Moving Americans into the 21st Century
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TEA-21 - Transportation Equity Act for the
21st Century Moving Americans into the 21st Century |
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Subtitle D--Safety
SEC. 1401. HAZARD ELIMINATION PROGRAM.
Section 152 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Each'' and inserting the
following:
``(a) In General.--
``(1) Program.--Each'';
(B) by inserting ``, bicyclists,'' after
``motorists'';
(C) by adding at the end the following:
``(2) Hazards.--In carrying out paragraph (1), a State may,
at its discretion--
``(A) identify, through a survey, hazards to
motorists, bicyclists, pedestrians, and users of highway
facilities; and
``(B) develop and implement projects and programs to
address the hazards.''; and
(D) by aligning the remainder of the text of
paragraph (1) (as designated by subparagraph (A) of this
paragraph) with paragraph (2) of such subsection (as
added by subparagraph (C) of this paragraph);
(2) in subsection (b) by striking ``highway safety
improvement project'' and inserting ``safety improvement
project, including a project described in subsection (a)'';
(3) in subsection (c) by striking ``on any public road
(other than a highway on the Interstate System).'' and inserting
the following: ``on--
``(1) any public road;
``(2) any public surface transportation facility or any
publicly owned bicycle or pedestrian pathway or trail; or
``(3) any traffic calming measure.'';
(4) in subsection (e)--
(A) by striking ``apportioned to'' in the first
sentence and all that follows through ``shall be'' in
the second sentence; and
(B) by striking ``section 104(b)(1)'' and inserting
``section 104(b)''; and
(5) in subsections (f) and (g) by striking ``highway safety
improvement projects'' each place it appears and inserting
``safety improvement projects''.
SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES. <<NOTE: Regulations. 23 USC 109
note.>>
(a) Crash Cushions.--
(1) Guidance.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue guidance
regarding the benefits and safety performance of redirective and
nonredirective crash cushions in different road applications,
taking into consideration roadway conditions, operating speed
limits, the location of the crash cushion in the right-of-way,
and any other relevant factors. The guidance shall include
recommendations on the most appropriate circumstances for
utilization of redirective and nonredirective crash cushions.
(2) Use of guidance.--States shall use the guidance issued
under this subsection in evaluating the safety and cost-
effectiveness of utilizing different crash cushion designs and
determining whether directive or nonredirective crash cushions
or other safety appurtenances should be installed at specific
highway locations.
(b) Traffic Flow and Safety Applications of Road Barriers.--
(1) Study.--The Secretary shall conduct a study on the
technologies and methods to enhance safety, streamline
construction, and improve capacity by providing positive
separation at all times between traffic, equipment, and workers
on highway construction projects. The study shall also address
how such technologies can be used to improve capacity and safety
at those specific highway, bridge, and other appropriate
locations where reversible lane, contraflow, and high occupancy
vehicle lane operations are implemented during peak traffic
periods.
(2) Uses to consider.--In conducting the study, the
Secretary shall consider, at a minimum, uses of positive
separation technologies related to--
(A) separating workers from traffic flow when work
is in progress;
(B) providing additional safe work space by
utilizing adjacent and available traffic lanes during
off-peak hours;
(C) rapid deployment to allow for daily or periodic
restoration of lanes for use by traffic during peak
hours as needed;
(D) mitigating congestion caused by construction
by--
(i) opening all adjacent and available lanes
to traffic during peak traffic hours; or
(ii) using reversible lanes to optimize
capacity of the highway by adjusting to
directional traffic flow; and
(E) permanent use of positive separation
technologies to create contraflow or reversible lanes to
increase the capacity of congested highways, bridges,
and tunnels.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study. The report shall include
findings and recommendations for the use of the technologies
referred to in paragraph (2) to provide positive separation on
appropriate projects.
SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 157 and inserting the following:
``Sec. 157. Safety incentive grants for use of seat belts
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include a
vehicle operated solely on a rail line.
``(2) Multipurpose passenger motor vehicle.--The term
`multipurpose passenger motor vehicle' means a motor vehicle
with motive power (except a trailer), designed to carry not more
than 10 individuals, that is constructed on a truck chassis or
is constructed with special features for occasional off-road
operation.
