[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2025 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2025

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2004

  Mr. DeWine introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Streets and Highways Act of 
2004''.

SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) In General.--Section 148 of title 23, United States Code, is 
amended to read as follows:
``Sec. 148. Highway safety improvement program
    ``(a) Definitions.--In this section:
            ``(1) Highway safety improvement program.--The term 
        `highway safety improvement program' means the program carried 
        out under this section.
            ``(2) Highway safety improvement project.--
                    ``(A) In general.--The term `highway safety 
                improvement project' means a project described in the 
                State strategic highway safety plan that--
                            ``(i) corrects or improves a hazardous road 
                        location or feature; or
                            ``(ii) addresses a highway safety problem.
                    ``(B) Inclusions.--The term `highway safety 
                improvement project' includes a project for--
                            ``(i) an intersection safety improvement;
                            ``(ii) pavement and shoulder widening 
                        (including addition of a passing lane to remedy 
                        an unsafe condition);
                            ``(iii) installation of rumble strips or 
                        another warning device, if the rumble strips or 
                        other warning devices do not adversely affect 
                        the safety or mobility of bicyclists and 
                        pedestrians;
                            ``(iv) installation of a skid-resistant 
                        surface at an intersection or other location 
                        with a high frequency of accidents;
                            ``(v) an improvement for pedestrian or 
                        bicyclist safety;
                            ``(vi)(I) construction of any project for 
                        the elimination of hazards at a railway-highway 
                        crossing that is eligible for funding under 
                        section 130, including the separation or 
                        protection of grades at railway-highway 
                        crossings;
                            ``(II) construction of a railway-highway 
                        crossing safety feature; or
                            ``(III) the conduct of a model traffic 
                        enforcement activity at a railway-highway 
                        crossing;
                            ``(vii) construction of a traffic calming 
                        feature;
                            ``(viii) elimination of a roadside 
                        obstacle;
                            ``(ix) improvement of highway signage and 
                        pavement markings;
                            ``(x) installation of a priority control 
                        system for emergency vehicles at signalized 
                        intersections;
                            ``(xi) installation of a traffic control or 
                        other warning device at a location with high 
                        accident potential;
                            ``(xii) safety-conscious planning;
                            ``(xiii) improvement in the collection and 
                        analysis of crash data;
                            ``(xiv) planning, equipment, operational 
                        activities, or traffic enforcement activities 
                        (including police assistance) relating to 
                        workzone safety;
                            ``(xv) installation of guardrails, barriers 
                        (including barriers between construction work 
                        zones and traffic lanes for the safety of 
                        motorists and workers), and crash attenuators;
                            ``(xvi) the addition or retrofitting of 
                        structures or other measures to eliminate or 
                        reduce accidents involving vehicles and 
                        wildlife; or
                            ``(xvii) installation and maintenance of 
                        signs (including fluorescent, yellow-green 
                        signs, and signs designed to identify, or 
                        reduce the number and severity of accidents 
                        occurring at, a hazardous location) at 
                        pedestrian-bicycle crossings and in school 
                        zones.
            ``(3) Safety project under any other section.--
                    ``(A) In general.--The term `safety project under 
                any other section' means a project carried out for the 
                purpose of safety under any other section of this 
                title.
                    ``(B) Inclusion.--The term `safety project under 
                any other section' includes a project to--
                            ``(i) promote the awareness of the public 
                        and educate the public concerning highway 
                        safety matters; or
                            ``(ii) enforce highway safety laws.
            ``(4) State highway safety improvement program.--The term 
        `State highway safety improvement program' means projects or 
        strategies included in the State strategic highway safety plan 
        carried out as part of the State transportation improvement 
        program under section 135(f).
            ``(5) State strategic highway safety plan.--The term `State 
        strategic highway safety plan' means a plan developed by the 
State transportation department that--
                    ``(A) is developed after consultation with--
                            ``(i) a highway safety representative of 
                        the Governor of the State;
                            ``(ii) regional transportation planning 
                        organizations, if any;
                            ``(iii) representatives of major modes of 
                        transportation;
                            ``(iv) local traffic enforcement and 
                        engineering officials;
                            ``(v) persons responsible for administering 
                        section 130 at the State level;
                            ``(vi) representatives conducting Operation 
