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‘‘(A) is developed after consultation with—
‘‘(i) a highway safety representative of
the Governor of the State;
‘‘(ii) regional transportation planning
organizations and metropolitan planning
organizations, if any;
‘‘(iii) representatives of major modes of
transportation;
‘‘(iv) State and local traffic enforce-
ment officials;
‘‘(v) persons responsible for admin-
istering section 130 at the State level;
‘‘(vi) representatives conducting Oper-
ation Lifesaver;
‘‘(vii) representatives conducting a
motor carrier safety program under section
31104 or 31107 of title 49;
‘‘(viii) motor vehicle administration
agencies; and
‘‘(ix) other major State and local safe-
ty stakeholders;
‘‘(B) analyzes and makes effective use of
State, regional, or local crash data;
‘‘(C) addresses engineering, management,
operation, education, enforcement, and emer-
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gency services elements (including integrated,
interoperable emergency communications) of
highway safety as key factors in evaluating high-
way projects;
‘‘(D) considers safety needs of, and high-fa-
tality segments of, public roads;
‘‘(E) considers the results of State, regional,
or local transportation and highway safety plan-
ning processes;
‘‘(F) describes a program of projects or
strategies to reduce or eliminate safety hazards;
‘‘(G) is approved by the Governor of the
State or a responsible State agency; and
‘‘(H) is consistent with the requirements of
section 135(f).
‘‘(b) PROGRAM.—
‘‘(1) IN
GENERAL.—The Secretary shall carry
out a highway safety improvement program.
‘‘(2) PURPOSE.—The purpose of the highway
safety improvement program shall be to achieve a sig-
nificant reduction in traffic fatalities and serious in-
juries on public roads.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN
GENERAL.—To obligate funds appor-
tioned under section 104(b)(5) to carry out this sec-
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tion, a State shall have in effect a State highway safe-
ty improvement program under which the State—
‘‘(A) develops and implements a State stra-
tegic highway safety plan that identifies and
analyzes highway safety problems and opportu-
nities as provided in paragraph (2);
‘‘(B) produces a program of projects or
strategies to reduce identified safety problems;
‘‘(C) evaluates the plan on a regular basis
to ensure the accuracy of the data and priority
of proposed improvements; and
‘‘(D) submits to the Secretary an annual re-
port that—
‘‘(i) describes, in a clearly understand-
able fashion, not less than 5 percent of loca-
tions determined by the State, using criteria
established in accordance with paragraph
(2)(B)(ii), as exhibiting the most severe
safety needs; and
‘‘(ii) contains an assessment of—
‘‘(I) potential remedies to haz-
ardous locations identified;
‘‘(II) estimated costs associated
with those remedies; and
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‘‘(III) impediments to implemen-
tation other than cost associated with
those remedies.
‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH-
WAY
SAFETY
PROBLEMS
AND
OPPORTUNITIES.—As
part of the State strategic highway safety plan, a
State shall—
‘‘(A) have in place a crash data system with
the ability to perform safety problem identifica-
tion and countermeasure analysis;
‘‘(B) based on the analysis required by sub-
paragraph (A)—
‘‘(i) identify hazardous locations, sec-
tions, and elements (including roadside ob-
stacles, railway-highway crossing needs,
and unmarked or poorly marked roads) that
constitute a danger to motorists (including
motorcyclists), bicyclists, pedestrians, and
other highway users; and
‘‘(ii) using such criteria as the State
determines to be appropriate, establish the
relative severity of those locations, in terms
of accidents, injuries, deaths, traffic volume
levels, and other relevant data;
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‘‘(C) adopt strategic and performance-based
goals that—
‘‘(i) address traffic safety, including
behavioral and infrastructure problems and
opportunities on all public roads;
‘‘(ii) focus resources on areas of great-
est need; and
‘‘(iii) are coordinated with other State
highway safety programs;
‘‘(D) advance the capabilities of the State
for traffic records data collection, analysis, and
integration with other sources of safety data
(such as road inventories) in a manner that—
‘‘(i) complements the State highway
safety program under chapter 4 and the
commercial vehicle safety plan under sec-
tion 31102 of title 49;
‘‘(ii) includes all public roads;
‘‘(iii) identifies hazardous locations,
sections, and elements on public roads that
constitute a danger to motorists (including
motorcyclists), bicyclists, pedestrians, and
other highway users; and
‘‘(iv) includes a means of identifying
the relative severity of hazardous locations
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described in clause (iii) in terms of acci-
dents, injuries, deaths, and traffic volume
levels;
‘‘(E)(i) determine priorities for the correc-
tion of hazardous road locations, sections, and
elements (including railway-highway crossing
improvements), as identified through crash data
analysis;
‘‘(ii) identify opportunities for preventing
the development of such hazardous conditions;
and
‘‘(iii) establish and implement a schedule of
highway safety improvement projects for hazard
correction and hazard prevention; and
‘‘(F)(i) establish an evaluation process to
analyze and assess results achieved by highway
safety improvement projects carried out in ac-
cordance with procedures and criteria established
by this section; and
‘‘(ii) use the information obtained under
clause (i) in setting priorities for highway safety
improvement projects.