``(3) National average seat belt use rate.--The term
`national average seat belt use rate' means, in the case of each
of calendar years 1996 through 2001, the national average seat
belt use rate for that year, as determined by the Secretary.
``(4) Passenger car.--The term `passenger car' means a motor
vehicle with motive power (except a multipurpose passenger motor
vehicle, motorcycle, or trailer) designed to carry not more than
10 individuals.
``(5) Passenger motor vehicle.--The term `passenger motor
vehicle' means a passenger car or a multipurpose passenger motor
vehicle.
``(6) Savings to the federal government.--The term `savings
to the Federal Government' means the amount of Federal budget
savings relating to Federal medical costs (including savings
under the medicare and medicaid programs under titles XVIII and
XIX of the Social Security Act (42 U.S.C. 1395 et seq.)), as
determined by the Secretary.
``(7) Seat belt.--The term `seat belt' means--
``(A) with respect to an open-body passenger motor
vehicle, including a convertible, an occupant restraint
system consisting of a lap belt or a lap belt and a
detachable shoulder belt; and
``(B) with respect to any other passenger motor
vehicle, an occupant restraint system consisting of
integrated lap and shoulder belts.
``(8) State seat belt use rate.--The term `State seat belt
use rate' means the rate of use of seat belts in passenger motor
vehicles in a State, as measured and submitted to the
Secretary--
``(A) for each of calendar years 1996 and 1997, by
the State, as weighted by the Secretary to ensure
national consistency in methods of measurement (as
determined by the Secretary); and
``(B) for each of calendar years 1998 through 2001,
by the State in a manner consistent with the criteria
established by the Secretary under subsection (e).
``(b) Determinations by the Secretary.--Not later than September 1,
1998, and September 1 of each calendar year thereafter through September
1, 2002, the Secretary shall determine--
``(1)(A) which States had, for each of the previous calendar
years (in this subsection referred to as the `previous calendar
year') and the year preceding the previous calendar year, a
State seat belt use rate greater than the national average seat
belt use rate for that year; and
``(B) in the case of each State described in subparagraph
(A), the amount that is equal to the savings to the Federal
Government due to the amount by which the State seat belt use
rate for the previous calendar year exceeds the national average
seat belt use rate for that year; and
``(2) in the case of each State that is not a State
described in paragraph (1)(A)--
``(A) the base seat belt use rate of the State,
which shall be equal to the highest State seat belt use
rate for the State for any calendar year during the
period of 1996 through the calendar year preceding the
previous calendar year; and
``(B) the amount that is equal to the savings to the
Federal Government due to any increase in the State seat
belt use rate for the previous calendar year over the
base seat belt use rate determined under subparagraph
(A).
``(c) Allocations.--
``(1) States with greater than the national average seat
belt use rate.--Not later than October 1, 1998, and each October
1 thereafter through October 1, 2002, the Secretary shall
allocate to each State described in subsection (b)(1)(A) an
amount equal to the amount determined for the State under
subsection (b)(1)(B).
``(2) Other states.--Not later than October 1, 1998, and
each October 1 thereafter through October 1, 2002, the Secretary
shall allocate to each State described in subsection (b)(2) an
amount equal to the amount determined for the State under
subsection (b)(2)(B).
``(d) Use of Amounts.--For each fiscal year, each State that is
allocated an amount under this section shall use the amount for projects
eligible for assistance under this title.
``(e) Criteria.--Not later than 180 days after the date of enactment
of this section, the Secretary shall establish criteria for the
measurement of State seat belt use rates by States to ensure that the
measurements are accurate and representative.
``(f) Innovative Seat Belt Project Allocations.--
``(1) In general.--The Secretary shall use amounts made
available under subsection (g)(3) to make allocations to States
to carry out innovative projects to promote increased seat belt
use rates.
``(2) Determination of eligibility.--To be eligible to
receive an allocation under this subsection for a fiscal year, a
State shall--
``(A) develop a plan for innovative projects
described in paragraph (1); and
``(B) submit the plan to the Secretary not later
than March 1 of the fiscal year.
