[Congressional Record Volume 150, Number 5 (Monday, January 26, 2004)]
[Senate]
[Pages S248-S250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE:
  S. 2025. A bill to amend title 23, United States Code, to improve 
highway safety; to the Committee on Environment and Public Works.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2025

       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

[[Page S249]]

     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.--

[[Page S250]]

       ``(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.
                                 ______