Title 23 — Highways
Chapter 1 — Federal-Aid Highways
§ 130. Railway-highway crossings
Statutory text
Subject to section 120 and subsection (b) of this section, the entire cost of construction of projects for the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains, may be paid from sums apportioned in accordance with section 104 of this title. In any case when the elimination of the hazards of a railway-highway crossing can be effected by the relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimination by one of the methods mentioned in the first sentence of this section, then the entire cost of such relocation project, subject to section 120 and subsection (b) of this section, may be paid from sums apportioned in accordance with section 104 of this title.
The Secretary may classify the various types of projects involved in the elimination of hazards of railway-highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad or railroads for the purpose of determining the railroad’s share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall determine the appropriate classification of each project.
Any railroad involved in a project for the elimination of hazards of railway-highway crossings paid for in whole or in part from sums made available for expenditure under this title, or prior Acts, shall be liable to the United States for the net benefit to the railroad determined under the classification of such project made pursuant to subsection (b) of this section. Such liability to the United States may be discharged by direct payment to the State transportation department of the State in which the project is located, in which case such payment shall be credited to the cost of the project. Such payment may consist in whole or in part of materials and labor furnished by the railroad in connection with the construction of such project. If any such railroad fails to discharge such liability within a six-month period after completion of the project, it shall be liable to the United States for its share of the cost, and the Secretary shall request the Attorney General to institute proceedings against such railroad for the recovery of the amount for which it is liable under this subsection. The Attorney General is authorized to bring such proceedings on behalf of the United States, in the appropriate district court of the United States, and the United States shall be entitled in such proceedings to recover such sums as it is considered and adjudged by the court that such railroad is liable for in the premises. Any amounts recovered by the United States under this subsection shall be credited to miscellaneous receipts.
Survey and Schedule of Projects.—
Each State shall conduct and systematically maintain a survey of all highways to identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose. At a minimum, such a schedule shall provide signs for all railway-highway crossings.
Funds for Railway-Highway Grade Crossings.—
In general.—
Set aside.—
Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, for the elimination of hazards, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.
Reducing trespassing fatalities and injuries.—
A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings.
Obligation availability.—
Sums set aside each fiscal year under subparagraph (A) shall be available for obligation in the same manner as funds apportioned under section 104(b)(1).
Special rule.—
If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the State may use funds made available by this section for other highway safety improvement program purposes.
Apportionment.—
Formula.—
Fifty percent of the funds set aside to carry out this section pursuant to subsection (e)(1) shall be apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP–21, and 50 percent of such funds shall be apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States.
Minimum apportionment.—
Notwithstanding paragraph (1), each State shall receive a minimum of one-half of 1 percent of the funds apportioned under paragraph (1).
Federal share.—
The Federal share payable on account of any project financed with funds set aside to carry out this section shall be 100 percent of the cost thereof.
Annual Report.—
In general.—
Not later than August 31 of each year, each State shall submit a report to the Administrator of the Federal Highway Administration that describes—
the progress being made to implement the railway-highway crossings program authorized under this section; and
the effectiveness of the improvements made as a result of such implementation.
Contents.—
Each report submitted pursuant to paragraph (1) shall contain an assessment of—
the costs of the various treatments employed by the State to implement the railway-highway crossings program; and
the effectiveness of such treatments, as measured by the accident experience at the locations that received such treatments.
Coordination.—
Not later than 30 days after the Federal Highway Administration’s acceptance of each report submitted pursuant to paragraph (1), the Administrator of the Federal Highway Administration shall make such report available to the Administrator of the Federal Railroad Administration.
Use of Funds for Matching.—
Funds authorized to be appropriated to carry out this section may be used to provide a local government with funds to be used on a matching basis when State funds are available which may only be spent when the local government produces matching funds for the improvement of railway-highway crossings.
Incentive Payments for At-Grade Crossing Closures.—
In general.—
Notwithstanding any other provision of this section and subject to paragraphs (2) and (3), a State may, from sums available to the State under this section, make incentive payments to local governments in the State upon the permanent closure by such governments of public at-grade railway-highway crossings under the jurisdiction of such governments.
Incentive payments by railroads.—
A State may not make an incentive payment under paragraph (1) to a local government with respect to the closure of a crossing unless the railroad owning the tracks on which the crossing is located makes an incentive payment to the government with respect to the closure.
Amount of state payment.—
The amount of the incentive payment payable to a local government by a State under paragraph (1) with respect to a crossing may not exceed the lesser of—
the amount of the incentive payment paid to the government with respect to the crossing by the railroad concerned under paragraph (2); or
$100,000.
Use of state payments.—
A local government receiving an incentive payment from a State under paragraph (1) shall use the amount of the incentive payment for transportation safety improvements.
Bicycle Safety.—
In carrying out projects under this section, a State shall take into account bicycle safety.
Expenditure of Funds.—
Not more than 8 percent of funds apportioned to a State to carry out this section may be used by the State for compilation and analysis of data in support of activities carried out under subsection (g).
National Crossing Inventory.—
Initial reporting of crossing information.—
Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or within 6 months of a new crossing becoming operational, whichever occurs later, each State shall report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported public crossing located within its borders.
