[Congressional Record Volume 141, Number 211 (Friday, December 29, 1995)]
[Senate]
[Pages S19308-S19310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR (for himself and Mr. Coats):
  S. 1512. A bill to amend title 23, United States Code, to improve 
safety at public railway-highway crossings, and for other purposes; to 
the Committee on Environment and Public Works.


 THE HIGHWAY RAIL GRADE CROSSING SAFETY FORMULA ENHANCEMENT ACT OF 1995

 Mr. LUGAR. Mr. President, today I am introducing the Highway 
Rail Grade Crossing Safety Formula Enhancement Act. This important 
legislation will provide a more effective method of targeting available 
Federal funds to enhance safety at our Nation's most dangerous highway 
rail grade crossings.
  In America today, several hundred people are killed and thousands 
more injured every year as a result of vehicle-train collisions at 
highway rail grade crossings. A significant number of these accidents 
occur in rail-intensive States such as Indiana, Illinois, Ohio, 
California, and Texas. One quarter of the Nation's 168,000 public 
highway rail grade crossings are located in these five States. They 
accounted for 38 percent of deaths and 32 percent of injuries caused by 
vehicle-train collisions nationwide during 1991-93.
  My home State of Indiana ranks sixth in the Nation for number of 
total grade crossings with 6,788, third in the Nation for grade 
crossing accidents with 263, and fifth for fatalities with 27. Last 
year, I traveled across northern Indiana aboard a QSX-500 locomotive 
and witnessed what engineers see every day--motorists darting across 
the railroad tracks before an oncoming train. From this experience, and 
from my work to improve safety at highway-rail grade crossings, I 
learned that engineering solutions, along with education and awareness 
about grade crossing safety are key strategies that can effectively 
prevent grade crossing accidents.
  Responding to this disturbing national trend, I began working with 
Transportation Secretary Federico Pena and with the Indiana Department 
of Transportation to address this serious safety problem. We worked to 
find solutions that would help Indiana and other States make better use 
of available funds to target the Nation's most dangerous rail 
crossings.
  The Federal Government has played an important role in helping States 
reduce accidents and fatalities at public rail-highway intersections 
since passage of the Highway Safety Act by Congress in 1973. This act 
created the Rail-Highway Crossing Program--also known as the section 
130 program. Since the program's inception, more than 28,000 
improvement projects have been undertaken--from installation of warning 
gates, lights, and bells, to pavement improvements and grade separation 
construction projects.
  During the 103d Congress, I introduced grade crossing safety 
legislation to restore States' discretion over millions of Federal 
highway dollars lost as a result of noncompliance with the Federal 
motorcycle helmet law. Indiana and other States affected by this law 
were prohibited from using a portion of their highway construction 
dollars to improve safety at highway rail grade crossings. While the 
Senate did not approve this legislation during the 103d Congress, I am 
pleased the Congress repealed the helmet law penalty this year as part 
of the National Highway System Designation legislation. Repeal of this 
Federal sanction allows States greater flexibility to use their Federal 
highway dollars for improvements at rail crossings, and for other 
transportation priorities.
  In March, 1994, Senator Coats and I asked the General Accounting 
Office to conduct a survey of rail safety programs in Indiana and other 
rail intensive States experiencing a high number of accidents at 
highway-rail grade crossings. Released this summer, the report--
``Railroad Safety: Status of Efforts to Improve Railroad Crossing 
Safety''--evaluated the best uses of limited Federal funds for rail 
crossing safety, reviewed policy changes that help State and local 
governments address rail safety issues, and recommended strategies to 
encourage interagency and intergovernmental cooperation.
  The report found that in addition to States' efforts to reduce 
accidents and fatalities through emphasis on education programs and 
engineering solutions, changes to the funding formulas to apportion 
highway funds among States would target Federal funds to areas of 
greatest risk.

[[Page S19309]]

  Under the Intermodal Surface Transportation Efficiency Act of 1991 
[ISTEA], the section 130 program was continued as part of the Surface 
Transportation Program [STP]. Under ISTEA, 10 percent of a State's 
apportioned STP funds are allocated to States for highway rail crossing 
improvement and hazard elimination projects.
  The GAO reported that key indicators of risk factors used to assess 
rail grade crossing safety in a State are not considered during the 
apportionment process. The GAO outlined the Federal Highway 
Administration's ongoing efforts to review options for STP formula 
changes that will adjust the current flat percentage allocation from a 
State's apportioned amount to account for these risk factors. Applying 
these factors to the funding formula creates a more targeted and 
focused process that maximizes the effectiveness of Federal funds.
  The risk factors criteria considered includes a State's share of the 
national total for number of public crossings, number of public 
crossings with passive warning devices, total number of accidents and 
total number of fatalities occurring as a result of vehicle-train 
collisions at highways rail grade crossings.
  For example, while Indiana received 3.4 percent of section 130 funds 
in fiscal year 1995, the Hoosier State experienced 6.1 percent of the 
Nation's accidents and 5.9 percent of the fatalities as a result of 
vehicle-train collisions from 1991-93. In addition, Indiana has 4 
percent of the Nation's public rail crossings: 6,788.
  Preliminary estimates of STP apportionments under this legislation 
indicate Indiana's share of section 130 funds could increase by 33 
percent, from the fiscal year 1995 level of $4.9 million to $6.6 
million. Overall, about 24 States would receive an increase in section 
130 funds for grade crossing improvements.
  The GAO cited similar statistical comparisons for Illinois, Ohio, and 
Texas.
  While the Indiana Department of transportation [INDOT] spent more 
than $10 million last year on improvements to highway rail grade 
crossings, a one-third increase in section 130 funds would allow INDOT 
and other State departments of transportation additional flexibility 
and resources to improve safety at dangerous rail crossings.
  The Formula Enhancement Act addresses the allocation problem by 
adjusting the funding formula for the STP to include a 5-percent 
apportionment of funds to States for the section 130 program based on a 
3-year average of these risk factors. The FHWA has been helpful in 
preparing this legislation, and I want to express my appreciation to 
them for their assistance.
  This legislation will help improve the way the Federal Government 
targets existing resources to enhance safety on our Nation's highways 
and along our rail corridors. This legislation does not call for new 
Federal spending, but rather for a more equitable and effective 
distribution of existing highway funds to States to enhance safety at 
dangerous highway rail grade crossings.

