H. R. 3—82
‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN 
REPORTS, SURVEYS, AND INFORMATION.—Notwithstanding any 
other provision of law, reports, surveys, schedules, lists, or 
data compiled or collected for any purpose directly relating 
to paragraph (1) or subsection (c)(1)(D), or published by the 
Secretary in accordance with paragraph (3), shall not be subject 
to discovery or admitted into evidence in a Federal or State 
court proceeding or considered for other purposes in any action 
for damages arising from any occurrence at a location identified 
or addressed in such reports, surveys, schedules, lists, or other 
data. 
‘‘(h) FEDERAL
SHARE
OF
HIGHWAY
SAFETY
IMPROVEMENT 
PROJECTS.—Except as provided in sections 120 and 130, the Federal 
share of the cost of a highway safety improvement project carried 
out with funds apportioned to a State under section 104(b)(5) shall 
be 90 percent.’’. 
(2) CLERICAL AMENDMENT.—The analysis for chapter 1 of 
such title is amended by striking the item relating to section 
148 and inserting the following:
‘‘148. Highway safety improvement program.’’.
(3) CONFORMING AMENDMENTS.—
(A) TRANSFERS
OF
APPORTIONMENTS.—Section 104(g) 
of such title is amended in the first sentence by striking 
‘‘sections 130, 144, and 152 of this title’’ and inserting 
‘‘sections 130 and 144’’. 
(B) UNIFORM TRANSFERABILITY.—Section 126(a) of such 
title is amended by inserting ‘‘under’’ after ‘‘State’s appor-
tionment’’. 
(C) OTHER SECTIONS.—Sections 154, 164, and 409 of 
such title are amended by striking ‘‘152’’ each place it 
appears and inserting ‘‘148’’. 
(b) APPORTIONMENT OF HIGHWAY SAFETY IMPROVEMENT PRO-
GRAM FUNDS.—Section 104(b) of such title (as amended by section 
1103 of this Act) is amended—
(1) in the matter preceding paragraph (1), by inserting 
after ‘‘Improvement program,’’ the following: ‘‘the highway 
safety improvement program,’’; and 
(2) by adding at the end the following: 
‘‘(5) HIGHWAY SAFETY IMPROVEMENT PROGRAM.—
‘‘(A) IN GENERAL.—For the highway safety improve-
ment program, in accordance with the following formula: 
‘‘(i) 331⁄3 percent of the apportionments in the ratio 
that—
‘‘(I) the total lane miles of Federal-aid high-
ways in each State; bears to 
‘‘(II) the total lane miles of Federal-aid high-
ways in all States. 
‘‘(ii) 331⁄3 percent of the apportionments in the 
ratio that—
‘‘(I) the total vehicle miles traveled on lanes 
on Federal-aid highways in each State; bears to 
‘‘(II) the total vehicle miles traveled on lanes 
on Federal-aid highways in all States. 
‘‘(iii) 331⁄3 percent of the apportionments in the 
ratio that—
H. R. 3—83
‘‘(I) the number of fatalities on the Federal-
aid system in each State in the latest fiscal year 
for which data are available; bears to 
‘‘(II) the number of fatalities on the Federal-
aid system in all States in the latest fiscal year 
for which data are available. 
‘‘(B) 
MINIMUM
APPORTIONMENT.—Notwithstanding 
subparagraph (A), each State shall receive a minimum 
of one-half of 1 percent of the funds apportioned under 
this paragraph.’’. 
(d) ELIMINATION OF HAZARDS RELATING TO RAILWAY-HIGHWAY 
CROSSINGS.—
(1) FUNDS FOR PROTECTIVE DEVICES.—Section 130(e) of such 
title is amended—
(A) by striking ‘‘At’’ and inserting the following: 
‘‘(1) IN GENERAL.—Before making an apportionment under 
section 104(b)(5) for a fiscal year, the Secretary shall set aside, 
from amounts made available to carry out the highway safety 
improvement program under section 148 for such fiscal year, 
at least $220,000,000 for the elimination of hazards and the 
installation of protective devices at railway-highway crossings. 
At’’; and 
(B) by adding at the end the following: 
‘‘(2) SPECIAL RULE.—If a State demonstrates to the satisfac-
tion of the Secretary that the State has met all its needs 
for installation of protective devices at railway-highway 
crossings, the State may use funds made available by this 
section for other purposes under this subsection.’’. 
(2) APPORTIONMENT.—Section 130(f) of such title is 
amended to read as follows: 
‘‘(f) APPORTIONMENT.—
‘‘(1) FORMULA.—Fifty percent of the funds set aside to 
carry out this section pursuant to subsection (e)(1) shall be 
apportioned to the States in accordance with the formula set 
forth in section 104(b)(3)(A), and 50 percent of such funds 
shall be apportioned to the States in the ratio that total public 
railway-highway crossings in each State bears to the total 
of such crossings in all States. 
‘‘(2) MINIMUM
APPORTIONMENT.—Notwithstanding para-
graph (1), each State shall receive a minimum of one-half 
of 1 percent of the funds apportioned under paragraph (1). 