Periodic updating of crossing information.—
On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each State shall report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each public crossing located within its borders.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–767 · 72 Stat. 885
Enacted · 23 U.S.C. § 130
Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 903
Source evidence
Code source credit
Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 903Federal-Aid Highway Act of 1987
Pub. L. 100–17 title I § 121(a) · 101 Stat. 132
Added · 23 U.S.C. § 130(d)(h)
Pub. L. 100–17 added subsecs. (d) to (h)
Source evidence
Code amendment note
Subsecs. (d) to (h). Pub. L. 100–17 added subsecs. (d) to (h).Enacted provision · exact public law section
(a) In General.— Section 130 of title 23, United States Code, is amended by adding at the end the following new subsections: “(d) Survey and Schedule of Projects.— Each State shall conduct and systematically maintain a survey of all highways to identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose. At a minimum, such a schedule shall provide signs for all railway-highway crossings. “(e) Funds for Protective Devices.— At least ½ of the funds authorized for and expended under this section shall be available for the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated to carry out this section shall be available for obligation in the same manner as funds apportioned 23 USC 104. under section 104(b)(1) of this title. “(f) Apportionment.— Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(2) of this title, 25 percent of such funds shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50 percent of such funds shall be apportioned to the States in the ratio that total railway-highway crossings in each State bears to the total of such crossings in all States. The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof. “(g) Annual Report.— Each State shall report to the Secretary not later than December 30 of each year on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements. Each State report shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at improved locations. The Secretary shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives not later than April 1 of each year, on the progress being made by the State in implementing projects to improve railway-highway crossings. The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, nature of treatment, and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (d) and include recommendations for future implementation of the railroad highway crossings program. “(h) Use of Funds for Matching.— Funds authorized to be appropriated to carry out this section may be used to provide a local government with funds to be used on a matching basis when State funds are available which may only be spent when the local government produces matching funds for the improvement of railway-highway crossings.”.National Highway System Designation Act of 1995
Pub. L. 104–59 title III § 325(a) · 109 Stat. 568
Substituted · 23 U.S.C. § 130(g)
Pub. L. 104–59 substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation” in third sentence
Source evidence
Code amendment note
Subsec. (g). Pub. L. 104–59 substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation” in third sentence.Enacted provision · exact public law section
(a) Railway-Highway Crossings Report.— The third sentence of section 130(g) of title 23, United States Code, is amended by striking “Committee on Public Works and Transportation” and inserting “Committee on Transportation and Infrastructure”.Pub. L. 104–205 title III § 353(b) · 110 Stat. 2951
Added · 23 U.S.C. § 130(i)
Pub. L. 104–205 added subsec. (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 104–205 added subsec. (i).Enacted provision · exact public law section
(b) Section 130 of such title is amended by adding at the end the following: “(i) Incentive Payments for At-Grade Crossing Closures.— “(1) In general.— Notwithstanding any other provision of this section and subject to paragraphs (2) and (3), a State may, from sums available to the State under this section, make incentive payments to local governments in the State upon the permanent closure by such governments of public at-grade railway-highway crossings under the jurisdiction of such governments. “(2) Incentive payments by railroads.— A State may not make an incentive payment under paragraph (1) to a local government with respect to the closure of a crossing unless the railroad owning the tracks on which the crossing is located makes an incentive payment to the government with respect to the closure. “(3) Amount of state payment.— The amount of the incentive payment payable to a local government by a State under paragraph (1) with respect to a crossing may not exceed the lesser of— “(A) the amount of the incentive payment paid to the government with respect to the crossing by the railroad concerned under paragraph (2); or “(B) $7,500. “(4) Use of state payments.— A local government receiving an incentive payment from a State under paragraph (1) shall use the amount of the incentive payment for transportation safety improvements.”.Transportation Equity Act for the 21st Century
Pub. L. 105–178 § 1111(d) · 112 Stat. 107
Substituted · 23 U.S.C. § 130(a)
Pub. L. 105–178, § 1111(d), substituted “Subject to section 120” for “Except as provided in subsection (d) of section 120 of this title” in second sentence
Substituted · 23 U.S.C. § 130(a)
Pub. L. 105–178, § 1111(d), substituted “subject to section 120” for “except as provided in subsection (d) of section 120 of this title” in second sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–178, § 1111(d), substituted “Subject to section 120” for “Except as provided in subsection (d) of section 120 of this title” in first sentence and “subject to section 120” for “except as provided in subsection (d) of section 120 of this title” in second sentence.Enacted provision · exact public law section
(d) 23 USC 130. Conforming Amendments.— Section 130(a) of such title is amended— (1) in the first sentence by striking “Except as provided in subsection (d) of section 120 of this title” and inserting “Subject to section 120”; and (2) in the second sentence by striking “except as provided in subsection (d) of section 120 of this title” and inserting “subject to section 120”.Transportation Equity Act for the 21st Century
Pub. L. 105–178 § 1212(a)(2)(A)(i) · 112 Stat. 107
Substituted · 23 U.S.C. § 130(c)
Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.Enacted provision · exact public law section
(i) by striking “State highway department” each 23 USC 102 et seq. place it appears and inserting “State transportation department”; andTransportation Equity Act for the 21st Century
Pub. L. 105–178 § 1202(d) · 112 Stat. 107
Added · 23 U.S.C. § 130(j)
Pub. L. 105–178, § 1202(d), added subsec. (j)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 105–178, § 1202(d), added subsec. (j).Enacted provision · exact public law section
(d) 23 USC 130. Railway-Highway Crossings.— Section 130 of such title is amended by adding at the end the following: “(j) Bicycle Safety.— In carrying out projects under this section, a State shall take into account bicycle safety.”.SAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 § 101 · 122 Stat. 1572
Substituted · 23 U.S.C. § 130(e)(2)
Pub. L. 110–244, § 101(l), substituted “highway safety improvement program purposes” for “purposes under this subsection”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 110–244, § 101(l), substituted “highway safety improvement program purposes” for “purposes under this subsection”.Enacted provision · exact public law section
SEC. 101. SURFACE TRANSPORTATION TECHNICAL CORRECTIONS. (a) Correction of Internal References in Disadvantaged Business Enterprises.— Paragraphs (3)(A) and (5) of section 1101(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1156) 23 USC 101 note. are amended by striking “paragraph (1)” each place it appears and inserting “paragraph (2)”. (b) Correction of Distribution of Obligation Authority.— Section 1102(c)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 23 USC 104 note. Users (119 Stat. 1158) is amended by striking “among the States”. (c) Correction of Federal Lands Highways.— Section 1119 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1190) is amended by striking subsection (m) and inserting the following: “(m) Forest Highways.— Of the amounts made available for public lands highways under section 1101— “(1) not more than $20,000,000 for each fiscal year may be used for the maintenance of forest highways; “(2) not more than $1,000,000 for each fiscal year may be used for signage identifying public hunting and fishing access; and “(3) not more than $10,000,000 for each fiscal year shall be used by the Secretary of Agriculture to pay the costs of facilitating the passage of aquatic species beneath forest roads (as defined in section 101(a) of title 23, United States Code), including the costs of constructing, maintaining, replacing, and removing culverts and bridges, as appropriate.” . (d) Correction of Description of National Corridor Infrastructure Improvement Project.— Item number 1 of the table contained in section 1302(e) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1205) is 23 USC 101 note. amended in the State column by inserting “LA,” after “TX,”. (e) Correction of High Priority Designations.