197
(2) PRIORITY.—In selecting projects to be fund-
ed under the pilot program, the Secretary shall give
priority to projects that will—
(A) reduce congestion into and out of
international ports located on the west coast of
the United States;
(B) demonstrate ways to increase the like-
lihood that freight container movements involve
freight containers carrying goods; and
(C) establish or expand intermodal facili-
ties that encourage the development of inland
freight distribution centers.
(d) ELIGIBLE PROJECTS.—Funds made available
under this section shall be used by the recipient for
projects described in an application approved by the Sec-
retary. Such projects shall help relieve congestion, improve
transportation safety, facilitate international trade, and
encourage public-private partnership. Such projects may
include developing and constructing intermodal freight
distribution and transfer facilities at inland ports.
(e) TREATMENT
OF PROJECTS.—Notwithstanding
any other provision of law, projects assisted under this
section shall be treated as projects on a Federal-aid sys-
tem under such chapter.
198
Subtitle D—Highway Safety
SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) SAFETY IMPROVEMENT PROJECT DEFINED.—
Section 101(a)(30) of title 23, United States Code, is
amended by inserting ‘‘installs fluorescent, yellow-green
signs at pedestrian or bicycle crossings or school zones,’’
after ‘‘call boxes,’’.
(b) OPERATION LIFESAVER.—Section 104(d)(1) of
such title is amended—
(1) by striking ‘‘subsection (b)(3) of this sec-
tion’’ and inserting ‘‘section 130(f)’’; and
(2) by striking ‘‘$500,000’’ and inserting
‘‘$600,000’’.
(c) RAILWAY-HIGHWAY CROSSING HAZARD ELIMI-
NATION IN HIGH SPEED RAIL CORRIDORS.—
(1) IN GENERAL.—Section 104(d)(2) of such
title is amended—
(A) in subparagraph (A) by striking
‘‘$5,250,000’’ and inserting ‘‘$7,500,000 for
each 
of 
fiscal 
years 
2004 
and 
2005,
$10,000,000 for each of fiscal years 2006 and
2007, and $15,000,000 for each of fiscal years
2008 and 2009’’; and
(B) in subparagraph (E)—
199
(i) 
by 
striking 
‘‘Not 
less 
than
$250,000 of such set-aside’’ and inserting
‘‘Of such set-aside, not less than $875,000
for each of fiscal years 2004 and 2005,
$1,500,000 for each of fiscal years 2006
and 2007, and $2,750,000 for each of fis-
cal years 2008 and 2009’’; and
(ii) by striking ‘‘per fiscal year’’.
(2) DESIGNATION OF CORRIDORS.—Of the rail
corridors selected by the Secretary in accordance
with section 104(d)(2) of title 23, United States
Code—
(A) the Northern New England High
Speed Rail Corridor is expanded to include the
train routes from Boston, Massachusetts, to Al-
bany, New York, and from Springfield, Massa-
chusetts, to New Haven, Connecticut; and
(B) the South Central Corridor is ex-
panded to include the train route from Killeen,
Texas, to Houston, Texas, via Bryan-College
Station.
(d) RAILWAY-HIGHWAY CROSSINGS.—
(1) FUNDS
FOR
PROTECTIVE
DEVICES.—Sec-
tion 130(e) of such title is amended—
200
(A) by striking ‘‘At’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—At’’; and
(B) by adding at the end the following:
‘‘(2) SPECIAL RULE.—If a State demonstrates
to the satisfaction of the Secretary that the State
has met all its needs for installation of protective de-
vices at railway-highway crossings, the State may
use funds made available by this subsection for other
purposes by this section.’’.
(2) APPORTIONMENT.—Section 130(f) of such
title is amended to read as follows:
‘‘(f) APPORTIONMENT.—
‘‘(1) FORMULA.—Fifty percent of the funds au-
thorized to be appropriated to carry out this section
shall be apportioned to the States in accordance with
the formula set forth in section 104(b)(3)(A), and
50 percent of such funds shall be apportioned to the
States in the ratio that total public railway-highway
crossings in each State bears to the total of such
crossings in all States.
‘‘(2) 
MINIMUM
APPORTIONMENT.—Notwith-
standing paragraph (1), each State shall receive a
minimum of 1⁄2 of 1 percent of the funds appor-
tioned under paragraph (1).
