I
105TH CONGRESS
1ST SESSION
H. R. 650
To amend title 23, United States Code, to improve safety at public railway-
highway 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Highway Rail Grade
Crossing Safety Formula Enhancement Act of 1997’’.
SEC. 2. ALLOCATIONS OF APPORTIONED FUNDS FOR RAIL-
WAY-HIGHWAY CROSSINGS.
(a) 
APPORTIONMENT
FOR
RAILWAY-HIGHWAY
CROSSINGS.—Section 104(b)(3) of title 23, United States
Code, is amended—
(1) in subparagraph (A) by striking ‘‘For the’’
and inserting ‘‘After making the set aside required
by subparagraph (C), for the’’;
(2) in subparagraph (B)—
(A) in the first sentence by striking ‘‘this
paragraph’’ and inserting ‘‘subparagraph (A)’’;
and
(B) in the second sentence by striking
‘‘this paragraph’’ and inserting ‘‘subparagraph
(A) or this subparagraph’’; and
(3) by adding at the end the following:
‘‘(C) SET
ASIDE
FOR
RAILWAY-HIGHWAY
CROSSINGS.—For fiscal year 1998, the Sec-
retary shall—
‘‘(i) set aside 5 percent of the funds
authorized for the surface transportation
program to be apportioned to States to be
used 
in 
accordance 
with 
section
133(d)(1)(B)(i); and
‘‘(ii) apportion the funds set aside
under clause (i) among the States so
that—
‘‘(I) 25 percent is apportioned
based on the ratio of the total number
of accidents at public railway-highway
crossings during the 3 full calendar
years preceding the first day of the
fiscal year in each State to that total
in all States;
‘‘(II) 25 percent is apportioned
based on the ratio of the total number
of fatalities at public railway-highway
crossings during the 3 full calendar
years preceding the first day of the
fiscal year in each State to that total
in all States;
‘‘(III) 25 percent is apportioned
based on the ratio, as of the first day
of the fiscal year, of the number of
public railway-highway crossings in
each State to the number of public
railway-highway 
crossings 
in 
all
States;
‘‘(IV) 25 percent is apportioned
based on the ratio, as of the first day
of the fiscal year, of the number of
public railway-highway crossings with
passive warning devices in each State
to the number of public railway-high-
way crossings with passive warning
devices in all States; and
‘‘(V) notwithstanding subclauses
(I) through (IV), each State receives a
minimum apportionment of 1⁄4 of 1
percent of the funds set aside under
clause (i), except that each of Hawaii,
Puerto Rico, and the District of Co-
lumbia receives 1⁄8 of 1 percent of the
funds set aside under clause (i).’’.
(b) ALLOCATIONS FOR SAFETY PROGRAMS.—Section
133(d)(1) of title 23, United States Code, is amended to
read as follows:
‘‘(1) FOR SAFETY PROGRAMS.—
‘‘(A) FISCAL YEARS 1991 THROUGH 1997.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), for each of fiscal years 1991 through
1997, 10 percent of the funds apportioned
to a State under section 104(b)(3)(A) for
the surface transportation program for a
fiscal year shall be available only to carry
out sections 130 and 152.
‘‘(ii) MINIMUM.—Of the funds re-
quired to be made available by clause (i)
for a fiscal year, each State shall use an
amount of the funds to carry out each of
sections 130 and 152 that is not less than
the amount of funds apportioned to the
State for fiscal year 1991 under the sec-
tion.
‘‘(B) FISCAL YEAR 1998.—
‘‘(i) RAILWAY-HIGHWAY CROSSINGS.—
Subject to clause (iii), for fiscal year 1998,
the funds apportioned to a State under
section 104(b)(3)(C) shall be available only
to carry out section 130.
‘‘(ii) 
HAZARD
ELIMINATION
PRO-
GRAM.—Subject to clause (iii), for fiscal
year 1998, 5 percent of the funds appor-
tioned 
to 
a 
State 
under 
section
104(b)(3)(A) for the surface transportation
program for fiscal year 1998 shall be avail-
able only to carry out section 152.
‘‘(iii) MINIMUM.—To the extent nec-
essary to ensure that the amount of funds
made available for fiscal year 1998 to
carry out each of sections 130 and 152 is
not less than the amount of funds appor-
tioned to the State for fiscal year 1991
under the section, each State shall use—
‘‘(I) funds described in clause (i)
to carry out section 152; and
‘‘(II) funds described in clause
(ii) to carry out section 130.’’.
(c) TECHNICAL CORRECTIONS.—Section 130 of title
23, United States Code, is amended—
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively.
Æ