[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 562 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 562

 To amend title 23, United States Code, to improve the highway safety 
   improvement program and provide for a proportional obligation of 
   amounts made available for the highway safety improvement program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2005

 Mr. DeWine (for himself and Mr. Rockefeller) 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 the highway safety 
   improvement program and provide for a proportional obligation of 
   amounts made available for the highway safety improvement program.

    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 
2005''.

SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) Safety Improvement.--
            (1) 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) Driver conditioning.--The term `driver conditioning' 
        means the process by which drivers learn to respond to specific 
        road conditions and traffic patterns that generally remain 
        consistent over time, making the driver susceptible to error 
        when confronted with minor changes in those road conditions or 
        traffic patterns.
            ``(2) Highway safety improvement program.--The term 
        `highway safety improvement program' means the program carried 
        out under this section.
            ``(3) 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, including improvements 
                        designed to implement minimum retroflectivity 
                        standards in compliance with section 406 of the 
                        Department of Transportation and Related 
                        Agencies Appropriations Act, 1993 (106 Stat. 
                        1564), and signage designed to identify high-
                        crash locations or address driver conditioning 
                        hazards;
                            ``(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, integrated, interoperable 
                        emergency communications, 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) at pedestrian-bicycle crossings and in 
                        school zones.
            ``(4) 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.
            ``(5) 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).
            ``(6) 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 and metropolitan planning 
                        organizations, if any;
                            ``(iii) representatives of major modes of 
                        transportation;
                            ``(iv) State and local traffic enforcement 
                        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 
                (including integrated, interoperable emergency 
                communications) 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;
                    ``(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 obligate funds apportioned under 
        section 104(b)(5) to carry out 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;
                    ``(C) evaluates the plan on a regular basis to 
                ensure the accuracy of the data and priority of 
                proposed improvements; and
                    ``(D) submits to the Secretary an annual report 
                that--
                            ``(i) describes, in a clearly 
                        understandable fashion, not less than 25 
                        percent of locations determined by the State, 
                        using criteria established in accordance with 
                        paragraph (2)(B)(ii), as exhibiting the most 
                        severe safety needs; and
                            ``(ii) 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) 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, traffic volume 
                        levels, 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, 
                        pedestrians, and other highway users; and
                            ``(iv) includes a means of identifying the 
                        relative severity of hazardous locations 
                        described in clause (iii) in terms of 
                        accidents, injuries, deaths, and traffic volume 
                        levels;
                    ``(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 section 104(b)(5) 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).
    ``(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; and
                    ``(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 crashes;
                            ``(iv) mitigating the consequences of 
                        roadway-related crashes; and
                            ``(v) reducing the occurrences of roadway-
                        railroad grade crossing crashes.
            ``(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 
        subsection (c)(1)(D) 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) Discovery and admission into evidence of certain 
        reports, surveys, and information.--Notwithstanding any other 
        provision of law, reports, surveys, schedules, lists, or data 
        compiled or collected for any purpose directly relating to 
        paragraph (1) or subsection (c)(1)(D), or published by the 
        Secretary in accordance with paragraph (3), shall not be 
        subject to discovery or admitted into evidence in a Federal or 
        State court proceeding or considered for other purposes in any 
        action for damages arising from any occurrence at a location 
        identified or addressed in such reports, surveys, schedules, 
        lists, or other data.
    ``(g) Federal Share of Highway Safety Improvement Projects.--Except 
as provided in sections 120 and 130, 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.
    ``(h) Funds for Bicycle and Pedestrian Safety.--A State shall 
allocate for bicycle and pedestrian improvements in the State a 
percentage of the funds remaining after implementation of sections 
130(e) and 150, in an amount that is equal to or greater than the 
percentage of all fatal crashes in the States involving bicyclists and 
pedestrians.
    ``(i) Roadway Safety Improvements for Older Drivers and 
Pedestrians.--For each of fiscal years 2005 through 2010, $25,000,000 
is authorized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) for projects in all States to improve 
traffic signs and pavement markings in a manner consistent with the 
recommendations included in the publication of the Federal Highway 
Administration entitled `Guidelines and Recommendations to Accommodate 
Older Drivers and Pedestrians (FHWA-RD-01-103)' and dated October 
2001.''.
            (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) in subparagraph (B), by striking 
                        ``tobe'' and inserting ``to be'';
                            (iii) by striking subparagraph (C);
                            (iv) by redesignating subparagraphs (D) and 
                        (E) as subparagraphs (C) and (D), respectively; 
                        and
                            (v) in subparagraph (C) (as redesignated by 
                        clause (iv)), 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) Administration.--Section 133(e) of title 23, United 
        States Code, is amended in each of paragraphs (3)(B)(i), 
        (5)(A), and (5)(B) of subsection (e), by striking ``(d)(2)'' 
        each place it appears and inserting ``(d)(1)''.
            (4) 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) Section 104(g) of title 23, United States Code, 
                is amended in the first sentence by striking ``sections 
                130, 144, and 152 of this title'' and inserting 
                ``sections 130 and 144''.
                    (C) Section 126 of title 23, United States Code, is 
                amended--
                            (i) in subsection (a), by inserting 
                        ``under'' after ``State's apportionment''; and
                            (ii) in subsection (b)--
                                    (I) in the first sentence, by 
                                striking ``the last sentence of section 
                                133(d)(1) or to section 104(f) or to 
                                section 133(d)(3)'' and inserting 
                                ``section 104(f) or 133(d)(2)''; and
                                    (II) in the second sentence, by 
                                striking ``or 133(d)(2)''.
                    (D) 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 Railway-Highway Crossings.--
            (1) Funds for railway-highway crossings.--Section 130(e) of 
        title 23, United States Code, is amended by inserting before 
        ``At least'' the following: ``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.''.
            (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.--Section 130 of title 23, United 
        States Code, is amended by adding at the end the following:
    ``(k) Expenditure of Funds.--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), 
        the Secretary shall approve obligations of funds apportioned 
        under section 104(b)(5) of title 23, United States Code (as 
        added by subsection (b)) to carry out section 148 of that 
        title, only if, not later than October 1 of the second fiscal 
        year after the date of enactment of this Act, a State has 
        developed and implemented a State strategic highway safety plan 
        as required under section 148(c) of that title.
            (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) shall 
                be redistributed to other States in accordance with 
                section 104(b)(3) of title 23, United States Code.
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