201
‘‘(3) FEDERAL
SHARE.—The Federal share
payable on account of any project financed with
funds authorized to be appropriated to carry out this
section shall be 90 percent of the cost thereof.’’.
(3) BIENNIAL
REPORT
TO
CONGRESS.—The
third sentence of section 130(g) of such title is
amended by striking ‘‘not later than April 1 of each
year,’’ and inserting ‘‘, not later than April 1, 2006,
and every 2 years thereafter,’’.
(4) EXPENDITURE OF FUNDS.—Section 130 of
such title is further amended by adding at the end
the following:
‘‘(k) EXPENDITURE OF FUNDS.—Not more than 2
percent of funds apportioned to a State to carry out this
section may be used by the State for compilation and anal-
ysis of data in support of activities carried out under sub-
section (g).’’.
(e) SURFACE TRANSPORTATION PROGRAM.—
(1) IN GENERAL.—Section 133(d) of such title
is amended—
(A) by striking paragraph (1); and
(B) 
by 
redesignating 
paragraphs 
(2)
through (5) as paragraphs (1) through (4), re-
spectively; and
202
(C) in paragraph (2) (as so redesig-
nated)—
(i) in subparagraph (A) by striking
‘‘80 percent’’ and inserting ‘‘90 percent’’;
(ii) in subparagraph (B) by striking
‘‘tobe’’ and inserting ‘‘to be’’; and
(iii) in subparagraph (D) by adding a
period at the end.
(2) CONFORMING AMENDMENTS.—
(A) SECTION
133.—Section 133(e) is
amended by striking ‘‘(d)(2)’’ and inserting
‘‘(d)(1)’’ in each of paragraphs (3)(B)(i),
(5)(A), and (5)(B).
(B) SECTION 126.—Section 126(b) of such
title is amended—
(i) by striking ‘‘to the last sentence of
section 133(d)(1) or’’;
(ii) by striking ‘‘section 133(d)(3)’’
and inserting ‘‘section 133(d)(2)’’; and
(iii) by striking ‘‘or 133(d)(2)’’.
(f) HAZARD ELIMINATION PROGRAM.—
(1) PURPOSES.—Section 152(a)(1) of such title
is amended—
(A) by striking ‘‘and’’ after ‘‘bicyclists,’’;
and
203
(B) by inserting after ‘‘pedestrians,’’ the
following: ‘‘and the disabled, identify roadway
safety improvement needs for such locations,
sections, and elements,’’.
(2) HAZARDS.—Section 152(a)(2)(A) of such
title is amended by inserting ‘‘the disabled,’’ after
‘‘pedestrians,’’.
(3) APPROVAL OF PROJECTS.—Section 152(b)
of such title is amended by inserting before the pe-
riod at the end the following: ‘‘that reduces the like-
lihood of crashes involving road departures, intersec-
tions, pedestrians, the disabled, bicyclists, older driv-
ers, or construction work zones’’.
(4) EXPENDITURE OF FUNDS.—Section 152(c)
of such title is amended—
(A) in paragraph (2) by striking ‘‘or’’ at
the end;
(B) in paragraph (3) by striking the period
at the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(4) police assistance for traffic and speed
management in construction work zones;
‘‘(5) installation of barriers between construc-
tion work zones and traffic lanes for the safety of
motorists and workers;
204
‘‘(6) installation of protective devices at rail-
way-highway crossings; and
‘‘(7) compilation and analysis of data under
subsections (f) and (g) if the funds used for this
purpose by a State do not exceed 2 percent of the
amount apportioned to such State to carry out this
section.’’.
(5) APPORTIONMENT.—Section 152(d) of such
title is amended to read as follows:
‘‘(d) APPORTIONMENT.—
‘‘(1) FORMULA.—Funds authorized to be ap-
propriated to carry out this section shall be appor-
tioned to the States in accordance with the formula
set forth in section 104(b)(3)(A).
‘‘(2) 
MINIMUM
APPORTIONMENT.—Notwith-
standing paragraph (1), each State shall receive a
minimum of 1⁄2 of 1 percent of the funds appor-
tioned under paragraph (1).
‘‘(3) FEDERAL
SHARE.—The Federal share
payable on account of any project financed with
funds authorized to be appropriated to carry out this
section shall be 90 percent of the cost thereof.’’.
