,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fbbc ,,in ,,the ,,house ,,of ,,representatives ,march #ab1 #bjbj,mr4 ,lipinski 7for himself1 ,mr4 ,cooper1 and ,mr4 ,carson of ,indiana7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend title #di1 ,united ,states ,code1 to address blocked crossings1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,don't ,b,lock ,our ,communities ,act or the ,d-,,bloc ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#b7 ,crossing ,the term crossing has the meaning given the term under section #bjafj of title #di1 ,united ,states ,code4 7#c7 ,blocked crossing ,the term blocked crossing means a circumstance in which a train1 railroad car1 or locomotive engine is stopped or is standing in a manner that obstructs public travel at a crossing4 7#d7 ,commuter authorities ,the term commuter authorities has the meaning given the term in section #bdajb of title #di1 ,united ,states ,code4 #c4 ,collection of data on blocked crossings and incorporation into the national highway-rail crossing inventory 7a7 ,in general ,section #bjafj of title #di1 ,united ,states ,code1 is amended to read as follows3 #bjafj4 ,national crossing inventory and blocked crossings 7a7 ,initial reporting of information about previously unreported crossings ,not later than #a year after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh or #f months after a new crossing becomes operational1 whichever occurs later1 each railroad carrier shall-- 7#a7 report to the ,secretary of ,transportation current information1 including information about warning devices and signage1 as specified by the ,secretary1 concerning each previously unreported crossing through which it operates with respect to the trackage over which it operates2 or 7#b7 ensure that the information has been reported to the ,secretary by another railroad carrier that operates through the crossing4 7b7 ,updating of crossing information 7#a7 ,monthly basis ,on a monthly period beginning not later than #a year after the date of enactment of the ,don't ,b,lock ,our ,communities ,act1 each railroad carrier shall report to the ,secretary information concerning each crossing through which it operates with respect to the trackage over which it operates1 including-- 7,a7 with respect to warning devices-- 7i7 the type of crossing warning device2 7ii7 the total number of crossing activations2 7iii7 whether any active warning devices1 including gates or flashing light signals1 are functioning properly2 7iv7 the timing of any repairs if such active warning devices are not functioning properly2 and 7v7 if a repair has been made1 the timing of when the active warning device was discovered to not function properly and when the repair was made2 7,b7 with respect to any crossing blocked for more than #aj minutes-- 7i7 the location of the blocked crossing1 including the ,department of ,transportation crossing identification and inventory numbers2 7ii7 the date of the blocked crossing2 7iii7 the time when the crossing was blocked2 7iv7 the duration of the blockage 7in minutes72 7v7 the cause for the blockage2 7vi7 the direction of the train2 7vii7 the length of the train1 amount of cars in the train consist1 and makeup of consist2 7viii7 whether a train was cut for each blockage and if not1 the reason it was not cut2 and 7ix7 train number1 symbol1 or other information as needed to identify the train2 and 7,c7 the status of operating protocols with any other railroad carrier whose operation could cause interference with that railroad carrier's operation4 7#b7 ,meeting the requirements ,a railroad carrier may meet the requirements of paragraph 7#a7 by ensuring that the information has been reported to the ,secretary by another railroad carrier that operates through the crossing4 7#c7 ,blocked crossing data form ,the ,secretary shall develop and require railroad carriers to use a separate blocked crossing data form when reporting the data required under subparagraph 7,b7 of paragraph 7#a74 7#d7 ,worker participation ,each railroad carrier shall check with the relevant railroad workers1 including signalmen1 conductors1 and engineers to ensure the information reported under paragraph 7#a7 is accurate4 7#e7 ,auditing ,the ,secretary may periodically audit the reports each railroad carrier submits under paragraph 7#a7 to ensure their accuracy4 ,the ,secretary shall have the authority to require any corrective action with respect to the information submitted if it finds the information submitted is inaccurate or false4 7#f7 ,selling a crossing ,a railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh shall1 not later than the date that is #ah months after the date of enactment of such ,act or #c months after the sale1 whichever occurs later1 or as otherwise specified by the ,secretary1 report to the ,secretary current information1 as specified by the ,secretary1 concerning the change in ownership of the crossing or part of the crossing4 7c7 ,incorporation of data into national highway-,rail crossing inventory 7#a7 ,incorporation ,the ,secretary shall on a quarterly basis incorporate the data collected on the blocked crossing data form developed under subsection 7b77#c7 into the national highway-rail crossing inventory4 7#b7 ,data file ,in carrying out paragraph 7#a71 the ,secretary shall ensure that the blocked crossing data form remains its own data file4 7#c7 ,searchable ,in carrying out paragraph 7#a71 the ,secretary shall ensure that the data is searchable by-- 7,a7 ,state2 7,b7 county2 7,c7 city2 7,d7 street2 7,e7 railroad2 7,f7 ,department of ,transportation grade crossing identification and inventory numbers2 7,g7 type of crossing2 7,h7 level of crossing