D-BLOC Act

I 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) intro- duced the following bill; which was referred to the Committee on Trans- portation 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Don’t BLock Our 4 Communities Act’’ or the ‘‘D-BLOC Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of Transportation. 9 VerDate Sep 11 2014 20:57 Apr 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 2 •HR 6223 IH (2) CROSSING.—The term ‘‘crossing’’ has the 1 meaning given the term under section 20160 of title 2 49, United States Code. 3 (3) BLOCKED CROSSING.—The term ‘‘blocked 4 crossing’’ means a circumstance in which a train, 5 railroad car, or locomotive engine is stopped or is 6 standing in a manner that obstructs public travel at 7 a crossing. 8 (4) COMMUTER AUTHORITIES.—The term 9 ‘‘commuter authorities’’ has the meaning given the 10 term in section 24102 of title 49, United States 11 Code. 12 SEC. 3. COLLECTION OF DATA ON BLOCKED CROSSINGS 13 AND INCORPORATION INTO THE NATIONAL 14 HIGHWAY-RAIL CROSSING INVENTORY. 15 (a) IN GENERAL.—Section 20160 of title 49, United 16 States Code, is amended to read as follows: 17 ‘‘§ 20160. National crossing inventory and blocked 18 crossings 19 ‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT 20 PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 21 1 year after the date of enactment of the Rail Safety Im- 22 provement Act of 2008 or 6 months after a new crossing 23 becomes operational, whichever occurs later, each railroad 24 carrier shall— 25 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 3 •HR 6223 IH ‘‘(1) report to the Secretary of Transportation 1 current information, including information about 2 warning devices and signage, as specified by the Sec- 3 retary, concerning each previously unreported cross- 4 ing through which it operates with respect to the 5 trackage over which it operates; or 6 ‘‘(2) ensure that the information has been re- 7 ported to the Secretary by another railroad carrier 8 that operates through the crossing. 9 ‘‘(b) UPDATING OF CROSSING INFORMATION.— 10 ‘‘(1) MONTHLY BASIS.—On a monthly period 11 beginning not later than 1 year after the date of en- 12 actment of the Don’t BLock Our Communities Act, 13 each railroad carrier shall report to the Secretary in- 14 formation concerning each crossing through which it 15 operates with respect to the trackage over which it 16 operates, including— 17 ‘‘(A) with respect to warning devices— 18 ‘‘(i) the type of crossing warning de- 19 vice; 20 ‘‘(ii) the total number of crossing acti- 21 vations; 22 ‘‘(iii) whether any active warning de- 23 vices, including gates or flashing light sig- 24 nals, are functioning properly; 25 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 4 •HR 6223 IH ‘‘(iv) the timing of any repairs if such 1 active warning devices are not functioning 2 properly; and 3 ‘‘(v) if a repair has been made, the 4 timing of when the active warning device 5 was discovered to not function properly 6 and when the repair was made; 7 ‘‘(B) with respect to any crossing blocked 8 for more than 10 minutes— 9 ‘‘(i) the location of the blocked cross- 10 ing, including the Department of Trans- 11 portation crossing identification and inven- 12 tory numbers; 13 ‘‘(ii) the date of the blocked crossing; 14 ‘‘(iii) the time when the crossing was 15 blocked; 16 ‘‘(iv) the duration of the blockage (in 17 minutes); 18 ‘‘(v) the cause for the blockage; 19 ‘‘(vi) the direction of the train; 20 ‘‘(vii) the length of the train, amount 21 of cars in the train consist, and makeup of 22 consist; 23 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 5 •HR 6223 IH ‘‘(viii) whether a train was cut for 1 each blockage and if not, the reason it was 2 not cut; and 3 ‘‘(ix) train number, symbol, or other 4 information as needed to identify the train; 5 and 6 ‘‘(C) the status of operating protocols with 7 any other railroad carrier whose operation could 8 cause interference with that railroad carrier’s 9 operation. 10 ‘‘(2) MEETING THE REQUIREMENTS.—A rail- 11 road carrier may meet the requirements of para- 12 graph (1) by ensuring that the information has been 13 reported to the Secretary by another railroad carrier 14 that operates through the crossing. 15 ‘‘(3) BLOCKED CROSSING DATA FORM.—The 16 Secretary shall develop and require railroad carriers 17 to use a separate blocked crossing data form when 18 reporting the data required under subparagraph (B) 19 of paragraph (1). 