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to improve access to commercial motor vehicle 
parking facilities. 
(4) PRIORITY.—In allocating funds made avail-
able to carry out this section, the Secretary shall 
give priority to applicants that—
(A) demonstrate a severe shortage of com-
mercial motor vehicle parking capacity in the 
corridor to be addressed; 
(B) have consulted with affected State and 
local governments, community groups, private 
providers of commercial motor vehicle parking, 
and motorist and trucking organizations; and 
(C) 
demonstrate 
that 
their 
proposed 
projects are likely to have positive effects on 
highway safety, traffic congestion, or air qual-
ity. 
(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 2005 
through 2009. 
(2) CONTRACT AUTHORITY.—Funds authorized 
under this subsection shall be available for obligation
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in the same manner as if the funds were apportioned 
under chapter 1 of title 23, United States Code. 
(d) REPORT TO CONGRESS.—Not later than 5 years 
after the date of enactment of this Act, the Secretary shall 
transmit to Congress a report on the results of the pilot 
program. 
(e) FEDERAL SHARE.—The Federal share of the cost 
of a project carried out using amounts made available 
under this section shall be determined in accordance with 
sections 120(b) and 120(c) of title 23, United States Code. 
(f) APPLICABILITY OF TITLE 23.—Notwithstanding 
any other provision of law, projects funded under this sec-
tion shall be treated as projects on a Federal-aid system 
under chapter 1 of title 23, United States Code. 
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 section’ 
and inserting ‘section 130(f)’; and
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(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)—
(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—
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(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—
(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.—
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‘(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). 
‘(3) FEDERAL SHARE.—The Federal share pay-
able on account of any project financed with funds 
authorized to be appropriated to carry out this sec-
tion 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:
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‘(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 
(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).
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(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 
(B) by inserting after ‘pedestrians,’ the fol-
lowing: ‘and the disabled, identify roadway safe-
ty improvement needs for such locations, sec-
tions, and elements,’. 
(2) HAZARDS.—Section 152(a)(2)(A) of such 
title is amended by inserting ‘the disabled,’ after ‘pe-
destrians,’. 
(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 likeli-
hood of crashes involving road departures, intersec-
tions, pedestrians, the disabled, bicyclists, older driv-
ers, or construction work zones’.
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(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 man-
agement in construction work zones; 
‘(5) installation of barriers between construc-
tion work zones and traffic lanes for the safety of 
motorists and workers; and 
‘(6) compilation and analysis of data under sub-
sections (f) and (g) if the funds used for this pur-
pose 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 appro-
priated to carry out this section shall be apportioned 
to the States in accordance with the formula set 
forth in section 104(b)(3)(A).
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‘(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 pay-
able on account of any project financed with funds 
authorized to be appropriated to carry out this sec-
tion shall be 90 percent of the cost thereof.’. 
(6) BIENNIAL REPORT TO CONGRESS.—
(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.
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‘(2) An analysis of the effectiveness of such cat-
egories of projects in reducing the number and se-
verity 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 program 
improvements to reduce the number of high hazard 
locations. 
‘(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) TECHNICAL AMENDMENT.—Section 133(b) of 
such title is amended by redesignating paragraphs (13) 
and (14) as paragraphs (12) and (13), respectively. 
(h) EFFECTIVE DATE.—The amendments made by 
subsections (b)(1), (d), (e), and (f) shall take effect on 
September 30, 2005.
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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. 
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.
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(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 
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.
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(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 
(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:
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(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 
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)—
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(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 
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 deter-
mined by multiplying’; and
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(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; 
(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
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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 inserting 
‘For fiscal year 2005 and each fiscal year there-
after, the amount’; and 
(B) in subclauses (I) and (II) of clause (ii) 
by striking ‘the fiscal year’ and inserting ‘fiscal 
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,’;