I
104TH CONGRESS
2D SESSION
H. R. 3000
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 29, 1996
Mr. VISCLOSKY (for himself, Mr. HOSTETTLER, Mr. BURTON of Indiana, Mr.
BUYER, Mr. HAMILTON, Mr. JACOBS, Mr. MCINTOSH, Mr. MYERS of In-
diana, Mr. ROEMER, and Mr. SOUDER) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture
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 1996’’.
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 1997, 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) of title 23, United States Code, is amended to read
as follows:
‘‘(1) FOR SAFETY PROGRAMS.—
‘‘(A) FISCAL YEARS 1991 THROUGH 1996.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), for each of fiscal years 1991 through
1996, 10 percent of the funds apportioned
to a State under section 104(b)(3)(A) for