[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2125 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2125

  To direct the Secretary of Transportation to carry out programs and 
                 activities to improve highway safety.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2009

Mr. Rahall (for himself, Ms. Corrine Brown of Florida, and Mr. Gerlach) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Transportation to carry out programs and 
                 activities to improve highway safety.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Safety Act of 
2009''.

SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC.

    The Secretary of Transportation shall modify regulations issued 
pursuant to section 1402 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (23 U.S.C. 401 note; 119 
Stat. 1227) to allow fire services personnel that are subject to the 
regulations to wear apparel meeting the high visibility requirements 
set forth in NFPA 1971-2007 (Standard on Protective Ensembles for 
Structural Fire Fighting and Proximity Fire Fighting) in lieu of 
apparel meeting the requirements set forth in ANSI/ISEA 107-2004.

SEC. 3. POSITIVE PROTECTIVE DEVICES.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary of Transportation shall modify section 630.1108(a) of title 
23, Code of Federal Regulations, to ensure that--
            (1) at a minimum, positive protective measures are used to 
        separate workers on highway construction projects from 
        motorized traffic in all work zones conducted under traffic in 
        areas that offer workers no means of escape, including tunnels 
        and bridges, unless an engineering analysis determines 
        otherwise;
            (2) temporary longitudinal traffic barriers are used to 
        protect workers on highway construction projects in stationary 
        work zones lasting 2 weeks or more when the project design 
        speed is 45 miles per hour or greater and the nature of the 
        work requires workers to be within one lane-width from the edge 
        of a live travel lane, unless--
                    (A) an engineering analysis determines otherwise; 
                or
                    (B) the project is located in a State with a 
                population density of 20 or fewer persons per square 
                mile, outside of an urbanized area, and on a roadway 
                with an annual average daily traffic load that is less 
                than 100 vehicles per hour; and
            (3) when positive protective devices are necessary for 
        highway construction projects, such devices are paid for on a 
        unit pay basis, unless doing so would create a conflict with 
        innovative contracting approaches such as design-build or a 
        performance-based contract where the contractor is paid to 
        assume a certain risk allocation and payment is generally made 
        on a lump sum basis.

SEC. 4. USE OF PATENTED OR PROPRIETARY ITEMS TO FURTHER STATE STRATEGIC 
              HIGHWAY SAFETY PLANS.

    Section 112 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(h) Use of Patented or Proprietary Items To Further State 
Strategic Highway Safety Plans.--
            ``(1) Approval of use of federal funds.--The Secretary 
        shall approve the use of Federal funds made available to carry 
        out this chapter by a State in the payment of patented or 
        proprietary items if the State transportation department 
        certifies, based on the documented analysis and professional 
        judgment of qualified State transportation officials, that--
                    ``(A) the patented or proprietary item will 
                contribute to the accomplishment of one or more goals 
                set forth in the State's strategic highway safety plan;
                    ``(B) no equally suitable alternative item exists;
                    ``(C) any specified patented or proprietary item 
                will be clearly identified as a patented or proprietary 
                item in bid documents; and
                    ``(D) any patented or proprietary item specified 
                pursuant to the certification will be available in 
                sufficient quantity to complete any project identified 
                in bid documents.
            ``(2) Relationship to other laws.--The authority to utilize 
        patented or proprietary items provided in paragraph (1) is in 
        addition to authority to utilize such products that exists 
        under this section and under section 635.411 of title 23, Code 
        of Federal Regulations, as in effect on March 2, 2009. The 
        Secretary may not revise such regulation to reduce authority to 
        utilize patented or proprietary items.''.

SEC. 5. MINIMUM LEVEL OF RETROREFLECTIVITY FOR PAVEMENT MARKINGS.

    Not later than October 1, 2010, the Secretary of Transportation 
shall revise the Manual on Uniform Traffic Control Devices to include a 
standard for a minimum level of retroreflectivity that must be 
maintained for pavement markings. Such standard shall apply to all 
roads open to public travel.

