[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6223 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6223

 To amend title 49, United States Code, to address blocked crossings, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2020

   Mr. Lipinski (for himself, Mr. Cooper, and Mr. Carson of Indiana) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to address blocked crossings, 
                        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 ``Don't BLock Our Communities Act'' or 
the ``D-BLOC Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (2) Crossing.--The term ``crossing'' has the meaning given 
        the term under section 20160 of title 49, United States Code.
            (3) Blocked crossing.--The term ``blocked crossing'' means 
        a circumstance in which a train, railroad car, or locomotive 
        engine is stopped or is standing in a manner that obstructs 
        public travel at a crossing.
            (4) Commuter authorities.--The term ``commuter 
        authorities'' has the meaning given the term in section 24102 
        of title 49, United States Code.

SEC. 3. COLLECTION OF DATA ON BLOCKED CROSSINGS AND INCORPORATION INTO 
              THE NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.

    (a) In General.--Section 20160 of title 49, United States Code, is 
amended to read as follows:
``Sec. 20160. National crossing inventory and blocked crossings
    ``(a) Initial Reporting of Information About Previously Unreported 
Crossings.--Not later than 1 year after the date of enactment of the 
Rail Safety Improvement Act of 2008 or 6 months after a new crossing 
becomes operational, whichever occurs later, each railroad carrier 
shall--
            ``(1) report to the Secretary of Transportation current 
        information, including information about warning devices and 
        signage, as specified by the Secretary, concerning each 
        previously unreported crossing through which it operates with 
        respect to the trackage over which it operates; or
            ``(2) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing.
    ``(b) Updating of Crossing Information.--
            ``(1) Monthly basis.--On a monthly period beginning not 
        later than 1 year after the date of enactment of the Don't 
        BLock Our Communities Act, each railroad carrier shall report 
        to the Secretary information concerning each crossing through 
        which it operates with respect to the trackage over which it 
        operates, including--
                    ``(A) with respect to warning devices--
                            ``(i) the type of crossing warning device;
                            ``(ii) the total number of crossing 
                        activations;
                            ``(iii) whether any active warning devices, 
                        including gates or flashing light signals, are 
                        functioning properly;
                            ``(iv) the timing of any repairs if such 
                        active warning devices are not functioning 
                        properly; and
                            ``(v) if a repair has been made, the timing 
                        of when the active warning device was 
                        discovered to not function properly and when 
                        the repair was made;
                    ``(B) with respect to any crossing blocked for more 
                than 10 minutes--
                            ``(i) the location of the blocked crossing, 
                        including the Department of Transportation 
                        crossing identification and inventory numbers;
                            ``(ii) the date of the blocked crossing;
                            ``(iii) the time when the crossing was 
                        blocked;
                            ``(iv) the duration of the blockage (in 
                        minutes);
                            ``(v) the cause for the blockage;
                            ``(vi) the direction of the train;
                            ``(vii) the length of the train, amount of 
                        cars in the train consist, and makeup of 
                        consist;
                            ``(viii) whether a train was cut for each 
                        blockage and if not, the reason it was not cut; 
                        and
                            ``(ix) train number, symbol, or other 
                        information as needed to identify the train; 
                        and
                    ``(C) the status of operating protocols with any 
                other railroad carrier whose operation could cause 
                interference with that railroad carrier's operation.
            ``(2) Meeting the requirements.--A railroad carrier may 
        meet the requirements of paragraph (1) by ensuring that the 
        information has been reported to the Secretary by another 
        railroad carrier that operates through the crossing.
            ``(3) Blocked crossing data form.--The Secretary shall 
        develop and require railroad carriers to use a separate blocked 
