II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Streets and High5 ways Act of 2005’’. 

6 SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

7 (a) SAFETY IMPROVEMENT.— 
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1 (1) IN GENERAL.—Section 148 of title 23, 

2 United States Code, is amended to read as follows: 

3 ‘‘§ 148. Highway safety improvement program 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) DRIVER CONDITIONING.—The term ‘driver 

6 conditioning’ means the process by which drivers 

7 learn to respond to specific road conditions and traf8 fic patterns that generally remain consistent over 

9 time, making the driver susceptible to error when 

10 confronted with minor changes in those road condi11 tions or traffic patterns. 

12 ‘‘(2) HIGHWAY SAFETY IMPROVEMENT PRO13 GRAM.—The term ‘highway safety improvement pro14 gram’ means the program carried out under this sec15 tion. 

16 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT

17 PROJECT.— 

18 ‘‘(A) IN GENERAL.—The term ‘highway 

19 safety improvement project’ means a project de20 scribed in the State strategic highway safety 

21 plan that— 

22 ‘‘(i) corrects or improves a hazardous 

23 road location or feature; or 

24 ‘‘(ii) addresses a highway safety prob25 lem. 
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1 ‘‘(B) INCLUSIONS.—The term ‘highway 

2 safety improvement project’ includes a project 

3 for— 

4 ‘‘(i) an intersection safety improve5 ment; 

6 ‘‘(ii) pavement and shoulder widening 

7 (including addition of a passing lane to 

8 remedy an unsafe condition); 

9 ‘‘(iii) installation of rumble strips or 

10 another warning device, if the rumble 

11 strips or other warning devices do not ad12 versely affect the safety or mobility of 

13 bicyclists and pedestrians; 

14 ‘‘(iv) installation of a skid-resistant 

15 surface at an intersection or other location 

16 with a high frequency of accidents; 

17 ‘‘(v) an improvement for pedestrian or 

18 bicyclist safety; 

19 ‘‘(vi)(I) construction of any project for 

20 the elimination of hazards at a railway21 highway crossing that is eligible for fund22 ing under section 130, including the sepa23 ration or protection of grades at railway24 highway crossings; 
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1 ‘‘(II) construction of a railway-high2 way crossing safety feature; or 

3 ‘‘(III) the conduct of a model traffic 

4 enforcement activity at a railway-highway 

5 crossing; 

6 ‘‘(vii) construction of a traffic calming 

7 feature; 

8 ‘‘(viii) elimination of a roadside obsta9 cle; 

10 ‘‘(ix) improvement of highway signage 

11 and pavement markings, including im12 provements designed to implement min13 imum retroflectivity standards in compli14 ance with section 406 of the Department 

15 of Transportation and Related Agencies 

16 Appropriations Act, 1993 (106 Stat. 

17 1564), and signage designed to identify 

18 high-crash locations or address driver con19 ditioning hazards; 

20 ‘‘(x) installation of a priority control 

21 system for emergency vehicles at signalized 

22 intersections; 

23 ‘‘(xi) installation of a traffic control or 

24 other warning device at a location with 

25 high accident potential; 
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1 ‘‘(xii) safety-conscious planning; 

2 ‘‘(xiii) improvement in the collection 

3 and analysis of crash data; 

4 ‘‘(xiv) planning, integrated, interoper5 able emergency communications, equip6 ment, operational activities, or traffic en7 forcement activities (including police as8 sistance) relating to workzone safety; 

9 ‘‘(xv) installation of guardrails, bar10 riers (including barriers between construc11 tion work zones and traffic lanes for the 

12 safety of motorists and workers), and 

13 crash attenuators; 

14 ‘‘(xvi) the addition or retrofitting of 

15 structures or other measures to eliminate 

16 or reduce accidents involving vehicles and 

17 wildlife; or 

18 ‘‘(xvii) installation and maintenance 

19 of signs (including fluorescent, yellow20 green signs) at pedestrian-bicycle crossings 

21 and in school zones. 

22 ‘‘(4) SAFETY PROJECT UNDER ANY OTHER SEC23 TION.— 

24 ‘‘(A) IN GENERAL.—The term ‘safety 

25 project under any other section’ means a 
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1 project carried out for the purpose of safety 

2 under any other section of this title. 

