I 
107TH CONGRESS 
2D SESSION 
H. R. 5712
To amend title 23, United States Code, to improve roadway safety for motor 
vehicles, bicycles, and pedestrians and workers in proximity to vehicle traffic. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 13, 2002
Mr. BORSKI introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, to improve roadway 
safety for motor vehicles, bicycles, and pedestrians and 
workers in proximity to vehicle traffic.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ELIMINATION OF HAZARDS RELATED TO HIGH-
WAY FACILITIES. 
(a) 
DEFINITION
OF
SAFETY
IMPROVEMENT 
PROJECT.—Section 101(a)(30) of title 23, United States 
Code, is amended by inserting ‘‘installs or maintains fluo-
rescent, yellow-green signs at pedestrian or bicycle cross-
ings or school zones,’’ after ‘‘call boxes,’’. 
(b) RAILWAY-HIGHWAY CROSSINGS.—
(1) ELIGIBLE PROJECTS.—The first sentence of 
section 130(a) of such title is amended by inserting 
‘‘maintenance 
of 
protective 
devices,’’ 
after 
‘‘structures,’’. 
(2) FUNDS
FOR
PROTECTIVE
DEVICES.—Sec-
tion 130(e) of such title is amended by striking ‘‘At 
least 1⁄2’’ and inserting ‘‘For each fiscal year, at 
least $150,000,000’’. 
(3) BIENNIAL
REPORTS
TO
CONGRESS.—The 
third sentence of section 130(g) of such title is 
amended—
(A) by striking ‘‘not later than April 1 of 
each year’’ and inserting ‘‘every other year’’; 
(B) by adding at the end the following: 
‘‘The Secretary shall combine this report with 
the Secretary’s report under section 152(h).’’. 
(4) EXPENDITURE OF FUNDS.—Section 130 of 
such title is further amended by adding at the end 
the following: 
‘‘(k) EXPENDITURE OF FUNDS.—Funds made avail-
able to carry out this section shall be available for expendi-
ture on compilation and analysis of data in support of ac-
tivities carried out under subsection (g).’’.
(c) AVAILABILITY
OF SURFACE TRANSPORTATION 
PROGRAM
FUNDS.—The second sentence of section 
133(d)(1) of such title is amended—
(1) by inserting ‘‘equal’’ after ‘‘year an’’; and 
(2) by striking ‘‘which is’’ and all that follows 
before the period. 
(d) HAZARD ELIMINATION PROGRAM.—
(1) PURPOSES.—Section 152(a)(1) of such title 
is amended by inserting after ‘‘pedestrians,’’ the fol-
lowing: ‘‘identify roadway safety improvement needs 
for such locations, sections, and elements,’’. 
(2) 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 
likelihood of crashes involving road departures, 
intersections, pedestrians, bicycles, older drivers, or 
construction work zones’’. 
(3) 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; or 
‘‘(5) compilation and analysis of data under 
subsections (f) and (g).’’. 
(4) 
CONFORMING
AMENDMENT.—Section 
152(g) of such title is amended by striking the third 
sentence and all that follows through the period at 
the end of the section. 
(5) BIENNIAL REPORT TO CONGRESS.—Section 
152 of such title is amended—
(A) by redesignating subsection (h) as sub-
section (i); and 
(B) by inserting after subsection (g) the 
following: 
‘‘(h) BIENNIAL REPORTS TO CONGRESS.—Not later 
than 1 year after the date of enactment of this subsection, 
and every 2 years thereafter, 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 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 described in subsection (b) and a statement of 
the cost of such projects. 
‘‘(2) An analysis of the effectiveness of such 
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.’’. 
SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF 
VEHICULAR TRAFFIC. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall issue 
regulations to decrease 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 regulations may also require such other worker-safe-
ty measures for workers with those duties as the Secretary 
determines appropriate.
Æ