Highway Safety Improvement Program

Highway Safety Improvement Program
Current Law	Administration Proposal H.R. 2088 & S. 1072 as Modified SAFETEA of 2003	House H.R. 3 as Passed House TEA-LU	Senate H.R. 3 as Passed Senate SAFETEA of 2005
	Section 1402	Section 1401	Section 1401
Rail-Highway Crossings (sec. 130) and Hazard Elimination (sec. 152)	Highway Safety Improvement Program	Highway Safety Improvement Program	Highway Safety Improvement Program
10% setaside from STP, totaled $648 million in FY2003	New stand alone program (replaces STP setaside).	Continues (current law) Rail-Highway Crossings and Hazard Elimination programs, but funded by single stand-alone authorization for 2005-2009. [1101(a)(4)]	Similar to Administration bill - new stand-alone program funded at $6.6 B over 5 years.
Programs to reduce the number and severity of crashes at public highway-rail grade crossings (Section 130) and correct or improve hazardous locations, sections, and elements on any public road, public surface transportation facility, or public bike/ped path or trail (Sec. 152).	Sections 152 and 130 activities remain eligible under new "core" highway safety improvement program (HSIP), which emphasizes a proactive approach to safety through State strategic highway safety plans that address all aspects of safety, based on improved State data collection and analysis and collaboration with major State and local safety stakeholders. Program components include strategic and performance based goals, safety data improvements, and a process to assess results of safety projects. Provides funding flexibility for States that develop and implement a strategic highway safety plan.	No comparable provision	Similar to Administration bill, but State strategic highway safety plan is mandatory (prior to obligation of funds). Plan must be established before the beginning of the 2nd fiscal year following enactment. In the interim, State may use funds for projects that were eligible under current law (sec. 130 & 152). Secretary may grant exceptions after the deadline for one additional year, based on State's progress in developing plan. If a State doesn't have a strategic safety plan within 2 years, HSIP funds to be redistributed to other States.
From STP safety setaside, funds reserved separately for sec's 130 and 152 based on 1991 apportionments (50% of amount reserved for sec. 130 must go to protective devices - approx. $77M/year during TEA-21). Remainder of STP safety setaside may be used for either program. Separate setaside for Operation Lifesaver (see below)	Funds to be apportioned using identical formula to that currently used for STP; 1/2% minimum. Eliminates setaside for protective devices. No provision to maintain STP suballocation ratio. Continues setaside for Operation Lifesaver from STP (see below)	Continues to fund railway-highway crossings (sec.130) and Hazard Elimination (sec. 152) separately, split 1/3 -2/3 respectively. Amends STP to maintain suballocation ratio. [1401(e)] Adds provision that if a State has met needs for protective devices, reserved funds may be used for other section 130 projects [1401(d)] beginning in 2006 [1401(g)].	Funds to be apportioned using identical formula to that currently used for STP; 1/2% minimum. No provision to maintain STP suballocation ratio. Takedown for elimination of hazards and installation of protective devices at railway-highway crossings is $187.7 M/year, half of which is to be used for protective devices. Setasides of $563.2 K/year for Operation Lifesaver and $65.7 M/year for Safe Routes to School (see separate sheet for Safe Routes to School). [1405] State must use a portion of unobligated or excess HSIP funds for bike/ped projects, based on the % of fatalities in the State that involve bicyclists and pedestrians.[1401(a)(1)] Setaside of $2.8 M/year for Strategic Highway Research Program [2001(c)(5)]
Federal share 90% (increased to 100% for certain safety projects)	Same as current law	Federal share 90%	Except as provided in 23USC120 and 130, Federal share is 90%.
Eligibilities include elimination of roadside obstacles, priority control systems for emergency vehicles at intersections, emergency call boxes, traffic control or warning devices at high crash locations, traffic calming, ped/bike safety, signing and pavement markings, active warning devices (lights & gates) and surface improvements at rail-highway crossings, grade separations, and closing or consolidation of crossings.	Emphasizes intersection improvements, pavement and shoulder widening, warning devices such as rumble strips, skid resistance; adds safety conscious planning.	Hazard Elimination: specific eligibilities added for accessibility, police assistance in work zones, installation of barriers in work zones, installation of protective devices at rail-hwy crossings, data [1401(f)] beginning in 2006 [1401(g)] Projects must "reduce likelihood of crashes involving road departures, intersections, pedestrians, the disabled, older drivers or construction work zones". (1401(f)(3)	Similar to Administration bill, but specifically includes construction projects eligible under sec. 130 (including separation or protection of grade crossings) and model traffic enforcement at crossings. Adds workzone safety, guardrails, measures to reduce wildlife collisions, installing and maintaining signs at ped/bike crossings and in school zones. Limits warning devices to those that don't adversely affect pedestrians and bicyclists.
