[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1993 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1993
To amend title 23, United States Code, to provide a highway safety
improvement program that includes incentives to States to enact primary
safety belt laws.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2003
Mr. Warner (for himself and Mrs. Clinton) 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 provide a highway safety
improvement program that includes incentives to States to enact primary
safety belt laws.
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 ``National Highway Safety Act of
2003''.
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) 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) at pedestrian-bicycle crossings and in
school zones.
``(3) Primary safety belt law.--The term `primary safety
belt law' means a law that authorizes a law enforcement officer
to issue a citation for the failure of the operator of, or any
passenger in, a motor vehicle to wear a safety belt as required
by State law, based solely on that failure and without regard
to whether there is any other violation of law.
``(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, if any;
``(iii) representatives of major modes of
transportation;
``(iv) 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
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), 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;
``(C) adopt strategic and performance-based goals
that--
``(i) address traffic safety, including
behavioral and infrastructure problems and
opportunities on all roads and bridges on the
Federal-aid system;
``(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 roads and bridges on
the Federal-aid system; and
``(iii) identifies hazardous locations,
sections, and elements on public roads that
constitute a danger to motorists, bicyclists,
and pedestrians;
``(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--
``(i) road or bridge on the Federal-aid
system; or
``(ii) 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 accidents;
``(iv) mitigating the consequences of
roadway-related accidents; and
``(v) reducing the occurrences of roadway-
railroad grade crossing accidents.
``(2) Contents; schedule.--The Secretary shall establish
the content and schedule for a report under paragraph (1).
``(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.
``(h) Use of Funds.--
``(1) Projects under section 402.--For fiscal year 2005 and
each fiscal year thereafter, 10 percent of the funds made
available to a State under this section shall be obligated for
projects under section 402, unless by October 1 of the fiscal
year, the State--
``(A) has in effect a primary safety belt law; or
``(B) demonstrates that the safety belt use rate in
the State is at least 90 percent.
``(2) Withholding.--
``(A) In general.--For fiscal year 2007, the
Secretary shall withhold 2 percent, and for each fiscal
year thereafter, the Secretary shall withhold 4
percent, of the funds apportioned to a State under
paragraphs (1), (3), and (4) of section 104(b) and
section 144 if, by October 1 of that fiscal year, the
State does not--
``(i) have in effect a primary safety belt
law; or
``(ii) demonstrate that the safety belt use
rate in the State is at least 90 percent.
``(B) Restoration.--If, within 3 years after the
date on which funds are withheld from a State under
subparagraph (A), the State has in effect a primary
safety belt law or has demonstrated that the safety
belt use rate in the State is at least 90 percent, the
apportionment of the State shall be increased by the
amount withheld.
``(C) Lapse.--If, within 3 years after the date on
which funds are withheld from a State under
subparagraph (A), the State does not have in effect a
primary safety belt law or has not demonstrated that
the safety belt use rate in the State is at least 90
percent, the amount withheld shall lapse.''.
(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) 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) 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) shall
be redistributed to other States in accordance with
section 104(b) of title 23, United States Code.
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