I 
108TH CONGRESS 
1ST SESSION 
H. R. 288
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 8, 2003
Mr. INSLEE introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
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 Representa-
tives 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 fol-
lowing:
‘‘§ 165. Roadway safety program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a roadway safety program in accord-
ance with this section. 
‘‘(b) ELIGIBLE PROJECTS.—A State may obligate 
funds apportioned under this section to carry out the fol-
lowing roadway safety enhancement activities: 
‘‘(1) OLDER
DRIVER
ROADWAY
SAFETY
EN-
HANCEMENTS.—
‘‘(A) 
ROADWAY
ENHANCEMENTS.—All 
roadway enhancements recommended in the 
Federal Highway Administration Publication: 
Guidelines and Recommendations to Accommo-
date Older Drivers and Pedestrians (FHWA–
RD–01–103). 
‘‘(B) CONSTRUCTION
SAFETY
ENHANCE-
MENTS.—All construction safety enhancements 
to which section 120(c) applies. Acquisition and 
installation of guardrail, guardrail end treat-
ments, 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 Transpor-
tation Research Board of the National Academy 
of Sciences. Acquisition and installation of 
guide sign lighting retrieval systems. Installa-
tion of rumble strips. Such other safety projects 
as the Secretary may designate. 
‘‘(2) SAFETY MANAGEMENT SYSTEMS.—
‘‘(A) SIGN AND PAVEMENT MARKING MAN-
AGEMENT SYSTEM PROGRAMS.—Development of 
sign and pavement marking management sys-
tem programs for States, cities, and other local 
governments. 
‘‘(B) RETRO
REFLECTIVITY
SYSTEM
UP-
GRADES.—System upgrades to bring roadways 
in compliance with congressionally mandated 
minimum levels of retro reflectivity for pave-
ment markings and signs. 
‘‘(3) RUN-OFF-ROAD MITIGATION.—
‘‘(A) WET-NIGHT PAVEMENT MARKINGS.—
Improvement of wet-night pavement markings. 
‘‘(B) RUMBLE
STRIPS
AND
ROAD
SIGN-
ING.—Installation of auditory and visual road-
way 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.—Im-
plementation of pedestrian and bicycle safety coun-
termeasures, such as auditory crosswalks, round-
abouts, 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 auto-
mated enforcement technologies in reducing injuries 
and fatalities. 
‘‘(7) EMERGENCY
MANAGEMENT.—Acquisition 
and storage of emergency management signs (includ-
ing 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 func-
tion 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 de-
vices, signs, and markings, at highway-rail grade 
crossings. 
‘‘(10) COMPLIANCE WITH FEDERAL REQUIRE-
MENTS.—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 re-
quiring each State to comply with the following re-
quirements: 
‘‘(A) TRAINING OF INSTALLERS.—All in-
stallers of guardrail and associated roadside 
safety systems working in the State on highway 
projects eligible for assistance under this chap-
ter after September 30, 2006, shall be trained 
in the proper method of installation of such sys-
tems.
‘‘(B) PAVEMENT
MARKINGS.—All pave-
ment 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 de-
vices 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 depart-
ment, 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
PAVE-
MENT 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 SPECIFICA-
TIONS.—After September 30, 2006, before com-
mencement 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 great-
er, 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 reconfig-
uration 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 de-
partment of transportation, or the designee 
of the head of such department, that they 
have received training in proper traffic 
control techniques, device usage, and place-
ment. 
‘‘(iii) The lead contractor for the work 
will designate a person trained and cer-
tified 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 cer-
tify 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 na-
tional standard on the use of positive separation for road-
way 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 classi-
fied as rural minor collectors or rural local 
roads; and 
‘‘(B) for any measure necessary to facili-
tate 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.—Notwith-
standing 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 apportion-
ment 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 edu-
cational 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 im-
pact of all safety construction programs and activi-
ties. 
‘‘(3) NATIONAL WORK ZONE SAFETY INFORMA-
TION CLEARINGHOUSE.—Such amount as the Sec-
retary 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
PRO-
GRAM.—$500,000 only for fiscal year 2004 to pro-
vide for the training and certification as roadway 
flagger trainers of such local technical assistance 
program staff as the Secretary determines appro-
priate. 
‘‘(j) FEDERAL SHARE.—Except as provided in sub-
sections (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 Fed-
eral-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 relat-
ing 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 Ac-
count), 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 fis-
cal 
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 sec-
tion 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 au-
thorized by subsections (d) and (f) of this sec-
tion and subsection (i) of section 165’’; and 
(B) by striking ‘‘and the Surface Trans-
portation 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 safe-
ty program, in accordance with the following 
formula: 
‘‘(i) 25 percent of the apportionments 
in the ratio that—
‘‘(I) the total lane miles of Fed-
eral-aid highways in each State; bears 
to
‘‘(II) the total lane miles of Fed-
eral-aid highways in all States. 
‘‘(ii) 40 percent of the apportionments 
in the ratio that—
‘‘(I) the total vehicle miles trav-
eled on lanes on Federal-aid highways 
in each State; bears to 
‘‘(II) the total vehicle miles trav-
eled on lanes on Federal-aid highways 
in all States. 
‘‘(iii) 35 percent of the apportion-
ments 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.—Not-
withstanding 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 fol-
lowing: ‘‘police assistance during ‘high-risk’ work zone ac-
tivities (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 de-
partment of transportation,’’. 
SEC. 6. INCREASED FEDERAL SHARE FOR CERTAIN POSI-
TIVE SEPARATION MEASURES. 
Section 120(c) of title 23, United States Code, is fur-
ther 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 through-
out construction of the project at operational speeds equal 
to or greater than 45 miles per hour,’’.
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