3 ‘‘(B) INCLUSION.—The term ‘safety 

4 project under any other section’ includes a 

5 project to— 

6 ‘‘(i) promote the awareness of the 

7 public and educate the public concerning 

8 highway safety matters; or 

9 ‘‘(ii) enforce highway safety laws. 

10 ‘‘(5) STATE HIGHWAY SAFETY IMPROVEMENT

11 PROGRAM.—The term ‘State highway safety im12 provement program’ means projects or strategies in13 cluded in the State strategic highway safety plan 

14 carried out as part of the State transportation im15 provement program under section 135(f). 

16 ‘‘(6) STATE STRATEGIC HIGHWAY SAFETY

17 PLAN.—The term ‘State strategic highway safety 

18 plan’ means a plan developed by the State transpor19 tation department that— 

20 ‘‘(A) is developed after consultation with— 

21 ‘‘(i) a highway safety representative of 

22 the Governor of the State; 

23 ‘‘(ii) regional transportation planning 

24 organizations and metropolitan planning 

25 organizations, if any; 
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1 ‘‘(iii) representatives of major modes 

2 of transportation; 

3 ‘‘(iv) State and local traffic enforce4 ment officials; 

5 ‘‘(v) persons responsible for admin6 istering section 130 at the State level; 

7 ‘‘(vi) representatives conducting Oper8 ation Lifesaver; 

9 ‘‘(vii) representatives conducting a 

10 motor carrier safety program under section 

11 31104 or 31107 of title 49; 

12 ‘‘(viii) motor vehicle administration 

13 agencies; and 

14 ‘‘(ix) other major State and local safe15 ty stakeholders; 

16 ‘‘(B) analyzes and makes effective use of 

17 State, regional, or local crash data; 

18 ‘‘(C) addresses engineering, management, 

19 operation, education, enforcement, and emer20 gency services elements (including integrated, 

21 interoperable emergency communications) of 

22 highway safety as key factors in evaluating 

23 highway projects; 

24 ‘‘(D) considers safety needs of, and high25 fatality segments of, public roads; 
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1 ‘‘(E) considers the results of State, re2 gional, or local transportation and highway 

3 safety planning processes; 

4 ‘‘(F) describes a program of projects or 

5 strategies to reduce or eliminate safety hazards; 

6 ‘‘(G) is approved by the Governor of the 

7 State or a responsible State agency; and 

8 ‘‘(H) is consistent with the requirements of 

9 section 135(f). 

10 ‘‘(b) PROGRAM.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall carry 

12 out a highway safety improvement program. 

13 ‘‘(2) PURPOSE.—The purpose of the highway 

14 safety improvement program shall be to achieve a 

15 significant reduction in traffic fatalities and serious 

16 injuries on public roads. 

17 ‘‘(c) ELIGIBILITY.— 

18 ‘‘(1) IN GENERAL.—To obligate funds appor19 tioned under section 104(b)(5) to carry out this sec20 tion, a State shall have in effect a State highway 

21 safety improvement program under which the 

22 State— 

23 ‘‘(A) develops and implements a State 

24 strategic highway safety plan that identifies and 
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1 analyzes highway safety problems and opportu2 nities as provided in paragraph (2); 

3 ‘‘(B) produces a program of projects or 

4 strategies to reduce identified safety problems; 

5 ‘‘(C) evaluates the plan on a regular basis 

6 to ensure the accuracy of the data and priority 

7 of proposed improvements; and 

8 ‘‘(D) submits to the Secretary an annual 

9 report that— 

10 ‘‘(i) describes, in a clearly understand11 able fashion, not less than 25 percent of 

12 locations determined by the State, using 

13 criteria established in accordance with 

14 paragraph (2)(B)(ii), as exhibiting the 

15 most severe safety needs; and 

16 ‘‘(ii) contains an assessment of— 

17 ‘‘(I) potential remedies to haz18 ardous locations identified; 

19 ‘‘(II) estimated costs associated 

20 with those remedies; and 

21 ‘‘(III) impediments to implemen22 tation other than cost associated with 

23 those remedies. 

