bicycle Safety, and Roadway Safety. NHTSA is responsible for six of these priority programs, while FHWA oversees the Roadway Safety program. FHWA and NHTSA jointly oversee the Pedestrian and Bicycle Safety program and the Speed Control program. FTA, which carries out the federal mandate to improve public mass transportation, is the principal source of federal financial assistance to communities for planning, developing, and improving public transportation systems. FTA’s safety program is designed to support state and local agencies in fulfilling their responsibility for the safety and security of urban mass transportation facilities and services. FTA’s role in DOT’s action plan is to review light rail safety statistics and conduct investigations of warning systems at light rail crossings. The states are key players in making decisions about which railroad crossings to improve and what level of protection is needed. Under the section 130 program, the states are responsible for planning and setting priorities for railroad crossing projects. They also enforce state highway safety laws. FHWA’s regulations also require each state to develop a system that ranks each of its public railroad crossings by its potential accident risk. The priorities in the railroad crossing list enable the states to decide how best to spend available railroad crossing improvement dollars. The states and localities are also important financial contributors to railroad crossing safety. For example, states such as California and Illinois fund crossing improvement projects with state funds alone. While FHWA does not collect annual national statistics on the states’ expenditures for railroad crossings improvements, a 1989 FHWA report estimated that the states and localities spend about $184 million each year for crossing safety. The section 130 program also requires 10 percent in local matching funds when improvements are made at the crossing. However, projects to install active and passive warning devices are eligible for 100 percent federal funding. Railroads and private organizations play an important role in improving railroad crossing safety. The states generally contract with railroads to construct crossing improvements, particularly if the improvement requires the installation of gates and signals. The lights and gates found at crossings are typically on railroad property, and the maintenance of these highway traffic warning devices is the railroads’ responsibility. Based on an estimate from the Association of American Railroads (AAR) and 1993 data from the Interstate Commerce Commission, the major railroads spend about $146 million annually on railroad crossings—about $89 million for improvements and $57 million for operation and maintenance. Railroad crossing safety is a particular concern of the railroads because highway-rail collisions and trespassing on rail properties are the first and second leading causes of death in the entire railroad industry—surpassing employee or passenger fatalities. In addition, recent court decisions raised the railroads’ concerns about their legal liability when people are killed or injured at crossings. Private efforts raise public awareness of railroad crossing safety through education and safety campaigns. Prominent among these efforts is Operation Lifesaver, Incorporated, a private, not-for-profit organization supported by federal and railroad funds and dedicated to improving safety through education and improved law enforcement. Operation Lifesaver programs are currently operating in 49 states. The organization’s Alexandria, Virginia, headquarters functions as a support and referral center and an information clearinghouse for the independent state programs. The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 authorized $300,000 for Operation Lifesaver’s headquarters for each fiscal year from 1992 to 1997. For fiscal year 1995, the Congress appropriated $300,000 for Operation Lifesaver. In addition, according to DOT officials, FHWA and FRA provided the organization an additional $100,000 and $150,000, respectively. The states’ Operation Lifesaver programs are funded separately, either by states or railroads. In response to continuing problems at railroad crossings, DOT issued a Rail-Highway Crossing Action Plan in June 1994. The plan established a national goal of reducing crossing accidents and fatalities by 50 percent from 1994 to 2004. The plan illustrates that responsibility for railroad crossing safety requires a partnership among federal, state, and local governments as well as with the railroads and private, nonprofit organizations. Concerned about the increase in railroad crossing accidents in Indiana, Senators Richard G. Lugar and Dan Coats asked us to examine the status of railroad crossing safety nationwide.