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

Summary: Surface Transportation Safety Act of 2008 - Directs the Secretary of Transportation to modify certain federal regulations to: (1) allow fire services personnel to wear high visibility apparel meeting certain requirements; and (2) ensure that positive protective measures (including temporary longitudinal traffic barriers) are used to separate workers on highway construction projects from motorized traffic.

Directs the Secretary to approve the use of federal-aid highway funds for patented or proprietary items that further the goals of state strategic highway safety plans.

Directs the Secretary of Transportation to 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.

Revises requirements for the highway safety improvement program to count installation, replacement, and upgrade of highway signs and pavement markings as a highway safety improvement project. Directs the Secretary to: (1) require each state to assess local government financial obligations to maintain minimum levels of retroreflectivity in traffic signs and pavement markings; and (2) provide local governments funding for at least 90% of such obligations.

Directs the Secretary to: (1) carry out a program to improve traffic signs and pavement markings for older drivers and pedestrians in all states; (2) review the safety of all highway-rail grade crossings in the United States and, based on such review, compile a list of the ten highway-rail grade crossings having the greatest need for safety improvements; and (3) establish a national database of information on the safety of highway-rail grade crossings in the United States.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Safety Act of 
2008''.

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 an engineering analysis 
        determines otherwise; 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.--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--
            ``(1) 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;
            ``(2) no equally suitable alternative item exists;
            ``(3) any specified patented or proprietary item will be 
        clearly identified as a patented or proprietary item in bid 
        documents; and
            ``(4) any patented or proprietary item specified pursuant 
        to this certification will be available in sufficient quantity 
        to complete any project identified in bid documents.''.

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, 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)(A)(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) Minimum Levels of Retroreflectivity.--Section 148 of such title 
is amended by adding at the end the following:
    ``(i) Minimum Levels of Retroreflectivity.--Not later than 
September 30, 2010, the Secretary shall establish a program to require 
each State--
            ``(1) to conduct an assessment for each fiscal year of the 
        financial obligations, if any, of each unit of local government 
        in the State attributable to a national standard for 
        maintaining minimum levels of retroreflectivity in traffic 
        signs and pavement markings; and
            ``(2) to provide to each unit of local government in the 
        State, out of amounts made available to carry out this chapter, 
        funds in an amount not less than 90 percent of the financial 
        obligations, if any, of the unit of local government identified 
        under paragraph (1).''.

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 9FHWA-
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 formula set forth in section 104(b)(5) of title 23, United States 
Code.
    (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. RAILWAY-HIGHWAY GRADE CROSSINGS.

    (a) 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.''.
    (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 HIGHWAY-RAIL 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 Highway-Rail 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, or data compiled or collected 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. HIGHWAY-RAIL 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. Highway-rail 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. Highway-rail grade crossing safety information.''.