— (1) Kentucky high priority corridor designation.— Section 1105(c)(18)(E) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 189; 115 Stat. 872) is amended by inserting before the period at the end the following: “, follow Interstate Route 24 to the Wendell H. Ford Western Kentucky Parkway, then utilize the existing Wendell H. Ford Western Kentucky Parkway and Edward T. Breathitt (Pennyrile) Parkway to Henderson”. (2) Interstate route 376 high priority designation.— (A) In general.— Section 1105(c)(79) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1213) is amended by striking “and on United States Route 422”. (B) Conforming amendment.— Section 1105(e)(5)(B)(i)(I) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) is amended by striking “and United States Route 422”. (f) Correction of Infrastructure Finance Section.— Section 1602(d)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 23 USC 190, 610. A Legacy for Users (119 Stat. 1247) is amended by striking “through 189 as sections 601 through 609, respectively” and inserting “through 190 as sections 601 through 610, respectively”. (g) Correction of Project Federal Share.— Section 1964(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1519) is amended— (1) by striking “only for the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota,”; and (2) by striking “section 120(b)” and inserting “section 120”. (h) Transportation Systems Management and Operations Defined.— Section 101(a) of title 23, United States Code, is amended by adding at the end the following: “(39) Transportation systems management and operations.— “(A) In general.— The term ‘transportation systems management and operations’ means an integrated program to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system. “(B) Inclusions.— The term ‘transportation systems management and operations’ includes— “(i) regional operations collaboration and coordination activities between transportation and public safety agencies; and “(ii) improvements to the transportation system, such as traffic detection and surveillance, arterial management, freeway management, demand management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic incident management, roadway weather management, traveler information services, commercial vehicle operations, traffic control, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations.” . (i) Correction of Reference in Apportionment of Highway Safety Improvement Program Funds.— Effective Effective date. October 1, 2007, section 104(b)(5)(A)(iii) of title 23, United States Code, is amended by striking “the Federal-aid system” each place it appears and inserting “Federal-aid highways”. (j) Correction of Amendment To Advance Construction.— Section 115 of title 23, United States Code, is amended by redesignating subsection (d) as subsection (c). (k) Correction of High Priority Projects.— Section 117 of title 23, United States Code, is amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (2) by redesignating the second subsection (c) (relating to Federal share) as subsection (d); (3) in subsection (a)(2)(A) by inserting “(112 Stat. 257)” after “21st Century”; and (4) in subsection (a)(2)(B)— (A) by striking “subsection (b)” and inserting “subsection (c)”; and (B) by striking “SAFETEA–LU” and inserting “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256)”. (l) Correction of Transfer of Unused Protective-Device Funds to Other Highway Safety Improvement Program Projects.— Section 130(e)(2) of title 23, United States Code, is amended by striking “purposes under this subsection” and inserting “highway safety improvement program purposes”. (m) Correction of Highway Bridge Program.— (1) In general.— Section 144 of title 23, United States Code, is amended— (A) in the section heading by striking “replacement and rehabilitation”; (B) in subsections (b), (c)(1), and (e) by striking “Federal-aid system” each place it appears and inserting “Federal-aid highway”; (C) in subsections (c)(2) and (o) by striking “the Federal-aid system” each place it appears and inserting “Federal-aid highways”; (D) in the heading to paragraph (4) of subsection (d) by inserting “systematic” before “preventive”; (E) in subsection (e) by striking “off-system bridges” each place it appears and inserting “bridges not on Federal-aid highways”; (F) by striking subsection (f); (G) by redesignating subsections (g) through (s) as subsections (f) through (r), respectively; (H) in paragraph (1)(A)(vi) of subsection (f) (as redesignated by subparagraph (G) of this paragraph) by inserting “and the removal of the Missisquoi Bay causeway” after “Bridge”; (I) in paragraph (2) of subsection (f) (as redesignated by subparagraph (G) of this paragraph) by striking the paragraph heading and inserting “Bridges not on federal-aid highways”; (J) in subsection (m) (as redesignated by subparagraph (G) of this paragraph) by striking the subsection heading and inserting “Program for Bridges Not on Federal-Aid Highways”; and (K) in subsection (n)(4)(B) (as redesignated by subparagraph (G) of this paragraph) by striking “State highway agency” and inserting “State transportation department”. (2) Special conditions.— Section 1114 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1172) is amended by adding at the end the following: “(h) Special Conditions.— Any unobligated or unexpended funds remaining on completion of the project carried out under section 144(f)(1)(A)(vi) of title 23, United States Code, shall be made available to carry out the project described in section 144(f)(1)(A)(vii) of that title after the date on which the Vermont Agency of Transportation certifies to the Federal Highway Administration the final determination of the agency regarding the removal of the Missisquoi Bay causeway.” . (3) Conforming amendments.— (A) Metropolitan planning.— Section 104(f)(1) of title 23, United States Code, is amended by striking “replacement and rehabilitation”. (B) Equity bonus program.— Subsections (a)(2)(C) and (b)(2)(C) of section 105 of such title are amended by striking “replacement and rehabilitation” each place it appears. (C) Analysis.— The analysis for chapter 1 of such title is amended in the item relating to section 144 by striking “replacement and rehabilitation”. (n) Metropolitan Transportation Planning.— Section 134 of title 23, United States Code, is amended— (1) in subsection (f)(3)(C)(ii) by striking subclause (II) and inserting the following: “(II) Funding.— For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this title and chapter 53 of title 49, prior to any allocation under section 202 of this title and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.” ; (2) in subsection (j)(3)(D) by inserting “or the identified phase” after “the project” each place it appears; and (3) in subsection (k)(2) by striking “a metropolitan planning area serving”. (o) Correction of National Scenic Byways Program Coverage.— Section 162 of title 23, United States Code, is amended— (1) in subsection (a)(3)(B) by striking “a National Scenic Byway under subparagraph (A)” and inserting “a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1)”; and (2) in subsection (c)(3) by striking “or All-American Road” each place it appears and inserting “All-American Road, or one of America’s Byways”. (p) Correction of Reference in Toll Provision.— Section 166(b)(5)(C) of title 23, United States Code, is amended by striking “paragraph (3)” and inserting “paragraph (4)”. (q) Correction of Recreational Trails Program Apportionment Exceptions.— Section 206(d)(3)(A) of title 23, United States Code, is amended by striking “(B), (C), and (D)” and inserting “(B) and (C)”. (r) Correction of Infrastructure Finance.— Section 601(a)(3) of title 23, United States Code, is amended by inserting “bbb minus, BBB (low),” after “Baa3,”. (s) Correction of Miscellaneous Typographical Errors.— (1) Section 1401 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1226) is amended by redesignating 23 USC 130, 148 note. subsections (d) and (e) as subsections (c) and (d), respectively. (2) Section 1404(e) of such 23 USC 402 note. Act (119 Stat. 1229) is amended by inserting “tribal,” after “local,”. (3) Section 10211(b)(2) of such Act (119 Stat. 1937) is amended by striking “plan administer” and inserting “plan and administer”. (4) Section 10212(a) of such Act (119 Stat. 1937) is amended— (A) by inserting “equity bonus,” after “minimum guarantee,”; (B) by striking “freight intermodal connectors” and inserting “railway-highway crossings”; (C) by striking “high risk rural road,”; and (D) by inserting after “highway safety improvement programs” the following: “(and separately the set aside for the high risk rural road program)”.Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Pub. L. 109–59 § 1401(c)(1) · 119 Stat. 1144
Amended · 23 U.S.C. § 130(e)
Pub. L. 109–59, § 1401(c)(1), formerly § 1401(d)(1), as renumbered by Pub. L. 110–244, § 101(s)(1), designated existing provisions as par. (1)
Inserted · 23 U.S.C. § 130(e)
Pub. L. 109–59, § 1401(c)(1), formerly § 1401(d)(1), as renumbered by Pub. L. 110–244, § 101(s)(1), inserted after par. designation “In general.—Before making an apportionment under section 104(b)(5) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings.”