24 ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH25 WAY SAFETY PROBLEMS AND OPPORTUNITIES.—As 
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1 part of the State strategic highway safety plan, a 

2 State shall— 

3 ‘‘(A) have in place a crash data system 

4 with the ability to perform safety problem iden5 tification and countermeasure analysis; 

6 ‘‘(B) based on the analysis required by 

7 subparagraph (A)— 

8 ‘‘(i) identify hazardous locations, sec9 tions, and elements (including roadside ob10 stacles, railway-highway crossing needs, 

11 and unmarked or poorly marked roads) 

12 that constitute a danger to motorists, 

13 bicyclists, pedestrians, and other highway 

14 users; and 

15 ‘‘(ii) using such criteria as the State 

16 determines to be appropriate, establish the 

17 relative severity of those locations, in terms 

18 of accidents, injuries, deaths, traffic vol19 ume levels, and other relevant data; 

20 ‘‘(C) adopt strategic and performance21 based goals that— 

22 ‘‘(i) address traffic safety, including 

23 behavioral and infrastructure problems and 

24 opportunities on all public roads; 
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1 ‘‘(ii) focus resources on areas of 

2 greatest need; and 

3 ‘‘(iii) are coordinated with other State 

4 highway safety programs; 

5 ‘‘(D) advance the capabilities of the State 

6 for traffic records data collection, analysis, and 

7 integration with other sources of safety data 

8 (such as road inventories) in a manner that— 

9 ‘‘(i) complements the State highway 

10 safety program under chapter 4 and the 

11 commercial vehicle safety plan under sec12 tion 31102 of title 49; 

13 ‘‘(ii) includes all public roads; 

14 ‘‘(iii) identifies hazardous locations, 

15 sections, and elements on public roads that 

16 constitute a danger to motorists, bicyclists, 

17 pedestrians, and other highway users; and 

18 ‘‘(iv) includes a means of identifying 

19 the relative severity of hazardous locations 

20 described in clause (iii) in terms of acci21 dents, injuries, deaths, and traffic volume 

22 levels; 

23 ‘‘(E)(i) determine priorities for the correc24 tion of hazardous road locations, sections, and 

25 elements (including railway-highway crossing 
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1 improvements), as identified through crash data 

2 analysis; 

3 ‘‘(ii) identify opportunities for preventing 

4 the development of such hazardous conditions; 

5 and 

6 ‘‘(iii) establish and implement a schedule 

7 of highway safety improvement projects for haz8 ard correction and hazard prevention; and 

9 ‘‘(F)(i) establish an evaluation process to 

10 analyze and assess results achieved by highway 

11 safety improvement projects carried out in ac12 cordance with procedures and criteria estab13 lished by this section; and 

14 ‘‘(ii) use the information obtained under 

15 clause (i) in setting priorities for highway safety 

16 improvement projects. 

17 ‘‘(d) ELIGIBLE PROJECTS.— 

18 ‘‘(1) IN GENERAL.—A State may obligate funds 

19 apportioned to the State under section 104(b)(5) to 

20 carry out— 

21 ‘‘(A) any highway safety improvement 

22 project on any public road or publicly owned bi23 cycle or pedestrian pathway or trail; or 

24 ‘‘(B) as provided in subsection (e), for 

25 other safety projects. 
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1 ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— 

2 ‘‘(A) EFFECT OF SECTION.—Nothing in 

3 this section prohibits the use of funds made 

4 available under other provisions of this title for 

5 highway safety improvement projects. 

6 ‘‘(B) USE OF OTHER FUNDS.—States are 

7 encouraged to address the full scope of their 

8 safety needs and opportunities by using funds 

9 made available under other provisions of this 

10 title (except a provision that specifically pro11 hibits that use). 

12 ‘‘(e) FLEXIBLE FUNDING FOR STATES WITH A STRA13 TEGIC HIGHWAY SAFETY PLAN.— 

14 ‘‘(1) IN GENERAL.—To further the implementa15 tion of a State strategic highway safety plan, a State 

16 may use up to 25 percent of the amount of funds 

17 made available under this section for a fiscal year to 

18 carry out safety projects under any other section as 

19 provided in the State strategic highway safety plan. 