                        Lifesaver;
                            ``(vii) representatives conducting a motor 
                        carrier safety program under section 31104 or 
                        31107 of title 49;
                            ``(viii) motor vehicle administration 
                        agencies; and
                            ``(ix) other major State and local safety 
                        stakeholders;
                    ``(B) analyzes and makes effective use of State, 
                regional, or local crash data;
                    ``(C) addresses engineering, management, operation, 
                education, enforcement, and emergency services elements 
                of highway safety as key factors in evaluating highway 
                projects;
                    ``(D) considers safety needs of, and high-fatality 
                segments of, public roads;
                    ``(E) considers the results of State, regional, or 
                local transportation and highway safety planning 
                processes in existence as of the date of enactment of 
                this section;
                    ``(F) describes a program of projects or strategies 
                to reduce or eliminate safety hazards;
                    ``(G) is approved by the Governor of the State or a 
                responsible State agency; and
                    ``(H) is consistent with the requirements of 
                section 135(f).
    ``(b) Program.--
            ``(1) In general.--The Secretary shall carry out a highway 
        safety improvement program.
            ``(2) Purpose.--The purpose of the highway safety 
        improvement program shall be to achieve a significant reduction 
        in traffic fatalities and serious injuries on public roads.
    ``(c) Eligibility.--
            ``(1) In general.--To receive funds under this section, a 
        State shall have in effect a State highway safety improvement 
        program under which the State--
                    ``(A) develops and implements a State strategic 
                highway safety plan that identifies and analyzes 
                highway safety problems and opportunities as provided 
                in paragraph (2);
                    ``(B) produces a program of projects or strategies 
                to reduce identified safety problems; and
                    ``(C) evaluates the plan on a regular basis to 
                ensure the accuracy of the data and priority of 
                proposed improvements.
            ``(2) Identification and analysis of highway safety 
        problems and opportunities.--As part of the State strategic 
        highway safety plan, a State shall--
                    ``(A) have in place a crash data system with the 
                ability to perform safety problem identification and 
                countermeasure analysis;
                    ``(B) based on the analysis required by 
                subparagraph (A)--
                            ``(i) identify hazardous locations, 
                        sections, and elements (including roadside 
                        obstacles, railway-highway crossing needs, and 
                        unmarked or poorly marked roads) that 
                        constitute a danger to motorists, bicyclists, 
                        pedestrians, and other highway users; and
                            ``(ii) using such criteria as the State 
                        determines to be appropriate, establish the 
                        relative severity of those locations, in terms 
                        of accidents, injuries, deaths, and other 
                        relevant data;
                    ``(C) adopt strategic and performance-based goals 
                that--
                            ``(i) address traffic safety, including 
                        behavioral and infrastructure problems and 
                        opportunities on all public roads;
                            ``(ii) focus resources on areas of greatest 
                        need; and
                            ``(iii) are coordinated with other State 
                        highway safety programs;
                    ``(D) advance the capabilities of the State for 
                traffic records data collection, analysis, and 
                integration with other sources of safety data (such as 
                road inventories) in a manner that--
                            ``(i) complements the State highway safety 
                        program under chapter 4 and the commercial 
vehicle safety plan under section 31102 of title 49;
                            ``(ii) includes all public roads;
                            ``(iii) identifies hazardous locations, 
                        sections, and elements on public roads that 
                        constitute a danger to motorists, bicyclists, 
                        and pedestrians; and
                            ``(iv) includes a means of identifying the 
                        relative severity of hazardous locations 
                        described in clause (iii) in terms of 
                        accidents, injuries, and deaths;
                    ``(E)(i) determine priorities for the correction of 
                hazardous road locations, sections, and elements 
                (including railway-highway crossing improvements), as 
                identified through crash data analysis;
                    ``(ii) identify opportunities for preventing the 
                development of such hazardous conditions; and
                    ``(iii) establish and implement a schedule of 
                highway safety improvement projects for hazard 
                correction and hazard prevention; and
                    ``(F)(i) establish an evaluation process to analyze 
                and assess results achieved by highway safety 
                improvement projects carried out in accordance with 
                procedures and criteria established by this section; 
                and
                    ``(ii) use the information obtained under clause 
                (i) in setting priorities for highway safety 
                improvement projects.
    ``(d) Eligible Projects.--
            ``(1) In general.--A State may obligate funds apportioned 
        to the State under this section to carry out--
                    ``(A) any highway safety improvement project on any 
                public road or publicly owned bicycle or pedestrian 
                pathway or trail; or
