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SEC. 1408. 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 promulgate regulations—
(1) to decrease the probability of worker injury;
(2) to maintain the free flow of vehicular traffic
by requiring workers whose duties place the workers
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 clothing; and
(3) to require such other worker-safety measures
for workers described in paragraph (2) as the Sec-
retary determines appropriate.
SEC. 1409. OPEN CONTAINER REQUIREMENTS.
Section 154 of title 23, United States Code, is amended
by striking subsection (c) and inserting the following:
‘‘(c) TRANSFER OF FUNDS.—
‘‘(1) IN GENERAL.—The Secretary shall withhold
the applicable percentage for the fiscal year of the
amount required to be apportioned for Federal-aid
highways to any State under each of paragraphs (1),
(3), and (4) of section 104(b), if a State has not en-
acted or is not enforcing a provision described in sub-
section (b), as follows:
‘‘For:
The applicable percentage is:
Fiscal year 2008 ...............................
2 percent.
Fiscal year 2009 ...............................
2 percent.
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‘‘For:
The applicable percentage is:
Fiscal year 2010 ...............................
2 percent.
Fiscal year 2011 and each subse-
quent fiscal year.
2 percent.
‘‘(2) RESTORATION.—If (during the 4-year pe-
riod beginning on the date the apportionment for any
State is reduced in accordance with this subsection)
the Secretary determines that the State has enacted
and is enforcing a provision described in subsection
(b), the apportionment of the State shall be increased
by an amount equal to the amount of the reduction
made during the 4-year period.’’.
SEC. 1410. SAFE INTERSECTIONS.
(a) IN GENERAL.—Chapter 2 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 39. Traffic signal preemption transmitters
‘‘(a) OFFENSES.—
‘‘(1) SALE.—A person who knowingly sells a
traffic signal preemption transmitter in or affecting
interstate or foreign commerce to a person who is not
acting on behalf of a public agency or private cor-
poration authorized by law to provide fire protection,
law enforcement, emergency medical services, transit
services, maintenance, or other services for a Federal,
State, or local government entity, shall, notwith-
standing section 3571(b), be fined not more than
$10,000, imprisoned not more than 1 year, or both.
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‘‘(2) USE.—A person who makes unauthorized
use of a traffic signal preemption transmitter in or
affecting interstate or foreign commerce shall be fined
not more than $10,000, imprisoned not more than 6
months, or both.
‘‘(b) DEFINITIONS.—In this section, the following defi-
nitions apply:
‘‘(1) TRAFFIC
SIGNAL
PREEMPTION
TRANS-
MITTER.—The term ‘traffic signal preemption trans-
mitter’ means any mechanism that can change or
alter a traffic signal’s phase time or sequence.
‘‘(2) UNAUTHORIZED USE.—
‘‘(A) IN GENERAL.—The term ‘unauthorized
use’ means use of a traffic signal preemption
transmitter by a person who is not acting on be-
half of a public agency or private corporation
authorized by law to provide fire protection, law
enforcement, emergency medical services, transit
services, maintenance, or other services for a
Federal, State, or local government entity.
‘‘(B) EXCEPTION.—The term ‘unauthorized
use’ does not apply to use of a traffic signal pre-
emption transmitter for classroom or instruc-
tional purposes.’’.
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(b) CHAPTER ANALYSIS.—The chapter analysis for
chapter 2 of title 18, United States Code, is amended by
adding at the end the following:
‘‘39. Traffic signal preemption transmitters.’’.
SEC. 1411. PRESIDENTIAL COMMISSION ON ALCOHOL-IM-
PAIRED DRIVING.
(a) FINDINGS.—Congress finds that—
(1) there has been considerable progress over the
past 25 years in reducing the number and rate of al-
cohol-related highway fatalities;
(2) the National Highway Traffic Safety Admin-
istration projects that fatalities in alcohol-related
crashes declined in 2004 for the second year in a row;
(3) in spite of this progress, an estimated 16,654
Americans died in 2004, in alcohol-related crashes;
(4) these fatalities comprise 39 percent of the an-
nual total of highway fatalities;
(5) about 250,000 are injured each year in alco-
hol-related crashes;
(6) the past 2 years of decreasing alcohol-related
fatalities follows a 3-year increase;
(7) drunk driving is the Nation’s most frequently
committed violent crime;
(8) the annual cost of alcohol-related crashes is
over $100,000,000,000, including $9,000,000,000 in
costs to employers;
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(9) a Presidential Commission on Drunk Driv-
ing in 1982 and 1983 helped to lead to substantial
progress on this issue; and
(10) these facts point to the need to renew the
national commitment to preventing these deaths and
injuries.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that, in an effort to further change the culture of alcohol
impaired driving on our Nation’s highways, the President
should consider establishing a Presidential Commission on
Alcohol-Impaired Driving—
(1) comprised of—
(A) representatives of State and local gov-
ernments, including state legislators;
(B) law enforcement;
(C) traffic safety experts, including re-
searchers;
(D) victims of alcohol-related crashes;
(E) affected industries, including the alco-
hol, insurance, and auto industries;
(F) the business community;
(G) labor;
(H) the medical community;
(I) public health; and
(J) Members of Congress; and
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(2) that not later than September 30, 2006,
would—
(A) conduct a full examination of alcohol-
impaired driving issues; and
(B) make recommendations for a broad
range of policy and program changes that would
serve to further reduce the level of deaths and in-
juries caused by drunk driving.
SEC. 1412. SENSE OF THE SENATE IN SUPPORT OF IN-
CREASED PUBLIC AWARENESS OF BLOOD AL-
COHOL CONCENTRATION LEVELS AND THE
DANGERS OF DRINKING AND DRIVING.
(a) FINDINGS.—The Senate finds that—
(1) in 2003—
(A) 17,013 Americans died in alcohol-re-
lated traffic crashes;
(B) 40 percent of the persons killed in traf-
fic crashes died in alcohol-related crashes; and
(C) drivers with blood alcohol concentration
levels over 0.15 were involved in 58 percent of al-
cohol-related traffic fatalities;
(2) research shows that 77 percent of Americans
think they have received enough information about
drinking and driving and the way in which alcohol