[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4245 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4245

   To amend title 23, United States Code, to enhance roadside worker 
                    safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2026

    Ms. Cortez Masto (for herself and Mr. McCormick) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend title 23, United States Code, to enhance roadside worker 
                    safety, 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 ``Safer Roads for Those Who Serve Act 
of 2026''.

SEC. 2. FEDERAL HIGHWAY ADMINISTRATION ROADSIDE WORKER SAFETY.

    Section 148 of title 23, United States Code, is amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (A)--
                            (i) in clause (v), by striking ``and'' at 
                        the end;
                            (ii) in clause (vi), by adding ``and'' 
                        after the semicolon at the end; and
                            (iii) by adding at the end the following:
                            ``(vii) to improve the collection of data 
                        on roadside worker crashes and to differentiate 
                        the safety data for highway workers (as defined 
                        in section 630.1004 of title 23, Code of 
                        Federal Regulations (or a successor 
                        regulation)) from other road users;'';
                    (B) in subparagraph (B)(i), by inserting ``highway 
                workers (as defined in section 630.1004 of title 23, 
                Code of Federal Regulations (or a successor 
                regulation)),'' after ``pedestrians),''; and
                    (C) in subparagraph (D)--
                            (i) in clause (v), by striking ``and'' at 
                        the end;
                            (ii) in clause (vi), by adding ``and'' 
                        after the semicolon at the end; and
                            (iii) by adding at the end the following:
                            ``(vii) improves the ability of the State 
                        to differentiate the fatalities and serious 
                        injuries of highway workers (as defined in 
                        section 630.1004 of title 23, Code of Federal 
                        Regulations (or a successor regulation)) from 
                        other road users;''; and
            (2) in subsection (d), by adding at the end the following:
            ``(4) Highway workers.--If the total annual injuries and 
        fatalities of highway workers (as defined in section 630.1004 
        of title 23, Code of Federal Regulations (or a successor 
        regulation)) in a State increases over the most recent 2-year 
        period for which data is available, that State shall include in 
        the next State strategic highway safety plan a list of 
        strategies to address the increases in those rates of injury 
        and fatality, taking into account the practices and 
        recommendations identified through the Work Zone Management 
        Program of the Federal Highway Administration.''.

SEC. 3. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ROADSIDE WORKER 
              SAFETY.

    (a) Highway Safety Programs.--Section 402(a)(2)(A) of title 23, 
United States Code, is amended--
            (1) in clause (xiii), by striking ``activated; and'' and 
        inserting ``activated or when construction workers, service and 
        utility personnel, individuals assisting disabled vehicles, 
        occupants of disabled vehicles, or other vehicles with hazard 
        warning lights or flashing lights are stopped or parked on or 
        next to a roadway;'';
            (2) in clause (xiv), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                            ``(xv) to reduce injuries and deaths of 
                        drivers and highway workers (as defined in 
                        section 630.1004 of title 23, Code of Federal 
                        Regulations (or a successor regulation)) 
                        resulting from crashes in work zones;''.
    (b) National Priority Safety Programs.--Section 405(h) of title 23, 
United States Code, is amended--
            (1) in paragraph (1), by inserting ``, including highway 
        workers (as defined in section 630.1004 of title 23, Code of 
        Federal Regulations (or a successor regulation)),'' after 
        ``individuals''; and
            (2) in paragraph (4), in each of subparagraphs (B), (C), 
        and (D), by inserting ``, including highway workers (as defined 
        in section 630.1004 of title 23, Code of Federal Regulations 
        (or a successor regulation)),'' after ``individuals''.
    (c) Promotion of Move Over Laws.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator of the National 
        Highway Traffic Safety Administration (referred to in this 
        subsection as the ``Administrator'') shall update the public 
        awareness materials of the National Highway Traffic Safety 
        Administration to more fully reflect the types of vehicles and 
        drivers supported by State ``Move Over laws'', including law 
        enforcement, emergency responder services, fire and rescue 
        services, construction workers, drivers of utility, waste, and 
        recycling collection vehicles, tow truck operators, and drivers 
        of disabled vehicles, at incidents along roadways.
            (2) Public service announcement.--
                    (A) In general.--Not later than 180 days after the 
                date on which the Administrator updates the public 
                awareness materials of the National Highway Traffic 
                Safety Administration under paragraph (1), the 
                Administrator shall carry out a public service 
                announcement to underscore the ways to protect roadside 
                workers, including law enforcement, emergency responder 
                services, fire and rescue services, construction 
                workers, drivers of utility, waste, and recycling 
                collection vehicles, tow truck operators, and drivers 
                of disabled vehicles, at incidents along roadways.
                    (B) Partnerships.--In carrying out the public 
                service announcement under subparagraph (A), the 
                Administrator may partner with existing work zone 
                safety outreach programs and cooperative efforts of the 
                Department of Transportation, including the Office of 
                Operations of the Federal Highway Administration and 
                its related work zone safety programs.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $2,000,000 for 
        each of fiscal years 2027 through 2031, to remain available 
        until expended.

SEC. 4. RESEARCH AND OUTREACH EFFORTS.

    (a) Definitions.--In this section:
            (1) Highway worker.--The term ``highway worker'' has the 
        meaning given the term in section 630.1004 of title 23, Code of 
        Federal Regulations (or a successor regulation).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Research and Outreach.--The Secretary shall carry out research 
and outreach activities to improve the safety of highway workers, 
including activities addressing roadside incidents and methods to 
protect highway workers through behavior-based interventions, 
education, engineering solutions, and technology.
    (c) Use of Existing Research and Outreach Facilities.--In carrying 
out subsection (b), the Secretary shall--
            (1) build on existing roadside worker safety research and 
        outreach programs, including studies carried out by the 
        Transportation Research Board of the National Academies of 
        Sciences, Engineering, and Medicine; and
            (2) use existing research and outreach facilities available 
        to the Secretary, including--
                    (A) the Turner-Fairbank Highway Research Center;
                    (B) university transportation centers established 
                pursuant to section 5505 of title 49, United States 
                Code; and
                    (C) the Office of Operations of the Federal Highway 
                Administration and its related work zone safety 
                programs.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2027 through 2031, to remain available until expended.

SEC. 5. ROADSIDE WORKER SAFETY IN GRANT APPLICATIONS.

    (a) INFRA.--Section 117(h) of title 23, United States Code, is 
amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) the extent to which the project includes measures for 
        the protection of highway workers (as defined in section 
        630.1004 of title 23, Code of Federal Regulations (or a 
        successor regulation)) and other road users--
                    ``(A) during construction, including planning and 
                practices to reduce vehicle intrusions and to manage 
                speeds; and
                    ``(B) along the highway after completion.''.
    (b) Mega.--Section 6701(f)(3) of title 49, United States Code, is 
amended--
            (1) in subparagraph (E)(iii), by striking ``and'' at the 
        end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) whether, and the degree to which, a project 
                includes a work zone safety plan that describes how 
                highway workers (as defined in section 630.1004 of 
                title 23, Code of Federal Regulations (or a successor 
                regulation)) and other road users will be protected 
                during construction and after completion of the 
                project.''.
    (c) BUILD.--Section 6702(d)(4) of title 49, United States Code, is 
amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) the project has demonstrated efforts--
                            ``(i) to protect highway workers (as 
                        defined in section 630.1004 of title 23, Code 
                        of Federal Regulations (or a successor 
                        regulation)) and other road users during 
                        construction; and
                            ``(ii) to improve safety for highway 
                        workers (as so defined) after completion of the 
                        project.''.
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