[Congressional Record Volume 142, Number 22 (Friday, February 23, 1996)]
[Senate]
[Pages S1296-S1297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself and Mr. Lugar):
  S. 1572. A bill to amend title 23, United States Code, to provide 
funds and incentives for closures of rail-highway crossings, and for 
other purposes; to the Committee on Environment and Public Works.


                the railroad crossing safety act of 1996

 Mr. DeWINE. Mr. President, today I introduce legislation that 
would make America's railroad crossings a lot safer.
  According to the National Safety Council, over the past 4 years an 
average of 522 people have been killed each year in train-vehicle 
collisions. Last year, 37 of these deaths occurred in my own State of 
Ohio.
  Almost 50 percent of these accidents occur at crossings that are 
already equipped with active warning devices. Simply adding more 
warning devices, therefore, is not a complete solution to this problem.
  Some of these railroad crossings are just too dangerous. They are 
life threatening. They are not needed, and they ought to be closed.
  We all know, however, that people get accustomed to taking certain 
routes. And communities get used to certain traffic patterns. That's 
why it's sometimes difficult for localities to close these crossings, 
even when it's clear on safety grounds that a particular crossing must 
be closed.
  Clearly, the local communities need some help. That's the purpose of 
my legislation.
  Currently, the Federal Government pays 90 percent of the cost of 
closing a rail-highway grade crossing. But other grade crossing safety 
projects--such as traffic signs, guardrails, and traffic lights--are 
eligible for 100 percent Federal funding.
  The bill I am introducing today will make grade crossing closure 
projects eligible for that same 100-percent Federal funding. This will 
remove the current incentive against closure projects.
  If the safest thing to do is close a crossing, localities should have 
an incentive to do that.
  This bill does not involve new Federal money. The money for this bill 
is already allocated for crossing safety purposes--and all we are 
trying to do is deploy that money in the most rational and effective 
way.
  My bill will also provide up to $7,500 to a local highway authority 
for each crossing closed. Furthermore, the railroad that is operating 
the crossing will match this money.
  That means up to $15,000 for a local community--just to close a 
crossing.
  Obviously, this is just the beginning of a many-pronged assault on a 
major safety problem. We can't close every single crossing that might 
be dangerous. So we want to make certain that the remaining railroad 
crossings are as safe as possible.
  Last summer, I brought together Federal and State officials to see 
whether changes could be made to speed the process for dealing with 
unsafe railroad crossings.
  Previously, the installation of safety lights and gates followed a 
linear process--one step had to be completed before another was allowed 
to begin. we created a new, streamlined process that allows officials 
to identify hazardous crossings and to implement expedited safety 
measures.
  We eliminated the waiting periods between design, funding, and 
construction. The safety installation process used to take up to 2 
years--but with this new, streamlined process, we are hoping it will 
only take about 12 months. This new process is being tried on 31 
different sites throughout the State of Ohio.
  It is a very promising approach, and if it works in Ohio, it deserves 
to be extended all over America.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1572

       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 ``Railroad Crossing Safety Act 
     of 1996''.

     SEC. 2. FUNDS AND INCENTIVES FOR CLOSURES OF RAIL-HIGHWAY 
                   CROSSINGS.

       (a) Increase in Federal Share of Crossing Closures.--
     Section 120(c) of title 23, United States Code, is amended by 
     inserting ``rail-highway crossing closure,'' after 
     ``carpooling and vanpooling,''.
       (b) Incentive Payments for At-Grade Crossing Closures.--
     Section 130 of such title is amended by adding at the end the 
     following:
       ``(i) Incentive Payments for At-Grade Crossing Closures.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section and subject to paragraphs (2) and (3), a State 
     may, from sums available to the State under this section, 
     make incentive payments to local governments in the State 
     upon the permanent closure by such governments of public at-
     grade railway-highway crossings under the jurisdiction of 
     such governments.
       ``(2) Incentive payments by railroads.--A State may not 
     make an incentive payment under paragraph (1) to a local 
     government with respect to the closure of a crossing unless 
     the railroad owning the tracks on which the crossing is 
     located makes an incentive payment to the government with 
     respect to the closure.
       ``(3) Amount of state payment.--The amount of the incentive 
     payment payable to a local government by a State under 
     paragraph (1) with respect to a crossing may not exceed the 
     lesser of--
       ``(A) the amount of the incentive payment paid to the 
     government with respect to the crossing by the railroad 
     concerned under paragraph (2); or 
     
[[Page S1297]]

       ``(B) $7,500.
       ``(4) Use of state payments.--A local government receiving 
     an incentive payment from a State under paragraph (1) shall 
     use the amount of the incentive payment for transportation 
     safety improvements.''.

     SEC. 3. GUIDELINES FOR ANALYSIS OF COSTS AND BENEFITS OF NEW 
                   RAILWAY-HIGHWAY CROSSINGS.

       Not later than 18 months after the date of the enactment of 
     this Act, the Secretary of Transportation shall prescribe 
     guidelines to assist the States in analyzing the costs and 
     benefits to the public of new railway-highway grade 
     crossings. The purpose of the guidelines is to encourage 
     uniformity in the analysis of such costs and benefits by the 
     States.
                                 ______