Added · 23 U.S.C. § 130(e)
Pub. L. 109–59, § 1401(c)(1), formerly § 1401(d)(1), as renumbered by Pub. L. 110–244, § 101(s)(1), added par. (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 109–59, § 1401(c)(1), formerly § 1401(d)(1), as renumbered by Pub. L. 110–244, § 101(s)(1), designated existing provisions as par. (1), inserted after par. designation “In general.—Before making an apportionment under section 104(b)(5) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings.”, and added par. (2).Enacted provision · exact public law section
(C) Other sections.— Sections 154, 164, and 409 of such title are amended by striking “152” each place it appears and inserting “148”.Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Pub. L. 109–59 § 1401(c)(2) · 119 Stat. 1144
Amended · 23 U.S.C. § 130(f)
Pub. L. 109–59, § 1401(c)(2), formerly § 1401(d)(2), as renumbered by Pub. L. 110–244, § 101(s)(1), reenacted heading without change and amended text of subsec. (f) generally. Prior to amendment, text read as follows: “Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(2) of this title, 25 percent of such funds shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50 percent of such funds shall be apportioned to the States in the ratio that total railway-highway crossings in each State bears to the total of such crossings in all States. The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 109–59, § 1401(c)(2), formerly § 1401(d)(2), as renumbered by Pub. L. 110–244, § 101(s)(1), reenacted heading without change and amended text of subsec. (f) generally. Prior to amendment, text read as follows: “Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(2) of this title, 25 percent of such funds shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50 percent of such funds shall be apportioned to the States in the ratio that total railway-highway crossings in each State bears to the total of such crossings in all States. The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof.”Enacted provision · exact public law section
(C) Other sections.— Sections 154, 164, and 409 of such title are amended by striking “152” each place it appears and inserting “148”.Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Pub. L. 109–59 § 1401(c)(3) · 119 Stat. 1144
Inserted · 23 U.S.C. § 130(g)
Pub. L. 109–59, § 1401(c)(3), formerly § 1401(d)(3), as renumbered by Pub. L. 110–244, § 101(s)(1), in third sentence inserted “and the Committee on Commerce, Science, and Transportation,” after “Public Works”
Substituted · 23 U.S.C. § 130(g)
Pub. L. 109–59, § 1401(c)(3), formerly § 1401(d)(3), as renumbered by Pub. L. 110–244, § 101(s)(1), in third sentence substituted “, not later than April 1, 2006, and every 2 years thereafter,” for “not later than April 1 of each year”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 109–59, § 1401(c)(3), formerly § 1401(d)(3), as renumbered by Pub. L. 110–244, § 101(s)(1), in third sentence inserted “and the Committee on Commerce, Science, and Transportation,” after “Public Works” and substituted “, not later than April 1, 2006, and every 2 years thereafter,” for “not later than April 1 of each year”.Enacted provision · exact public law section
(C) Other sections.— Sections 154, 164, and 409 of such title are amended by striking “152” each place it appears and inserting “148”.Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Pub. L. 109–59 § 1401(c)(4) · 119 Stat. 1144
Added · 23 U.S.C. § 130(k)
Pub. L. 109–59, § 1401(c)(4), formerly § 1401(d)(4), as renumbered by Pub. L. 110–244, § 101(s)(1), added subsec. (k)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 109–59, § 1401(c)(4), formerly § 1401(d)(4), as renumbered by Pub. L. 110–244, § 101(s)(1), added subsec. (k).Enacted provision · exact public law section
(C) Other sections.— Sections 154, 164, and 409 of such title are amended by striking “152” each place it appears and inserting “148”.Pub. L. 110–432 div. A title II § 204(c) · 122 Stat. 4848
Added · 23 U.S.C. § 130(l)
Pub. L. 110–432 added subsec. (l)
Source evidence
Code amendment note
Subsec. (l). Pub. L. 110–432 added subsec. (l).Enacted provision · exact public law section
(c) Reporting and Updating.— Section 130 of title 23, United States Code, is amended by adding at the end the following: “(l) National Crossing Inventory.— “(1) Initial reporting of crossing information.— Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or within 6 months of a new crossing becoming operational, whichever occurs later, each State shall report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported public crossing located within its borders. “(2) Periodic updating of crossing information.— On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each State shall report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each public crossing located within its borders. “(3) Rulemaking authority.— The Regulations. Secretary shall prescribe the regulations necessary to implement this subsection. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instructions for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this subsection. “(4) Definitions.— In this subsection— “(A) ‘public crossing’ means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where— “(i) a public highway, road, or street, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or “(ii) a publicly owned pathway explicitly authorized by a public authority or a railroad carrier and dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated; and “(B) ‘State’ means a State of the United States, the District of Columbia, or Puerto Rico.” .Fixing America’s Surface Transportation Act
Pub. L. 114–94 § 1446(d)(5)(B) · 129 Stat. 1312
Amended · 23 U.S.C. § 130
Pub. L. 114–94, § 1446(d)(5)(B), amended Pub. L. 112–141, § 1519(c). See 2012 Amendment notes below
Source evidence
Code amendment note
Pub. L. 114–94, § 1446(d)(5)(B), amended Pub. L. 112–141, § 1519(c). See 2012 Amendment notes below.Enacted provision · exact public law section
(B) by redesignating paragraphs (4) through (12) as paragraphs (3) through (11), respectively;Fixing America’s Surface Transportation Act
Pub. L. 114–94 § 1412 · 129 Stat. 1312
Substituted · 23 U.S.C. § 130(a)
Pub. L. 114–94, § 1412, substituted “the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains” for “and the relocation of highways to eliminate grade crossings”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–94, § 1412, substituted “the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains” for “and the relocation of highways to eliminate grade crossings”.Enacted provision · exact public law section
SEC. 1412. PROJECTS FOR PUBLIC SAFETY RELATING TO IDLING TRAINS. Section 130(a) of title 23, United States Code, is amended by striking “and the relocation of highways to eliminate grade crossings” and inserting “the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains”.Fixing America’s Surface Transportation Act
Pub. L. 114–94 § 1108 · 129 Stat. 1312
Amended · 23 U.S.C. § 130(e)(1)
Pub. L. 114–94, § 1108, amended par. (1) generally. Prior to amendment, text read as follows: “Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings. At least ½ of the funds authorized for and expended under this section shall be available for the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated to carry out this section shall be available for obligation in the same manner as funds apportioned under section 104(b)(1) of this title.”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 114–94, § 1108, amended par. (1) generally. Prior to amendment, text read as follows: “Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings. At least ½ of the funds authorized for and expended under this section shall be available for the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated to carry out this section shall be available for obligation in the same manner as funds apportioned under section 104(b)(1) of this title.”Enacted provision · exact public law section
SEC. 1108. RAILWAY-HIGHWAY GRADE CROSSINGS. Section 130(e)(1) of title 23, United States Code, is amended to read as follows: “(1) In general.— “(A) Set aside.— Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, for the elimination of hazards and the installation of protective devices at railway-highway crossings at least— “(i) $225,000,000 for fiscal year 2016; “(ii) $230,000,000 for fiscal year 2017; “(iii) $235,000,000 for fiscal year 2018; “(iv) $240,000,000 for fiscal year 2019; and “(v) $245,000,000 for fiscal year 2020. “(B) Installation of protective devices.— At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings. “(C) Obligation availability.— Sums set aside each fiscal year under subparagraph (A) shall be available for obligation in the same manner as funds apportioned under section 104(b)(1).” .Moving Ahead for Progress in the 21st Century Act
Pub. L. 112–141 § 1519(c)(5)(A) · 126 Stat. 405
Substituted · 23 U.S.C. § 130(e)(1)
Pub. L. 112–141, § 1519(c)(5)(A), formerly § 1519(c)(6)(A), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), substituted “section 104(b)(3)” for “section 104(b)(5)”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 112–141, § 1519(c)(5)(A), formerly § 1519(c)(6)(A), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), substituted “section 104(b)(3)” for “section 104(b)(5)”.Enacted provision · exact public law section