20 ‘‘(4) WORKER PARTICIPATION.—Each railroad 21 carrier shall check with the relevant railroad work- 22 ers, including signalmen, conductors, and engineers 23 to ensure the information reported under paragraph 24 (1) is accurate. 25 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 6 •HR 6223 IH ‘‘(5) AUDITING.—The Secretary may periodi- 1 cally audit the reports each railroad carrier submits 2 under paragraph (1) to ensure their accuracy. The 3 Secretary shall have the authority to require any 4 corrective action with respect to the information sub- 5 mitted if it finds the information submitted is inac- 6 curate or false. 7 ‘‘(6) SELLING A CROSSING.—A railroad carrier 8 that sells a crossing or any part of a crossing on or 9 after the date of enactment of the Rail Safety Im- 10 provement Act of 2008 shall, not later than the date 11 that is 18 months after the date of enactment of 12 such Act or 3 months after the sale, whichever oc- 13 curs later, or as otherwise specified by the Secretary, 14 report to the Secretary current information, as spec- 15 ified by the Secretary, concerning the change in 16 ownership of the crossing or part of the crossing. 17 ‘‘(c) INCORPORATION OF DATA INTO NATIONAL 18 HIGHWAY-RAIL CROSSING INVENTORY.— 19 ‘‘(1) INCORPORATION.—The Secretary shall on 20 a quarterly basis incorporate the data collected on 21 the blocked crossing data form developed under sub- 22 section (b)(3) into the national highway-rail crossing 23 inventory. 24 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 7 •HR 6223 IH ‘‘(2) DATA FILE.—In carrying out paragraph 1 (1), the Secretary shall ensure that the blocked 2 crossing data form remains its own data file. 3 ‘‘(3) SEARCHABLE.—In carrying out paragraph 4 (1), the Secretary shall ensure that the data is 5 searchable by— 6 ‘‘(A) State; 7 ‘‘(B) county; 8 ‘‘(C) city; 9 ‘‘(D) street; 10 ‘‘(E) railroad; 11 ‘‘(F) Department of Transportation grade 12 crossing identification and inventory numbers; 13 ‘‘(G) type of crossing; 14 ‘‘(H) level of crossing protections; 15 ‘‘(I) whether crossing protections were 16 functioning properly; 17 ‘‘(J) date of blocked crossing; 18 ‘‘(K) cause of blocked crossing; 19 ‘‘(L) duration crossing was blocked for (in 20 minutes); and 21 ‘‘(M) train number or symbol. 22 ‘‘(4) EXISTING DATA.—The Secretary may 23 draw on existing national highway-rail crossing in- 24 ventory data to carry out paragraph (1) and add any 25 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 8 •HR 6223 IH relevant data from such inventory to the new 1 blocked crossing data file to effectively carry out this 2 section. 3 ‘‘(d) RULEMAKING AUTHORITY.—The Secretary shall 4 prescribe the regulations necessary to implement this sec- 5 tion. The Secretary may enforce each provision of the De- 6 partment of Transportation’s statement of the national 7 highway-rail crossing inventory policy, procedures, and in- 8 struction for States and railroads that was in effect on 9 the date of enactment of the Rail Safety Improvement Act 10 of 2008 and not superseded by the Don’t BLock Our 11 Communities Act or a regulation issued under this section. 12 ‘‘(e) DEFINITIONS.—In this section and in sections 13 20169 and 20170: 14 ‘‘(1) CROSSING.—The term ‘crossing’ means a 15 location within a State, other than a location where 16 one or more railroad tracks cross one or more rail- 17 road tracks either at grade or grade-separated, 18 where— 19 ‘‘(A) a public highway, road, or street, or 20 a private roadway, including associated side- 21 walks and pathways, crosses one or more rail- 22 road tracks either at grade or grade-separated; 23 or 24 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 9 •HR 6223 IH ‘‘(B) a pathway explicitly authorized by a 1 public authority or a railroad carrier that is 2 dedicated for the use of nonvehicular traffic, in- 3 cluding pedestrians, bicyclists, and others, that 4 is not associated with a public highway, road, 5 or street, or a private roadway, crosses one or 6 more railroad tracks either at grade or grade- 7 separated. 8 ‘‘(2) BLOCKED CROSSING.—The term ‘blocked 9 crossing’ means a circumstance in which a train, 10 railroad car, or engine is stopped or is standing in 11 a manner that obstructs public travel at a crossing. 12 ‘‘(3) STATE.—The term ‘State’ means a State 13 of the United States, the District of Columbia, or 14 the Commonwealth of Puerto Rico.’’. 