TITLE I—ROADWAY SAFETY EN-
HANCEMENT PROGRAM FOR 
OLDER DRIVERS AND PEDES-
TRIANS 
SEC. 101. ROADWAY SAFETY ENHANCEMENT PROGRAM FOR 
OLDER DRIVERS AND PEDESTRIANS. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Transportation shall establish and implement a pro-
gram, the roadway safety enhancement program for older 
drivers and pedestrians, to improve roadway safety infra-
structure in all States in a manner consistent with the 
recommendations included in the publication of the Fed-
eral Highway Administration entitled ‘‘Highway Design 
Handbook for Older Drivers and Pedestrians’’ (FHWA– 
RD–01–103), referred to in this Act as the ‘‘Handbook’’, 
dated May 2001 or as subsequently revised and updated 
pursuant to section 103. 
(b) PURPOSE.—The purpose of the roadway safety 
enhancement program for older drivers and pedestrians is 
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 such funds au-
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thorized to be appropriated to carry out this section 
for such fiscal year among the States in accordance 
with the following formula: 
(A) 331⁄3 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) 331⁄3 percent of the apportionment in 
the ratio that— 
(i) the total per capita population of 
individuals 65 years of age or older resid-
ing 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 resid-
ing in all States in the latest fiscal year for 
which data is available. 
(C) 331⁄3 percent of the apportionments in 
the ratio that— 
(i) the total number of fatalities and 
serious injuries among drivers and pedes-
trians 65 years of age or older on public 
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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 pedes-
trians 65 years of age or older on the pub-
lic roads in all States in the latest fiscal 
year for which data are available. 
(2) 
MINIMUM
APPORTIONMENT.—Notwith-
standing paragraph (1), each State shall receive a 
minimum apportionment of not less than one per-
cent of the funds apportioned under this subsection. 
(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 rec-
ommendations set forth in the Handbook— 
(A) to improve safety at intersections, 
interchanges, rail grade crossings, and roadway 
segments; 
(B) to make systemic roadway safety im-
provements on public roads; and 
(C) to improve roadway safety on other 
sections or elements of public roads that a 
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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 docu-
ment traffic-related fatalities and injuries to in-
dividuals 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 organiza-
tions representing older drivers and pedestrians, 
to identify hazardous locations, sections, and 
elements of public roads that constitute a dan-
ger for drivers, vehicle occupants, or pedes-
trians 65 years of age or older; 
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(C) determine the relative severity of haz-
ardous 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 haz-
ardous 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 high-
way safety hazards for drivers or pedes-
trians 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 sec-
tion 1404 of SAFETEA–LU or such other 
road safety design improvements or fund-
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ing 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 pre-
vention; and 
(F) establish an evaluation process to ana-
lyze and assess results achieved by highway 
safety improvement projects carried out in ac-
cordance with procedures and criteria estab-
lished by the section and report annually the re-
sults 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 per-
cent. 
(f) DEFINITIONS.—As used in this section, the terms 
‘‘public road’’, ‘‘State’’, and ‘‘State transportation depart-
ment’’ 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 2010 
through 2015. 
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(2) APPLICABILITY OF TITLE 23.—Funds au-
thorized to be appropriated to carry out this section 
shall be available for obligation in the same manner 
as if such funds were appropriated under chapter 1 
of title 23, United States Code, and 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— 
(1) finalize the revision of the Handbook for 
publication on or before the date required for 
issuance of regulations in section 102; 
(2) initiate a review of applicable traffic safety 
research for purposes of incorporating in the Hand-
book appropriate recommendations relating to— 
(A) supplemental lighting at intersections, 
interchanges, rail-grade rail crossings and haz-
ardous sections of roadways, as appropriate, to 
address visual impairments among older driv-
ers; 
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(B) wet-night visibility of pavement mark-
ings and edgelines; and 
(C) design of intersection curbs and curb 
ramps to address physical limitations of older 
or disabled pedestrians; 
(3) issue, not later than one year after the date 
of enactment of this section, a guidance memo re-
garding the appropriateness of applying to public 
roads and highways pedestrian safety improvements 
relating to the following intersection design ele-
ments: 
(A) receiving lane (throat) width for turn-
ing operations; 
(B) channelization; 
(C) offset (single) left-turn lane geometry, 
signing, and delineation; 
(D) curb radius; and 
(E) pedestrian crossing design, operations, 
and control; and 
(4) conduct ongoing research to permit revision 
and publication of an updated Handbook not later 
than December 31, 2014. 