                    ``(B) as provided in subsection (e), for other 
                safety projects.
            ``(2) Use of other funding for safety.--
                    ``(A) Effect of section.--Nothing in this section 
                prohibits the use of funds made available under other 
                provisions of this title for highway safety improvement 
                projects.
                    ``(B) Use of other funds.--States are encouraged to 
                address the full scope of their safety needs and 
                opportunities by using funds made available under other 
                provisions of this title (except a provision that 
                specifically prohibits that use).
            ``(3) Low-tech, low-cost safety improvements.--
                    ``(A) Program.--Each State shall carry out a 
                program for the reduction of accidents, injuries, and 
                deaths at hazardous locations through means described 
                in clauses (i), (ii), (v), (ix), (xi), and (xvii) of 
                subsection (a)(2)(B).
                    ``(B) Funds.--Of the funds apportioned to a State 
                under this section for a fiscal year, 10 percent shall 
                be available only for safety programs described in 
                subparagraph (A).
    ``(e) Flexible Funding for States With a Strategic Highway Safety 
Plan.--
            ``(1) In general.--To further the implementation of a State 
        strategic highway safety plan, a State may use up to 25 percent 
        of the amount of funds made available under this section for a 
        fiscal year to carry out safety projects under any other 
        section as provided in the State strategic highway safety plan.
            ``(2) Other transportation and highway safety plans.--
        Nothing in this subsection requires a State to revise any State 
        process, plan, or program in effect on the date of enactment of 
        this section.
    ``(f) Reports.--
            ``(1) In general.--A State shall submit to the Secretary a 
        report that--
                    ``(A) describes progress being made to implement 
                highway safety improvement projects under this section;
                    ``(B) assesses the effectiveness of those 
                improvements;
                    ``(C) describes the extent to which the 
                improvements funded under this section contribute to 
                the goals of--
                            ``(i) reducing the number of fatalities on 
                        roadways;
                            ``(ii) reducing the number of roadway-
                        related injuries;
                            ``(iii) reducing the occurrences of 
                        roadway-related accidents;
                            ``(iv) mitigating the consequences of 
                        roadway-related accidents; and
                            ``(v) reducing the occurrences of roadway-
                        railroad grade crossing accidents;
                    ``(D) describes the most severe hazardous locations 
                in the State identified under subsection (c)(2), 
                including not less than 5 percent of locations 
                determined by the State to be most hazardous or 
                potentially hazardous in terms of accidents, injuries, 
                and deaths; and
                    ``(E) contains an assessment of--
                            ``(i) potential remedies to hazardous 
                        locations identified;
                            ``(ii) estimated costs associated with 
                        those remedies; and
                            ``(iii) impediments to implementation other 
                        than cost associated with those remedies.
            ``(2) Contents; schedule.--The Secretary shall establish 
        the content and schedule for a report under paragraph (1).
            ``(3) Transparency.--The Secretary shall make reports under 
        paragraph (1) available to the public through--
                    ``(A) the Internet site of the Department; and
                    ``(B) such other means as the Secretary determines 
                to be appropriate.
            ``(4) Waiver of liability.--Notwithstanding any other 
        provision of law, no report, survey, schedule, list, or other 
        data compiled or collected for any purpose directly or 
        indirectly relating to paragraph (1), or published by the 
Secretary in accordance with paragraph (3), shall be--
                    ``(A) subject to discovery or admitted into 
                evidence in any Federal or State judicial proceeding; 
                or
                    ``(B) considered for any other purpose in any 
                action for damages arising from an occurrence at a 
                location identified or addressed in the report, survey, 
                schedule, list, or other collection of data.
    ``(g) Federal Share of Highway Safety Improvement Projects.--The 
Federal share of the cost of a highway safety improvement project 
carried out with funds made available under this section shall be 90 
percent.''.
            (2) Allocations of apportioned funds.--Section 133(d) of 
        title 23, United States Code, is amended--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively;
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (B))--
                            (i) in the first sentence of subparagraph 
                        (A)--
                                    (I) by striking ``subparagraphs (C) 
                                and (D)'' and inserting ``subparagraph 
                                (C)''; and
                                    (II) by striking ``80 percent'' and 
                                inserting ``90 percent'';
                            (ii) by striking subparagraph (C);
                            (iii) by redesignating subparagraphs (D) 
                        and (E) as subparagraphs (C) and (D), 
                        respectively; and
                            (iv) in subparagraph (C) (as redesignated 
                        by clause (iii)), by adding a period at the 
                        end; and
                    (D) in paragraph (4)(A) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (2)'' and 
                inserting ``paragraph (1)''.
            (3) Conforming amendments.--
                    (A) The analysis for chapter 1 of title 23, United 
                States Code, is amended by striking the item relating 
                to section 148 and inserting the following:

``148. Highway safety improvement program.''.
                    (B) Sections 154, 164, and 409 of title 23, United 
                States Code, are amended by striking ``152'' each place 
                it appears and inserting ``148''.
    (b) Apportionment of Highway Safety Improvement Program Funds.--
Section 104(b) of title 23, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        after ``Improvement program,'' the following: ``the highway 
        safety improvement program,''; and
            (2) by adding at the end the following:
            ``(5) Highway safety improvement program.--
                    ``(A) In general.--For the highway safety 
                improvement program, in accordance with the following 
                formula:
                            ``(i) 25 percent of the apportionments in 
                        the ratio that--
                                    ``(I) the total lane miles of 
                                Federal-aid highways in each State; 
                                bears to
                                    ``(II) the total lane miles of 
                                Federal-aid highways in all States.
                            ``(ii) 40 percent of the apportionments in 
                        the ratio that--
                                    ``(I) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in each State; bears to
                                    ``(II) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in all States.
                            ``(iii) 35 percent of the apportionments in 
                        the ratio that--
                                    ``(I) the estimated tax payments 
                                attributable to highway users in each 
                                State paid into the Highway Trust Fund 
                                (other than the Mass Transit Account) 
                                in the latest fiscal year for which 
                                data are available; bears to
                                    ``(II) the estimated tax payments 
                                attributable to highway users in all 
                                States paid into the Highway Trust Fund 
                                (other than the Mass Transit Account) 
                                in the latest fiscal year for which 
                                data are available.
                    ``(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a minimum of 
                \1/2\ of 1 percent of the funds apportioned under this 
                paragraph.''.
    (c) Elimination of Hazards Relating to Highway Facilities.--
            (1) Funds for protective devices.--Section 130(e) of title 
        23, United States Code, is amended--
                    (A) in the heading, by striking ``Protective 
                Devices'' and inserting ``Railway-Highway Crossings'';
                    (B) by striking the first sentence and inserting 
                the following:
            ``(1) In general.--For each fiscal year, at least 
        $200,000,000 of the funds authorized and expended under section 
        148 shall be available for the elimination of hazards and the 
        installation of protective devices at railway-highway 
        crossings.''; and
                    (C) by striking ``Sums authorized'' and inserting 
                the following:
            ``(2) Obligation.--Sums authorized''.
            (2) Biennial reports to congress.--Section 130(g) of title 
        23, United States Code, is amended in the third sentence--
                    (A) by inserting ``and the Committee on Commerce, 
                Science, and Transportation,'' after ``Public Works''; 
                and
                    (B) by striking ``not later than April 1 of each 
                year'' and inserting ``every other year''.
            (3) Expenditure of funds; apportionment.--Section 130 of 
        title 23, United States Code, is amended by adding at the end 
        the following:
    ``(k) Expenditure of Funds; Apportionment.--Funds made available to 
carry out this section shall be--
            ``(1) available for expenditure on compilation and analysis 
        of data in support of activities carried out under subsection 
        (g); and
            ``(2) apportioned in accordance with section 104(b)(5).''.
    (d) Transition.--
            (1) Implementation.--Except as provided in paragraph (2), 
        to qualify for funding under section 148 of title 23, United 
        States Code (as amended by subsection (a)), a State shall 
        develop and implement a State strategic highway safety plan as 
        required by subsection (c) of that section not later than 
        October 1 of the second fiscal year after the date of enactment 
        of this Act.
            (2) Interim period.--
                    (A) In general.--Before October 1 of the second 
                fiscal year after the date of enactment of this Act and 
                until the date on which a State develops and implements 
                a State strategic highway safety plan, the Secretary 
                shall apportion funds to a State for the highway safety 
                improvement program and the State may obligate funds 
                apportioned to the State for the highway safety 
                improvement program under section 148 for projects that 
                were eligible for funding under sections 130 and 152 of 
                that title, as in effect on the day before the date of 
                enactment of this Act.
                    (B) No strategic highway safety plan.--If a State 
                has not developed a strategic highway safety plan by 
                October 1 of the second fiscal year after the date of 
                enactment of this Act, but demonstrates to the 
                satisfaction of the Secretary that progress is being 
                made toward developing and implementing such a plan, 
                the Secretary shall continue to apportion funds for 1 
                additional fiscal year for the highway safety 
                improvement program under section 148 of title 23, 
                United States Code, to the State, and the State may 
                continue to obligate funds apportioned to the State 
                under this section for projects that were eligible for 
                funding under sections 130 and 152 of that title, as in 
                effect on the day before the date of enactment of this 
                Act.
                    (C) Penalty.--If a State has not adopted a 
                strategic highway safety plan by the date that is 2 
                years after the date of enactment of this Act, funds 
                made available to the State under section 1101(6) of 
                the Safe, Accountable, Flexible, and Efficient 
                Transportation Equity Act of 2003 shall be 
                redistributed to other States in accordance with 
                section 104(b) of title 23, United States Code.
                    (D) Additional penalties.--If, for any of fiscal 
                years 2005 through 2009, a State fails to comply with 
                section 148(f)(3) of title 23, United States Code, not 
                less than 5 percent of funds made available to a State 
                under paragraphs (1) and (2) of section 1101 of the 
                Safe, Accountable, Flexible, and Efficient 
                Transportation Equity Act of 2003 for the fiscal year 
                shall be obligated for projects described in section 
                1101(6) of that Act.

