To eliminate unsafe railway-road grade crossings, to enhance railroad safety through new safety technology, safety inspections, accident investigations, and for other purposes.

July 11, 2005

Mr. VITTER (for himself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To eliminate unsafe railway-road grade crossings, to enhance railroad safety through new safety technology, safety inspections, accident investigations, 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 `Railroad Safety Improvement Act of 2005'.

SEC. 2. 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`(ii) have insufficient or outdated protective equipment;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).'.

SEC. 3. PENALTIES FOR VIOLATING CROSSING SIGNS, SIGNALS, OR GATES.

(a) Prevention of Trespassing and Vandalism on Railroad Property- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall--

(1) analyze Federal, State, and local laws for preventing and responding to trespassing and vandalism on railroad property; and

(2) update model strategies to prevent such trespassing and vandalism.

(b) Model Legislation- Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, after consultation with States, units of local government, and railroad carriers shall develop and make available model legislation providing for civil and criminal penalties for individuals who violate grade crossing signs, signals, or gates.

SEC. 4. OPERATION LIFESAVER FUNDING.

Section 104(d)(1) of title 23, United States Code, is amended by striking `set aside' and all that follows and inserting the following: `set aside, to carry 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-road crossings--

`(1) $1,250,000 for fiscal year 2006;

`(2) $1,300,000 for fiscal year 2007;

`(3) $1,350,000 for fiscal year 2008;

`(4) $1,400,000 for fiscal year 2009; and

`(5) $1,460,000 for fiscal year 2010.'.

SEC. 5. 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.'.

SEC. 6. DEFINITION.

As used in this Act, and the amendments made by this Act, the term `highway' has the meaning given the term in section 101 of title 23, United States Code.

END