I

105TH CONGRESS

1ST SESSION H. R. 650

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

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1997

Mr. VISCLOSKY (for himself, Mr. HOSTETTLER, Mr. ROEMER, Mr. MCINTOSH,

Mr. BURTON of Indiana, Mrs. CARSON, Mr. HAMILTON, and Mr. PEASE)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure

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 1997’’.
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1 SEC. 2. ALLOCATIONS OF APPORTIONED FUNDS FOR RAIL2 WAY-HIGHWAY CROSSINGS.

3 (a) APPORTIONMENT FOR RAILWAY-HIGHWAY

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

5 Code, is amended—

6 (1) in subparagraph (A) by striking ‘‘For the’’

7 and inserting ‘‘After making the set aside required

8 by subparagraph (C), for the’’;

9 (2) in subparagraph (B)—

10 (A) in the first sentence by striking ‘‘this

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

12 and

13 (B) in the second sentence by striking

14 ‘‘this paragraph’’ and inserting ‘‘subparagraph

15 (A) or this subparagraph’’; and

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

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

18 CROSSINGS.—For fiscal year 1998, the Sec19 retary shall—

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

21 authorized for the surface transportation

22 program to be apportioned to States to be

23 used in accordance with section

24 133(d)(1)(B)(i); and
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1 ‘‘(ii) apportion the funds set aside

2 under clause (i) among the States so

3 that—

4 ‘‘(I) 25 percent is apportioned

5 based on the ratio of the total number

6 of accidents at public railway-highway

7 crossings during the 3 full calendar

8 years preceding the first day of the

9 fiscal year in each State to that total

10 in all States;

11 ‘‘(II) 25 percent is apportioned

12 based on the ratio of the total number

13 of fatalities at public railway-highway

14 crossings during the 3 full calendar

15 years preceding the first day of the

16 fiscal year in each State to that total

17 in all States;

18 ‘‘(III) 25 percent is apportioned

19 based on the ratio, as of the first day

20 of the fiscal year, of the number of

21 public railway-highway crossings in

22 each State to the number of public

23 railway-highway crossings in all

24 States;
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1 ‘‘(IV) 25 percent is apportioned

2 based on the ratio, as of the first day

3 of the fiscal year, of the number of

4 public railway-highway crossings with

5 passive warning devices in each State

6 to the number of public railway-high7 way crossings with passive warning

8 devices in all States; and

9 ‘‘(V) notwithstanding subclauses

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

minimum apportionment of 1 11 ⁄4 of 1

12 percent of the funds set aside under

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

14 Puerto Rico, and the District of Columbia receives 1 15 ⁄8 of 1 percent of the

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

17 (b) ALLOCATIONS FOR SAFETY PROGRAMS.—Section

18 133(d)(1) of title 23, United States Code, is amended to

19 read as follows:

20 ‘‘(1) FOR SAFETY PROGRAMS.—

21 ‘‘(A) FISCAL YEARS 1991 THROUGH 1997.—

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

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

24 1997, 10 percent of the funds apportioned

25 to a State under section 104(b)(3)(A) for
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1 the surface transportation program for a

2 fiscal year shall be available only to carry

3 out sections 130 and 152.

4 ‘‘(ii) MINIMUM.—Of the funds re5 quired to be made available by clause (i)

6 for a fiscal year, each State shall use an

7 amount of the funds to carry out each of

8 sections 130 and 152 that is not less than

9 the amount of funds apportioned to the

10 State for fiscal year 1991 under the sec11 tion.

12 ‘‘(B) FISCAL YEAR 1998.—

13 ‘‘(i) RAILWAY-HIGHWAY CROSSINGS.—

14 Subject to clause (iii), for fiscal year 1998,

15 the funds apportioned to a State under

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

17 to carry out section 130.

18 ‘‘(ii) HAZARD ELIMINATION PRO19 GRAM.—Subject to clause (iii), for fiscal

20 year 1998, 5 percent of the funds appor21 tioned to a State under section

22 104(b)(3)(A) for the surface transportation

23 program for fiscal year 1998 shall be avail24 able only to carry out section 152.
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1 ‘‘(iii) MINIMUM.—To the extent nec2 essary to ensure that the amount of funds

3 made available for fiscal year 1998 to

4 carry out each of sections 130 and 152 is

5 not less than the amount of funds appor6 tioned to the State for fiscal year 1991

7 under the section, each State shall use—

8 ‘‘(I) funds described in clause (i)

9 to carry out section 152; and

10 ‘‘(II) funds described in clause

11 (ii) to carry out section 130.’’.

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

13 23, United States Code, is amended—

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

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

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

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