SEC. 6. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) Highway Signs and Pavement Markings.--Section 148(a)(3)(B)(xi) 
of title 23, United States Code, is amended to read as follows:
                            ``(xi) Installation, replacement, and 
                        upgrade of highway signs and pavement markings, 
                        including any upgrade of materials and the 
                        implementation of any assessment or management 
                        method designed to meet a State-established 
                        performance standard, Federal regulation, or 
                        requirement contained in the Manual on Uniform 
                        Traffic Control Devices relating to minimum 
                        levels of retroreflectivity.''.
    (b) Maintaining Minimum Levels of Retroreflectivity.--
            (1) Definition.--Section 148(a) of such title is amended by 
        adding at the end the following:
            ``(7) Project to maintain minimum levels of 
        retroreflectivity.--The term `project to maintain minimum 
        levels of retroreflectivity' means a project undertaken 
        pursuant to the provisions of the Manual on Uniform Traffic 
        Control Devices requiring public agencies to use an assessment 
        or management method that is designed to maintain highway sign 
        or pavement marking retroreflectivity at or above prescribed 
        minimum levels.''.
            (2) Eligible projects.--Section 148(d)(1) of such title is 
        amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) any project to maintain minimum levels of 
                retroreflectivity on a public road, whether or not such 
                project is included in the State strategic highway 
                safety plan; or''.
            (3) Increased federal share.--The first sentence of section 
        120(c)(1) is amended by inserting ``maintaining minimum levels 
        of retroreflectivity of highway signs or pavement markings,'' 
        after ``signalization,''.

SEC. 7. ROADWAY SAFETY IMPROVEMENT PROGRAM FOR OLDER DRIVERS AND 
              PEDESTRIANS.

    (a) In General.--The Secretary of Transportation shall carry out a 
program to improve traffic signs and pavement markings in all States 
(as such term is defined in section 101 of title 23, United States 
Code) in a manner consistent with the recommendations included in the 
publication of the Federal Highway Administration entitled ``Guidelines 
and Recommendations to Accommodate Older Drivers and Pedestrians (FHWA-
RD-01-103)'' and dated October 2001.
    (b) Apportionment of Funds.--On October 1 of each fiscal year, the 
Secretary shall apportion sums authorized to be appropriated to carry 
out this section for such fiscal year among the several States using 
the overall formula share for each State for fiscal year 2009 for all 
funds subject to section 105 of title 23, United States Code, including 
equity bonus funds, obtained after application of such section 105 for 
such fiscal year.
    (c) Federal Share.--The Federal share of the cost of a project 
carried out under this section shall be determined in accordance with 
section 120 of title 23, United States Code.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) $90,000,000 to carry out this section for each of fiscal years 
2010 through 2014.
    (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 apportioned under chapter 1 of title 23, United States 
Code.

SEC. 8. RAIL-HIGHWAY GRADE CROSSINGS.

    (a) Transparency of State Survey and Schedule of Railway-Highway 
Grade Crossings.--
            (1) Survey and schedule of projects.--Section 130(d) of 
        title 23, United States Code, is amended by adding at the end 
        the following: ``Each State shall make surveys and schedules 
        compiled under this subsection available to the public through 
        the Internet Web site of the State.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that is 180 days after the date 
        of enactment of this subsection.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out section 130 of title 23, United States Code, 
$220,000,000 for each of fiscal years 2010 through 2014.
    (c) Conforming Amendments.--Section 130 of title 23, United States 
Code, is amended--
            (1) in subsection (e)(1) by striking the first sentence; 
        and
            (2) in subsections (f)(1) and (f)(3) by striking ``set 
        aside'' and inserting ``made available''.

SEC. 9. REVIEW OF SAFETY OF RAIL-HIGHWAY GRADE CROSSINGS.