SEC. 3. STATE AND COMMUNITY GRANT PROGRAM REVISIONS.

    Section 402(a) of title 23, United States Code, is amended--
            (1) in the fifth sentence, by inserting before the period 
        at the end the following: ``to reduce the number of accidents, 
        injuries, and deaths attributable to hazardous locations on 
        public roads''; and
            (2) by striking the eleventh sentence and inserting the 
        following: ``The criteria shall include, at a minimum, criteria 
        on deaths and injuries resulting from police pursuits, school 
        bus accidents, and speeding, traffic-related deaths and 
        injuries at highway construction sites, and the configuration 
        of commercial motor vehicles involved in motor vehicle 
        accidents (including as a result of hazardous or antiquated 
        roadway design).''.

SEC. 4. OBLIGATION OF FUNDS.

    Section 104 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(m) Proportional Obligation.--
            ``(1) In general.--During each of the periods of fiscal 
        years 2005 through 2006 and fiscal years 2007 through 2009, a 
        State shall make available for the highway safety improvement 
        program under section 148 an amount of obligation authority 
        distributed to the State for Federal-aid highways and highway 
        safety construction programs that is equal to the amount 
        obtained by multiplying--
                    ``(A) the aggregate amount of funds apportioned to 
                the State for the highway safety improvement program 
                during the period; and
                    ``(B) the proportion that--
                            ``(i) the aggregate amount of obligation 
                        authority distributed to the State for Federal-
                        aid highways and highway safety construction 
                        programs during the period; bears to
                            ``(ii) the total of the sums apportioned to 
                        the State for Federal-aid highways and highway 
                        safety construction programs (excluding sums 
                        not subject to an obligation limitation) during 
                        the period.
            ``(2) Joint responsibility.--Each State and the Secretary 
        shall jointly ensure compliance with paragraph (1).''.

SEC. 5. STUDY ON INCREASED SPEEDS.

    (a) Study.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation 
        (referred to in this section as the ``Secretary'') shall 
        conduct a study to examine the effects of increased speed 
        limits enacted by States after 1995.
            (2) Requirements.--The study shall identify empirical data 
        regarding--
                    (A) increases or decreases in driving speeds on 
                Interstate highways since 1995;
                    (B) correlations between changes in driving speeds 
                and accident, injury, and fatality rates;
                    (C) correlations between posted speed limits and 
                observed driving speeds;
                    (D) the overall impact on motor vehicle safety 
                resulting from the repeal of the national maximum speed 
                limit in 1995; and
                    (E) such other matters as the Secretary determines 
                to be appropriate.
    (b) Report.--Not later than 1 year after the date of completion of 
the study under subsection (a), the Secretary shall submit to Congress 
a report that describes the results of the study.
                                 <all>