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.

January 8, 2003

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

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,'.

END