[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3355 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3355

  To direct the Secretary of Transportation to carry out a program to 
  improve roadway safety infrastructure in all States to enhance the 
    safety of older drivers and pedestrians, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2009

 Mr. Altmire 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 a program to 
  improve roadway safety infrastructure in all States to enhance the 
    safety of older drivers and pedestrians, and for other purposes.

    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 ``Older Driver and Pedestrian Safety 
and Roadway Enhancement Act of 2009.''

   TITLE I--ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND 
                              PEDESTRIANS

SEC. 101. ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND 
              PEDESTRIANS.

    (a) Establishment of Program.--The Secretary of Transportation 
shall establish and implement a program, the roadway safety enhancement 
program for older drivers and pedestrians, to improve roadway safety 
infrastructure in all States in a manner consistent with the 
recommendations included in the publication of the Federal Highway 
Administration entitled ``Highway Design Handbook for Older Drivers and 
Pedestrians'' (FHWA-RD-01-103), referred to in this Act as the 
``Handbook'', dated May 2001 or as subsequently revised and updated 
pursuant to section 103.
    (b) Purpose.--The purpose of the roadway safety enhancement program 
for older drivers and pedestrians is to achieve a significant reduction 
in roadway fatalities and serious injuries among drivers and 
pedestrians 65 years of age or older on all public roads.
    (c) Apportionment of Funds.--
            (1) In general.--On October 1 of each fiscal year, the 
        Secretary shall apportion such funds authorized to be 
        appropriated to carry out this section for such fiscal year 
        among the States in accordance with the following formula:
                    (A) 33\1/3\ percent of the apportionment in the 
                ratio that--
                            (i) the total vehicle miles traveled on 
                        lanes on public roads in each State; bears to
                            (ii) the total vehicle miles traveled on 
                        lanes on public roads in all States.
                    (B) 33\1/3\ percent of the apportionment in the 
                ratio that--
                            (i) the total per capita population of 
                        individuals 65 years of age or older residing 
                        in each State in the latest fiscal year for 
                        which data is available, bears to
                            (ii) the total per capital population of 
                        individuals 65 years of age or older residing 
                        in all States in the latest fiscal year for 
                        which data is available.
                    (C) 33\1/3\ percent of the apportionments in the 
                ratio that--
                            (i) the total number of fatalities and 
                        serious injuries among drivers and pedestrians 
                        65 years of age or older on public roads in 
                        each State in the latest fiscal year for which 
                        data are available, bears to
                            (ii) the total number of fatalities and 
                        serious injuries among drivers and pedestrians 
                        65 years of age or older on the public roads in 
                        all States in the latest fiscal year for which 
                        data are available.
            (2) Minimum apportionment.--Notwithstanding paragraph (1), 
        each State shall receive a minimum apportionment of not less 
        than one percent of the funds apportioned under this 
        subsection.
    (d) Project Eligibility and Selection.--
            (1) In general.--A State may obligate funds apportioned to 
        the State under subsection (c) for the planning, design, and 
        construction of infrastructure-related projects that employ 
        safety enhancement recommendations set forth in the Handbook--
                    (A) to improve safety at intersections, 
                interchanges, rail grade crossings, and roadway 
                segments;
                    (B) to make systemic roadway safety improvements on 
                public roads; and
                    (C) to improve roadway safety on other sections or 
                elements of public roads that a State transportation 
                department identifies as hazardous for older drivers 
                and pedestrians.
            (2) Project identification and selection priorities.--To 
        obligate funds apportioned under subsection (c) to carry out 
        this section, a State shall have in effect, either in 
        conjunction with a State strategic highway safety plan pursuant 
        to section 148 of title 23, United States Code, or separately, 
        appropriate policies and procedures developed by the State 
        transportation department to--
                    (A) analyze and make effective use of State, 
                regional and local crash and fatality data, hospital 
                reports and other data to document traffic-related 
                fatalities and injuries to individuals 65 years of age 
                or older;
                    (B) consult with appropriate State and local 
                transportation planning agencies, State and local 
                safety agencies and organizations, representatives of 
                the roadway infrastructure safety industry, and State 
                and local organizations representing older drivers and 
                pedestrians, to identify hazardous locations, sections, 
                and elements of public roads that constitute a danger 
                for drivers, vehicle occupants, or pedestrians 65 years 
                of age or older;
                    (C) determine the relative severity of hazardous 
                road and highway locations, sections and elements for 
                drivers and pedestrians age 65 years or older through 
                crash and injury data analysis;
                    (D) establish priorities for obligating funds among 
                potential projects for correction of hazardous road and 
                highway conditions, which shall include projects that--
                            (i) involve hazardous intersection, road or 
                        highway conditions identified in a strategic 
                        highway safety plan pursuant to section 
                        148(c)(1)(D) as exhibiting the most severe 
                        safety needs;
                            (ii) make use of multiple Handbook 
                        recommendations or the use of a systemic 
                        program to correct the most serious highway 
                        safety hazards for drivers or pedestrians 65 
                        years of age or older; or
                            (iii) are used in conjunction with other 
                        Federal programs such as the safe routes to 
                        schools program pursuant to section 1404 of 
                        SAFETEA-LU or such other road safety design 
                        improvements or funding that enhance traffic 
                        and pedestrian safety for all roadway users;
                    (E) establish and implement a schedule of roadway 
                infrastructure safety improvement projects for hazard 
                correction and hazard prevention; and
                    (F) establish an evaluation process to analyze and 
                assess results achieved by highway safety improvement 
                projects carried out in accordance with procedures and 
                criteria established by the section and report annually 
                the results of such evaluations to the Secretary.
    (e) Federal Share.--The Federal share of the cost of a project 
carried out under this section shall be 90 percent.
    (f) Definitions.--As used in this section, the terms ``public 
road'', ``State'', and ``State transportation department'' have the 
meaning such terms have in section 101 of title 23, United States Code.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated out 
        of the Highway Trust Fund (other than the Mass Transit Account) 
        $500,000,000 to carry out this section for each of fiscal years 
        2010 through 2015.
            (2) Applicability of title 23.--Funds authorized to be 
        appropriated to carry out this section shall be available for 
        obligation in the same manner as if such funds were 
        appropriated under chapter 1 of title 23, United States Code, 
        and such funds shall remain available until expended and shall 
        not be transferable.