(6) BIENNIAL REPORT TO CONGRESS.—
205
(A) IN
GENERAL.—Section 152 of such
title is amended by adding at the end the fol-
lowing:
‘‘(i) BIENNIAL REPORT TO CONGRESS.—Not later
than 2 years after the date of enactment of this sub-
section, and every 2 years thereafter, the Secretary shall
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate
a report on the results of the program under this section.
The report shall include, at a minimum, the following:
‘‘(1) A summary of State projects completed
under this section categorized by the types of haz-
ards and a statement of the cost of such projects.
‘‘(2) An analysis of the effectiveness of such
categories of projects in reducing the number and
severity of crashes at high hazard locations.
‘‘(3) An assessment of the adequacy of author-
ized funding for the program and State use of such
funding to address the national need for such
projects.
‘‘(4) Recommendations for funding and pro-
gram improvements to reduce the number of high
hazard locations.
206
‘‘(5) An analysis and evaluation of each State
program, an identification of any State found not to
be in compliance with the schedule of improvements
required by subsection (a), and recommendations for
future implementation of the hazard elimination pro-
gram.’’.
(B) CONFORMING
AMENDMENT.—Section
152(g) of such title is amended by striking the
third sentence through the last sentence.
(g) EFFECTIVE DATE.—The amendments made by
subsections (b)(1), (d), (e), and (f) shall take effect on
September 30, 2005.
SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW
OF VEHICULAR TRAFFIC.
Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue regulations to de-
crease the likelihood of worker injury and maintain the
free flow of vehicular traffic by requiring workers whose
duties place them on or in close proximity to a Federal-
aid highway (as defined in section 101 of title 23, United
States Code) to wear high visibility garments. Such regu-
lations may also require such other worker-safety meas-
ures for workers with those duties as the Secretary deter-
mines appropriate.
207
SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT
PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
and implement a high risk rural road safety improvement
program in accordance with this section.
(b) ELIGIBLE PROJECTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), a State may obligate funds apportioned
to it under this section only for construction and
operational improvement projects on high risk rural
roads and only if the primary purpose of the project
is to improve highway safety on a high risk rural
road.
(2) SPECIAL RULE.—A State may use funds
apportioned to it under this section for any project
approved by the Secretary under section 152 of title
23, United States Code, if the State certifies to the
Secretary that it has no projects described in para-
graph (1).
(c) STATE ALLOCATION SYSTEM.—Each State shall
establish a system for allocating funds apportioned to it
under this section among projects eligible for assistance
under this section that have the highest benefits to high-
way safety. Such system may include a safety manage-
ment system established by the State under section 303
208
of title 23, United States Code, or a survey established
pursuant to section 152(a) of such title.
(d) APPORTIONMENT OF FUNDS.—On October 1 of
each fiscal year, the Secretary shall apportion among
States sums authorized to be appropriated to carry out
this section for such fiscal year as follows:
(1) 1⁄3 in the ratio that—
(A) each State’s public road lane mileage
for rural minor collectors and rural local roads;
bears to
(B) the total public road lane mileage for
rural minor collectors and rural local roads of
all States.
(2) 1⁄3 in the ratio that—
(A) the population of areas other than ur-
banized areas in each State, as shown by the
most recent Government decennial census of
population; bears to
(B) the population of all areas other than
urbanized areas in the United States, as shown
by that census.
(3) 1⁄3 in the ratio that—
(A) the total vehicle miles traveled on pub-
lic roads in each State; bears to
209
(B) the total number of vehicle miles trav-
eled on public roads in all States.
(e) 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 ap-
portioned 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 under this section shall be 80 percent.
Notwithstanding any other provision of law, projects as-
sisted under this section shall be treated as projects on
a Federal-aid system under such chapter.
(f) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) HIGH RISK RURAL ROAD.—The term ‘‘high
risk rural road’’ means any roadway functionally
classified as a rural major or minor collector or a
rural local road—
(A) on which the accident rate for fatali-
ties and incapacitating injuries exceeds the
statewide average for these functional classes of
roadway; or
(B) which will likely have increases in traf-
fic volume that are likely to create an accident
rate for fatalities and incapacitating injuries
210
that exceeds the statewide average for these
functional classes of roadway.
