```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2496 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 2496

  To direct the Administrator of the National Highway Traffic Safety 
      Administration and the Administrator of the Federal Highway 
  Administration to implement certain recommendations of the National 
 Transportation Safety Board relating to pedestrian safety, bicyclist 
safety, and speeding-related crashes involving passenger vehicles, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2021

 Mr. Schatz (for himself and Mr. Casey) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To direct the Administrator of the National Highway Traffic Safety 
      Administration and the Administrator of the Federal Highway 
  Administration to implement certain recommendations of the National 
 Transportation Safety Board relating to pedestrian safety, bicyclist 
safety, and speeding-related crashes involving passenger vehicles, 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 ``Vulnerable Road Users Safety Act''.

SEC. 2. DEFINITION OF MICROMOBILITY VEHICLE.

    (a) In General.--In this Act, the term ``micromobility vehicle'' 
means a vehicle that--
            (1) weighs not more than 150 pounds; and
            (2) is designed primarily--
                    (A) for human transport; and
                    (B) to be used--
                            (i) on paved roadways; or
                            (ii) if the vehicle weighs 100 pounds or 
                        less, on paths.
    (b) Exclusion.--In this Act, the term ``micromobility vehicle'' 
does not include a manned or unmanned passenger vehicle.

SEC. 3. PEDESTRIAN SAFETY.

    (a) Pedestrian Safety Measures.--
            (1) Purpose.--The purpose of this subsection is to direct 
        the Administrator of the National Highway Traffic Safety 
        Administration and the Administrator of the Federal Highway 
        Administration to implement certain recommendations in the 
        Special Investigation Report of the National Transportation 
        Safety Board on pedestrian safety, adopted on September 25, 
        2018.
            (2) Definition of automated pedestrian safety system.--In 
        this subsection, the term ``automated pedestrian safety 
        system'' means a vehicle-based pedestrian- and bicyclist-
        detection system that alerts drivers of potential vehicle-
        pedestrian or vehicle-cyclist crashes and applies automatic 
        emergency braking to prevent such crashes.
            (3) NHTSA.--The Secretary of Transportation, acting through 
        the Administrator of the National Highway Traffic Safety 
        Administration, shall--
                    (A) not later than 2 years after the date of 
                enactment of this Act--
                            (i) revise section 571.108 of title 49, 
                        Code of Federal Regulations (relating to 
                        Federal Motor Vehicle Safety Standard Number 
                        108) (or successor regulations)--
                                    (I) to include performance-based 
                                standards for vehicle headlamp 
                                systems--
                                            (aa) to ensure that 
                                        headlamps are correctly aimed 
                                        on the road; and
                                            (bb) requiring those 
                                        systems to be tested on-vehicle 
                                        to account for headlamp height 
                                        and lighting performance; and
                                    (II) to allow the use of adaptive 
                                headlamp systems;
                            (ii) issue a final rule to establish 
                        minimum performance standards for adaptive 
                        driving beam headlamp systems; and
                            (iii) issue a final rule that--
                                    (I) establishes standards for the 
                                hood and bumper areas of motor 
                                vehicles, including passenger cars, 
                                multipurpose passenger vehicles, 
                                trucks, and buses with a gross vehicle 
                                weight rating of 10,000 pounds or less, 
                                to reduce the number of injuries and 
                                fatalities suffered by pedestrians, 
                                bicyclists, and users of micromobility 
                                vehicles who are struck by those motor 
                                vehicles; and
                                    (II) considers the protection of 
                                vulnerable pedestrian populations, 
                                including individuals with 
                                disabilities, children, and older 
                                adults; and
                    (B) not later than 1 year after the date of 
                enactment of this Act--
                            (i) develop performance test criteria for 
                        use by manufacturers in evaluating the extent 
                        to which automated pedestrian safety systems in 
                        light vehicles prevent or mitigate pedestrian 
                        injury;
                            (ii) issue a final decision notice that--
                                    (I) incorporates automated 
                                pedestrian safety systems, including 
                                pedestrian automatic emergency braking 
                                systems and other passive safety 
                                systems, into the New Car Assessment 
                                Program of the National Highway Traffic 
                                Safety Administration; and
                                    (II) establishes--
                                            (aa) a minimum performance 
                                        standard for automated 
                                        pedestrian safety systems in 
                                        accordance with the changes to 
                                        the New Car Assessment Program 
                                        described in subclause (I); and
                                            (bb) a compliance date with 
                                        respect to those changes;
                            (iii) establish a detailed crash data set 
                        that covers all pedestrian, bicyclist, and 
                        micromobility vehicle user events and 
                        represents the current and complete range of 
                        crash types, including nonfatal injury crashes, 
                        disaggregated by demographic characteristics, 
                        including race, age, disability, status, and 
                        sex of the victims--
                                    (I) for analysis by States and 
                                units of local government; and
                                    (II) to model and simulate 
                                pedestrian collision avoidance systems;
                            (iv) establish methods that States and 
                        metropolitan planning organizations (as defined 
                        in section 134 of title 23, United States Code) 
                        may use--
                                    (I) to collect pedestrian, 
                                bicyclist, and micromobility vehicle 
                                user event data; and
                                    (II) to define a common framework 
                                that allows that data to be combined; 
                                and
                            (v) coordinate with the Director of the 
                        Centers for Disease Control and Prevention to 
                        develop and implement a plan for States to 
                        combine highway crash data and injury health 
                        data to produce a national database of 
                        pedestrian injuries and fatalities, 
                        disaggregated by demographic characteristics, 
                        including race, age, disability status, and sex 
                        of the victims.