15 (b) CONFORMING AMENDMENT.—The table of con- 16 tents for chapter 201 of title 49, United States Code, is 17 amended by striking the item relating to section 20160 18 and inserting the following: 19 ‘‘20160. National crossing inventory and blocked crossings.’’. SEC. 4. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 20 BLOCKING PUBLIC GRADE CROSSINGS. 21 (a) IN GENERAL.—Chapter 201 of title 49, United 22 States Code, is further amended by adding at the end of 23 subchapter II the following: 24 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 10 •HR 6223 IH ‘‘§ 20169. Time limit for blocking a rail crossing 1 ‘‘(a) TIME LIMIT.—A train, locomotive, railroad car, 2 or other rail equipment is prohibited from blocking a 3 crossing in excess of 10 minutes, unless the train, loco- 4 motive, or other equipment is directly delayed by— 5 ‘‘(1) a casualty or serious injury; 6 ‘‘(2) an accident; 7 ‘‘(3) a track obstruction; 8 ‘‘(4) an act of God; or 9 ‘‘(5) a derailment or a major equipment failure 10 that prevents the train from advancing. 11 ‘‘(b) CIVIL PENALTY AUTHORITY FOR THE SEC- 12 RETARY.—The Secretary may issue civil penalties for vio- 13 lations of subsection (a) for each incident where a crossing 14 is blocked by a standing train, locomotive, or rail equip- 15 ment in accordance with the following: 16 ‘‘(1) The minimum civil penalty for blocking a 17 crossing for over 10 minutes shall be $1,000. 18 ‘‘(2) The Secretary shall establish additional, 19 escalating time intervals and escalating minimum 20 civil penalties for blocked crossing violations in ex- 21 cess of 10 minutes. 22 ‘‘(3) The maximum civil penalty for a single 23 violation under paragraph (1) or (2) shall be 24 $10,000. 25 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 11 •HR 6223 IH ‘‘(4) The Secretary shall have the discretion, 1 pursuant to section 5 of this Act, to levy additional 2 civil penalties or countermeasures for persistent or 3 egregious instances of blocked crossings. 4 ‘‘(c) DELEGATION.—The Secretary may delegate en- 5 forcement actions under subsection (b) to States either 6 through a State inspector certified State by the Federal 7 Railroad Administration, or other law enforcement offi- 8 cials as designated by the States and approved by the Ad- 9 ministration. The Secretary shall issue guidance or regula- 10 tions not later than 1 year after the date of enactment 11 of the D-BLOC Act on the criteria and process for law 12 enforcement officials to gain approval under this section. 13 ‘‘(d) ANNUAL REPORT.—The Secretary shall report 14 annually to Congress on civil penalties issued pursuant to 15 this section. The Secretary may collect such information 16 as needed from the States to issue the report under this 17 section. The report shall include— 18 ‘‘(1) the rail operator in violation; 19 ‘‘(2) the reason a fine was issued; 20 ‘‘(3) the amount fined; and 21 ‘‘(4) the location and Department of Transpor- 22 tation grade crossing number where the violation oc- 23 curred. 24 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6223 tkelley on DSKBCP9HB2PROD with BILLS 12 •HR 6223 IH ‘‘(e) APPLICATION TO AMTRAK AND COMMUTER 1 RAILROADS.—This section shall not apply to Amtrak or 2 commuter authorities, including Amtrak and commuter 3 authorities’ operations run or dispatched by a Class I rail- 4 road.’’. 5 (b) CLERICAL AMENDMENT.—The table of contents 6 for chapter 201 of title 49, United States Code, is further 7 amended by adding at the end the following new item: 8 ‘‘20169. Time limit for blocking a rail crossing.’’. SEC. 5. ESTABLISHMENT OF A PROCESS FOR OVERSEEING 9 RAILROADS THAT EGREGIOUSLY OR PER- 10 SISTENTLY BLOCK CROSSINGS. 11 (a) IN GENERAL.—Chapter 201 of title 49, United 12 States Code, is further amended by adding at the end of 13 subchapter II the following: 14 ‘‘§ 20170. Process to address egregiously or persist- 15 ently blocked crossings 16 ‘‘(a) IN GENERAL.—Not less than 1 year after the 17 enactment of this section, the Secretary shall issue regula- 18 tions defining what is considered— 19 ‘‘(1) persistently blocking a crossing; and 20 ‘‘(2) egregiously blocking a crossing. 21 ‘‘(b) CONSIDERATIONS.—In issuing the regulations 22 under subsection (a), the Secretary shall take into consid- 23 eration— 24 VerDate Sep 11 2014 04:23 Mar 25, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6223.IH H6 [Text truncated for display. Full text available on Congress.gov.]