; and (B) for which rail carrier and project funding from all parties has been budgeted. (5) Considerations In determining civil penalties under this section, the Secretary shall consider increased penalties in a case in which a pattern of the blocked crossing incidents continue to cause delays to State or local emergency services. (e) Application to Amtrak and commuter railroads This section shall not apply to Amtrak or commuter authorities, including Amtrak and commuter authorities’ operations run or dispatched by a Class I railroad. (f) Definitions In this section: (1) Blocked crossing database The term blocked crossing database means the national blocked crossing database established under section 20173. (2) Blocked crossing incident The term blocked crossing incident means a circumstance in which a train, locomotive, rail car, or other rail equipment is stopped in a manner that obstructs travel at a public highway-rail grade crossing. (3) Public highway-rail grade crossing The term public highway-rail grade crossing means a location within a State in which a public highway, road, or street, including associated sidewalks and pathways, crosses 1 or more railroad tracks at grade. . (b) Clerical amendment The analysis for subchapter II of chapter 201 of title 49, United States Code, is further amended by adding at the end the following new item: 20172. Time limit for blocking public highway-rail grade crossing. . 3. Blocked crossing portal (a) Blocked crossing portal Section 22404 of the Infrastructure Investment and Jobs Act ( 49 U.S.C. 22907 note) is amended— (1) in subsection (a) by striking 3-year ; (2) by striking subsection (h); (3) by redesignating subsection (i) as subsection (h)