text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Older Driver and Pedestrian Safety 
  and Roadway Enhancement Act of 2009.''
  
     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, 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), 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 authorized to be 
          appropriated 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 a minimum apportionment of not less 
          than one percent 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 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 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 the 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 
          2010 through 2015.
              (2) Applicability of title 23.--Funds authorized 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 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) issue, not later than one year after the date of 
          enactment of this section, 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; 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.
  
    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)(1)(D) of title 23, United States Code, 
  is amended--
              (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 
                          accidents, 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.
  
  SEC. 202. COORDINATION AND OVERSIGHT OF OLDER DRIVER 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 coordinate programs operated or funded by the 
  Department 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 be responsible for planning 
  and implementing policies to achieve the national goals set forth by 
  the Secretary pursuant to subsection (b), and, in consultation with the 
  Secretary and the Undersecretary for Policy, shall also have 
  responsibility to:
              (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 regarding research 
          undertaken by the Department to identify and address the safety 
          needs of drivers, passengers, and pedestrians age 65 and older;
              (3) oversee the revision of the Handbook, as required by 
          section 103 of this Act;
              (4) oversee 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;
              (5) oversee 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;
              (6) encourage and facilitate 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;
              (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 Center on Senior Transportation; and
              (8) undertake such other duties and responsibilities 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 section, 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 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 
          2010 through 2015.
              (2) Applicability of title 23.--Funds authorized to be 
          appropriated to carry out subsection (d) 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. 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.
target: Older Driver and Pedestrian Safety and Roadway Enhancement Act of 2009 - Directs the Secretary of Transportation to implement a roadway safety enhancement program for older drivers and pedestrians to: (1) improve roadway safety infrastructure in states that is consistent with recommendations of the Federal Highway Administration (FHWA) in the "Highway Design Handbook for Older Drivers and Pedestrians"; and (2) achieve significant reductions in roadway fatalities and serious injuries among drivers and pedestrians 65 years old or older on all public roads.
  
  
  
  Sets forth project eligibility requirements and project identification and selection priorities.
  
  Requires the Secretary to finalize revision of the Handbook for publication.
  
  
  
  Amends the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) to repeal its program for roadway safety improvements for older drivers and pedestrians.
  
  Requires the Secretary to: (1) appoint a Special Assistant for Older Driver and Pedestrian Safety within the Office of the Secretary; and (2) establish national goals for increasing driver, passenger, and pedestrian safety for persons 65 years old or older.
  
  Requires the Secretary to revise the manual on uniform traffic control devices to include a standard for a minimum level of retroreflectivity for pavement markings on all public roads.
feat_title: 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.