        crossing data form when reporting the data required under 
        subparagraph (B) of paragraph (1).
            ``(4) Worker participation.--Each railroad carrier shall 
        check with the relevant railroad workers, including signalmen, 
        conductors, and engineers to ensure the information reported 
        under paragraph (1) is accurate.
            ``(5) Auditing.--The Secretary may periodically audit the 
        reports each railroad carrier submits under paragraph (1) to 
        ensure their accuracy. The Secretary shall have the authority 
        to require any corrective action with respect to the 
        information submitted if it finds the information submitted is 
        inaccurate or false.
            ``(6) Selling a crossing.--A railroad carrier that sells a 
        crossing or any part of a crossing on or after the date of 
        enactment of the Rail Safety Improvement Act of 2008 shall, not 
        later than the date that is 18 months after the date of 
        enactment of such Act or 3 months after the sale, whichever 
        occurs later, or as otherwise specified by the Secretary, 
        report to the Secretary current information, as specified by 
        the Secretary, concerning the change in ownership of the 
        crossing or part of the crossing.
    ``(c) Incorporation of Data Into National Highway-Rail Crossing 
Inventory.--
            ``(1) Incorporation.--The Secretary shall on a quarterly 
        basis incorporate the data collected on the blocked crossing 
        data form developed under subsection (b)(3) into the national 
        highway-rail crossing inventory.
            ``(2) Data file.--In carrying out paragraph (1), the 
        Secretary shall ensure that the blocked crossing data form 
        remains its own data file.
            ``(3) Searchable.--In carrying out paragraph (1), the 
        Secretary shall ensure that the data is searchable by--
                    ``(A) State;
                    ``(B) county;
                    ``(C) city;
                    ``(D) street;
                    ``(E) railroad;
                    ``(F) Department of Transportation grade crossing 
                identification and inventory numbers;
                    ``(G) type of crossing;
                    ``(H) level of crossing protections;
                    ``(I) whether crossing protections were functioning 
                properly;
                    ``(J) date of blocked crossing;
                    ``(K) cause of blocked crossing;
                    ``(L) duration crossing was blocked for (in 
                minutes); and
                    ``(M) train number or symbol.
            ``(4) Existing data.--The Secretary may draw on existing 
        national highway-rail crossing inventory data to carry out 
        paragraph (1) and add any relevant data from such inventory to 
        the new blocked crossing data file to effectively carry out 
        this section.
    ``(d) Rulemaking Authority.--The Secretary shall prescribe the 
regulations necessary to implement this section. The Secretary may 
enforce each provision of the Department of Transportation's statement 
of the national highway-rail crossing inventory policy, procedures, and 
instruction for States and railroads that was in effect on the date of 
enactment of the Rail Safety Improvement Act of 2008 and not superseded 
by the Don't BLock Our Communities Act or a regulation issued under 
this section.
    ``(e) Definitions.--In this section and in sections 20169 and 
20170:
            ``(1) Crossing.--The term `crossing' means a location 
        within a State, other than a location where one or more 
        railroad tracks cross one or more railroad tracks either at 
        grade or grade-separated, where--
                    ``(A) a public highway, road, or street, or a 
                private roadway, including associated sidewalks and 
                pathways, crosses one or more railroad tracks either at 
                grade or grade-separated; or
                    ``(B) a pathway explicitly authorized by a public 
                authority or a railroad carrier that is dedicated for 
                the use of nonvehicular traffic, including pedestrians, 
                bicyclists, and others, that is not associated with a 
                public highway, road, or street, or a private roadway, 
                crosses one or more railroad tracks either at grade or 
                grade-separated.
            ``(2) Blocked crossing.--The term `blocked crossing' means 
        a circumstance in which a train, railroad car, or engine is 
        stopped or is standing in a manner that obstructs public travel 
        at a crossing.
            ``(3) State.--The term `State' means a State of the United 
        States, the District of Columbia, or the Commonwealth of Puerto 
        Rico.''.
    (b) Conforming Amendment.--The table of contents for chapter 201 of 
title 49, United States Code, is amended by striking the item relating 
to section 20160 and inserting the following:

``20160. National crossing inventory and blocked crossings.''.

