Railway-road grade crossings

(a)

Elimination of crossings

(1)

In general

Section 20134 of title 49, United States Code, is amended— (A)in subsection (a), by inserting and motorists at railroad grade crossings after rights of way; (B)by amending subsection (c) to read as follows:

(c)

Automated video image analysis pilot program

(1)The Secretary of Transportation, in consultation with the National Highway Traffic Safety Administration, shall establish a pilot program in the 5 States with the highest rates of collisions, injuries, and fatalities at highway-rail grade crossings that uses automated video image analysis technology to record violations by motorists at crossings equipped with automatic warning devices. (2)There are authorized to be appropriated such sums as may be necessary to carry out the program established under this paragraph (1).

; and

(C)by adding at the end the following:

(d)

Plan to eliminate highway-Rail grade crossings

(1)Not later than 1 year after the date of enactment of this subsection, the Secretary of Transportation, in consultation with appropriate transportation officials of States and units of local government with jurisdiction over highway-rail grade crossings, shall submit, to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a plan— (A)for annually eliminating highway-rail grade crossings in the United States that, as of the date of enactment of this subsection— (i)are considered by the Secretary of Transportation to pose a safety threat; and (ii)have insufficient or outdated protective equipment; (B)that includes guidelines for establishing new crossings, if necessary, through careful traffic, zoning, and land use planning; and (C)that includes an estimate of the cost to carry out subparagraph (A). (2)In determining the order for closing highway-rail grade crossings under the plan developed under paragraph (1), the Secretary shall give priority to crossings in States that are among the top 5 States in terms of— (A)the number of accidents at highway-rail grade crossings per mile of railroad tract; (B)the number of highway-rail grade crossings with insufficient or outdated protective equipment; or (C)the number of rail lines with a high volume of goods movement. (3)In developing the plan under paragraph (1), the Secretary shall consider— (A)the feasibility of closing and improving a group of highway-rail grade crossings in a single community; (B)the impact of closure on access by emergency vehicles; (C)traffic delays; (D)public inconvenience; and (E)the willingness of units of local government to participate in the elimination or consolidation of highway-rail grade crossings.

(2)

Report

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall update and reissue A Guide to Crossing Consolidation and Closure, which was originally published in July 1994. (b)

Grants to improve the safety of railway-Highway grade crossings

Section 130 of title 23, United States Code, is amended— (1)in subsection (d)— (A)by striking Each State and inserting the following:

(1)

In general

Each State

; and

(B)by adding at the end the following:

(2)

Federal safety review

Using information compiled by States under paragraph (1), the Secretary of Transportation shall conduct a comprehensive review of the safety of all public railway-highway grade crossings in the United States. The matters reviewed shall include security measures, safety conditions, past accidents, possible safety improvements, and any other factors that the Secretary considers relevant. (3)

Priority list

Based on the information collected from the review conducted under paragraph (2), the Secretary of Transportation shall compile, maintain, and submit to Congress a list of the 5,000 railway-highway grade crossings most in need of safety improvements, grouped based on relative need for such improvements.

;

(2)in subsection (f)— (A)by striking and 50 and inserting 25; and (B)by striking States. and inserting States, and 25 percent of such funds shall be apportioned to the States in the ratio that total highway and rail traffic through railway-highway crossings in each State bears to the total of such traffic in all States.; (3)in subsection (i)(3)(B), by striking $7,500 and inserting $15,000; (4)by redesignating subsection (j) as subsection (k); and (5)by inserting after subsection (i) the following:

(j)

Railway-Highway grade crossing safety improvement grants

(1)

Grants authorized

The Secretary of Transportation may award grants to States to make necessary safety improvements to the railway-highway grade crossings identified under subsection (d)(3). (2)

Prioritization

In awarding grants under this subsection, the Secretary shall— (A)give priority to projects to install automated warning systems at railway-highway grade crossings in States with the highest number of accidents at such crossings; and (B)strive to reduce the number of railway-highway grade crossings without automated warning systems by not less than 50 percent. (3)

Application

Each State desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (4)

Matching requirement

The Secretary may not award a grant to a State under this subsection unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program for which the grant was awarded, the State will make available non-Federal contributions in an amount equal to not less than $1 for every $9 of Federal financial assistance provided under the grant.

(c)

Funding

Section 104(d) of title 23, United States Code, is amended— (1)by amending the subsection header to read as follows:

Funds reserved for improving safety at railway-Highway crossings

; (2)by adding at the end the following:

(3)

Railway-road grade crossing safety improvements

Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $178,000,000 of the funds made available for the surface transportation program for the fiscal year for grants under section 130(j).

Inspections and investigations

(a)

Annual inspections

Section 20107 of title 49, United States Code, is amended by adding at the end the following:

(c)

Annual inspections

The Secretary of Transportation, acting through the Administrator of the Federal Railroad Administration, shall, physically inspect, on an annual basis, not less than 2 percent of all highway-rail grade crossings in the 10 States with the highest rates of collisions at such crossings during the 3-year period ending on the date of enactment of this Act.

(b)

Accident investigations

Section 20902 of title 49, United States Code, is amended— (1)by redesignating subsection (c) as subsection (d); and (2)by inserting after subsection (b) the following:

(c)

Investigation of fatal accidents

(1)

In general

The Secretary of Transportation, acting through the Administrator of the Federal Railroad Administration, shall conduct an investigation of— (A)all fatal accidents in the United States during the 1-year period ending on the date of enactment of this subsection; and (B)any fatal railroad accident occurring in the United States on or after the date of enactment of this subsection. (2)

Report to congress

Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress on the results of the investigations conducted under paragraph (1) during the 1-year period ending on the date of enactment of this Act and during each successive 1-year period.