and under section 635.411 of title 23, Code of Fed-
eral Regulations, as in effect on March 2, 2009. The 
Secretary may not revise such regulation to reduce 
authority to utilize patented or proprietary items.’’. 
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. Such standard 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)(B)(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-
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 
VerDate Nov 24 2008 
06:41 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2125.IH
H2125
WWOODS2 on PRODPC68 with BILLS
Traffic Control Devices relating to min-
imum levels of retroreflectivity.’’. 
(b) 
MAINTAINING
MINIMUM
LEVELS
OF 
RETROREFLECTIVITY.— 
(1) DEFINITION.—Section 148(a) of such title 
is amended by adding at the end the following: 
‘‘(7) PROJECT TO MAINTAIN MINIMUM LEVELS 
OF
RETROREFLECTIVITY.—The term ‘project to 
maintain minimum levels of retroreflectivity’ means 
a project undertaken pursuant to the provisions of 
the Manual on Uniform Traffic Control Devices re-
quiring public agencies to use an assessment or 
management method that is designed to maintain 
highway sign or pavement marking retroreflectivity 
at or above prescribed minimum levels.’’. 
(2) ELIGIBLE PROJECTS.—Section 148(d)(1) of 
such title is amended— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (A); 
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) any project to maintain minimum lev-
els of retroreflectivity on a public road, whether 
VerDate Nov 24 2008 
22:52 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2125.IH
H2125
WWOODS2 on PRODPC68 with BILLS
or not such project is included in the State 
strategic highway safety plan; or’’. 
(3) INCREASED
FEDERAL
SHARE.—The first 
sentence of section 120(c)(1) is amended by insert-
ing ‘‘maintaining minimum levels of retroreflectivity 
of highway signs or pavement markings,’’ after ‘‘sig-
nalization,’’. 
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 (FHWA–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 overall 
formula share for each State for fiscal year 2009 for all 
funds subject to section 105 of title 23, United States 
VerDate Nov 24 2008 
06:41 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2125.IH
H2125
WWOODS2 on PRODPC68 with BILLS
Code, including equity bonus funds, obtained after appli-
cation of such section 105 for such fiscal year. 
(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. 
(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. RAIL-HIGHWAY GRADE CROSSINGS. 
(a) TRANSPARENCY OF STATE SURVEY AND SCHED-
ULE OF RAILWAY-HIGHWAY GRADE CROSSINGS.— 
(1) SURVEY AND SCHEDULE OF PROJECTS.— 
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.’’. 
VerDate Nov 24 2008 
06:41 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2125.IH
H2125
WWOODS2 on PRODPC68 with BILLS
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date that 
is 180 days after the date of enactment of this sub-
section. 
(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 RAIL-HIGHWAY GRADE 
CROSSINGS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall conduct a comprehensive review of the safety of all 
rail-highway grade crossings in the United States. 
(b) METHOD.—In reviewing the safety of a rail-high-
way grade crossing under subsection (a), the Secretary 
shall— 
(1) assess, at a minimum, safety conditions, av-
erage daily traffic, proximity to schools, past acci-
VerDate Nov 24 2008 
06:41 Apr 29, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2125.IH
H2125
WWOODS2 on PRODPC68 with BILLS