```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1776 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1776

  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

                              May 5, 2011

 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 2011''.

   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, to be known as 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), dated May 2001 or as 
subsequently revised and updated pursuant to section 103 (in this Act 
referred to as the ``Handbook'').
    (b) Purpose.--The purpose of the roadway safety enhancement program 
for older drivers and pedestrians shall be 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 the funds made available 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 for a fiscal year a minimum 
        apportionment of not less than one percent of the funds 
        apportioned under this subsection for that fiscal year.
    (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 (23 U.S.C. 402 note; 119 Stat. 1228) 
                        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 this 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 
        2011 through 2016.
            (2) Applicability of title 23.--Funds authorized to be 
        appropriated to carry out this section shall be available for 
        obligation and administered in the same manner as if such funds 
        were appropriated under chapter 1 of title 23, United States 
        Code, except that 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 take the following actions:
            (1) On or before the date of issuance of regulations under 
        section 102, finalize the revision of the Handbook for 
        publication.
            (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) Not later than 1 year after the date of enactment of 
        this Act, issue 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.
                    (E) Pedestrian crossing design, operations, and 
                control.
            (4) Not later than December 31, 2016, conduct ongoing 
        research to permit revision and publication of an updated 
        Handbook.

  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)(2)(D) of title 23, United States Code, 
is amended--
            (1) by striking ``and'' at the end of clause (iii);
            (2) by adding ``and'' at the end of clause (iv); and
            (3) by adding at the end 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 SAFETEA-LU (23 U.S.C. 
401 note; 119 Stat. 1230), and the item relating to such section in the 
table of contents contained in section 1(b) of such Act, are repealed.

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

    (a) In General.--The Secretary of Transportation 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 of Transportation 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--
            (1) be responsible for planning and implementing policies 
        to achieve the national goals set forth by the Secretary 
        pursuant to subsection (b); and
            (2) in consultation with the Secretary and the Department 
        of Transportation's Under Secretary for Policy, shall be 
        responsible for--
                    (A) overseeing collection and analysis of national 
                traffic accident, injury, and fatality data relating to 
                individuals age 65 and older;
                    (B) coordinating and making recommendations 
                regarding research undertaken by the Department to 
                identify and address the safety needs of drivers, 
                passengers, and pedestrians age 65 and older;
                    (C) overseeing the revision of the Handbook, as 
                required by section 103;
                    (D) overseeing 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;
                    (E) overseeing 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;
                    (F) encouraging and facilitating 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;
                    (G) improving 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
                    (H) undertaking such other duties and 
                responsibilities as the Secretary or the Under 
                Secretary for Policy determines appropriate.
    (d) Report to Congress.--Not later than 12 months after the date of 
enactment of this section, and not less than annually thereafter, the 
Secretary shall submit to Congress a report that documents the progress 
made by the Department in achieving the goals set forth by the 
Secretary pursuant to subsection (b). The report 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 
        2011 through 2016.
            (2) Applicability of title 23.--Funds authorized to be 
        appropriated to carry out subsection (d) shall be available for 
        obligation and administered in the same manner as if such funds 
        were appropriated under chapter 1 of title 23, United States 
        Code, except that 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, 2011, 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.
                                 <all>
```