[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 288 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 288

To amend title 23, United States Code, to establish programs to enhance 
  roadway safety and improve transportation efficiency in the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2003

  Mr. Inslee introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, to establish programs to enhance 
  roadway safety and improve transportation efficiency 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 ``Roadway Safety and Congestion 
Mitigation Improvements Act''.

SEC. 2. ESTABLISHMENT OF ROADWAY SAFETY PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 165. Roadway safety program
    ``(a) Establishment.--The Secretary shall establish and implement a 
roadway safety program in accordance with this section.
    ``(b) Eligible Projects.--A State may obligate funds apportioned 
under this section to carry out the following roadway safety 
enhancement activities:
            ``(1) Older driver roadway safety enhancements.--
                    ``(A) Roadway enhancements.--All roadway 
                enhancements recommended in the Federal Highway 
                Administration Publication: Guidelines and 
                Recommendations to Accommodate Older Drivers and 
                Pedestrians (FHWA-RD-01-103).
                    ``(B) Construction safety enhancements.--All 
                construction safety enhancements to which section 
                120(c) applies. Acquisition and installation of 
                guardrail, guardrail end treatments, median barriers, 
                bridge railings, barrier terminals, concrete barrier 
                end treatments, breakaway utility poles, crash 
                cushions, impact attenuators, and permanent and 
                temporary traffic control devices that meet the 
                guidelines contained in the National Cooperative 
                Highway Research Program Report 350 of the 
                Transportation Research Board of the National Academy 
                of Sciences. Acquisition and installation of guide sign 
                lighting retrieval systems. Installation of rumble 
                strips. Such other safety projects as the Secretary may 
                designate.
            ``(2) Safety management systems.--
                    ``(A) Sign and pavement marking management system 
                programs.--Development of sign and pavement marking 
                management system programs for States, cities, and 
                other local governments.
                    ``(B) Retro reflectivity system upgrades.--System 
                upgrades to bring roadways in compliance with 
                congressionally mandated minimum levels of retro 
                reflectivity for pavement markings and signs.
            ``(3) Run-off-road mitigation.--
                    ``(A) Wet-night pavement markings.--Improvement of 
                wet-night pavement markings.
                    ``(B) Rumble strips and road signing.--Installation 
                of auditory and visual roadway warning system rumble 
                strips and road signs.
            ``(4) Speed management.--Conduct of pilot programs to 
        determine the benefits of variable speed limits.
            ``(5) Pedestrian and bicycle safety.--Implementation of 
        pedestrian and bicycle safety countermeasures, such as auditory 
        crosswalks, roundabouts, bicycle lane designations, upgraded 
        signals, signage, and pavement markings.
            ``(6) Intersection safety.--Installation of intersection 
        safety countermeasures that enhance signing, markings, and 
        retiming signalization and conduct of an analysis of the 
        effectiveness of automated enforcement technologies in reducing 
        injuries and fatalities.
            ``(7) Emergency management.--Acquisition and storage of 
        emergency management signs (including changeable message 
        signs), development of an emergency management system to 
        facilitate the movement of traffic, pedestrians, and emergency 
        personnel in the event of a national emergency, and development 
        of a crisis management response function to provide the 
        necessary traffic control, crisis communication, and inventory 
to respond in the event of a local, regional, or national crisis.
            ``(8) Alcohol and seatbelt awareness.--Acquisition and 
        installation of roadway advisory signage, including signs that 
        promote seatbelt usage and signs that discourage motorists from 
        operating a motor vehicle under the influence of alcohol.
            ``(9) Highway-rail crossings.--Effectuation of grade 
        separation, and installation of protective devices, signs, and 
        markings, at highway-rail grade crossings.
            ``(10) Compliance with federal requirements.--Measures 
        taken by the State department of transportation to comply with 
        regulations issued by the Secretary under subsection (c).
    ``(c) State Requirements.--
            ``(1) Regulations.--Not later than September 30, 2005, the 
        Secretary shall issue regulations requiring each State to 
        comply with the following requirements:
                    ``(A) Training of installers.--All installers of 
                guardrail and associated roadside safety systems 
                working in the State on highway projects eligible for 
                assistance under this chapter after September 30, 2006, 
                shall be trained in the proper method of installation 
                of such systems.
                    ``(B) Pavement markings.--All pavement marking edge 
                lines installed on such projects after September 30, 
                2006, shall be not less than 6 inches in width.
                    ``(C) Work zone safety and mobility enhancement.--
                            ``(i) Equipping and training of roadway 
                        workers.--All roadway workers on such projects 
                        who, after September 30, 2005, are exposed to 
                        or working adjacent to moving motor vehicles 
                        shall be equipped with a high-visibility 
                        garment and shall be trained in basic roadway 
                        work zone safety to minimize their 
                        vulnerability and the risk to motorists.
                            ``(ii) Training of supervisors.--All 
                        workers involved with the installation and 
                        removal of temporary traffic control devices on 
                        such projects shall be supervised, after 
                        September 30, 2005, by individuals who are able 
                        to demonstrate to the head of the State 
                        transportation department, or the designee of 
                        the head of such department, that they have 
                        passed a rigorous technician level work zone 
                        installation training course.
                            ``(iii) Training of traffic control 
                        flaggers.--All individuals providing, after 
                        September 30, 2005, traffic control flagging 
