H. R. 3—86
administrative expenses of the Secretary in carrying out this 
subsection. 
(4) DETERMINATION
OF
STUDENT
ENROLLMENTS.—Deter-
minations under this subsection concerning student enrollments 
shall be made by the Secretary. 
(d) ADMINISTRATION OF AMOUNTS.—Amounts apportioned to a 
State under this section shall be administered by the State’s depart-
ment of transportation. 
(e) ELIGIBLE RECIPIENTS.—Amounts apportioned to a State 
under this section shall be used by the State to provide financial 
assistance to State, local, and regional agencies, including nonprofit 
organizations, that demonstrate an ability to meet the requirements 
of this section. 
(f) ELIGIBLE PROJECTS AND ACTIVITIES.—
(1) INFRASTRUCTURE-RELATED PROJECTS.—
(A) IN
GENERAL.—Amounts apportioned to a State 
under this section may be used for the planning, design, 
and construction of infrastructure-related projects that will 
substantially improve the ability of students to walk and 
bicycle to school, including sidewalk improvements, traffic 
calming and speed reduction improvements, pedestrian and 
bicycle crossing improvements, on-street bicycle facilities, 
off-street bicycle and pedestrian facilities, secure bicycle 
parking facilities, and traffic diversion improvements in 
the vicinity of schools. 
(B) LOCATION
OF
PROJECTS.—Infrastructure-related 
projects under subparagraph (A) may be carried out on 
any public road or any bicycle or pedestrian pathway or 
trail in the vicinity of schools. 
(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.—
(A) IN GENERAL.—In addition to projects described in 
paragraph (1), amounts apportioned to a State under this 
section may be used for noninfrastructure-related activities 
to encourage walking and bicycling to school, including 
public awareness campaigns and outreach to press and 
community leaders, traffic education and enforcement in 
the vicinity of schools, student sessions on bicycle and 
pedestrian safety, health, and environment, and funding 
for training, volunteers, and managers of safe routes to 
school programs. 
(B) ALLOCATION.—Not less than 10 percent and not 
more than 30 percent of the amount apportioned to a 
State under this section for a fiscal year shall be used 
for noninfrastructure-related activities under this subpara-
graph. 
(3) SAFE ROUTES TO SCHOOL COORDINATOR.—Each State 
receiving an apportionment under this section for a fiscal year 
shall use a sufficient amount of the apportionment to fund 
a full-time position of coordinator of the State’s safe routes 
to school program. 
(g) CLEARINGHOUSE.—
(1) IN GENERAL.—The Secretary shall make grants to a 
national nonprofit organization engaged in promoting safe 
routes to schools to—
(A) operate a national safe routes to school clearing-
house;
H. R. 3—87
(B) develop information and educational programs on 
safe routes to school; and 
(C) provide technical assistance and disseminate tech-
niques and strategies used for successful safe routes to 
school programs. 
(2) FUNDING.—The Secretary shall carry out this subsection 
using amounts set aside for administrative expenses under 
subsection (c)(3). 
(h) TASK FORCE.—
(1) IN GENERAL.—The Secretary shall establish a national 
safe routes to school task force composed of leaders in health, 
transportation, and education, including representatives of 
appropriate Federal agencies, to study and develop a strategy 
for advancing safe routes to school programs nationwide. 
(2) REPORT.—Not later than March 31, 2006, the Secretary 
shall submit to Congress a report containing the results of 
the study conducted, and a description of the strategy devel-
oped, under paragraph (1) and information regarding the use 
of funds for infrastructure-related and noninfrastructure-
related activities under paragraphs (1) and (2) of subsection 
(f). 
(3) FUNDING.—The Secretary shall carry out this subsection 
using amounts set aside for administrative expenses under 
subsection (c)(3). 
(i) APPLICABILITY OF TITLE 23.—Funds made available to carry 
out this section shall be available for obligation in the same manner 
as if such funds were apportioned under chapter 1 of title 23, 
United States Code; except that such funds shall not be transferable 
and shall remain available until expended, and the Federal share 
of the cost of a project or activity under this section shall be 
100 percent. 
(j) TREATMENT OF PROJECTS.—Notwithstanding any other provi-
sion of law, projects assisted under this subsection shall be treated 
as projects on a Federal-aid system under chapter 1 of title 23, 
United States Code. 
(k) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) IN THE VICINITY OF SCHOOLS.—The term ‘‘in the vicinity 
of schools’’ means, with respect to a school, the area within 
bicycling and walking distance of the school (approximately 
2 miles). 
(2) PRIMARY
AND
MIDDLE
SCHOOLS.—The term ‘‘primary 
and middle schools’’ means schools providing education from 
kindergarten through eighth grade. 
SEC. 1405. ROADWAY SAFETY IMPROVEMENTS FOR OLDER DRIVERS 
AND PEDESTRIANS. 
(a) IN GENERAL.—The Secretary shall carry out a program 
to improve traffic signs and pavement markings in all States (as 
such term is defined in section 101 of title 23, United States 
Code) in a manner consistent with the recommendations included 
in the publication of the Federal Highway Administration entitled 
‘‘Guidelines and Recommendations to Accommodate Older Drivers 
and Pedestrians (FHWA–RD–01–103)’’ and dated October 2001. 
(b) FEDERAL SHARE.—The Federal share of the cost of a project 
carried out under this section shall be determined in accordance 
with section 120 of title 23, United States Code.