    (a) In General.--The Secretary of Transportation shall conduct a 
comprehensive review of the safety of all rail-highway grade crossings 
in the United States.
    (b) Method.--In reviewing the safety of a rail-highway grade 
crossing under subsection (a), the Secretary shall--
            (1) assess, at a minimum, safety conditions, average daily 
        traffic, proximity to schools, past accidents, fatalities, and 
        possible safety improvements; and
            (2) determine the best method for making the crossing 
        safer, including closings, grade separations, installation of 
        protective devices, and other methods.
    (c) Priority List.--Based on the information collected in 
conducting the comprehensive review under subsection (a), the Secretary 
shall compile, maintain, and submit to Congress a list of the 10 rail-
highway grade crossings in each State that have the greatest need for 
safety improvements.
    (d) Inclusion in Rail-Highway Grade Crossing Database.--The 
Secretary shall include the information collected in conducting the 
comprehensive review under subsection (a), and the priority list 
submitted under subsection (c), in the national database on the safety 
of rail-highway grade crossings required under section 20168(a) of 
title 49, United States Code, as added by section 10 of this Act.
    (e) Update.--The Secretary shall update the comprehensive review 
under subsection (a) at least once every 4 years.
    (f) Availability of Information.--The Secretary shall make priority 
lists and databases compiled under this section available to the public 
through the Internet Web site of the Department of Transportation.
    (g) Limitation on Use of Data in Judicial Proceedings.--
Notwithstanding any other provision of law, any report, review, survey, 
schedule, list, data, or information or document of any kind compiled 
or collected pursuant to this section, including for the purpose of 
identifying, evaluating, or planning the safety enhancement of a 
potential accident site or railway-highway crossing pursuant to this 
section shall not be subject to discovery or admitted into evidence in 
a Federal or State court proceeding or considered for other purposes in 
any action for damages arising from any occurrence at a location 
mentioned or addressed in such report, review, survey, schedule, list, 
or data.

SEC. 10. RAIL-HIGHWAY GRADE CROSSING SAFETY.

    (a) Rail-Highway Grade Crossing Safety.--Subchapter II of chapter 
201 of title 49, United States Code, is amended by adding at the end 
the following:
``Sec. 20168. Rail-highway grade crossing safety information
    ``(a) Establishment of Database.--The Secretary of Transportation 
shall establish and maintain a national database of information on the 
safety of rail-highway grade crossings in the United States.
    ``(b) Accident and Incident Reports To Be Included in Database.--
The Secretary shall include in the database under subsection (a) 
information from incident reports filed with the Federal Railroad 
Administration regarding accidents and other safety-related incidents 
that have occurred at rail-highway grade crossings.''.
    (b) Clerical Amendment.--The analysis for subchapter II of such 
chapter is amended by adding at the end the following:

``20168. Rail-highway grade crossing safety information.''.

SEC. 11. RURAL STATE INITIATIVE.

    (a) in General.--To address the problem of a significant portion of 
traffic fatalities occurring on highways in rural areas, the Secretary 
of Transportation shall, for each fiscal year beginning with fiscal 
year 2010, allocate $20,000,000 to each State with a population density 
of less than 20 persons per square mile (based on the most recent 
decentennial census) for use by such States for projects, programs, and 
activities that are eligible for assistance under section 148 of title 
23, United States Code, and not located in an urbanized area (as 
defined in section 134(b)(6) of such title).
    (b) Treatment of Funds.--Such allocations shall not be considered 
an apportionment within the meaning of section 105 of such title or 
considered a ``specific program'' within the meaning of such section 
105.
    (c) Federal Share.--The Federal share of the cost of a project 
carried out under this section shall be determined in accordance with 
section 120 of such title.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) such sums as may be necessary to carry out this section for 
each of fiscal years 2010 through 2014.
    (e) Applicability of Title 23.--Except as provided by subsection 
(b), funds made available to carry out this section shall be available 
for obligation in the same manner as if such funds were apportioned 
under chapter 1 of title 23, United States Code.
                                 <all>