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TITLE II—OLDER DRIVER AND 
PEDESTRIAN TRAFFIC SAFE-
TY AMENDMENTS AND AD-
MINISTRATIVE 
COORDINA-
TION 
SEC. 201. MISCELLANEOUS CONFORMING AMENDMENTS. 
(a) COLLECTION OF TRAFFIC INJURY AND FATALITY 
DATA ON OLDER DRIVERS AND PEDESTRIANS.—Section 
148(c)(1)(D) of title 23, United States Code, is amend-
ed— 
(1) by striking ‘‘and’’ at the end of clause (iii); 
(2) by inserting ‘‘and’’ at the end of clause (iv); 
and 
(3) by inserting after clause (iv), the following: 
‘‘(v) includes a means of identifying 
the relative severity of hazardous locations 
described in clause (iii) in terms of acci-
dents, injuries, and death involving drivers, 
passengers, and pedestrians 65 years of 
age or older;’’. 
(b) REPEAL OF EXISTING LAW.—Section 1405 of the 
Safe, Accountable, Flexible, Efficient Transportation Act: 
A Legacy for Users (23 U.S.C. 401 note; 119 Stat. 1230), 
and the item relating to such section in section 1(b) of 
such Act, are repealed. 
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SEC. 202. COORDINATION AND OVERSIGHT OF OLDER DRIV-
ER SAFETY. 
(a) IN GENERAL.—The Secretary shall appoint a 
Special Assistant for Older Driver and Pedestrian Safety 
within the Office of the Secretary to oversee and coordi-
nate programs operated or funded by the Department re-
lating 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 in-
frastructure, national goals for increasing driver, pas-
senger, 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 Spe-
cial Assistant for Older Driver and Pedestrian Safety shall 
be responsible for planning and implementing policies to 
achieve the national goals set forth by the Secretary pur-
suant to subsection (b), and, in consultation with the Sec-
retary and the Undersecretary for Policy, shall also have 
responsibility to: 
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(1) oversee collection and analysis of national 
traffic accident, injury, and fatality data relating to 
individuals age 65 and older; 
(2) coordinate and make recommendations re-
garding research undertaken by the Department to 
identify and address the safety needs of drivers, pas-
sengers, and pedestrians age 65 and older; 
(3) oversee the revision of the Handbook, as re-
quired by section 103 of this Act; 
(4) oversee the conduct of research and make 
recommendations for inclusion in the manual on uni-
form traffic control devices of appropriate safety fea-
tures and traffic control devices in the Handbook 
that have been determined effective in reducing inju-
ries or fatalities among drivers, passengers, and pe-
destrians age 65 and older; 
(5) oversee research by the National Highway 
Traffic Safety Administration to test and implement 
vehicle crash dummies that more accurately repro-
duce and measure the severity of vehicle-related in-
juries for occupants age 65 and older; 
(6) encourage and facilitate revision of the ab-
breviated injury scale system of injury quantification 
to more accurately measure injuries and fatalities to 
vehicle occupants age 65 and older, including meas-
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uring the effect of pre-existing and chronic condi-
tions and long-term injury outcomes; 
(7) improve 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 Cen-
ter on Senior Transportation; and 
(8) undertake such other duties and responsibil-
ities that the Secretary or the Undersecretary for 
Policy shall determine appropriate. 
(d) REPORT TO CONGRESS.—The Secretary, not later 
than 12 months after the date of enactment of this sec-
tion, and not less than annually thereafter, shall submit 
to Congress a report that documents the progress made 
by the Department to achieve the goals set forth by the 
Secretary pursuant to subsection (b), that shall include, 
as appropriate, descriptions of any impediments to achiev-
ing such goals, explanation of strategies or plans to ad-
dress such impediments, and recommendations for addi-
tional 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 
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out subsection (d) for each of fiscal years 2010 
through 2015. 
(2) APPLICABILITY OF TITLE 23.—Funds au-
thorized to be appropriated to carry out subsection 
(d) shall be available for obligation in the same man-
ner as if such funds were appropriated under chap-
ter 1 of title 23, United States Code, and 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, 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. 
Æ 
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