20 ‘‘(2) OTHER TRANSPORTATION AND HIGHWAY

21 SAFETY PLANS.—Nothing in this subsection requires 

22 a State to revise any State process, plan, or program 

23 in effect on the date of enactment of this section. 

24 ‘‘(f) REPORTS.— 
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1 ‘‘(1) IN GENERAL.—A State shall submit to the 

2 Secretary a report that— 

3 ‘‘(A) describes progress being made to im4 plement highway safety improvement projects 

5 under this section; 

6 ‘‘(B) assesses the effectiveness of those im7 provements; and 

8 ‘‘(C) describes the extent to which the im9 provements funded under this section contribute 

10 to the goals of— 

11 ‘‘(i) reducing the number of fatalities 

12 on roadways; 

13 ‘‘(ii) reducing the number of roadway14 related injuries; 

15 ‘‘(iii) reducing the occurrences of 

16 roadway-related crashes; 

17 ‘‘(iv) mitigating the consequences of 

18 roadway-related crashes; and 

19 ‘‘(v) reducing the occurrences of road20 way-railroad grade crossing crashes. 

21 ‘‘(2) CONTENTS; SCHEDULE.—The Secretary 

22 shall establish the content and schedule for a report 

23 under paragraph (1). 
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1 ‘‘(3) TRANSPARENCY.—The Secretary shall 

2 make reports under subsection (c)(1)(D) available to 

3 the public through— 

4 ‘‘(A) the Internet site of the Department; 

5 and 

6 ‘‘(B) such other means as the Secretary 

7 determines to be appropriate. 

8 ‘‘(4) DISCOVERY AND ADMISSION INTO EVI9 DENCE OF CERTAIN REPORTS, SURVEYS, AND INFOR10 MATION.—Notwithstanding any other provision of 

11 law, reports, surveys, schedules, lists, or data com12 piled or collected for any purpose directly relating to 

13 paragraph (1) or subsection (c)(1)(D), or published 

14 by the Secretary in accordance with paragraph (3), 

15 shall not be subject to discovery or admitted into 

16 evidence in a Federal or State court proceeding or 

17 considered for other purposes in any action for dam18 ages arising from any occurrence at a location iden19 tified or addressed in such reports, surveys, sched20 ules, lists, or other data. 

21 ‘‘(g) FEDERAL SHARE OF HIGHWAY SAFETY IM22 PROVEMENT PROJECTS.—Except as provided in sections 

23 120 and 130, the Federal share of the cost of a highway 

24 safety improvement project carried out with funds made 

25 available under this section shall be 90 percent. 
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1 ‘‘(h) FUNDS FOR BICYCLE AND PEDESTRIAN SAFE2 TY.—A State shall allocate for bicycle and pedestrian im3 provements in the State a percentage of the funds remain4 ing after implementation of sections 130(e) and 150, in 

5 an amount that is equal to or greater than the percentage 

6 of all fatal crashes in the States involving bicyclists and 

7 pedestrians. 

8 ‘‘(i) ROADWAY SAFETY IMPROVEMENTS FOR OLDER

9 DRIVERS AND PEDESTRIANS.—For each of fiscal years 

10 2005 through 2010, $25,000,000 is authorized to be ap11 propriated out of the Highway Trust Fund (other than 

12 the Mass Transit Account) for projects in all States to 

13 improve traffic signs and pavement markings in a manner 

14 consistent with the recommendations included in the pub15 lication of the Federal Highway Administration entitled 

16 ‘Guidelines and Recommendations to Accommodate Older 

17 Drivers and Pedestrians (FHWA–RD–01–103)’ and dated 

18 October 2001.’’. 

19 (2) ALLOCATIONS OF APPORTIONED FUNDS.— 

20 Section 133(d) of title 23, United States Code, is 

21 amended— 

22 (A) by striking paragraph (1); 

23 (B) by redesignating paragraphs (2) 

24 through (5) as paragraphs (1) through (4), re25 spectively; 
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1 (C) in paragraph (2) (as redesignated by 

