FHWA releases guidelines for safety programs under new infrastructure package

Earlier today, the U.S. Department of Transportation’s Federal Highway Administration (FHWA) released guidelines for the Highway Safety Improvement Program (HSIP) under the new Infrastructure Investment and Jobs Act (IIJA).

The guidance outlines eligibilities under the HSIP, along with defining guidance for new special rules that  fall under the HSIP.

While the majority of the HSIP guidance remains intact from the previous highway authorization, ATSSA’s Government Relations team highlighted a few changes to the guidance under the IIJA:

  • IIJA reinstates flex spending to HSIP—The new infrastructure law reinstated a 10% flex rule to HSIP funds, allowing for states to divert funds from HSIP eligible projects to “specified safety projects.” These include public awareness campaigns, research, automated traffic enforcement systems and programs and projects to protect children such as Safe Routes to Schools
  • Vulnerable Road User Safety Special Rule--If vulnerable road users make up 15% or more of total fatalities in a state in a year, that state must dedicate 15% of its HSIP funds the following fiscal year to address the safety of vulnerable road users.
    • Certain pedestrian and bicyclist safety projects could be 100% federally funded.
  • High-Risk Rural Roads (HRRR) Special Guidance—IIJA places a renewed emphasis on High-Risk Rural Roads. This program would force states to obligate 200% of their FY 2009 set-aside HRRR funds in the upcoming fiscal year if the fatality rate on rural roads increases over the most recent two-year period. These funds would be obligated from the state’s HSIP apportionment.


ATSSA will continue to monitor any new guidance and the implementation of the IIJA. Please reach out to the ATSSA Government Relations team at with any questions.

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