(A) by striking paragraph (1) and all that follows through the heading of paragraph (2); andMoving Ahead for Progress in the 21st Century Act
Pub. L. 112–141 § 1519(c)(5)(B) · 126 Stat. 405
Inserted · 23 U.S.C. § 130(f)(1)
Pub. L. 112–141, § 1519(c)(5)(B), formerly § 1519(c)(6)(B), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), inserted “as in effect on the day before the date of enactment of the MAP–21” after “section 104(b)(3)(A)”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 112–141, § 1519(c)(5)(B), formerly § 1519(c)(6)(B), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), inserted “as in effect on the day before the date of enactment of the MAP–21” after “section 104(b)(3)(A)”.Enacted provision · exact public law section
(B) by striking “(other than for Interstate construction)”.Moving Ahead for Progress in the 21st Century Act
Pub. L. 112–141 § 1519(c)(5)(C) · 126 Stat. 405
Struck · 23 U.S.C. § 130(l)(3); 23 U.S.C. § 130(l)(4)
Pub. L. 112–141, § 1519(c)(5)(C), formerly § 1519(c)(6)(C), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out pars. (3) and (4) which related to rulemaking authority and definitions
Source evidence
Code amendment note
Subsec. (l)(3), (4). Pub. L. 112–141, § 1519(c)(5)(C), formerly § 1519(c)(6)(C), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out pars. (3) and (4) which related to rulemaking authority and definitions.Enacted provision · exact public law section
(5) Section 118.— Section 118(b) of title 23, United States Code, is amended— (A) by striking paragraph (1) and all that follows through the heading of paragraph (2); and (B) by striking “(other than for Interstate construction)”.Surface Transportation Reauthorization Act of 2021
Pub. L. 117–58 § 11108(a)(1) · 135 Stat. 429
Substituted · 23 U.S.C. § 130(e)
Pub. L. 117–58, § 11108(a)(1), substituted “Railway-Highway Grade Crossings” for “Protective Devices” in heading
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–58, § 11108(a)(1), substituted “Railway-Highway Grade Crossings” for “Protective Devices” in heading.Enacted provision · exact public law section
(1) in the heading, by striking “Protective Devices” and inserting “Railway-Highway Grade Crossings”; andEffective date note
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.Surface Transportation Reauthorization Act of 2021
Pub. L. 117–58 § 11108(a)(2)(A) · 135 Stat. 429
Substituted · 23 U.S.C. § 130(e)(1)(A)
Pub. L. 117–58, § 11108(a)(2)(A), substituted “, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.” for “and the installation of protective devices at railway-highway crossings at least—” and cls. (i) to (v) which set out amounts to be set aside for fiscal years 2016 to 2020
Source evidence
Code amendment note
Subsec. (e)(1)(A). Pub. L. 117–58, § 11108(a)(2)(A), substituted “, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.” for “and the installation of protective devices at railway-highway crossings at least—” and cls. (i) to (v) which set out amounts to be set aside for fiscal years 2016 to 2020.Enacted provision · exact public law section
(A) in subparagraph (A), by striking “and the installation of protective devices at railway-highway crossings” in the matter preceding clause (i) and all that follows through “2020.” in clause (v) and inserting the following: “, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.”; andEffective date note
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.Surface Transportation Reauthorization Act of 2021
Pub. L. 117–58 § 11108(a)(2)(B) · 135 Stat. 429
Added · 23 U.S.C. § 130(e)(1)(B)
Pub. L. 117–58, § 11108(a)(2)(B), added subpar. (B)
Struck · 23 U.S.C. § 130(e)(1)(B)
Pub. L. 117–58, § 11108(a)(2)(B), struck out former subpar. (B). Prior to amendment, text read as follows: “At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings.”
Source evidence
Code amendment note
Subsec. (e)(1)(B). Pub. L. 117–58, § 11108(a)(2)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings.”Enacted provision · exact public law section
(B) by striking subparagraph (B) and inserting the following: “(B) Reducing trespassing fatalities and injuries.— A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings.” .Effective date note
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.Surface Transportation Reauthorization Act of 2021
Pub. L. 117–58 § 11108(b) · 135 Stat. 429
Substituted · 23 U.S.C. § 130(f)(3)
Pub. L. 117–58, § 11108(b), substituted “100 percent” for “90 percent”
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 117–58, § 11108(b), substituted “100 percent” for “90 percent”.Enacted provision · exact public law section
(b) Federal Share.— Section 130(f)(3) of title 23, United States Code, is amended by striking “90 percent” and inserting “100 percent”.Effective date note
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.Passenger Rail Expansion and Rail Safety Act of 2021
Pub. L. 117–58 § 22403(c) · 135 Stat. 429
Amended · 23 U.S.C. § 130(g)
Pub. L. 117–58, § 22403(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) required annual reports on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements
Source evidence
Code amendment note
Subsec. (g). Pub. L. 117–58, § 22403(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) required annual reports on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements.Enacted provision · exact public law section
(c) Annual Report.— Section 130(g) of title 23, United States Code, is amended to read as follows: “(g) Annual Report.— “(1) In general.— Not later than August 31 of each year, each State shall submit a report to the Administrator of the Federal Highway Administration that describes— “(A) the progress being made to implement the railway-highway crossings program authorized under this section; and “(B) the effectiveness of the improvements made as a result of such implementation. “(2) Contents.— Each report submitted pursuant to paragraph (1) shall contain an assessment of— “(A) the costs of the various treatments employed by the State to implement the railway-highway crossings program; and “(B) the effectiveness of such treatments, as measured by the accident experience at the locations that received such treatments. “(3) Coordination.— Not later than 30 days after the Federal Highway Administration’s acceptance of each report submitted pursuant to paragraph (1), the Administrator of the Federal Highway Administration shall make such report available to the Administrator of the Federal Railroad Administration.” .Effective date note
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.Surface Transportation Reauthorization Act of 2021
Pub. L. 117–58 § 11525(f) · 135 Stat. 429
Substituted · 23 U.S.C. § 130(g)
Pub. L. 117–58, § 11525(f), substituted “and Transportation of the Senate” for “and Transportation, of the Senate”
Substituted · 23 U.S.C. § 130(g)
Pub. L. 117–58, § 11525(f), substituted “thereafter, on” for “thereafter,, on”
Substituted · 23 U.S.C. § 130(g)
Pub. L. 117–58, § 11525(f), substituted “implementation of the railway-highway” for “implementation of the railroad highway”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–58, § 11525(f), substituted “and Transportation of the Senate” for “and Transportation, of the Senate”, “thereafter, on” for “thereafter,, on”, and “implementation of the railway-highway” for “implementation of the railroad highway”.Enacted provision · exact public law section
(f) Section 130(g) of title 23, United States Code, is amended— (1) in the third sentence— (A) by striking “and Transportation,” and inserting “and Transportation”; and (B) by striking “thereafter,,” and inserting “thereafter,”; and (2) in the fifth sentence, by striking “railroad highway” and inserting “railway-highway”.Effective date note
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.Surface Transportation Reauthorization Act of 2021
Pub. L. 117–58 § 11108(c) · 135 Stat. 429
Substituted · 23 U.S.C. § 130(i)(3)(B)
Pub. L. 117–58, § 11108(c), substituted “$100,000” for “$7,500”
Source evidence
Code amendment note
Subsec. (i)(3)(B). Pub. L. 117–58, § 11108(c), substituted “$100,000” for “$7,500”.Enacted provision · exact public law section
(c) Incentive Payments for At-grade Crossing Closures.— Section 130(i)(3)(B) of title 23, United States Code, is amended by striking “$7,500” and inserting “$100,000”.Effective date note
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.Surface Transportation Reauthorization Act of 2021
Pub. L. 117–58 § 11108(d) · 135 Stat. 429
Substituted · 23 U.S.C. § 130(k)
Pub. L. 117–58, § 11108(d), substituted “8 percent” for “2 percent”
Source evidence
Code amendment note
Subsec. (k). Pub. L. 117–58, § 11108(d), substituted “8 percent” for “2 percent”.Enacted provision · exact public law section
(d) Expenditure of Funds.— Section 130(k) of title 23, United States Code, is amended by striking “2 percent” and inserting “8 percent”.Effective date note
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
33 of 34 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP–21, referred to in subsec. (f)(1), means section 104(b)(3)(A) of this title as in effect on the day before the date of enactment of Pub. L. 112–141, which amended section 104 generally. The date of enactment of the MAP–21 is deemed to be , see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (l), is the date of enactment of div. A of Pub. L. 110–432, which was approved .