protections2 7,i7 whether crossing protections were functioning properly2 7,j7 date of blocked crossing2 7,k7 cause of blocked crossing2 7,l7 duration crossing was blocked for 7in minutes72 and 7,m7 train number or symbol4 7#d7 ,existing data ,the ,secretary may draw on existing national highway-rail crossing inventory data to carry out paragraph 7#a7 and add any relevant data from such inventory to the new blocked crossing data file to effectively carry out this section4 7d7 ,rulemaking authority ,the ,secretary shall prescribe the regulations necessary to implement this section4 ,the ,secretary may enforce each provision of the ,department of ,transportation's statement of the national highway-rail crossing inventory policy1 procedures1 and instruction for ,states and railroads that was in effect on the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh and not superseded by the ,don't ,b,lock ,our ,communities ,act or a regulation issued under this section4 7e7 ,definitions ,in this section and in sections #bjafi and #bjagj3 7#a7 ,crossing ,the term crossing means a location within a ,state1 other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated1 where-- 7,a7 a public highway1 road1 or street1 or a private roadway1 including associated sidewalks and pathways1 crosses one or more railroad tracks either at grade or grade-separated2 or 7,b7 a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic1 including pedestrians1 bicyclists1 and others1 that is not associated with a public highway1 road1 or street1 or a private roadway1 crosses one or more railroad tracks either at grade or grade-separated4 7#b7 ,blocked crossing ,the term blocked crossing means a circumstance in which a train1 railroad car1 or engine is stopped or is standing in a manner that obstructs public travel at a crossing4 7#c7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 or the ,commonwealth of ,puerto ,rico4 4 7b7 ,conforming amendment ,the table of contents for chapter #bja of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #bjafj and inserting the following3 #bjafj4 ,national crossing inventory and blocked crossings4 4 #d4 ,establishment of #aj-minute time limit for blocking public grade crossings 7a7 ,in general ,chapter #bja of title #di1 ,united ,states ,code1 is further amended by adding at the end of subchapter ,,ii the following3 #bjafi4 ,time limit for blocking a rail crossing 7a7 ,time limit ,a train1 locomotive1 railroad car1 or other rail equipment is prohibited from blocking a crossing in excess of #aj minutes1 unless the train1 locomotive1 or other equipment is directly delayed by-- 7#a7 a casualty or serious injury2 7#b7 an accident2 7#c7 a track obstruction2 7#d7 an act of ,god2 or 7#e7 a derailment or a major equipment failure that prevents the train from advancing4 7b7 ,civil penalty authority for the ,secretary ,the ,secretary may issue civil penalties for violations of subsection 7a7 for each incident where a crossing is blocked by a standing train1 locomotive1 or rail equipment in accordance with the following3 7#a7 ,the minimum civil penalty for blocking a crossing for over #aj minutes shall be #a1jjj4 7#b7 ,the ,secretary shall establish additional1 escalating time intervals and escalating minimum civil penalties for blocked crossing violations in excess of #aj minutes4 7#c7 ,the maximum civil penalty for a single violation under paragraph 7#a7 or 7#b7 shall be #aj1jjj4 7#d7 ,the ,secretary shall have the discretion1 pursuant to section #e of this ,act1 to levy additional civil penalties or countermeasures for persistent or egregious instances of blocked crossings4 7c7 ,delegation ,the ,secretary may delegate enforcement actions under subsection 7b7 to ,states either through a ,state inspector certified ,state by the ,federal ,railroad ,administration1 or other law enforcement officials as designated by the ,states and approved by the ,administration4 ,the ,secretary shall issue guidance or regulations not later than #a year after the date of enactment of the ,d-,,bloc ,act on the criteria and process for law enforcement officials to gain approval under this section4 7d7 ,annual report ,the ,secretary shall report annually to ,congress on civil penalties issued pursuant to this section4 ,the ,secretary may collect such information as needed from the ,states to issue the report under this section4 ,the report shall include-- 7#a7 the rail operator in violation2 7#b7 the reason a fine was issued2 7#c7 the amount fined2 and 7#d7 the location and ,department of ,transportation grade crossing number where the violation occurred4 7e7 ,application to ,amtrak and commuter railroads ,this section shall not apply to ,amtrak or commuter authorities1 including ,amtrak and commuter authorities' operations run or dispatched by a ,class ,i railroad4 4 7b7 ,clerical amendment ,the table of contents for chapter #bja of title #di1 ,united ,states ,code1 is further amended by adding at the end the following new item3 #bjafi4 ,time limit for blocking a rail crossing4 4 #e4 ,establishment of a process for overseeing railroads that egregiously or persistently block crossings 7a7 ,in general ,chapter #bja of title #di1 ,united ,states ,code1 is further amended by adding at the end of subchapter ,,ii the following3 #bjagj4 ,process to address egregiously or persistently blocked crossings 7a7 ,in general ,not less than #a year after the enactment of this section1 the ,secretary shall issue regulations defining what is considered-- 7#a7 persistently blocking a crossing2 and 7#b7 egregiously blocking a crossing4 7b7 ,considerations ,in issuing the regulations under subsection 7a71 the ,secretary shall take into