2 subparagraph (B))— 

3 (i) in the first sentence of subpara4 graph (A)— 

5 (I) by striking ‘‘subparagraphs 

6 (C) and (D)’’ and inserting ‘‘subpara7 graph (C)’’; and 

8 (II) by striking ‘‘80 percent’’ and 

9 inserting ‘‘90 percent’’; 

10 (ii) in subparagraph (B), by striking 

11 ‘‘tobe’’ and inserting ‘‘to be’’; 

12 (iii) by striking subparagraph (C); 

13 (iv) by redesignating subparagraphs 

14 (D) and (E) as subparagraphs (C) and 

15 (D), respectively; and 

16 (v) in subparagraph (C) (as redesig17 nated by clause (iv)), by adding a period at 

18 the end; and 

19 (D) in paragraph (4)(A) (as redesignated 

20 by subparagraph (B)), by striking ‘‘paragraph 

21 (2)’’ and inserting ‘‘paragraph (1)’’. 

22 (3) ADMINISTRATION.—Section 133(e) of title 

23 23, United States Code, is amended in each of para24 graphs (3)(B)(i), (5)(A), and (5)(B) of subsection 
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1 (e), by striking ‘‘(d)(2)’’ each place it appears and 

2 inserting ‘‘(d)(1)’’. 

3 (4) CONFORMING AMENDMENTS.— 

4 (A) The analysis for chapter 1 of title 23, 

5 United States Code, is amended by striking the 

6 item relating to section 148 and inserting the 

7 following: 

‘‘148. Highway safety improvement program’’. 

8 (B) Section 104(g) of title 23, United 

9 States Code, is amended in the first sentence by 

10 striking ‘‘sections 130, 144, and 152 of this 

11 title’’ and inserting ‘‘sections 130 and 144’’. 

12 (C) Section 126 of title 23, United States 

13 Code, is amended— 

14 (i) in subsection (a), by inserting 

15 ‘‘under’’ after ‘‘State’s apportionment’’; 

16 and 

17 (ii) in subsection (b)— 

18 (I) in the first sentence, by strik19 ing ‘‘the last sentence of section 

20 133(d)(1) or to section 104(f) or to 

21 section 133(d)(3)’’ and inserting ‘‘sec22 tion 104(f) or 133(d)(2)’’; and 

23 (II) in the second sentence, by 

24 striking ‘‘or 133(d)(2)’’. 
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1 (D) Sections 154, 164, and 409 of title 23, 

2 United States Code, are amended by striking 

3 ‘‘152’’ each place it appears and inserting 

4 ‘‘148’’. 

5 (b) APPORTIONMENT OF HIGHWAY SAFETY IM6 PROVEMENT PROGRAM FUNDS.—Section 104(b) of title 

7 23, United States Code, is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 inserting after ‘‘Improvement program,’’ the fol10 lowing: ‘‘the highway safety improvement program,’’; 

11 and 

12 (2) by adding at the end the following: 

13 ‘‘(5) HIGHWAY SAFETY IMPROVEMENT PRO14 GRAM.— 

15 ‘‘(A) IN GENERAL.—For the highway safe16 ty improvement program, in accordance with 

17 the following formula: 

18 ‘‘(i) 25 percent of the apportionments 

19 in the ratio that— 

20 ‘‘(I) the total lane miles of Fed21 eral-aid highways in each State; bears 

22 to 

23 ‘‘(II) the total lane miles of Fed24 eral-aid highways in all States. 
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1 ‘‘(ii) 40 percent of the apportionments 

2 in the ratio that— 

3 ‘‘(I) the total vehicle miles trav4 eled on lanes on Federal-aid highways 

5 in each State; bears to 

6 ‘‘(II) the total vehicle miles trav7 eled on lanes on Federal-aid highways 

8 in all States. 

9 ‘‘(iii) 35 percent of the apportion10 ments in the ratio that— 

11 ‘‘(I) the estimated tax payments 

12 attributable to highway users in each 

13 State paid into the Highway Trust 

14 Fund (other than the Mass Transit 

15 Account) in the latest fiscal year for 

16 which data are available; bears to 

17 ‘‘(II) the estimated tax payments 

18 attributable to highway users in all 

19 States paid into the Highway Trust 

20 Fund (other than the Mass Transit 

21 Account) in the latest fiscal year for 

22 which data are available. 