Amendments1987–2021 · 9 rounds
2021
Subsec. (e). Pub. L. 117–58, § 11108(a)(1), substituted “Railway-Highway Grade Crossings” for “Protective Devices” in heading.
Subsec. (e)(1)(A). Pub. L. 117–58, § 11108(a)(2)(A), substituted “, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.” for “and the installation of protective devices at railway-highway crossings at least—” and cls. (i) to (v) which set out amounts to be set aside for fiscal years 2016 to 2020.
Subsec. (e)(1)(B). Pub. L. 117–58, § 11108(a)(2)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings.”
Subsec. (f)(3). Pub. L. 117–58, § 11108(b), substituted “100 percent” for “90 percent”.
Subsec. (g). Pub. L. 117–58, § 22403(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) required annual reports on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements.
Pub. L. 117–58, § 11525(f), substituted “and Transportation of the Senate” for “and Transportation, of the Senate”, “thereafter, on” for “thereafter,, on”, and “implementation of the railway-highway” for “implementation of the railroad highway”.
Subsec. (i)(3)(B). Pub. L. 117–58, § 11108(c), substituted “$100,000” for “$7,500”.
Subsec. (k). Pub. L. 117–58, § 11108(d), substituted “8 percent” for “2 percent”.
2015
Pub. L. 114–94, § 1446(d)(5)(B), amended Pub. L. 112–141, § 1519(c). See 2012 Amendment notes below.
Subsec. (a). Pub. L. 114–94, § 1412, substituted “the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains” for “and the relocation of highways to eliminate grade crossings”.
Subsec. (e)(1). Pub. L. 114–94, § 1108, amended par. (1) generally. Prior to amendment, text read as follows: “Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings. At least ½ of the funds authorized for and expended under this section shall be available for the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated to carry out this section shall be available for obligation in the same manner as funds apportioned under section 104(b)(1) of this title.”
2012
Subsec. (e)(1). Pub. L. 112–141, § 1519(c)(5)(A), formerly § 1519(c)(6)(A), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), substituted “section 104(b)(3)” for “section 104(b)(5)”.
Subsec. (f)(1). Pub. L. 112–141, § 1519(c)(5)(B), formerly § 1519(c)(6)(B), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), inserted “as in effect on the day before the date of enactment of the MAP–21” after “section 104(b)(3)(A)”.
Subsec. (l)(3), (4). Pub. L. 112–141, § 1519(c)(5)(C), formerly § 1519(c)(6)(C), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out pars. (3) and (4) which related to rulemaking authority and definitions.
2008
Subsec. (e)(2). Pub. L. 110–244, § 101(l), substituted “highway safety improvement program purposes” for “purposes under this subsection”.
Subsec. (l). Pub. L. 110–432 added subsec. (l).
2005
Subsec. (e). Pub. L. 109–59, § 1401(c)(1), formerly § 1401(d)(1), as renumbered by Pub. L. 110–244, § 101(s)(1), designated existing provisions as par. (1), inserted after par. designation “In general.—Before making an apportionment under section 104(b)(5) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings.”, and added par. (2).
Subsec. (f). Pub. L. 109–59, § 1401(c)(2), formerly § 1401(d)(2), as renumbered by Pub. L. 110–244, § 101(s)(1), reenacted heading without change and amended text of subsec. (f) generally. Prior to amendment, text read as follows: “Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(2) of this title, 25 percent of such funds shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50 percent of such funds shall be apportioned to the States in the ratio that total railway-highway crossings in each State bears to the total of such crossings in all States. The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof.”
Subsec. (g). Pub. L. 109–59, § 1401(c)(3), formerly § 1401(d)(3), as renumbered by Pub. L. 110–244, § 101(s)(1), in third sentence inserted “and the Committee on Commerce, Science, and Transportation,” after “Public Works” and substituted “, not later than , and every 2 years thereafter,” for “not later than April 1 of each year”.
Subsec. (k). Pub. L. 109–59, § 1401(c)(4), formerly § 1401(d)(4), as renumbered by Pub. L. 110–244, § 101(s)(1), added subsec. (k).
1998
Subsec. (a). Pub. L. 105–178, § 1111(d), substituted “Subject to section 120” for “Except as provided in subsection (d) of section 120 of this title” in first sentence and “subject to section 120” for “except as provided in subsection (d) of section 120 of this title” in second sentence.
Subsec. (c). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.
Subsec. (j). Pub. L. 105–178, § 1202(d), added subsec. (j).
1996
Subsec. (i). Pub. L. 104–205 added subsec. (i).
1995
Subsec. (g). Pub. L. 104–59 substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation” in third sentence.
1987
Subsecs. (d) to (h). Pub. L. 100–17 added subsecs. (d) to (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective , see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Effective Date of 2015 Amendment
Except as otherwise provided, amendment by Pub. L. 114–94 effective , see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Pub. L. 114–94, div. A, title I, § 1446(d), , 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of , and as if included in Pub. L. 112–141 as enacted.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective , see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Federal Share of Costs for Construction To Eliminate Hazards
Pub. L. 106–246, div. B, title II, § 2604, , 114 Stat. 559, provided that: “Notwithstanding any other provision of law, hereafter, funds apportioned under [former] section 104(b)(3) of title 23 which are applied to projects involving the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of highways to eliminate grade crossings, may have a Federal share up to 100 percent of the cost of construction.”
Federal-State Cooperation
Pub. L. 104–59, title III, § 351(b), (c), , 109 Stat. 622, 623, provided that:
“(b) Safety Enforcement.—
“(1) Cooperation between federal and state agencies.—
The National Highway Traffic Safety Administration and the Office of Motor Carriers within the Federal Highway Administration shall cooperate and work, on a continuing basis, with the National Association of Governors’ Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve compliance with and enforcement of laws and regulations pertaining to railroad-highway grade crossings.
“(2) Report.—
Not later than , the Secretary shall submit to Congress a report indicating—
“(A) how the Department of Transportation worked with the entities referred to in paragraph (1) to improve the awareness of the highway and commercial vehicle safety and law enforcement communities of regulations and safety challenges at railroad-highway grade crossings; and
“(B) how resources are being allocated to better address these challenges and enforce such regulations.