consideration-- 7#a7 the length of time a crossing is blocked for2 7#b7 the amount of times the carrier has blocked other crossings2 7#c7 the cause of such blocked crossings2 7#d7 the length of the train1 amount of cars in the train consist1 and makeup of consist2 7#e7 the extent to which the blocked crossing poses a public safety hazard2 7#f7 the extent to which the blocked crossing degrades the quality of life for the surrounding community2 7#g7 the level of cooperation and measures the carrier has taken to reduce the instances and impact of blocked crossings2 and 7#h7 any other factor the ,secretary considers necessary4 7c7 ,secretary authority ,the ,secretary may-- 7#a7 assess additional fines and requirements based upon part #bji of title #di1 ,code of ,federal ,regulations1 to effectively address and deter instances of persistently and_/or egregiously blocked crossings2 7#b7 require changes to operating practices1 including train length1 or procedures of a railroad1 including a systematic audit1 to reduce the instances of persistently and_/or egregiously blocked crossings by said railroad2 7#c7 require additional data reporting2 7#d7 assess additional monetary penalties or compensation2 and 7#e7 additional measures needed to reduce or eliminate instances of persistently and_/or egregiously blocked rail crossings4 7d7 ,regulatory authority ,the ,secretary may revise regulations as needed to enforce the provisions of this section4 7e7 ,limit on secretary authority ,nothing in this section shall be interpreted as allowing the ,secretary or a railroad to not comply with-- 7#a7 section #baajc or a regulation issued pursuant to such section2 and 7#b7 the ,railway ,labor ,act of #aibf 7#de ,u4,s4,c4 #aea et seq471 as amended4 7f7 ,application to amtrak and commuter railroads ,this section shall not apply to ,amtrak or commuter authorities1 including ,amtrak and commuter authorities' operations run or dispatched by a ,class ,i railroad4 4 7b7 ,clerical amendment ,the table of contents for chapter #bja of title #di1 ,united ,states ,code1 is further amended by adding at the end the following new item3 #bjagj4 ,process to address egregiously or persistently blocked crossings4 4 #f4 ,national strategy to address blocked crossings 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a national strategy on how the ,secretary plans to address blocked crossings4 ,the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives such strategy and publish such strategy publicly on the ,department of ,transportation's website4 7b7 ,public ,law #aaf-id ,the strategy required under subsection 7a7 shall incorporate the recommendations and briefing carried out pursuant to the provisions under the heading ,federal ,railroad ,administration--,safety and ,operations in the ,department of ,transportation ,appropriations ,act1 #bjbj 7,public ,law #aaf-id74 7c7 ,report contents ,the strategy required under subsection 7a7 shall include an analysis of the following topics1 including whether there are specific legislative or regulatory recommendations for each of the following3 7#a7 ,how best to engage the public1 representatives of labor organizations representing railroad employees1 law enforcement officers1 highway traffic officials1 or other employees of a public agency acting in an official capacity to identify and address blocked crossings4 7#b7 ,how current and future technology could be used to identify and address instances of blocked crossings1 including the data collected by each rail carrier's positive train control 7,,ptc7 system4 7#c7 ,how to identify and address instances of blocked crossings at crossings with only passive or no warning devices4 7#d7 ,whether rail carriers should be required to address credible reports1 as defined in section #bcd4e of title #di1 ,code of ,federal ,regulations1 of blocked crossings4 7#e7 ,how best to use the data collected under the web page established by the ,secretary for the public and law enforcement to report instances of blocked crossings1 including whether such data should be verified by each rail carrier or incorporated into the ,national ,crossing ,inventory4 7d7 ,authority ,to implement regulations ,if the ,secretary finds in the report required under subsection 7a7 additional regulatory changes that are warranted to alleviate or reduce the instances or impacts of blocked crossings1 the ,secretary may promulgate rulemakings to implement such changes4 7e7 ,limit on ,secretary authority ,nothing in this section shall be interpreted as allowing the ,secretary or a railroad to not comply with-- 7#a7 section #baajc or a regulation issued pursuant to such section2 or 7#b7 the ,railway ,labor ,act of #aibf 7#de ,u4,s4,c4 #aea et seq474 7f7 ,updating strategy ,the ,secretary shall update the strategy required by subsection 7a7 not less than every #d years4 #g4 ,railroad point of contact for blocked crossing matters ,section #bjaeb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c7 by striking or at the end2 7ii7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7iii7 by inserting the following after subparagraph 7,c7-- 7,d7 blocked crossings2 or 2 7,b7 in paragraph 7#d7 by striking and at the end2 7,c7 in paragraph 7#e7 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#f7 to promptly inform the ,secretary if the number required to be established under subsection 7a7 has changed and report the new number to the ,secretary4 2 and 7#b7 by adding at the end the following3 7c7 ,publication of telephone numbers ,the ,secretary shall make any telephone number established under subsection 7a7 publicly available on the website of the ,department of ,transportation in an easy to find location4 4