[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 791 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 791
To direct the Secretary of Transportation to carry out programs and
activities to improve highway safety.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 2, 2009
Mr. Baucus introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
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 (e.g., tunnels,
bridges, etc.), 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 and the project is outside of an urbanized area
and the road's annual average daily traffic (AADT) load
is less than 100 vehicles per hour; and
(3) when positive protective devices are necessary for
highway construction projects, these 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 some
performance-based contracts 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) The Secretary shall approve the use of Federal funds
made available to carry out this chapter 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 this certification will be available in
sufficient quantity to complete any project identified
in bid documents.
``(2) 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
23 CFR 635.411 as in effect on March 2, 2009. The Secretary may
not revise said regulation to reduce authority to utilize
patented or proprietary items.''.
SEC. 5. MINIMUM LEVEL OR 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.
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) 23 U.S.C. 148(a) is amended by adding at the end
thereof the following paragraph--
``(7) Project to maintain minimum levels of
retroreflectivity.--The term `project to maintain minimum
levels of retroreflectivity' means a project undertaken
pursuant to 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) 23 U.S.C. 148(d)(1) is amended by striking ``(B)'' and
inserting in lieu thereof ``(C)'' and by inserting between
subparagraphs (A) and (C), as redesignated herein, the
following--
``(B) any project to maintain minimum levels of
retroreflectivity on any public road, whether or not
such project is included in the State strategic highway
safety plan; or''.
(3) 23 U.S.C. 120(c)(1) is amended by inserting after
``signalization,'' the following:
``maintaining minimum levels of retroreflectivity of highway
signs or pavement markings,''.
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 said 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)(1) Transparency of State Survey and Schedule of Railway-Highway
Grade Crossings.--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) The effective date of this subsection shall be 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 highway-rail grade crossings
in the United States.
(b) Method.--In reviewing the safety of a highway-rail 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, or 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
highway-rail 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 highway-rail grade crossings required under section 20156(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 but not limited to 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) Highway-Rail Grade Crossing Safety.--Subchapter II of chapter
201 of title 49, United States Code, is amended by adding at the end
the following:
``SEC. 20156. 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 highway-rail 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 highway-rail grade crossings.''.
(b) Clerical Amendment.--The analysis for subchapter II of such
chapter is amended by adding at the end the following:
``20156. 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 million 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 and programs
and activities eligible under 23 U.S.C. 148 and not located in an
urbanized area as defined in section 134(b)(6), title 23, United States
Code.
(b) Such allocations shall not be considered an apportionment
within the meaning of section 105 of title 23, United States Code, or
considered a ``specific program'' within the meaning of said 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 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) 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) of this section, 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.
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