  I am introducing this measure today anticipating congressional 
consideration next year of a reauthorization bill to succeed the ISTEA 
which expires after fiscal year 1997. With the many changes occurring 
in the 104th Congress, it is unclear what direction the next highway 
authorization bill will take or what the Federal role will be in 
maintaining the national transportation infrastructure. I wanted to 
share with my colleagues my interest in ensuring that highway rail 
grade crossing safety will be a part of these deliberations. I am 
hopeful highway rail grade crossing safety improvement efforts will 
continue in rail intensive States and in other States where accidents 
and fatalities continue to occur a result of vehicle-train collisions.
  I am hopeful this legislation will reinforce the importance of 
highway rail grade crossing safety issues as the Congress moves forward 
with the national discussion of U.S. transportation policy for the 21st 
century. I believe continued emphasis on finding new and better ways to 
maximize existing resources that enhance safety at highway rail grade 
crossings will contribute to the overall effort in Congress and in the 
States to prevent accidents, save lives and sustain a balanced and 
effective transportation network for the Nation.
 Mr. COATS. Mr. President, the bill which Senator Lugar and I 
are introducing today will help correct a critical deficiency and help 
prevent senseless, tragic accidents at rail grade crossings.
  Indiana is one State which suffers from high numbers of accidents and 
deaths at railroad crossings. Rail transportation is important in 
Indiana, playing a key role in the State's agriculture and 
manufacturing economy. Much of the rail activity goes through northwest 
Indiana which accounts for 75 percent of the State's rail crossing 
accidents. In 1994, Indiana ranked third in the Nation with 263 rail 
crossing accidents, resulting in the deaths of 27 people; 6.1 percent 
of all rail crossing accidents in America took place in Indiana and 5.9 
percent of the fatalities occurred there.
  As Senator Lugar and I became aware that Indiana had a critical 
problem with rail accidents, we asked the General Accounting Office 
[GAO] to examine the safety conditions in States with a high 
concentration of rail crossings. When the GAO report was completed in 
August 1995, it revealed that although Indiana had a large number of 
rail crossings--6,700, the sixth largest number of all States--the 
State received only 3.4 percent of the Federal funding available 
specifically targeted to prevent such tragedies.
  The section 130 program was established in 1973 to help States reduce 
accidents, injuries, and fatalities at public railroad crossings. In 
the first 10 years of the program, accidents declined by 61 percent and 
deaths were reduced by 34 percent. Since 1985, however, there has been 
little progress made toward further reducing these numbers.
  The problem becomes apparent when you realize that many of the States 
with the highest concentration of crossings, number of accidents, and 
fatalities receive less money than States which do not have as great a 
need. Thus, the GAO concluded that the Federal Government should 
examine funding formulas and consider using risk factors in determining 
how to distribute section 130 highway dollars to States for rail safety 
purposes.
  The current formula funding--based on 10 percent of a State's surface 
transportation program [STP] funding--does not take into account such 
essential criteria as a State's total number of crossings, amount of 
train traffic, as well as the number of accidents and fatalities. I 
believe it is critical that these elements--risk factors--be 
considered in determining how much money a State should receive for 
rail safety.

  The formula enhancement bill corrects this flaw in the current 
funding formula. Based on the GAO report and working with the Federal 
Highway Administration, we have crafted legislation which changes the 
formula in way to ensure that States with the greatest risk receive 
more funding. This bill does not increase Federal spending in any way. 
Rather it ensures that current spending on rail safety under section 
130 is done more effectively. Specifically, it sets aside 5 percent of 
the total apportionment for surface transportation program funding and 
directs it to the States based on the total number of accidents, total 
number of fatalities, number of public railway highway crossings, and 
number of passive warning devices.
  Under this new formula, Indiana--which received $4.9 million in 
1995--could receive $6.6 million. Overall, 24 States would benefit from 
increased funding to help reduce rail crossing accidents.
  It is our goal to work with the Committee on Environment and Public 
Works to help ensure that this formula change is considered as part of 
Intermodal Surface Transportation Efficiency Act reauthorization when 
it occurs either next year or in 1997.
  Money alone will not solve all the problems related to rail crossing 
accidents. I support greater education programs such as Operation 
Lifesaver. Continued cooperation among all levels of government: local, 
State, and Federal is essential to stop these sort of tragedies. 
However, we should also ensure that a Federal program which was 
designed to help States with safety issues at rail crossings is 
targeted in a 

[[Page S19310]]
way which ensures the most effective use of these resources.
  It is time for us to direct this program where it has the best hope 
of making an impact and thus reduce the senseless accidents and tragic 
deaths at rail crossings.
                                 ______