            (4) Federal highway administration.--Not later than 18 
        months after the date of enactment of this Act, the 
        Administrator of the Federal Highway Administration shall 
        develop standard definitions and establish methods that States, 
        metropolitan planning organizations (as defined in section 134 
        of title 23, United States Code), Federal land management 
        agencies, and Tribal governments that receive funding under the 
        tribal transportation program under section 202 of title 23, 
        United States Code, shall use to annually collect and publish 
        pedestrian exposure data that includes--
                    (A) the percentage of pedestrian fatalities that 
                occurred, by State, on roadways in each State that are 
                owned and operated by the State, a Federal land 
                management agency, or a Tribal government that receives 
                funding under the tribal transportation program under 
                section 202 of title 23, United States Code, as 
                compared to locally-owned and operated roadways in the 
                State;
                    (B) the owner and operator of the roadway where 
                each pedestrian fatality described in subparagraph (A) 
                occurred;
                    (C) the design speed, target speed (where 
                available), and operating speed of the roadway where 
                each pedestrian fatality described in subparagraph (A) 
                occurred;
                    (D) each of the performance measures--
                            (i) described in section 490.207 of title 
                        23, Code of Federal Regulations (or successor 
                        regulations); and
                            (ii) not described in any of subparagraphs 
                        (A) through (C);
                    (E)(i) the number of fatalities (as defined in 
                section 490.205 of title 23, Code of Federal 
                Regulations (or successor regulations)) in which the 
                person suffering fatal injuries was using a bicycle or 
                micromobility vehicle at the time of the motor vehicle 
                crash; and
                    (ii) a description of the bicycle or micromobility 
                vehicle; and
                    (F)(i) the number of serious injuries (as defined 
                in section 490.205 of title 23, Code of Federal 
                Regulations (or successor regulations)) in which the 
                person suffering a serious injury was using a bicycle 
                or micromobility vehicle at the time of the motor 
                vehicle crash; and
                    (ii) a description of the bicycle or micromobility 
                vehicle.
            (5) Special rules.--Section 148(g) of title 23, United 
        States Code, is amended by adding at the end the following:
            ``(3) Pedestrians, bicyclists, and users of micromobility 
        vehicles.--
                    ``(A) Definition of micromobility vehicle.--In this 
                paragraph, the term `micromobility vehicle' has the 
                meaning given the term in section 2 of the Vulnerable 
                Road Users Safety Act.
                    ``(B) Rule.--If the rate of fatalities or serious 
                injuries for any of pedestrians, bicyclists, and users 
                of micromobility vehicles in a State increases during 
                the most recent 2-year period for which data are 
                available, that State shall be required--
                            ``(i) to include in the subsequent State 
                        strategic highway safety plan of the State 
                        strategies to decrease those rates; and
                            ``(ii) to prioritize the implementation of 
                        any recommendations of the National 
                        Transportation Safety Board.
                    ``(C) Application.--Nothing in this paragraph 
                requires the Administrator of the Federal Highway 
                Administration to revise the definition of the term 
                `non-motorized serious injuries' in section 490.205 of 
                title 23, Code of Federal Regulations (or successor 
                regulations).''.
    (b) Speeding-Related Crashes Involving Passenger Vehicles.--
            (1) Purpose.--The purpose of this subsection is to direct 
        the Administrator of the Federal Highway Administration to 
        implement, for roadways that are legally allowed to be used by 
        or are likely to be used by pedestrians, cyclists, and other 
        vulnerable road users, certain recommendations in the report of 
        the National Transportation Safety Board on reducing speeding-
        related crashes involving passenger vehicles, adopted on July 
        25, 2017.
            (2) Federal highway administration.--Not later than 18 
        months after the date of enactment of this Act, the 
        Administrator of the Federal Highway Administration shall 
        revise the speed limits section of the Manual on Uniform 
        Traffic Control Devices--
                    (A) to require the factors currently listed as 
                optional for all engineering studies;
                    (B) to require that an expert system such as 
                USLIMITS2 be used as a validation tool;
                    (C) to remove the guidance that speed limits in 
                speed zones should be within 5 mph of the 85th 
                percentile speed; and
                    (D) at a minimum, to incorporate relevant aspects 
                of the safe system approach for urban roads to 
                strengthen protection for vulnerable road users.

