[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2334 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2334
To improve safety at rail-highway grade crossings and railroad rights-
of-way, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28 (legislative day, July 20), 1994
Mr. Baucus (by request) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To improve safety at rail-highway grade crossings and railroad rights-
of-way, 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 ``Rail-Highway Grade Crossing Safety
Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) there are approximately 170,000 public and 110,000
private at-grade rail-highway crossings in the United States;
(2) during 1993, there were nearly 4,900 accidents at these
crossings;
(3) it is necessary to improve safety at our Nation's rail-
highway crossings and along rail rights-of-way;
(4) there are insufficient public funds to provide for the
installation of warning systems that are automatically
activated by approaching trains at all public crossings;
(5) many of the Nation's public rail-highway crossings are
unnecessary and should be closed;
(6) rail-highway crossing consolidation will reduce the
potential for rail-highway crossing collisions and will allow
States to concentrate on improving safety at the remaining
crossings;
(7) incentives are needed to encourage State and local
governments to increase the consolidation of rail-highway
crossings; and
(8) increased funding must be provided to educate motorists
in their responsibilities at crossings in order to realize the
full benefits from the public investment in rail-highway
crossing warning systems.
SEC. 3. RAIL-HIGHWAY GRADE CROSSING CLOSING PROGRAM.
(a) Section 120(c) of title 23, United States Code, is amended by
inserting ``rail-highway crossing closures,'' after ``vanpooling,''.
(b) Section 130 of title 23, United States Code, is amended by
relettering subsection (h) as (j) and adding new subsections (h) and
(i) to read as follows:
``(h) Incentive Funds for Closing Crossings.--
``(1) Subject to paragraph (2) of this subsection, any
State after adopting a policy requiring the review of the need
for all new public at-grade rail-highway crossings, may, in its
discretion, use the funds authorized under this section to
provide an incentive payment to a local jurisdiction of a
public at-grade crossing.
``(2) The incentive payments authorized by paragraph (1) of
this subsection may not exceed $7,500, provided that the funds
are matched by an equal payment from the railroad owning the
tracks on which the crossing is located.
``(3) The local jurisdiction receiving funds under this
subsection shall use the Federal funds portion of the incentive
payment for transportation safety improvements only.
``(i) Public Benefits and Costs Analyses.--Within 18 months after
the date of this Act, the Secretary shall establish guidelines to
enable States to determine the public benefits and costs resulting from
any new rail-highway grade crossing.''.
SEC. 4. OPERATION LIFESAVER.
Section 104(d)(1) of title 23, United States Code, is amended by
striking everything after ``Operation lifesaver.--'' and inserting in
lieu thereof the following: ``Before making an apportionment of funds
under subsection(b)(3) for a fiscal year, the Secretary shall set aside
$500,000 of the funds authorized to be appropriated for the surface
transportation program for such fiscal year for carrying out a public
information and education program to help prevent and reduce motor
vehicle accidents, injuries, and fatalities and to improve driver
performance at railway-highway crossings, and to help prevent
trespassing on rail rights-of-way and the resulting injuries and
fatalities, provided however, expenditure of any funds in excess of
$300,000 shall be contingent upon receipt of matching funds from non-
public sources.''.
SEC. 5. GRADE CROSSING CORRIDOR SAFETY INCENTIVE PROGRAM.
(a) Section 104 of title 23, United States Code, is amended by
adding a new paragraph (4) to subsection (d) to read as follows:
``(4) Grade crossing corridor safety inventive program.--
Before making an apportionment of funds under subsection (b)(3)
for a fiscal year, the Secretary shall set aside $15,000,000 of
the funds authorized to be appropriated for the surface
transportation program for such fiscal year to carry out a
program to provide a financial incentive to States that would
review and implement grade crossing safety improvements on a
corridor basis in accordance with section 130(k) of title 23,
United States Code.''.
(b) Section 130 of title 23, United States Code, is amended by
adding subsection (k) to read as follows:
``(k) Grade Crossing Corridor Safety Incentive Program.--
``(1) The Secretary shall carry out a program to provide an
additional financial incentive to States that would review and
implement grade crossing safety improvements in a corridor
basis. The financial incentive would be in addition to those
funds available in accordance with the preceding subsections.
``(2) Funds authorized to be appropriated to carry out his
subsection shall be available for obligation at the discretion
of the Secretary. The Secretary shall issue investment criteria
for approving projects under this section.
``(3) All provisions of chapter 1 of title 23, United
States Code, other than provisions relating to apportionment
formula and Federal share, shall apply to funds made available
to carry out this subsection. Funds authorized to be
appropriated to carry out this section shall remain available
until expended.''.
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