II

104TH CONGRESS

1ST SESSION S. 1512

To amend title 23, United States Code, to improve safety at public railwayhighway crossings, and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 29, 1995

Mr. LUGAR (for himself and Mr. COATS) introduced the following bill; which

was read twice and referred to the Committee on Environment and Public

Works

A BILL

To amend title 23, United States Code, to improve safety

at public railway-highway crossings, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Highway Rail Grade

5 Crossing Safety Formula Enhancement Act of 1995’’.

6 SEC. 2. ALLOCATIONS OF APPORTIONED FUNDS FOR RAIL7 WAY-HIGHWAY CROSSINGS.

8 (a) APPORTIONMENT FOR RAILWAY-HIGHWAY

9 CROSSINGS.—Section 104(b)(3) of title 23, United States

10 Code, is amended—
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1 (1) in subparagraph (A), by striking ‘‘For the’’

2 and inserting ‘‘After making the set aside required

3 by subparagraph (C), for the’’;

4 (2) in subparagraph (B)—

5 (A) in the first sentence, by striking ‘‘this

6 paragraph’’ and inserting ‘‘subparagraph (A)’’;

7 and

8 (B) in the second sentence, by striking

9 ‘‘this paragraph’’ and inserting ‘‘subparagraph

10 (A) or this subparagraph’’; and

11 (3) by adding at the end the following:

12 ‘‘(C) SET ASIDE FOR RAILWAY-HIGHWAY

13 CROSSINGS.—For each fiscal year specified in

14 section 133(d)(1)(B)(i), the Secretary shall—

15 ‘‘(i) set aside 5 percent of the funds

16 authorized for the surface transportation

17 program to be apportioned to States to be

18 used in accordance with section

19 133(d)(1)(B)(i); and

20 ‘‘(ii) apportion the funds set aside

21 under clause (i) among the States so

22 that—

23 ‘‘(I) 25 percent is apportioned

24 based on the ratio of the total number

25 of accidents at public railway-highway
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1 crossings during the 3 full calendar

2 years preceding the first day of the

3 fiscal year in each State to that total

4 in all States;

5 ‘‘(II) 25 percent is apportioned

6 based on the ratio of the total number

7 of fatalities at public railway-highway

8 crossings during the 3 full calendar

9 years preceding the first day of the

10 fiscal year in each State to that total

11 in all States;

12 ‘‘(III) 25 percent is apportioned

13 based on the ratio, as of the first day

14 of the fiscal year, of the number of

15 public railway-highway crossings in

16 each State to the number of public

17 railway-highway crossings in all

18 States;

19 ‘‘(IV) 25 percent is apportioned

20 based on the ratio, as of the first day

21 of the fiscal year, of the number of

22 public railway-highway crossings with

23 passive warning devices in each State

24 to the number of public railway-high-
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1 way crossings with passive warning

2 devices in all States; and

3 ‘‘(V) notwithstanding subclauses

4 (I) through (IV), each State receives a

minimum apportionment of 1 5 ⁄4 of 1

6 percent of the funds set aside under

7 clause (i), except that each of Hawaii,

8 Puerto Rico, and the District of Columbia receives 1 9 ⁄8 of 1 percent of the

10 funds set aside under clause (i).’’.

11 (b) ALLOCATIONS FOR SAFETY PROGRAMS.—Section

12 133(d) of title 23, United States Code, is amended by

13 striking paragraph (1) and inserting the following:

14 ‘‘(1) FOR SAFETY PROGRAMS.—

15 ‘‘(A) FISCAL YEARS 1991 THROUGH 1996.—

16 ‘‘(i) IN GENERAL.—Subject to clause

17 (ii), for each of fiscal years 1991 through

18 1996, 10 percent of the funds apportioned

19 to a State under section 104(b)(3)(A) for

20 the surface transportation program for a

21 fiscal year shall be available only to carry

22 out sections 130 and 152.

23 ‘‘(ii) MINIMUM.—Of the funds re24 quired to be made available by clause (i)

25 for a fiscal year, each State shall use an
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1 amount of the funds to carry out each of

2 sections 130 and 152 that is not less than

3 the amount of funds apportioned to the

4 State for fiscal year 1991 under the sec5 tion.

6 ‘‘(B) FISCAL YEAR 1997.—

7 ‘‘(i) RAILWAY-HIGHWAY CROSSINGS.—

8 Subject to clause (iii), for fiscal year 1997,

9 the funds apportioned to a State under

10 section 104(b)(3)(C) shall be available only

11 to carry out section 130.

12 ‘‘(ii) HAZARD ELIMINATION PRO13 GRAM.—Subject to clause (iii), for fiscal

14 year 1997, 5 percent of the funds appor15 tioned to a State under section

16 104(b)(3)(A) for the surface transportation

17 program for fiscal year 1997 shall be avail18 able only to carry out section 152.

19 ‘‘(iii) MINIMUM.—To the extent nec20 essary to ensure that the amount of funds

21 made available for fiscal year 1997 to

22 carry out each of sections 130 and 152 is

23 not less than the amount of funds appor24 tioned to the State for fiscal year 1991

25 under the section, each State shall use—
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1 ‘‘(I) funds described in clause (i)

2 to carry out section 152; and

3 ‘‘(II) funds described in clause

4 (ii) to carry out section 130.’’.

5 (c) TECHNICAL CORRECTIONS.—Section 130 of title

6 23, United States Code, is amended—

7 (1) by striking subsection (f); and

8 (2) by redesignating subsections (g) and (h) as

9 subsections (f) and (g), respectively.

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