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(3) ADMINISTRATION.—Section 133(e) of title 23,
United States Code, is amended in each of para-
graphs (3)(B)(i), (5)(A), and (5)(B) of subsection (e),
by striking ‘‘(d)(2)’’ each place it appears and insert-
ing ‘‘(d)(1)’’.
(4) CONFORMING AMENDMENTS.—
(A) The analysis for chapter 1 of title 23,
United States Code, is amended by striking the
item relating to section 148 and inserting the
following:
‘‘148. Highway safety improvement program.’’.
(B) Section 104(g) of title 23, United States
Code, is amended in the first sentence by striking
‘‘sections 130, 144, and 152 of this title’’ and in-
serting ‘‘sections 130 and 144’’.
(C) Section 126 of title 23, United States
Code, is amended—
(i) in subsection (a), by inserting
‘‘under’’ after ‘‘State’s apportionment’’; and
(ii) in subsection (b)—
(I) in the first sentence, by strik-
ing ‘‘the last sentence of section
133(d)(1) or to section 104(f) or to sec-
tion 133(d)(3)’’ and inserting ‘‘section
104(f) or 133(d)(2)’’; and
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(II) in the second sentence, by
striking ‘‘or 133(d)(2)’’.
(D) Sections 154, 164, and 409 of title 23,
United States Code, are amended by striking
‘‘152’’ each place it appears and inserting
‘‘148’’.
(b) APPORTIONMENT OF HIGHWAY SAFETY IMPROVE-
MENT PROGRAM FUNDS.—Section 104(b) of title 23, United
States Code, is amended—
(1) in the matter preceding paragraph (1), by
inserting after ‘‘Improvement program,’’ the fol-
lowing: ‘‘the highway safety improvement program,’’;
and
(2) by adding at the end the following:
‘‘(5) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—
‘‘(A) IN GENERAL.—For the highway safety
improvement program, in accordance with the
following formula:
‘‘(i) 25 percent of the apportionments
in the ratio that—
‘‘(I) the total lane miles of Fed-
eral-aid highways in each State; bears
to
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‘‘(II) the total lane miles of Fed-
eral-aid highways in all States.
‘‘(ii) 40 percent of the apportionments
in the ratio that—
‘‘(I) the total vehicle miles trav-
eled on lanes on Federal-aid highways
in each State; bears to
‘‘(II) the total vehicle miles trav-
eled on lanes on Federal-aid highways
in all States.
‘‘(iii) 35 percent of the apportionments
in the ratio that—
‘‘(I) the estimated tax payments
attributable to highway users in each
State paid into the Highway Trust
Fund (other than the Mass Transit Ac-
count) in the latest fiscal year for
which data are available; bears to
‘‘(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust
Fund (other than the Mass Transit Ac-
count) in the latest fiscal year for
which data are available.
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‘‘(B) MINIMUM APPORTIONMENT.—Notwith-
standing subparagraph (A), each State shall re-
ceive a minimum of 1⁄2 of 1 percent of the funds
apportioned under this paragraph.’’.
(c) ELIMINATION OF HAZARDS RELATING TO RAIL-
WAY-HIGHWAY CROSSINGS.—
(1) FUNDS
FOR
RAILWAY-HIGHWAY
CROSS-
INGS.—Section 130(e) of title 23, United States Code,
is amended by inserting before ‘‘At least’’ the fol-
lowing: ‘‘For each fiscal year, at least $187,725,786
of the funds authorized and expended under section
148 shall be available for the elimination of hazards
and the installation of protective devices at railway-
highway crossings.’’.
(2) BIENNIAL REPORTS TO CONGRESS.—Section
130(g) of title 23, United States Code, is amended in
the third sentence—
(A) by inserting ‘‘and the Committee on
Commerce, Science, and Transportation,’’ after
‘‘Public Works’’; and
(B) by striking ‘‘not later than April 1 of
each year’’ and inserting ‘‘every other year’’.
(3) EXPENDITURE OF FUNDS.—Section 130 of
title 23, United States Code, is amended by adding
at the end the following:
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‘‘(k) EXPENDITURE OF FUNDS.—Funds made avail-
able to carry out this section shall be—
‘‘(1) available for expenditure on compilation
and analysis of data in support of activities carried
out under subsection (g); and
‘‘(2) apportioned in accordance with section
104(b)(5).’’.
(d) TRANSITION.—
(1) IMPLEMENTATION.—Except as provided in
paragraph (2), the Secretary shall approve obliga-
tions of funds apportioned under section 104(b)(5) of
title 23, United States Code (as added by subsection
(b)) to carry out section 148 of that title, only if, not
later than October 1 of the second fiscal year after the
date of enactment of this Act, a State has developed
and implemented a State strategic highway safety
plan as required under section 148(c) of that title.
(2) INTERIM PERIOD.—
(A) IN GENERAL.—Before October 1 of the
second fiscal year after the date of enactment of
this Act and until the date on which a State de-
velops and implements a State strategic highway
safety plan, the Secretary shall apportion funds
to a State for the highway safety improvement
program and the State may obligate funds ap-