[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3011 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3011

    To amend title 23, United States Code, to establish programs to 
encourage economic growth in the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2002

  Mr. Baucus 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 establish programs to 
encourage economic growth in the United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maximum Economic Growth for America 
Through Safety Improvements Act'' or the ``MEGA Safe Act''.

SEC. 2. SCHOOL CROSSING ZONE AND OTHER PEDESTRIAN AND BICYCLE CROSSING 
              ZONE IMPROVEMENT PROGRAM.

    Section 104 of title 23, United States Code, is amended--
            (1) by redesignating subsections (e) through (l) as 
        subsections (f) through (m), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) School Crossing Zone and Other Pedestrian and Bicycle 
Crossing Zone Improvements.--
            ``(1) In general.--Before making an apportionment under 
        subsection (b)(3) for a fiscal year, the Secretary shall set 
        aside $25,000,000 for the fiscal year for carrying out a 
        program to assist local governments in placing fluorescent 
        yellow-green signs to mark school zone crossing and other 
        pedestrian and bicycle highway crossing zones.
            ``(2) Eligible projects.--Amounts made available under 
        paragraph (1) for obligation at the discretion of the Secretary 
        may be obligated only for projects to--
                    ``(A) place fluorescent yellow-green signs to mark 
                school zone crossing or other pedestrian or bicycle 
                crossing zones where no crossing signs exist;
                    ``(B) replace existing yellow signs with 
                fluorescent yellow-green signs to mark school zone 
                crossing or other pedestrian or bicycle crossing zones; 
                or
                    ``(C) replace damaged or worn fluorescent yellow-
                green signs to mark school zone crossing or other 
                pedestrian or bicycle crossing zones.
            ``(3) Off-system crossings.--Amounts made available under 
        paragraph (1) for obligation at the discretion of the Secretary 
        may be obligated for eligible projects located on any public 
        road.
            ``(4) Minimum distribution.--In obligating funds under this 
        subsection, the Secretary shall ensure that, for each fiscal 
        year, not less than 0.5 percent of funds set aside under 
        paragraph (1) are obligated for projects in each State.
            ``(5) Applicable law.--The use of funds obligated under 
        this subsection shall be in accordance with applicable State 
        law and the Manual on Uniform Traffic Control Devices.
            ``(6) Federal share.--The Federal share of the cost of any 
        project carried out using funds obligated under this subsection 
        shall be 100 percent.''.

SEC. 3. RURAL LOCAL ROADS SAFETY PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) In general.--
                    (A) Eligible activity.--
                            (i) In general.--The term ``eligible 
                        activity'' means a project or activity that--
                                    (I) is carried out only on public 
                                roads that are functionally classified 
                                as rural minor collector or rural local 
                                roads (and is not carried out on a 
                                Federal aid highway); and
                                    (II) provides a safety benefit.
                            (ii) Inclusions.--The term ``eligible 
                        activity'' includes--
                                    (I) a project or program such as 
                                those described in section 133(d)(1) of 
                                title 23, United States Code;
                                    (II) road surfacing or resurfacing;
                                    (III) improvement or maintenance of 
                                local bridges;
                                    (IV) road reconstruction or 
                                improvement;
                                    (V) installation or improvement of 
                                signage, signals, or lighting;
                                    (VI) a maintenance activity that 
                                provides a safety benefit (including 
                                repair work, striping, surface marking, 
                                or a similar safety precaution); or
                                    (VII) acquisition of materials for 
                                use in projects described in any of 
                                subclauses (I) through (VI).
                    (B) Program.--The term ``program'' means the rural 
                local roads safety pilot program established under 
                subsection (b).
                    (C) State.--The term ``State'' does not include the 
                District of Columbia or Puerto Rico.
            (2) Other terms.--Except as otherwise provided, terms used 
        in this section have the meanings given those terms in title 
        23, United States Code.
    (b) Establishment.--The Secretary shall establish a rural local 
roads safety pilot program to carry out eligible activities.
    (c) Allocation of Funds With Respect to States.--For each fiscal 
year, funds made available to carry out this section shall be allocated 
by the Secretary to the State transportation department in each of the 
States in the ratio that--
            (1) the relative share of the State under section 105 of 
        title 23, United States Code, for a fiscal year; bears to
            (2) the total shares of all 50 States under that section 
        for the fiscal year.
    (d) Allocation of Funds Within States.--Each State that receives 
funds under subsection (c) shall allocate those funds within the State 
as follows:
            (1) Counties.--Except as provided in paragraph (2) and 
        subject to paragraph (3), a State shall allocate to each county 
        in the State an amount in the ratio that--
                    (A) the public road miles within the county that 
                are functionally classified as rural local roads or 
                rural minor collector roads; bears to
                    (B) the total of all public road miles within all 
                counties in the State that are functionally classified 
                as rural local roads or rural minor collector roads.
            (2) Alternative formula for allocation.--Paragraph (1) 
        shall not apply to a State if the State transportation 
        department certifies to the Secretary that the State has in 
        effect an alternative formula or system for allocation of funds 
        received under subsection (c) (including an alternative formula 
        or system that permits allocations to political subdivisions or 
        groups of political subdivisions, in addition to individual 
        counties, in the State) that--
                    (A) was developed under the authority of State law; 
                and
                    (B) provides that funds allocated to the State 
                transportation department under this section will be 
                allocated within the State in accordance with a program 
                that includes selection by local governments of 
                eligible activities funded under this section.
            (3) Administrative expenses.--Before allocating amounts 
        under paragraph (1) or (2), as applicable, a State 
        transportation department may retain not more than 10 percent 
        of an amount allocated to the State transportation department 
        under subsection (c) for administrative costs incurred in 
        carrying out this section.
    (e) Project Selection.--
            (1) By county.--If an allocation of funds within a State is 
        made under subsection (d)(1), counties within the State to 
        which the funds are allocated shall select eligible activities 
        to be carried out using the funds.
            (2) By state alternative.--If an allocation of funds within 
        a State is made under subsection (d)(2), eligible activities to 
        be carried out using the funds shall be selected in accordance 
        with the State alternative.
    (f) Obligation.--Funds made available to carry out this section 
shall be available for obligation in the same manner as if the funds 
were apportioned under chapter 1 of title 23, United States Code.
    (g) Federal Share.--The Federal share of the cost of an eligible 
activity carried out under this section shall be 100 percent.
    (h) Report.--Not later than January 1, 2009, after providing 
States, local governments, and other interested parties an opportunity 
for comment, the Secretary shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that--
            (1) describes progress made in carrying out the program; 
        and
            (2) includes recommendations as to whether the program 
        should be continued or modified.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $200,000,000 for each of fiscal 
years 2004 through 2009.