SEC. 4. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC GRADE 
              CROSSINGS.

    (a) In General.--Chapter 201 of title 49, United States Code, is 
further amended by adding at the end of subchapter II the following:
``Sec. 20169. Time limit for blocking a rail crossing
    ``(a) Time Limit.--A train, locomotive, railroad car, or other rail 
equipment is prohibited from blocking a crossing in excess of 10 
minutes, unless the train, locomotive, or other equipment is directly 
delayed by--
            ``(1) a casualty or serious injury;
            ``(2) an accident;
            ``(3) a track obstruction;
            ``(4) an act of God; or
            ``(5) a derailment or a major equipment failure that 
        prevents the train from advancing.
    ``(b) Civil Penalty Authority for the Secretary.--The Secretary may 
issue civil penalties for violations of subsection (a) for each 
incident where a crossing is blocked by a standing train, locomotive, 
or rail equipment in accordance with the following:
            ``(1) The minimum civil penalty for blocking a crossing for 
        over 10 minutes shall be $1,000.
            ``(2) The Secretary shall establish additional, escalating 
        time intervals and escalating minimum civil penalties for 
        blocked crossing violations in excess of 10 minutes.
            ``(3) The maximum civil penalty for a single violation 
        under paragraph (1) or (2) shall be $10,000.
            ``(4) The Secretary shall have the discretion, pursuant to 
        section 5 of this Act, to levy additional civil penalties or 
        countermeasures for persistent or egregious instances of 
        blocked crossings.
    ``(c) Delegation.--The Secretary may delegate enforcement actions 
under subsection (b) to States either through a State inspector 
certified State by the Federal Railroad Administration, or other law 
enforcement officials as designated by the States and approved by the 
Administration. The Secretary shall issue guidance or regulations not 
later than 1 year after the date of enactment of the D-BLOC Act on the 
criteria and process for law enforcement officials to gain approval 
under this section.
    ``(d) Annual Report.--The Secretary shall report annually to 
Congress on civil penalties issued pursuant to this section. The 
Secretary may collect such information as needed from the States to 
issue the report under this section. The report shall include--
            ``(1) the rail operator in violation;
            ``(2) the reason a fine was issued;
            ``(3) the amount fined; and
            ``(4) the location and Department of Transportation grade 
        crossing number where the violation occurred.
    ``(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.''.
    (b) Clerical Amendment.--The table of contents for chapter 201 of 
title 49, United States Code, is further amended by adding at the end 
the following new item:

``20169. Time limit for blocking a rail crossing.''.

SEC. 5. ESTABLISHMENT OF A PROCESS FOR OVERSEEING RAILROADS THAT 
              EGREGIOUSLY OR PERSISTENTLY BLOCK CROSSINGS.