Limited transferability of "optional" (unreserved) funds to non-safety programs	Flexible funding - up to 50% of HSIP funds may be used for sec. 402 if consistent with strategic plan	No change from current law	States with strategic safety plans may use up to 25% of their HSIP funds for other safety projects included in the strategic plan.
	Primary safety belt incentives - 10% of State's HSIP funds must be used for sec. 402 programs unless primary safety belt law enacted or State's safety belt use > 90%.	No similar provision for primary safety belt incentives. Extends current safety belt incentive grant funding thru 2005. [1405] Extends funding for incentive grants to prevent drunk driving thru 2005. [1406(b)]
No comparable provision	No comparable provision	No comparable provision	Transparency - annual report describing at least 5% of locations with most severe safety needs, including assessment of remedies, costs, impediments required to be posted on DOT website; not subject to discovery or to be admitted into evidence in court. [1401(a)(1)]
Other Safety Provisions
National Highway Safety Advisory Committee (23USC404)	National Blue Ribbon Commission on Highway Safety established. [1402]	No comparable provision	No comparable provision
Operation Lifesaver - setaside of $500,000/year from STP	Increase to $600,000 setaside from STP (sec.1403)	Increases annual setaside to $600,000 as in Administration bill [1401(b)(2)]; beginning in 2005, source of funding is setaside from sec. 130 funds. [1401(b)]	Increases setaside to $563.2 M, but changes source of funding to HSIP [1402]
Rail-hwy. Crossing Haz. Elim. In Hi-speed Rail Corridors - $5.25M/year setaside from STP; $250K/year earmark for Midwest High Speed Rail Corridor. GF authorization of $15M/year for 1999-2003 (never appropriated).	No change to current law; does not extend GF authorization	Increases setaside; extends earmark. Expands designated corridors in New England and Texas. [1401(c)]	Same as Administration bill
No comparable provision	No comparable provision	Road Safety Sec'y to enter into agreement with national non-profit organization, dedicated solely to improving public road safety, for improved data, public awareness, research & technology transfer. Funded at $500 K/year for 2005-2009 [1125(a)]	No comparable provision
No comparable provision	No comparable provision	Bike/Ped Safety Grants. Authorizes $500 K/year to fund bike/ped clearinghouse. [1125(b)]	No comparable provision
No comparable provision	No comparable provision	High Risk Rural Road Safety Improvement Program -- provides separate authorization to fund construction and operational improvements to improve safety on high risk rural roads; to be apportioned based on State's percentage share of total U.S. rural road mileage, rural population, VMT. [1403]	No comparable provision
No comparable provision	No comparable provision	No comparable provision	Roadway Safety Improvements for Older Drivers/Pedestrians program, funded at $23.5 M/year out of the HTF, for projects in all States to improve traffic signs and pavement markings. [1401(a)(1)]
No comparable provision	No comparable provision	No comparable provision	Safe Intersections -- amends chapter 2 of Title 18 to establish penalties (fines and imprisonment) for sale or use of traffic signal preemption transmitters. [1410]
No comparable provision	No comparable provision	Toll Facilities Workplace Safety Study -- to determine safety of toll collectors at toll facilities. Funded at $500 K for 2005. [1807]	No comparable provision
No comparable provision	No comparable provision	Motorcycle Advisory Council - Sec'y to establish a council to coordinate and advise on issues of concern to motorcyclists. [1831]	No comparable provision
Work Zone Safety
No comparable provision	No comparable provision	Temporary Traffic Control Devices -- no funds may be spent on a Federal-aid highway unless temporary traffic control devices to improve safety in work zones are used. [1107]	No comparable provision
No comparable provision	No comparable provision	WZS Regs-- Within one year of enactment, Sec'y must issue regs on worker injury protection and free flow of traffic in work zones. [1402]	No comparable provision
No comparable provision	No comparable provision	Workzone Safety Grants -- authorizes $5 M/year for 2005-2009 for grants to nonprofit organization to provide training to prevent workzone injuries and fatalities. [1809(a)]	No comparable provision
No comparable provision	No comparable provision	National Workzone Safety Clearinghouse - Authorizes $1 M/year for grants to a national nonprofit foundation for operation of Clearinghouse. [1823]	Workzones - recommends insurance and ITS workzone safety features for projects over $15M, plus 5% of project cost, unless State certifies that safety won't be adversely affected. [1407] Requires that the Secretary issue regs within 1 year of enactment related to safety of workers and free flow of traffic [1408]

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