SEC. 4. AGGRESSIVE DRIVING PREVENTION.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 149 the following:
``Sec. 150. Aggressive driving prevention
    ``(a) Designation.--The left lane of each highway on the Interstate 
System is designated as a national passing lane.
    ``(b) Education.--The Secretary shall provide not less than 
$1,000,000 to each of the 50 States and the District of Columbia to 
provide information to the public on using national passing lanes 
designated under subsection (a) for passing only, and specifically to 
inform motor vehicle operators that an operator of a vehicle in the 
left lane should always move to the right lane to permit other vehicles 
to pass on the left.
    ``(c) Funding.--There is authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Account) to carry out 
this section $51,000,000 for fiscal year 2003 and each fiscal year 
thereafter.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 149 the following:

``150. Aggressive driving prevention.''.
    (c) Effective Date.--The amendments made by this section take 
effect on October 1, 2003.

SEC. 5. SAFE DRIVING INVOLVING PASSENGER VEHICLES AND TRUCKS.

    (a) Grant.--As soon as practicable after the date of enactment of 
this Act, the Secretary of Transportation shall provide jointly to the 
American Trucking Associations and the American Automobile Association 
a grant in the amount of $1,000,000 to be used to conduct a study to 
identify the most effective means by which--
            (1) drivers of passenger vehicles may be educated 
        concerning the hazards, and the safest manner, of driving in 
        the presence of tractor-trailers and other commercial trucks; 
        and
            (2) drivers of tractor-trailers and other commercial trucks 
        may be educated concerning the hazards, and the safest manner, 
        of driving in the presence of passenger vehicles.
    (b) Reports.--As a condition of receiving the grant under 
subsection (a), the American Trucking Associations and American 
Automobile Association shall agree to jointly submit to the appropriate 
committees of Congress--
            (1) not later than October 1, 2003, an interim report that 
        describes the progress of those associations in carrying out 
        the study described in subsection (a); and
            (2) not later than October 1, 2004, a final report that 
        describes the results of the study, including any 
        recommendations of those associations.

SEC. 6. WORKZONE SAFETY.

    The Secretary of Transportation shall require that, effective 180 
days after the date of enactment of this Act, for each highway project 
(within the meaning of title 23, United States Code) that uses Federal 
funds, a trained and certified person shall be responsible for ensuring 
that any traffic control plan is effectively administered.

SEC. 7. CONFORMING AMENDMENTS.

    (a) Section 351 of the Department of Transportation and Related 
Agencies Appropriations Act, 2001 (114 Stat. 1356, 1356A-34) is 
repealed.
    (b) Section 154(c)(2) of title 23, United States Code, is amended 
by striking the paragraph heading and all that follows through 
``thereafter,'' and inserting the following:
            ``(2) Other fiscal years.--On October 1, 2002,''.
    (c) Section 164(b)(2) of title 23, United States Code, is amended 
by striking the paragraph heading and all that follows through 
``thereafter,'' and inserting the following:
            ``(2) Other fiscal years.--On October 1, 2002,''.
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