23 ‘‘(B) MINIMUM APPORTIONMENT.—Not24 withstanding subparagraph (A), each State 
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shall receive a minimum of 1 1 ⁄2 of 1 percent of 

2 the funds apportioned under this paragraph.’’. 

3 (c) ELIMINATION OF HAZARDS RELATING TO RAIL4 WAY-HIGHWAY CROSSINGS.— 

5 (1) FUNDS FOR RAILWAY-HIGHWAY CROSS6 INGS.—Section 130(e) of title 23, United States 

7 Code, is amended by inserting before ‘‘At least’’ the 

8 following: ‘‘For each fiscal year, at least 

9 $200,000,000 of the funds authorized and expended 

10 under section 148 shall be available for the elimi11 nation of hazards and the installation of protective 

12 devices at railway-highway crossings.’’. 

13 (2) BIENNIAL REPORTS TO CONGRESS.—Sec14 tion 130(g) of title 23, United States Code, is 

15 amended in the third sentence— 

16 (A) by inserting ‘‘and the Committee on 

17 Commerce, Science, and Transportation,’’ after 

18 ‘‘Public Works’’; and 

19 (B) by striking ‘‘not later than April 1 of 

20 each year’’ and inserting ‘‘every other year’’. 

21 (3) EXPENDITURE OF FUNDS.—Section 130 of 

22 title 23, United States Code, is amended by adding 

23 at the end the following: 

24 ‘‘(k) EXPENDITURE OF FUNDS.—Funds made avail25 able to carry out this section shall be— 
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1 ‘‘(1) available for expenditure on compilation 

2 and analysis of data in support of activities carried 

3 out under subsection (g); and 

4 ‘‘(2) apportioned in accordance with section 

5 104(b)(5).’’. 

6 (d) TRANSITION.— 

7 (1) IMPLEMENTATION.—Except as provided in 

8 paragraph (2), the Secretary shall approve obliga9 tions of funds apportioned under section 104(b)(5) 

10 of title 23, United States Code (as added by sub11 section (b)) to carry out section 148 of that title, 

12 only if, not later than October 1 of the second fiscal 

13 year after the date of enactment of this Act, a State 

14 has developed and implemented a State strategic 

15 highway safety plan as required under section 

16 148(c) of that title. 

17 (2) INTERIM PERIOD.— 

18 (A) IN GENERAL.—Before October 1 of the 

19 second fiscal year after the date of enactment 

20 of this Act and until the date on which a State 

21 develops and implements a State strategic high22 way safety plan, the Secretary shall apportion 

23 funds to a State for the highway safety im24 provement program and the State may obligate 

25 funds apportioned to the State for the highway 
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1 safety improvement program under section 148 

2 for projects that were eligible for funding under 

3 sections 130 and 152 of that title, as in effect 

4 on the day before the date of enactment of this 

5 Act. 

6 (B) NO STRATEGIC HIGHWAY SAFETY

7 PLAN.—If a State has not developed a strategic 

8 highway safety plan by October 1 of the second 

9 fiscal year after the date of enactment of this 

10 Act, but demonstrates to the satisfaction of the 

11 Secretary that progress is being made toward 

12 developing and implementing such a plan, the 

13 Secretary shall continue to apportion funds for 

14 1 additional fiscal year for the highway safety 

15 improvement program under section 148 of title 

16 23, United States Code, to the State, and the 

17 State may continue to obligate funds appor18 tioned to the State under this section for 

19 projects that were eligible for funding under 

20 sections 130 and 152 of that title, as in effect 

21 on the day before the date of enactment of this 

22 Act. 

23 (C) PENALTY.—If a State has not adopted 

24 a strategic highway safety plan by the date that 

25 is 2 years after the date of enactment of this 
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1 Act, funds made available to the State under 

2 section 1101(6) shall be redistributed to other 

3 States in accordance with section 104(b)(3) of 

4 title 23, United States Code. 

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