H. R. 3—88
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated such sums as may be necessary to carry out 
this section for each of fiscal years 2005 through 2009. 
SEC. 1406. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS. 
Section 157(g)(1) of title 23, United States Code, is amended 
by striking ‘‘2004, and’’ and all that follows through ‘‘2005’’ and 
inserting ‘‘2004, and $112,000,000 for fiscal year 2005’’. 
SEC. 1407. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR 
VEHICLES BY INTOXICATED PERSONS. 
(a) CODIFICATION OF PENALTY.—Section 163 of title 23, United 
States Code, is amended—
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following: 
‘‘(e) PENALTY.—
‘‘(1) IN GENERAL.—On October 1, 2003, and October 1 of 
each fiscal year thereafter, if a State has not enacted or is 
not enforcing a law described in subsection (a), the Secretary 
shall withhold from amounts apportioned to the State on that 
date under each of paragraphs (1), (3), and (4) of section 104(b) 
an amount equal to the amount specified in paragraph (2). 
‘‘(2) AMOUNT TO BE WITHHELD.—If a State is subject to 
a penalty under paragraph (1), the Secretary shall withhold 
for a fiscal year from the apportionments of the State described 
in paragraph (1) an amount equal to a percentage of the funds 
apportioned to the State under paragraphs (1), (3), and (4) 
of section 104(b) for fiscal year 2003. The percentage shall 
be as follows: 
‘‘(A) For fiscal year 2004, 2 percent. 
‘‘(B) For fiscal year 2005, 4 percent. 
‘‘(C) For fiscal year 2006, 6 percent. 
‘‘(D) For fiscal year 2007, and each fiscal year there-
after, 8 percent. 
‘‘(3) FAILURE TO COMPLY.—If, within 4 years from the date 
that an apportionment for a State is withheld in accordance 
with this subsection, the Secretary determines that the State 
has enacted and is enforcing a law described in subsection 
(a), the apportionment of the State shall be increased by an 
amount equal to the amount withheld. If, at the end of such 
4-year period, any State has not enacted or is not enforcing 
a law described in subsection (a) any amounts so withheld 
from such State shall lapse.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 163(f)(1) of 
such title (as redesignated by subsection (a)(1) of this section) 
is amended by striking ‘‘2004, and’’ and inserting ‘‘2004, and 
$110,000,000 for fiscal year 2005’’. 
(c) REPEAL.—Section 351 of the Department of Transportation 
and Related Agencies Appropriations Act, 2001 (23 U.S.C. 163 
note; 114 Stat. 1356A–34) is repealed. 
SEC. 1408. IMPROVEMENT OR REPLACEMENT OF HIGHWAY FEATURES 
ON NATIONAL HIGHWAY SYSTEM. 
(a) UPDATE
OF IMPLEMENTATION GUIDANCE.—The Secretary, 
in cooperation with the American Association of State Highway 
and Transportation Officials, shall update as appropriate the 
August 28, 1998, Federal Highway Administration Policy on 
Implementation of the report of the Transportation Research Board
H. R. 3—89
of the National Research Council entitled ‘‘NCHRP Report 350–
Recommended Procedures for the Safety Performance Evaluation 
of Highway Features’’. 
(b) GUIDANCE.—The Secretary, in cooperation with the Associa-
tion, shall publish updated guidance regarding the conditions under 
which States, when choosing to improve or replace highway features 
on the National Highway System, should improve or replace such 
features with highway features that have been tested, evaluated, 
and found to be acceptable under the guidelines of the report 
referred to in subsection (a). 
(c) MATTERS
TO
BE
CONSIDERED.—Guidance published in 
accordance with subsection (a)—
(1) shall address those highway features that are covered 
by the guidelines in the report referred to in subsection (b); 
and 
(2) shall consider types of highway features, cost-effective-
ness, and practicality of replacement with highway features 
that have been found to be acceptable under the report guide-
lines to determine conditions when such features should be 
used. 
SEC. 1409. WORK ZONE SAFETY GRANTS. 
(a) IN GENERAL.—The Secretary shall establish and implement 
a work zone safety grant program under which the Secretary may 
make grants to nonprofit organizations and not-for-profit organiza-
tions to provide training to prevent or reduce highway work zone 
injuries and fatalities. 
(b) ELIGIBLE ACTIVITIES.—Grants may be made under the pro-
gram for the following purposes: 
(1) Training for construction craft workers on the preven-
tion of injuries and fatalities in highway and road construction. 
(2) Development of guidelines for the prevention of highway 
work zone injuries and fatalities. 
(3) Training for State and local government transportation 
agencies and other groups implementing guidelines for the 
prevention of highway work zone injuries and fatalities. 
(c) FUNDING.—
(1) IN GENERAL.—There is authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $5,000,000 for each of fiscal 
years 2006 through 2009. 
(2) CONTRACT AUTHORITY.—Funds authorized by this sub-
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; except that such funds shall not be 
transferable. 
(d) CONSTRUCTION WORK IN ALASKA.—Section 114 of title 23, 
United States Code, is amended by adding at the end of the fol-
lowing: 
‘‘(c) CONSTRUCTION WORK IN ALASKA.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that a worker 
who is employed on a remote project for the construction of 
a highway or portion of a highway located on a Federal-aid 
system in the State of Alaska and who is not a domiciled 
resident of the locality shall receive meals and lodging.