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, and 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 rail-highway grade 
crossings in each State that have the greatest need for 
safety improvements. 
(d) INCLUSION IN RAIL-HIGHWAY 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 rail- 
highway grade crossings required under section 20168(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 
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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, data, or informa-
tion or document of any kind compiled or collected pursu-
ant to this section, including for the purpose of identi-
fying, evaluating, or planning the safety enhancement of 
a potential accident site or railway-highway crossing pur-
suant to this section shall not be subject to discovery or 
admitted into evidence in a Federal or State court pro-
ceeding or considered for other purposes in any action for 
damages arising from any occurrence at a location men-
tioned or addressed in such report, review, survey, sched-
ule, list, or data. 
SEC. 10. RAIL-HIGHWAY GRADE CROSSING SAFETY. 
(a) RAIL-HIGHWAY GRADE CROSSING SAFETY.— 
Subchapter II of chapter 201 of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘§ 20168. Rail-highway 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 rail-high-
way grade crossings in the United States. 
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‘‘(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 rail-highway grade crossings.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of such chapter is amended by adding at the 
end the following: 
‘‘20168. Rail-highway grade crossing safety information.’’. 
SEC. 11. RURAL STATE INITIATIVE. 
(a) IN GENERAL.—To address the problem of a sig-
nificant portion of traffic fatalities occurring on highways 
in rural areas, the Secretary of Transportation shall, for 
each fiscal year beginning with fiscal year 2010, allocate 
$20,000,000 to each State with a population density of 
less than 20 persons per square mile (based on the most 
recent decentennial census) for use by such States for 
projects, programs, and activities that are eligible for as-
sistance under section 148 of title 23, United States Code, 
and not located in an urbanized area (as defined in section 
134(b)(6) of such title). 
(b) TREATMENT OF FUNDS.—Such allocations shall 
not be considered an apportionment within the meaning 
of section 105 of such title or considered a ‘‘specific pro-
gram’’ within the meaning of such section 105. 
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(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 such title. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) such sums 
as may be necessary to carry out this section for each of 
fiscal years 2010 through 2014. 
(e) APPLICABILITY OF TITLE 23.—Except as pro-
vided by subsection (b), funds made available to carry out 
this section shall be available for obligation in the same 
manner as if such funds were apportioned under chapter 
1 of title 23, United States Code. 
Æ 
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