                        duties on such projects shall be able to 
                        demonstrate to the head of such department, or 
                        the designee of the head of such department, 
                        that they have received rigorous training in 
                        proper traffic control techniques, device 
                        usage, and placement.
                            ``(iv) Minimum width for pavement 
                        markings.--All pavement markings used, after 
                        September 30, 2005, in work zones on such 
                        projects shall be not less than 6 inches in 
                        width.
                    ``(D) High-risk work zone specifications.--After 
                September 30, 2006, before commencement of construction 
                or maintenance work on a segment of highway with an 
                average daily travel of 50,000 or greater or a bridge 
                with an average daily travel of 25,000 or greater, the 
                State shall agree to and comply with the following 
                conditions:
                            ``(i) A traffic control supervisor trained 
                        under subparagraph (C)(ii) will be present 
                        during the installation or reconfiguration of 
                        temporary traffic control devices to be used 
                        for the project.
                            ``(ii) All individuals providing traffic 
                        control flagging duties for the work will 
                        demonstrate to the head of the State department 
                        of transportation, or the designee of the head 
                        of such department, that they have received 
                        training in proper traffic control techniques, 
                        device usage, and placement.
                            ``(iii) The lead contractor for the work 
                        will designate a person trained and certified 
                        in temporary traffic control `best practices' 
                        that have the responsibility and authority to 
                        ensure compliance with the traffic control plan 
                        for the work.
            ``(2) Certification.--The Secretary shall certify annually 
        each State that is complying with the regulations issued under 
        this subsection.
    ``(d) Work Zone Safety Data.--The Secretary shall gather annual 
work zone safety and mobility data and transmit to Congress a biennial 
report on the status of roadway work zone safety and mobility.
    ``(e) Positive Separation Standard.--Not later than October 1, 
2004, the Secretary shall develop a national standard on the use of 
positive separation for roadway work zones of highway projects eligible 
for assistance under this chapter.
    ``(f) Rural Local Roads Safety Program.--
            ``(1) Funding limitation.--Not to exceed 10 percent of the 
        funds apportioned to a State under section 104(b)(5) for the 
        roadway safety program for a fiscal year may be obligated by 
        the State--
                    ``(A) for eligible activities under subsection (b) 
                on public roads that are functionally classified as 
                rural minor collectors or rural local roads; and
                    ``(B) for any measure necessary to facilitate the 
                safe travel of schoolchildren by bicycle or walking 
                between their homes and school on any public road 
                within a 3 mile radius.
            ``(2) Federal share.--The Federal share payable on account 
        of an activity carried out under this subsection shall be 100 
        percent of the cost thereof.
            ``(3) Report.--Not later than January 1, 2009, after 
        providing States, local governments, and other interested 
        parties an opportunity for comment, the Secretary shall 
        transmit to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate a report that--
                    ``(A) describes progress made in carrying out the 
                program under this subsection; and
                    ``(B) includes recommendations as to whether the 
                program should be continued or modified.
    ``(g) Highway-Rail Crossings.--
            ``(1) Funding limitation.--Not to exceed 5 percent of the 
        funds apportioned to a State under section 104(b)(5) for the 
        roadway safety program for a fiscal year may be obligated for 
        carrying out eligible activities described in subsection 
        (b)(9).
            ``(2) Federal share.--The Federal share payable on account 
        of an activity carried out under subsection (b)(9) shall be 80 
        percent of the cost thereof.
    ``(h) Nontransferability of Funds.--Notwithstanding any other 
provision of law, funds apportioned to the States under section 
104(b)(5) for the roadway safety program may not be transferred to any 
other apportionment of the State under section 104 or 144 for such 
fiscal year.
    ``(i) Set-Aside.--Before making an apportionment under section 
104(b)(5) for a fiscal year, the Secretary shall set aside the 
following amounts:
            ``(1) Educational materials for older and inexperienced 
        drivers.--An amount not less than $3,000,000 and not to exceed 
        $5,000,000 to be awarded by the Secretary in a public-private 
        partnership for development and distribution of educational 
        materials and programs to assist older and inexperienced 
        drivers in how to safely navigate the roadway.
            ``(2) Research and data evaluation and annual report.--
        $25,000,000 for roadway safety research and data evaluation and 
        the development and issuance of an annual report evaluating the 
        impact of all safety construction programs and activities.
            ``(3) National work zone safety information 
        clearinghouse.--Such amount as the Secretary determines, but 
        not to exceed $500,000, to support the program activities of 
        the National Work Zone Safety Information Clearinghouse.
            ``(4) National work zone awareness week activities.--
        $500,000 to support Federal and State sponsored national work 
        zone awareness week activities.
            ``(5) Local technical assistance program.--$500,000 only 
        for fiscal year 2004 to provide for the training and 
        certification as roadway flagger trainers of such local 
        technical assistance program staff as the Secretary determines 
        appropriate.
    ``(j) Federal Share.--Except as provided in subsections (f) and 
(g), the Federal share payable on account of an activity carried out 
under this section shall be 90 percent of the cost thereof.
    ``(k) Location of Projects.--Except as provided in subsection (f), 
roadway safety program projects may not be undertaken on roads 
functionally classified as local or rural minor collectors, unless such 
roads are on a Federal-aid highway system on January 1, 1991, and 
except as approved by the Secretary.
    ``(l) State Defined.--In this section, the term ``State'' has the 
meaning such term has in section 401.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 164 the following:

``165. Roadway safety program.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsections (b) and (c), there is to be 
authorized to be appropriated, out of the Highway Trust Fund (other 
than the Mass Transit Account), to carry out the roadway safety program 
under section 165 of title 23, United States Code, for each of fiscal 
years 2004 through 2008 $3,000,000,000.
    (b) Limitation.--For any fiscal year, funds to be made available to 
carry out section 165 of title 23, United States Code, by this section 
shall be available only if the total amount made available from the 
Highway Trust Fund (other than the Mass Transit Account) for such 
fiscal year, other than by this section, exceeds $27,700,000,000.
    (c) Special Rule.--For any fiscal year, if the total amount made 
available from the Highway Trust Fund (other than the Mass Transit 
Account), other than by this section, exceeds $27,700,000,000 and is 
less than $30,700,000,000, the amount made available by this section 
shall be equal to the difference between the total amount so made 
available from such Trust Fund and $27,700,000,000.

SEC. 4. APPORTIONMENT.

    Section 104 of title 23, United States Code, is amended--
            (1) in subsection (a)(1) by inserting ``roadway safety 
        program under section 165,'' after ``section 133,'';
            (2) in the matter preceding paragraph (1) of subsection 
        (b)--
                    (A) by striking ``set-aside authorized by 
                subsection (f)'' and inserting ``set-asides authorized 
                by subsections (d) and (f) of this section and 
                subsection (i) of section 165''; and
                    (B) by striking ``and the Surface Transportation 
                program'' and inserting ``the Surface Transportation 
                program, and the Roadway Safety program''; and
            (3) by adding at the end of subsection (b) the following 
        new paragraph:
            ``(5) Roadway safety program.--
                    ``(A) In general.--For the roadway safety program, 
                in accordance with the following formula:
                            ``(i) 25 percent of the apportionments in 
                        the ratio that--
                                    ``(I) the total lane miles of 
                                Federal-aid highways in each State; 
                                bears to
                                    ``(II) the total lane miles of 
                                Federal-aid highways in all States.
                            ``(ii) 40 percent of the apportionments in 
                        the ratio that--
                                    ``(I) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in each State; bears to
                                    ``(II) the total vehicle miles 
                                traveled on lanes on Federal-aid 
                                highways in all States.
                            ``(iii) 35 percent of the apportionments in 
                        the ratio that--
                                    ``(I) the estimated tax payments 
                                attributable to highway users in each 
                                State paid into the Highway Trust Fund 
                                (other than the Mass Transit Account) 
                                in the latest fiscal year for which 
                                data are available; bears to
                                    ``(II) the estimated tax payments 
                                attributable to highway users in all 
                                States paid into the Highway Trust Fund 
                                (other than the Mass Transit Account) 
                                in the latest fiscal year for which 
                                data are available.
                    ``(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), each State shall receive a minimum of 
                \1/2\ of 1 percent of the funds apportioned under this 
                paragraph.''.

SEC. 5. INCREASED FEDERAL SHARE FOR CERTAIN POLICE ASSISTANCE.

    Section 120(c) of title 23, United States Code, is amended by 
inserting after ``crossing closure,'' the following: ``police 
assistance during `high-risk' work zone activities (such as 
installation, removal, or maintenance of traffic control devices and 
mobile work zone operations), enforcement of speed limits during `high-
risk' work zone environments as determined by the head of the State 
department of transportation,''.

SEC. 6. INCREASED FEDERAL SHARE FOR CERTAIN POSITIVE SEPARATION 
              MEASURES.

    Section 120(c) of title 23, United States Code, is further amended 
by inserting before ``or installation of traffic lights'' the 
following: ``provision of positive separation to protect motorists and 
personnel working in a work zone on a highway project eligible for 
assistance under this chapter and for which traffic must be maintained 
throughout construction of the project at operational speeds equal to 
or greater than 45 miles per hour,''.
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