SEC. 102. REGULATIONS.

    Not later than 9 months after the date of enactment of this Act, 
the Secretary shall issue regulations to carry out section 101.

SEC. 103. REVISION OF THE HIGHWAY DESIGN HANDBOOK FOR OLDER DRIVERS AND 
              PEDESTRIANS.

    The Secretary of Transportation shall--
            (1) finalize the revision of the Handbook for publication 
        on or before the date required for issuance of regulations in 
        section 102;
            (2) initiate a review of applicable traffic safety research 
        for purposes of incorporating in the Handbook appropriate 
        recommendations relating to--
                    (A) supplemental lighting at intersections, 
                interchanges, rail-grade rail crossings and hazardous 
                sections of roadways, as appropriate, to address visual 
                impairments among older drivers;
                    (B) wet-night visibility of pavement markings and 
                edgelines; and
                    (C) design of intersection curbs and curb ramps to 
                address physical limitations of older or disabled 
                pedestrians;
            (3) issue, not later than one year after the date of 
        enactment of this section, a guidance memo regarding the 
        appropriateness of applying to public roads and highways 
        pedestrian safety improvements relating to the following 
        intersection design elements:
                    (A) receiving lane (throat) width for turning 
                operations;
                    (B) channelization;
                    (C) offset (single) left-turn lane geometry, 
                signing, and delineation;
                    (D) curb radius; and
                    (E) pedestrian crossing design, operations, and 
                control; and
            (4) conduct ongoing research to permit revision and 
        publication of an updated Handbook not later than December 31, 
        2014.

  TITLE II--OLDER DRIVER AND PEDESTRIAN TRAFFIC SAFETY AMENDMENTS AND 
                      ADMINISTRATIVE COORDINATION

SEC. 201. MISCELLANEOUS CONFORMING AMENDMENTS.