SEC. 4. BICYCLIST SAFETY.

    (a) Purpose.--The purpose of this section is to enhance the safety 
of bicyclists and other vulnerable road users by requiring the 
Administrator of the National Highway Traffic Safety Administration, 
the Administrator of the Federal Highway Administration, and the 
Intelligent Transportation Systems Joint Program Office of the 
Department of Transportation to implement certain recommendations of 
the National Transportation Safety Board identified in the Safety 
Research Report entitled ``Bicyclist Safety on US Roadways: Crash Risks 
and Countermeasures'', adopted on November 5, 2019.
    (b) National Highway Traffic Safety Administration.--Not later than 
2 years after the date of enactment of this Act, the Secretary of 
Transportation, acting through the Administrator of the National 
Highway Traffic Safety Administration (referred to in this subsection 
as the ``Secretary''), shall--
            (1)(A) develop minimum performance standards for connected 
        vehicle technology for all light vehicles and vehicles with a 
        gross vehicle weight rating of not more than 26,000 pounds;
            (B) on development of the standards described in 
        subparagraph (A), require connected vehicle technology to be 
        installed on all newly manufactured highway vehicles beginning 
        with the first model year that begins not less than 2 years 
        after the effective date of the final rule establishing the 
        minimum performance standards; and
            (C) complete all rulemaking relating to connected vehicle 
        technology that is in progress as of the date of enactment of 
        this Act;
            (2) require that newly manufactured truck tractors with a 
        gross vehicle weight rating of more than 26,000 pounds be 
        equipped with a blind spot warning system to improve the 
        ability of the driver of a tractor-trailer to detect--
                    (A) passenger vehicles; and
                    (B) vulnerable road users, including pedestrians, 
                bicyclists, users of micromobility vehicles, and 
                motorcyclists;
            (3) incorporate into the New Car Assessment Program of the 
        National Highway Traffic Safety Administration tests to 
        evaluate the ability of a new car to avoid crashes with 
        bicyclists, users of micromobility vehicles, and pedestrians;
            (4) expand the 5-star rating system of the New Car 
        Assessment Program of the National Highway Traffic Safety 
        Administration to include a scale that rates the performance of 
        forward collision avoidance systems;
            (5) issue a final decision notice incorporating pedestrian, 
        bicyclist, and micromobility vehicle user safety systems, 
        including pedestrian, bicyclist, and micromobility vehicle user 
        automatic emergency braking systems and other passive safety 
        systems, into the New Car Assessment Program of the National 
        Highway Traffic Safety Administration; and
            (6) complete the development of performance standards for 
        visibility enhancement systems--
                    (A) to ensure that those systems improve driver 
                visibility in blind spots; and
                    (B) to improve the ability of the driver of a 
                single unit truck with a gross vehicle weight rating of 
                more than 10,000 pounds to detect vulnerable road 
                users, including pedestrians, bicyclists, users of 
                micromobility vehicles, and motorcyclists, in the 
                proximity of the truck.
    (c) Federal Highway Administration.--Not later than 18 months after 
the date of enactment of this Act, the Administrator of the Federal 
Highway Administration shall--
            (1)(A) complete the development of methods to combine 
        automated and traditional count with innovative bicycle-
        counting approaches that capture bicycling activity data 
        generated by bicyclists and bike share operations; and
            (B) provide information about those methods to State 
        departments of transportation;
            (2) update the list of proven safety countermeasures 
        published by the Federal Highway Administration to include 
        separated bike lanes and multi-use trails; and
            (3) include separated bike lanes and multi-use trails as 
        innovations in the Every Day Counts initiative under section 
        1444 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94).
    (d) Safety Considerations in Planning and Design.--Section 
217(g)(2) of title 23, United States Code, is amended, in the second 
sentence, by inserting ``, separated bicycle lanes and multi-use 
trails, and intersection safety treatments'' after ``street 
crossings''.
    (e) Intelligent Transportation Systems Joint Program Office.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Intelligent Transportation Systems 
        Joint Program Office of the Department of Transportation, in 
        collaboration with the Administrator of the National Highway 
        Traffic Safety Administration and the Administrator of the 
        Federal Highway Administration, shall expand vehicle-to-
        pedestrian research efforts to ensure that bicyclists and other 
        vulnerable road users will be incorporated into the safe 
        deployment of connected vehicle systems.
            (2) Report.--Not later than 30 months after the date of 
        enactment of this Act, the Intelligent Transportation Systems 
        Joint Program Office of the Department of Transportation, in 
        collaboration with the Administrator of the National Highway 
        Traffic Safety Administration and the Administrator of the 
        Federal Highway Administration, shall submit to Congress and 
        make publicly available a report on the findings of the 
        research efforts described in paragraph (1).
                                 <all>
```