Reauthorizing Federal Behavioral Highway Safety Programs Presentation by Barbara Harsha, Executive Director Governors Highway Safety Association March 2005

Current TEA-21 Behavioral Safety Programs 402 Program Seven incentive programs (2 impaired driving, 4 occupant protection, 1 data) Two penalties (open container, repeat offender).08 BAC sanction added in FY 2000 appropriations legislation Authority for all behavioral programs ended on Sept. 30, 2003 Congress extended authority six times to allow time to reach agreement on new authorization

H.R. 3 House Transportation and Infrastructure Bill (TEA-LU) Introduced in February, enacted in House March 9 Continues Section 402 program but changes allocation formula for smaller states. Makes other minor changes in 402 program

H.R. 3 – Occupant Protection Amends Section 405 occupant protection incentive program: – State receives funds if safety belt use rate is 85% or higher 0R – if it satisfies current 405 eligibility criteria – No flexibility between Section 405 program and HSIP

H.R. 3- Impaired Driving Amends current Section 410 program: – state receives funds if its alcohol-related MV fatality rate is 0.5 per 100 million VMT or lower OR – if it satisfies 6 out of 10 criteria in FY 2006 and 2007, 7 out of 10 criteria in FY 2008 and 2009 (ALR law, underage drinking program, sobriety checkpoint/saturation patrol, GDL law, high BAC program, judicial outreach program, BAC testing program, self-sustaining DUI program, effective alcohol rehab program, impoundment program) – high risk states receive additional funding

H.R. 3- Data Improvement Authorizes data improvement incentive program - states have to certify they are using MMUCC - states have to have multi-year strategic plan, have an active TRCC,show progress in implementing plan, and indicate how funds will be spent - at least $300,000 first year - at least $500,000 subsequent years

H.R. 3 – Booster Seats Authorizes new Section 2007 booster seat program for states enacting and enforcing booster seat law - eligible states can use funds for CPS education, training, purchase and distribution of car seats, enforcement - funded at $5 million a year

H.R. 3 – Motorcycle safety Authorizes new Section 2009 incentive program for motorcycle education and training program - states have to satisfy one criteria in first year, two in second, third and fourth years and three in fifth and sixth years - criteria include: statewide training course, motorist awareness program, reduction in fatalities and fatality rate, program to reduce impaired motorcyclists, reduction in impaired fatalities and fatality rate, self- sufficient program Funded at $5 million a year

H.R. 3 – Racial Profiling Authorizes new Section 1810 program for racial profiling incentive grants - state would have to enact and enforce racial profiling law - state must maintain and allow public inspection of data on traffic stops Funds can be used for data collection, data evaluation, developing and implementing programs to reduce racial profiling, enforcement Authorized at $10 million a year

H.R. 3 - Other 405, 410 and 412 can be flexed between programs to maximize state allocations Authorizes $15 million a year for national mobilizations Fixes problem with repeat offender language No language on program oversight No changes in penalties or sanctions and no new penalties or sanctions

Behavioral Safety Funding in H.R Prog.FY 2004FY 2005FY 2006FY 2007FY 2008FY Total445* * Includes $222 million transfer of FHWA funds for 157 and 163 programs

Senate Reauthorization Bill Senate Commerce Committee has jurisdiction over safety programs New Chairman, ranking minority member, subcommittee chairman and subcommittee ranking member Bill will be introduced after Easter recess It will be somewhat different than version enacted by Senate last year Senate not expected to act on reauthorization until late April

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