    (a) Collection of Traffic Injury and Fatality Data on Older Drivers 
and Pedestrians.--Section 148(c)(1)(D) of title 23, United States Code, 
is amended--
            (1) by striking ``and'' at the end of clause (iii);
            (2) by inserting ``and'' at the end of clause (iv); and
            (3) by inserting after clause (iv), the following:
                            ``(v) includes a means of identifying the 
                        relative severity of hazardous locations 
                        described in clause (iii) in terms of 
                        accidents, injuries, and death involving 
                        drivers, passengers, and pedestrians 65 years 
                        of age or older;''.
    (b) Repeal of Existing Law.--Section 1405 of the Safe, Accountable, 
Flexible, Efficient Transportation Act: A Legacy for Users (23 U.S.C. 
401 note; 119 Stat. 1230), and the item relating to such section in 
section 1(b) of such Act, are repealed.

SEC. 202. COORDINATION AND OVERSIGHT OF OLDER DRIVER SAFETY.

    (a) In General.--The Secretary shall appoint a Special Assistant 
for Older Driver and Pedestrian Safety within the Office of the 
Secretary to oversee and coordinate programs operated or funded by the 
Department relating to transportation safety, research, and services 
for individuals age 65 and older.
    (b) Policy Goals and Implementation.--The Secretary shall 
establish, after consultation with other Federal and State 
transportation agencies, organizations representing individuals age 65 
and older, representatives of law enforcement, and advocates for 
roadway safety infrastructure, national goals for increasing driver, 
passenger, and pedestrian safety for persons age 65 and older, together 
with procedures for implementing and monitoring progress toward 
achieving such goals.
    (c) Duties of the Special Assistant.--The Special Assistant for 
Older Driver and Pedestrian Safety shall be responsible for planning 
and implementing policies to achieve the national goals set forth by 
the Secretary pursuant to subsection (b), and, in consultation with the 
Secretary and the Undersecretary for Policy, shall also have 
responsibility to:
            (1) oversee collection and analysis of national traffic 
        accident, injury, and fatality data relating to individuals age 
        65 and older;
            (2) coordinate and make recommendations regarding research 
        undertaken by the Department to identify and address the safety 
        needs of drivers, passengers, and pedestrians age 65 and older;
            (3) oversee the revision of the Handbook, as required by 
        section 103 of this Act;
            (4) oversee the conduct of research and make 
        recommendations for inclusion in the manual on uniform traffic 
        control devices of appropriate safety features and traffic 
        control devices in the Handbook that have been determined 
        effective in reducing injuries or fatalities among drivers, 
        passengers, and pedestrians age 65 and older;
            (5) oversee research by the National Highway Traffic Safety 
        Administration to test and implement vehicle crash dummies that 
        more accurately reproduce and measure the severity of vehicle-
        related injuries for occupants age 65 and older;
            (6) encourage and facilitate revision of the abbreviated 
        injury scale system of injury quantification to more accurately 
        measure injuries and fatalities to vehicle occupants age 65 and 
        older, including measuring the effect of pre-existing and 
        chronic conditions and long-term injury outcomes;
            (7) improve coordination of research sponsored by the 
        Department to develop efficient, effective and safe mobility 
        options for individuals age 65 and older with research 
        conducted by the National Center on Senior Transportation; and
            (8) undertake such other duties and responsibilities that 
        the Secretary or the Undersecretary for Policy shall determine 
        appropriate.
    (d) Report to Congress.--The Secretary, not later than 12 months 
after the date of enactment of this section, and not less than annually 
thereafter, shall submit to Congress a report that documents the 
progress made by the Department to achieve the goals set forth by the 
Secretary pursuant to subsection (b), that shall include, as 
appropriate, descriptions of any impediments to achieving such goals, 
explanation of strategies or plans to address such impediments, and 
recommendations for additional Congressional action.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated out 
        of the Highway Trust Fund (other than the Mass Transit Account) 
        $250,000 to carry out subsection (d) for each of fiscal years 
        2010 through 2015.
            (2) Applicability of title 23.--Funds authorized to be 
        appropriated to carry out subsection (d) shall be available for 
        obligation in the same manner as if such funds were 
        appropriated under chapter 1 of title 23, United States Code, 
        and such funds shall remain available until expended and shall 
        not be transferable.

SEC. 203. MINIMUM LEVELS 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, which shall apply to all roads open 
to public travel.
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