“(c) Federal-State Partnership.—
“(1) Statement of policy.—
“(A) Hazards to safety.—
Certain railroad-highway grade crossings present inherent hazards to the safety of railroad operations and to the safety of persons using those crossings. It is in the public interest—
“(i) to promote grade crossing safety and reduce risk at high risk railroad-highway grade crossings; and
“(ii) to reduce the number of grade crossings while maintaining the reasonable mobility of the American people and their property, including emergency access.
“(B) Effective programs.—
Effective programs to reduce the number of unneeded and unsafe railroad-highway grade crossings require the partnership of Federal, State, and local officials and agencies, and affected railroads.
“(C) Highway planning.—
Promotion of a balanced national transportation system requires that highway planning specifically take into consideration grade crossing safety.
“(2) Partnership and oversight.—
The Secretary shall encourage each State to make progress toward achievement of the purposes of this subsection.”
Vehicle Proximity Alert System
Pub. L. 102–240, title I, § 1072, , 105 Stat. 2012, provided that: “The Secretary shall coordinate the field testing of the vehicle proximity alert system and comparable systems to determine their feasibility for use by priority vehicles as an effective railroad-highway grade crossing safety device. In the event the vehicle proximity alert or a comparable system proves to be technologically and economically feasible, the Secretary shall develop and implement appropriate programs under section 130 of title 23, United States Code, to provide for installation of such devices where appropriate.”
Railway-Highway Crossing Hazards; National Highway Information Program Funding
Pub. L. 100–457, title III, § 324, , 102 Stat. 2150, provided that: “Notwithstanding any other provision of law, the Secretary shall make available $250,000 per year for a national public information program to educate the public of the inherent hazard at railway-highway crossings. Such funds shall be made available out of funds authorized to be appropriated out of the Highway Trust Fund, pursuant to section 130 of title 23, United States Code.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 100–202, § 101(l) [title III, § 339], , 101 Stat. 1329–358, 1329–386.
Railroad-Highway Crossings Study and Report
Pub. L. 100–17, title I, § 159, , 101 Stat. 211, directed Secretary of Transportation to conduct a study of national highway-railroad crossing improvement and maintenance needs, with Secretary to consult with State highway administrations, the Association of American Railroads, highway safety groups, and any other appropriate entities in carrying out this study, and directed Secretary, not later than 24 months after , to submit a final report to Congress on results of the study along with recommendations of how crossing needs can be addressed in a cost effective manner.
Study and Investigation of Alleviation of Environmental, Social, etc., Impacts of Increased Unit Train Traffic
Pub. L. 95–599, title I, § 162, , 92 Stat. 2720, authorized Secretary of Transportation, in cooperation with State highway departments and appropriate officials of local government, to undertake a comprehensive investigation and study of techniques for alleviating the environmental, social, economic, and developmental impacts of increased unit train traffic to meet national energy requirements in communities located along rail corridors experiencing such increased traffic and directed Secretary to report to Congress on results of such investigation and study not later than .
Demonstration Project, Railroad-Highway Crossings; Reports to President and Congress; Appropriations Authorization; Highway Safety Study, Report to Congress
Pub. L. 93–87, title I, § 163, , 87 Stat. 280, as amended by Pub. L. 93–643, § 104, , 88 Stat. 2282; Pub. L. 94–280, title I, § 140(a)–(e), , 90 Stat. 444; Pub. L. 95–599, title I, § 134(a)–(c), , 92 Stat. 2709; Pub. L. 96–470, title II, § 209(b), , 94 Stat. 2245; Pub. L. 97–424, title I, § 151, , 96 Stat. 2132; Pub. L. 100–17, title I, §§ 133(c)(3), 148, , 101 Stat. 172, 181; Pub. L. 100–202, § 101(l) [title III, § 346], , 101 Stat. 1329–358, 1329–388; Pub. L. 102–240, title I, § 1037, , 105 Stat. 1987; Pub. L. 104–66, title I, § 1121(e), , 109 Stat. 724, provided that:
“(a) (1) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Lincoln, Nebraska, Wheeling, West Virginia, and Elko, Nevada, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the respective cities. The cities shall (1) have a local agency with legal authority to relocate railroad facilities, levy taxes for such purpose, and a record of prior accomplishment; and (2) have a current relocation plan for such lines which has a favorable benefit-cost ratio involving and having the unanimous approval of three or more class 1 railroads in Lincoln, Nebraska, and the two class 1 railroads in Wheeling, West Virginia, and Elko, Nevada, and multicivic, local, and State agencies, and which provides for the elimination of a substantial number of the existing railway-road conflict points within the city.
“(2) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Lafayette, Indiana, for relocation of railroad lines from the central area of the city. There are authorized to be appropriated to carry out this paragraph $360,000 for the fiscal year ending .
“(b) The Secretary of Transportation shall carry out a demonstration project for the elimination or protection of certain public ground-level rail-highway crossings in, or in the vicinity of, Springfield, Illinois.
“(c) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Brownsville, Texas, and Matamoros, Mexico, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the Brownsville Navigation District, providing for the construction of an international bridge and for the elimination of a substantial number of existing railway-road conflict points within the cities.
“(d) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in East Saint Louis, Illinois, for the relocation of rail lines between Thirteenth and Forty-third Streets, in accordance with methodology approved by the Secretary. The Secretary of Transportation shall carry out a demonstration project for the relocation of rail lines in the vicinity of Carbondale, Illinois.
“(e) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in New Albany, Indiana, for the elimination of the existing rail loop and relocation of rail lines to a location between Vincennes Street and East Eighth Street, in accordance with methodology approved by the Secretary.
“(f) The Secretary of Transportation shall carry out demonstration projects for the construction of an overpass at the rail-highway grade crossing on Cottage Grove Avenue between One Hundred Forty-second Street and One Hundred Thirty-eighth Street in the village of Dolton, Illinois, and the construction of an overpass at the rail-highway grade crossing at Vermont Street and the Rock Island Railroad tracks in the city of Blue Island, Illinois.
“(g) The Secretary of Transportation shall carry out a demonstration project for the elimination of the ground level railroad highway crossing on United States Route 69 in Greenville, Texas.
“(h) The Secretary of Transportation shall carry out a demonstration project in Anoka, Minnesota, for the construction of an underpass at the Seventh Avenue and County Road 7 railroad-highway grade crossing.
“(i) The Secretary of Transportation shall carry out a demonstration project in Metairie, Jefferson Parish, Louisiana, for the relocation or grade separation of rail lines whichever he deems most feasible in order to eliminate certain grade level railroad highway crossings.
“(j) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Augusta, Georgia, for the relocation of railroad lines and for the purpose of eliminating highway railroad grade crossings.
“(k) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Pine Bluff, Arkansas, for the relocation of railroad lines for the purpose of eliminating highway railroad grade crossings.
“(l) The Secretary of Transportation shall carry out a demonstration project in Sherman, Texas, for the relocation of rail lines in order to eliminate the ground level railroad crossing at the crossing of the Southern Pacific and Frisco Railroads with Grand Avenue-Roberts Road.
“(m) The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Hammond, Indiana, for the relocation of railroad lines for the purposes of eliminating highway railroad grade crossings.