(2) STATE AND URBANIZED AREA.—The terms
‘‘State’’ and ‘‘urbanized area’’ have the meaning
such terms have under section 101(a) of title 23,
United States Code.
SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY
PROGRAMS.
(a) USE OF SAFETY BELTS AND MOTORCYCLE HEL-
METS.—Section 153(h) of title 23, United States Code,
is amended—
(1) in paragraph (2)—
(A) in the paragraph heading by striking
‘‘THEREAFTER.—’’ 
and 
inserting 
‘‘FISCAL
YEARS 1995–2004.—’’; and
(B) by inserting ‘‘and ending before Octo-
ber 1, 2004,’’ after ‘‘September 30, 1994,’’;
(2) by redesignating paragraphs (3) through
(5) as paragraphs (4) through (6), respectively;
(3) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) FISCAL YEAR 2005 AND THEREAFTER.—On
October 1, 2004, and each October 1 thereafter, if
a State does not have in effect a law described in
subsection (a)(2), the Secretary shall transfer from
211
the funds apportioned to the State on that date
under each of subsections (b)(1), (b)(2), and (b)(3)
of section 104 to the apportionment of the State
under section 402 an amount equal to 3 percent of
the funds apportioned to the State under such sub-
sections for fiscal year 2003.’’; and
(4) in paragraph (5) (as so redesignated)—
(A) by striking ‘‘which is determined by
multiplying’’ and inserting ‘‘which, for fiscal
year 2005 and each fiscal year thereafter, is de-
termined by multiplying’’; and
(B) in subparagraph (B) by striking ‘‘such
fiscal year’’ each place it appears and inserting
‘‘fiscal year 2003’’.
(b) OPEN
CONTAINER
REQUIREMENTS.—Section
154(c) of title 23, United States Code, is amended—
(1) in paragraph (2)—
(A) in the paragraph heading by striking
‘‘FISCAL
YEARS
THEREAFTER’’ and inserting
‘‘FISCAL YEAR 2004’’ ; and
(B) by striking ‘‘and each October 1 there-
after,’’;
(2) by redesignating paragraphs (3) through
(7) as paragraphs (4) through (8), respectively;
212
(3) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) FISCAL YEAR 2005 AND THEREAFTER.—On
October 1, 2004, and each October 1 thereafter, if
a State has not enacted or is not enforcing an open
container law described in subsection (b), the Sec-
retary shall transfer from the funds apportioned to
the State on that date under each of paragraphs (1),
(3), and (4) of section 104(b) an amount equal to
3 percent of the funds apportioned to the State
under such paragraphs for fiscal year 2003 to be
used or directed as described in subparagraph (A) or
(B) of paragraph (1).’’;
(4) in paragraph (5) (as so redesignated) by
striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph
(4)’’;
(5) in paragraphs (4), (5), and (6) (as so redes-
ignated) by striking ‘‘paragraph (1) or (2)’’ and in-
serting ‘‘paragraph (1), (2), or (3)’’; and
(6) in paragraph (7)(B) (as so redesignated)—
(A) by striking ‘‘The amount’’ and insert-
ing ‘‘For fiscal year 2005 and each fiscal year
thereafter, the amount’’; and
213
(B) in subclauses (I) and (II) of clause (ii)
by striking ‘‘the fiscal year’’ and inserting ‘‘fis-
cal year 2003’’.
(c) MINIMUM PENALTIES FOR CERTAIN REPEAT OF-
FENDERS.—Section 164(b) of title 23, United States
Code, is amended—
(1) in paragraph (2)—
(A) in the paragraph heading by striking
‘‘AND FISCAL YEARS THEREAFTER’’ and insert-
ing ‘‘FISCAL YEAR 2004’’ ; and
(B) by striking ‘‘and each October 1 there-
after,’’;
(2) by redesignating paragraphs (3) through
(7) as paragraphs (4) through (8), respectively;
(3) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) FISCAL YEAR 2005 AND THEREAFTER.—On
October 1, 2004, and each October 1 thereafter, if
a State has not enacted or is not enforcing a repeat
intoxicated driver law, the Secretary shall transfer
from the funds apportioned to the State on that date
under each of paragraphs (1), (3), and (4) of section
104(b) an amount equal to 3 percent of the funds
apportioned to the State under such paragraphs for