``(3) Plan selection.--
``(A) Criteria.--Not later than December 1, 1998,
the Secretary shall establish criteria for the selection
of State plans for allocations under this subsection.
``(B) Selection.--The Secretary shall select State
plans for allocations under this subsection in
accordance with the criteria established under
subparagraph (A).
``(C) States.--In carrying out this paragraph, the
Secretary shall ensure, to the maximum extent
practicable, demographic and geographic diversity and a
diversity of seat belt use rates among the States
selected for allocations.
``(4) Allocation.--Not later than October 1, 1999, and each
October 1 thereafter through October 1, 2002, the Secretary
shall allocate funds to the States whose plans were selected
under paragraph (3).
``(5) Amount of allocations.--Subject to the availability of
unallocated amounts under subsection (g)(3), the amount of each
allocation to a State under this subsection shall be not less
than $100,000 for each fiscal year that is covered by a State
plan.
``(6) Use of allocations.--An allocation to a State under
this subsection shall be used to carry out the innovative seat
belt projects described in the State plan for which the
allocation is awarded.
``(7) Federal share.--The Federal share of the cost of an
innovative seat belt project under this section shall be 100
percent.
``(8) Period of availability.--Amounts allocated to a State
under this subsection shall remain available for obligation in
the State for a period of 3 years after the last day of the
fiscal year for which the amounts are allocated.
``(g) Funding.--
``(1) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $82,000,000 for fiscal year
1999, $92,000,000 for fiscal year 2000, $102,000,000 for fiscal
year 2001, $112,000,000 for fiscal year 2002, and $112,000,000
for fiscal year 2003.
``(2) Proportionate adjustment.--If the total amounts to be
allocated under subsection (c) for any fiscal year would exceed
the amounts authorized for the fiscal year under paragraph (1),
the allocation to each State under subsection (c) shall be
reduced proportionately.
``(3) Use of unallocated funds.--
``(A) Fiscal year 1999.--To the extent that the
amounts made available for fiscal year 1999 under
paragraph (1) exceed the total amounts to be allocated
under subsection (c) for fiscal year 1999, the excess
amounts--
``(i) shall be apportioned in accordance with
section 104(b)(3);
``(ii) shall be considered to be sums made
available for expenditure on the surface
transportation program, except that the amounts
shall not be subject to section 133(d); and
``(iii) shall be available for any purpose
eligible for funding under section 133.
``(B) Fiscal years 2000 through 2003.--To the extent
that the amounts made available for any of fiscal years
2000 through 2003 under paragraph (1) exceed the total
amounts to be allocated under subsection (c) for the
fiscal year, the excess amounts shall be used to make
allocations under subsection (f).''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
157 and inserting the following:
``157. Safety incentive grants for use of seat belts.''.
(c) <<NOTE: 23 USC 157 note.>> Savings Clause.--The amendment made
by subsection (a) shall not affect any funds apportioned or allocated
before the date of enactment of this Act.
SEC. 1404. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY
INTOXICATED PERSONS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons
``(a) General Authority.--The Secretary shall make a grant, in
accordance with this section, to any State that has enacted and is
enforcing a law that provides that any person with a blood alcohol
concentration of 0.08 percent or greater while operating a motor vehicle
in the State shall be deemed to have committed a per se offense of
driving while intoxicated (or an equivalent per se offense).
``(b) Grants.--For each fiscal year, funds authorized to carry out
this section shall be apportioned to each State that has enacted and is
enforcing a law meeting the requirements of subsection (a) in an amount
determined by multiplying--
``(1) the amount authorized to carry out this section for
the fiscal year; by
``(2) the ratio that the amount of funds apportioned to each
such State under section 402 for such fiscal year bears to the
total amount of funds apportioned to all such States under
section 402 for such fiscal year.
``(c) Use of Grants.--A State may obligate funds apportioned under
subsection (b) for any project eligible for assistance under this title.
``(d) Federal Share.--The Federal share of the cost of a project
funded under this section shall be 100 percent.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $55,000,000 for fiscal year
1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal
year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, and $110,000,000 for fiscal year 2003.
``(2) Availability of funds.--Notwithstanding section
118(b)(2), the funds authorized by this subsection shall remain
available until expended.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.''.