“(n) The Federal share payable on account of such projects shall be the Federal share provided in section 120(a) of title 23, United States Code. [sic] except those railroad-highway crossings segments which are already engaged in or have completed the preparation of the plans, specifications and estimates (PS&E) for the construction of the segment involved shall retain the Federal share as specified in subsection [sic] 163(n) [this subsection] as amended by section 134 of the Surface Transportation Assistance Act of 1978 [section 134 of Pub. L. 95–599, title I, , 92 Stat. 2709].
“[(o)
Repealed. Pub. L. 104–66, title I, § 1121(e), , 109 Stat. 724.]
“(p) There is authorized to be appropriated to carry out this section (other than subsection (l)), not to exceed $15,000,000 for the fiscal year ending , $25,000,000 for the fiscal year ending , and $50,000,000 for the fiscal year ending , $6,250,000, for the period beginning , and ending , $26,400,000 for the fiscal year ending , and $51,400,000 for the fiscal year ending , $70,000,000 for the fiscal year ending , and $90,000,000 for the fiscal year ending , $100,000,000 for the fiscal year ending , and $100,000,000 for the fiscal year ending , and $50,000,000 for the fiscal year ending , and $50,000,000 for the fiscal year ending , and $50,000,000 for the fiscal year ending , and $50,000,000 for the fiscal year ending , and $15,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994, except that not more than two-thirds of all funds authorized and expended under authority of this section in any fiscal year shall be appropriated out of the Highway Trust fund. Notwithstanding any other provision of this section, any project which is not under construction, according to the Secretary of Transportation, by , shall not be eligible for additional funds under this authorization.
“(q) The Secretary, in cooperation with State highway departments and local officials, shall conduct a full and complete investigation and study of the problem of providing increased highway safety by the relocation of railroad lines from the central area of cities on a nationwide basis, and report to the Congress his recommendations resulting from such investigation and study not later than , including an estimate of the cost of such a program. Funds authorized to carry out section 307 of title 23, United States Code, are authorized to be used to carry out the investigation and study required by this subsection.”
Demonstration Project, Railroad-Highway Crossings; Inclusion of Projects at Terre Haute, Indiana
Pub. L. 94–387, title I, § 101, , 90 Stat. 1176, provided in part: “That section 163 of Public Law 93–87 [set out as a note above] is hereby amended to include projects at Terre Haute, Indiana.”
Railroad-Highway Crossings
Pub. L. 93–87, title II, § 203, , 87 Stat. 283, as amended by Pub. L. 94–280, title II, § 203, , 90 Stat. 452; Pub. L. 95–599, title II, § 203, , 92 Stat. 2728; Pub. L. 96–470, title II, § 209(d), , 94 Stat. 2245; Pub. L. 97–327, § 5(b), , 96 Stat. 1612; Pub. L. 97–424, title II, § 205, , 96 Stat. 2139, which directed each State to conduct a survey of all highways to identify those railway crossings requiring separation, relocation, or protective devices and to establish and implement a schedule of projects for such purpose, which at a minimum was to provide for signs at all crossings, authorized appropriations for elimination of hazards of railway-highway crossings, provided for State apportionments and for the Federal share of the costs of projects, required each State to annually report to the Secretary of Transportation and the Secretary of Transportation to annually report to Congress on progress in implementing railroad-highway crossings program, and authorized use of matching funds with local governments for improvement of railroad crossings, was repealed by Pub. L. 100–17, title I, § 121(b), , 101 Stat. 160.
Highway authorizations provisions of section 104(a)(1) and (2) of Pub. L. 93–87, title I, , 87 Stat. 251, referred to in section 203(d) of Pub. L. 93–87 provided that:
“(a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated:
“(1) For the Federal-aid primary system in rural areas, out of the Highway Trust Fund, $680,000,000 for the fiscal year ending , $700,000,000 for the fiscal year ending , and $700,000,000 for the fiscal year ending . For the Federal-aid secondary system in rural areas, out of Highway Trust Fund, $390,000,000 for the fiscal year ending , $400,000,000 for the fiscal year ending , and $400,000,000 for the fiscal year ending .
“(2) For the Federal-aid urban system, out of the Highway Trust Fund, $780,000,000 for the fiscal year ending , $800,000,000 for the fiscal year ending , and $800,000,000 for the fiscal year ending . For the extensions of the Federal-aid primary and secondary systems in urban areas, out of the Highway Trust Fund $290,000,000 for the fiscal year ending , $300,000,000 for the fiscal year ending , and $300,000,000 for the fiscal year ending .”
Credits
1958–2021 · 11 acts
- 1958Pub. L. 85–767, , 72 Stat. 903
- 1987Pub. L. 100–17, title I, § 121(a), , 101 Stat. 159
- 1995Pub. L. 104–59, title III, § 325(a), , 109 Stat. 591
- 1996Pub. L. 104–205, title III, § 353(b), , 110 Stat. 2980
- 1998Pub. L. 105–178, title I, §§ 1111(d), 1202(d), 1212(a)(2)(A)(i), , 112 Stat. 146, 170, 193
- 2005Pub. L. 109–59, title I, § 1401(c), formerly § 1401(d), , 119 Stat. 1226, renumbered § 1401(c), Pub. L. 110–244, title I, § 101(s)(1), , 122 Stat. 1577
- 2008Pub. L. 110–244, title I, § 101(l), , 122 Stat. 1575
- 2008Pub. L. 110–432, div. A, title II, § 204(c), , 122 Stat. 4871
- 2012Pub. L. 112–141, div. A, title I, § 1519(c)(5), formerly § 1519(c)(6), , 126 Stat. 575, renumbered § 1519(c)(5), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), , 129 Stat. 1438
- 2015Pub. L. 114–94, div. A, title I, §§ 1108, 1412, , 129 Stat. 1338, 1416
- 2021Pub. L. 117–58, div. A, title I, §§ 11108(a)–(d), 11525(f), div. B, title II, § 22403(c), , 135 Stat. 461, 607, 736.
Show as published
(Pub. L. 85–767, , 72 Stat. 903; Pub. L. 100–17, title I, § 121(a), , 101 Stat. 159; Pub. L. 104–59, title III, § 325(a), , 109 Stat. 591; Pub. L. 104–205, title III, § 353(b), , 110 Stat. 2980; Pub. L. 105–178, title I, §§ 1111(d), 1202(d), 1212(a)(2)(A)(i), , 112 Stat. 146, 170, 193; Pub. L. 109–59, title I, § 1401(c), formerly § 1401(d), , 119 Stat. 1226, renumbered § 1401(c), Pub. L. 110–244, title I, § 101(s)(1), , 122 Stat. 1577; Pub. L. 110–244, title I, § 101(l), , 122 Stat. 1575; Pub. L. 110–432, div. A, title II, § 204(c), , 122 Stat. 4871; Pub. L. 112–141, div. A, title I, § 1519(c)(5), formerly § 1519(c)(6), , 126 Stat. 575, renumbered § 1519(c)(5), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), , 129 Stat. 1438; Pub. L. 114–94, div. A, title I, §§ 1108, 1412, , 129 Stat. 1338, 1416; Pub. L. 117–58, div. A, title I, §§ 11108(a)–(d), 11525(f), div. B, title II, § 22403(c), , 135 Stat. 461, 607, 736.)