    (a) In General.--Chapter 201 of title 49, United States Code, is 
further amended by adding at the end of subchapter II the following:
``Sec. 20170. Process to address egregiously or persistently blocked 
              crossings
    ``(a) In General.--Not less than 1 year after the enactment of this 
section, the Secretary shall issue regulations defining what is 
considered--
            ``(1) persistently blocking a crossing; and
            ``(2) egregiously blocking a crossing.
    ``(b) Considerations.--In issuing the regulations under subsection 
(a), the Secretary shall take into consideration--
            ``(1) the length of time a crossing is blocked for;
            ``(2) the amount of times the carrier has blocked other 
        crossings;
            ``(3) the cause of such blocked crossings;
            ``(4) the length of the train, amount of cars in the train 
        consist, and makeup of consist;
            ``(5) the extent to which the blocked crossing poses a 
        public safety hazard;
            ``(6) the extent to which the blocked crossing degrades the 
        quality of life for the surrounding community;
            ``(7) the level of cooperation and measures the carrier has 
        taken to reduce the instances and impact of blocked crossings; 
        and
            ``(8) any other factor the Secretary considers necessary.
    ``(c) Secretary Authority.--The Secretary may--
            ``(1) assess additional fines and requirements based upon 
        part 209 of title 49, Code of Federal Regulations, to 
        effectively address and deter instances of persistently and/or 
        egregiously blocked crossings;
            ``(2) require changes to operating practices, including 
        train length, or procedures of a railroad, including a 
        systematic audit, to reduce the instances of persistently and/
        or egregiously blocked crossings by said railroad;
            ``(3) require additional data reporting;
            ``(4) assess additional monetary penalties or compensation; 
        and
            ``(5) additional measures needed to reduce or eliminate 
        instances of persistently and/or egregiously blocked rail 
        crossings.
    ``(d) Regulatory Authority.--The Secretary may revise regulations 
as needed to enforce the provisions of this section.
    ``(e) Limit on Secretary Authority.--Nothing in this section shall 
be interpreted as allowing the Secretary or a railroad to not comply 
with--
            ``(1) section 21103 or a regulation issued pursuant to such 
        section; and
            ``(2) the Railway Labor Act of 1926 (45 U.S.C. 151 et 
        seq.), as amended.
    ``(f) 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.''.
    (b) Clerical Amendment.--The table of contents for chapter 201 of 
title 49, United States Code, is further amended by adding at the end 
the following new item:

``20170. Process to address egregiously or persistently blocked 
                            crossings.''.

SEC. 6. NATIONAL STRATEGY TO ADDRESS BLOCKED CROSSINGS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue a national strategy on how the 
Secretary plans to address blocked crossings. The Secretary shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives such strategy and publish such strategy 
publicly on the Department of Transportation's website.
    (b) Public Law 116-94.--The strategy required under subsection (a) 
shall incorporate the recommendations and briefing carried out pursuant 
to the provisions under the heading ``Federal Railroad Administration--
Safety and Operations'' in the Department of Transportation 
Appropriations Act, 2020 (Public Law 116-94).
    (c) Report Contents.--The strategy required under subsection (a) 
shall include an analysis of the following topics, including whether 
there are specific legislative or regulatory recommendations for each 
of the following:
            (1) How best to engage the public, representatives of labor 
        organizations representing railroad employees, law enforcement 
        officers, highway traffic officials, or other employees of a 
        public agency acting in an official capacity to identify and 
        address blocked crossings.
            (2) How current and future technology could be used to 
        identify and address instances of blocked crossings, including 
        the data collected by each rail carrier's positive train 
        control (PTC) system.
            (3) How to identify and address instances of blocked 
        crossings at crossings with only passive or no warning devices.
            (4) Whether rail carriers should be required to address 
        credible reports, as defined in section 234.5 of title 49, Code 
        of Federal Regulations, of blocked crossings.
            (5) How best to use the data collected under the web page 
        established by the Secretary for the public and law enforcement 
        to report instances of blocked crossings, including whether 
        such data should be verified by each rail carrier or 
        incorporated into the National Crossing Inventory.
    (d) Authority To Implement Regulations.--If the Secretary finds in 
the report required under subsection (a) additional regulatory changes 
that are warranted to alleviate or reduce the instances or impacts of 
blocked crossings, the Secretary may promulgate rulemakings to 
implement such changes.
    (e) Limit on Secretary Authority.--Nothing in this section shall be 
interpreted as allowing the Secretary or a railroad to not comply 
with--
            (1) section 21103 or a regulation issued pursuant to such 
        section; or
            (2) the Railway Labor Act of 1926 (45 U.S.C. 151 et seq.).
    (f) Updating Strategy.--The Secretary shall update the strategy 
required by subsection (a) not less than every 4 years.

SEC. 7. 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 crossings; or'';
                    (B) in paragraph (4) by striking ``and'' at the 
                end;
                    (C) in paragraph (5) by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(6) to promptly inform the Secretary if the number 
        required to be established under subsection (a) has changed and 
        report the new number to the Secretary.''; 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 in an easy 
to find location.''.
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