‘‘(3) FEDERAL
SHARE.—The Federal share payable on 
account of any project financed with funds set aside to carry 
out this section shall be 90 percent of the cost thereof.’’. 
(3) BIENNIAL REPORTS TO CONGRESS.—Section 130(g) of such 
title 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 ‘‘, not later than April 1, 2006, and every 
2 years thereafter,’’. 
(4) EXPENDITURE OF FUNDS.—Section 130 of such title is 
amended by adding at the end the following: 
‘‘(k) EXPENDITURE
OF FUNDS.—Not more than 2 percent of 
funds apportioned to a State to carry out this section may be 
used by the State for compilation and analysis of data in support 
of activities carried out under subsection (g).’’.
H. R. 3—84
(e) TRANSITION.—
(1) IMPLEMENTATION.—Except as provided in paragraph 
(2), the Secretary shall approve obligations 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 
beginning after the date of enactment of this Act, a State 
has developed and implemented a State strategic highway 
safety plan as required pursuant to 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 develops and implements a 
State strategic highway safety plan, the Secretary shall 
apportion funds to a State for the highway safety improve-
ment program and the State may obligate funds appor-
tioned to the State for the highway safety improvement 
program under section 148 for projects that were eligible 
for funding under sections 130 and 152 of that title, as 
in effect on the day before the date of enactment of this 
Act. 
(B) NO STRATEGIC HIGHWAY SAFETY PLAN.—If a State 
has not developed a strategic highway safety plan by 
October 1, 2007, the State shall receive for the highway 
safety improvement program for each subsequent fiscal 
year until the date of development of such plan an amount 
that equals the amount apportioned to the State for that 
program for fiscal year 2007. 
SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW OF VEHIC-
ULAR TRAFFIC. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall issue regulations to decrease the likelihood 
of worker injury and maintain the free flow of vehicular traffic 
by requiring workers whose duties place them on or in close prox-
imity to a Federal-aid highway (as defined in section 101 of title 
23, United States Code) to wear high visibility garments. The 
regulations may also require such other worker-safety measures 
for workers with those duties as the Secretary determines to be 
appropriate. 
SEC. 1403. TOLL FACILITIES WORKPLACE SAFETY STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a study on the 
safety of highway toll collection facilities, including toll booths, 
to determine the safety of the facilities for the toll collectors who 
work in and around the facilities, including consideration of—
(1) the effect of design or construction of the facilities 
on the likelihood of vehicle collisions with the facilities; 
(2) the safety of crosswalks used by toll collectors in transit 
to and from toll booths; 
(3) the extent of the enforcement of speed limits in the 
vicinity of the facilities; 
(4) the use of warning devices, such as vibration and rumble 
strips, to alert drivers approaching the facilities; 
(5) the use of cameras to record traffic violations in the 
vicinity of the facilities; 
(6) the use of traffic control arms in the vicinity of the 
facilities;
H. R. 3—85
(7) law enforcement practices and jurisdictional issues that 
affect safety in the vicinity of the facilities; and 
(8) the incidence of accidents and injuries in the vicinity 
of toll booths. 
(b) DATA COLLECTION.—As part of the study, the Secretary 
shall collect data regarding the incidence of accidents and injuries 
in the vicinity of highway toll collection facilities. 
(c) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
a report on the results of the study, together with recommendations 
for improving toll facilities workplace safety. 
(d) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out this section, out of the 
Highway Trust Fund (other than the Mass Transit Account), 
$500,000 for fiscal year 2006. 
(2) CONTRACT AUTHORITY.—Funds authorized to be appro-
priated by this section shall be available for obligation in the 
same manner and to the same extent as if the funds were 
apportioned under chapter 1 of title 23, United States Code, 
except that the Federal share of the cost of the project shall 
be 100 percent, and the funds shall remain available until 
expended and shall not be transferable. 
SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM. 
(a) ESTABLISHMENT.—Subject to the requirements of this sec-
tion, the Secretary shall establish and carry out a safe routes 
to school program for the benefit of children in primary and middle 
schools. 
(b) PURPOSES.—The purposes of the program shall be—
(1) to enable and encourage children, including those with 
disabilities, to walk and bicycle to school; 
(2) to make bicycling and walking to school a safer and 
more appealing transportation alternative, thereby encouraging 
a healthy and active lifestyle from an early age; and 
(3) 
to 
facilitate 
the 
planning, 
development, 
and 
implementation of projects and activities that will improve 
safety and reduce traffic, fuel consumption, and air pollution 
in the vicinity of schools. 
(c) APPORTIONMENT OF FUNDS.—
(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4), 
amounts made available to carry out this section for a fiscal 
year shall be apportioned among the States in the ratio that—
(A) the total student enrollment in primary and middle 
schools in each State; bears to 
(B) the total student enrollment in primary and middle 
schools in all States. 
(2) MINIMUM APPORTIONMENT.—No State shall receive an 
apportionment under this section for a fiscal year of less than 
$1,000,000. 
(3) SET-ASIDE
FOR
ADMINISTRATIVE
EXPENSES.—Before 
apportioning under this subsection amounts made available 
to carry out this section for a fiscal year, the Secretary shall 
set aside not more than $3,000,000 of such amounts for the