I 
110TH CONGRESS 
2D SESSION 
H. R. 6757 
To direct the Secretary of Transportation to carry out programs and activities 
to improve highway safety. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2008 
Mr. RAHALL (for himself, Mr. SHUSTER, and Ms. CORRINE BROWN of Flor-
ida) 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 
programs and activities to improve highway safety. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Surface Transpor-
tation Safety Act of 2008’’. 
SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF 
VEHICULAR TRAFFIC. 
The Secretary of Transportation shall modify regula-
tions issued pursuant to section 1402 of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity Act: 
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A Legacy for Users (23 U.S.C. 401 note; 119 Stat. 1227) 
to allow fire services personnel that are subject to the reg-
ulations to wear apparel meeting the high visibility re-
quirements 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 Regula-
tions, to ensure that— 
(1) at a minimum, positive protective measures 
are used to separate workers on highway construc-
tion 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.), un-
less 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 
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of a live travel lane, unless an engineering analysis 
determines otherwise; and 
(3) when positive protective devices are nec-
essary for highway construction projects, these de-
vices are paid for on a unit pay basis, unless doing 
so would create a conflict with innovative con-
tracting 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 SAFE-
TY 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 pay-
ment of patented or proprietary items if the State trans-
portation department certifies, based on the documented 
analysis and professional judgment of qualified State 
transportation officials, that— 
‘‘(1) the patented or proprietary item will con-
tribute to the accomplishment of one or more goals 
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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 suf-
ficient 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 Traf-
fic Control Devices to include a standard for a minimum 
level of retroreflectivity that must be maintained for pave-
ment markings, which shall apply to all roads open to pub-
lic 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 mate-
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rials and the implementation of any assess-
ment or management method designed to 
meet 
a 
State-established 
performance 
standard, Federal regulation, or require-
ment contained in the Manual on Uniform 
Traffic Control Devices relating to min-
imum 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 mark-
ings; 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).’’. 
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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 pub-
lication 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 au-
thorized to be appropriated to carry out this section for 
such fiscal year among the several States using the for-
mula 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 deter-
mined 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. 
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(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 ap-
portioned under chapter 1 of title 23, United States Code. 
SEC. 8. RAILWAY-HIGHWAY GRADE CROSSINGS. 
(a) TRANSPARENCY OF STATE SURVEY AND SCHED-
ULE OF RAILWAY-HIGHWAY GRADE CROSSINGS.—Section 
130(d) of title 23, United States Code, is amended by add-
ing at the end the following: ‘‘Each State shall make sur-
veys and schedules compiled under this subsection avail-
able 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’’. 
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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, av-
erage daily traffic, proximity to schools, past acci-
dents, 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 col-
lected in conducting the comprehensive review under sub-
section (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 sub-
section (c), in the national database on the safety of high-
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way-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 com-
prehensive 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 PRO-
CEEDINGS.—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: 
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‘‘§ 20156. Highway-rail grade crossing safety informa-
tion 
‘‘(a) ESTABLISHMENT
OF DATABASE.—The Sec-
retary 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 IN-
CLUDED IN DATABASE.—The Secretary shall include in 
the database under subsection (a) information from inci-
dent reports filed with the Federal Railroad Administra-
tion regarding accidents and other safety-related incidents 
that have occurred at highway-rail grade crossings.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of such chapter is amended by adding at the 
end the following: 
‘‘20156. Highway-rail grade crossing safety information.’’. 
Æ 
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