‘‘(d) ELIGIBLE PROJECTS.—
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‘‘(1) IN GENERAL.—A State may obligate funds
apportioned to the State under section 104(b)(5) to
carry out—
‘‘(A) any highway safety improvement
project on any public road or publicly owned bi-
cycle or pedestrian pathway or trail; or
‘‘(B) as provided in subsection (e), for other
safety projects.
‘‘(2) USE OF OTHER FUNDING FOR SAFETY.—
‘‘(A) EFFECT OF SECTION.—Nothing in this
section prohibits the use of funds made available
under other provisions of this title for highway
safety improvement projects.
‘‘(B) USE OF OTHER FUNDS.—States are
encouraged to address the full scope of their safe-
ty needs and opportunities by using funds made
available under other provisions of this title (ex-
cept a provision that specifically prohibits that
use).
‘‘(e) FLEXIBLE FUNDING FOR STATES WITH A STRA-
TEGIC HIGHWAY SAFETY PLAN.—
‘‘(1) IN GENERAL.—To further the implementa-
tion of a State strategic highway safety plan, a State
may use up to 25 percent of the amount of funds
made available under this section for a fiscal year to
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carry out safety projects under any other section as
provided in the State strategic highway safety plan.
‘‘(2) OTHER
TRANSPORTATION
AND
HIGHWAY
SAFETY PLANS.—Nothing in this subsection requires a
State to revise any State process, plan, or program
in effect on the date of enactment of this section.
‘‘(f) REPORTS.—
‘‘(1) IN GENERAL.—A State shall submit to the
Secretary a report that—
‘‘(A) describes progress being made to im-
plement highway safety improvement projects
under this section;
‘‘(B) assesses the effectiveness of those im-
provements; and
‘‘(C) describes the extent to which the im-
provements funded under this section contribute
to the goals of—
‘‘(i) reducing the number of fatalities
on roadways;
‘‘(ii) reducing the number of roadway-
related injuries;
‘‘(iii) reducing the occurrences of road-
way-related crashes;
‘‘(iv) mitigating the consequences of
roadway-related crashes; and
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‘‘(v) reducing the occurrences of road-
way-railroad grade crossing crashes.
‘‘(2) CONTENTS; 
SCHEDULE.—The Secretary
shall establish the content and schedule for a report
under paragraph (1).
‘‘(3) TRANSPARENCY.—The Secretary shall make
reports under subsection (c)(1)(D) available to the
public through—
‘‘(A) the Internet site of the Department;
and
‘‘(B) such other means as the Secretary de-
termines to be appropriate.
‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE
OF
CERTAIN
REPORTS, 
SURVEYS, 
AND
INFORMA-
TION.—Notwithstanding any other provision of law,
reports, surveys, schedules, lists, or data compiled or
collected for any purpose directly relating to para-
graph (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 ad-
dressed in such reports, surveys, schedules, lists, or
other data.
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‘‘(g) FEDERAL SHARE OF HIGHWAY SAFETY IMPROVE-
MENT PROJECTS.—Except as provided in sections 120 and
130, the Federal share of the cost of a highway safety im-
provement project carried out with funds made available
under this section shall be 90 percent.
‘‘(h) FUNDS FOR BICYCLE AND PEDESTRIAN SAFE-
TY.—A State shall allocate for bicycle and pedestrian im-
provements in the State a percentage of the funds remain-
ing after implementation of sections 130(e) and 150, in an
amount that is equal to or greater than the percentage of
all fatal crashes in the State involving bicyclists and pedes-
trians.
‘‘(i) ROADWAY SAFETY IMPROVEMENTS FOR OLDER
DRIVERS AND PEDESTRIANS.—For each of fiscal years 2005
through 2009, $23,465,723 is authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Tran-
sit Account) for projects in all States to improve traffic
signs and pavement markings in a manner consistent with
the recommendations included in the publication of the Fed-
eral Highway Administration entitled ‘Guidelines and Rec-
ommendations to Accommodate Older Drivers and Pedes-
trians (FHWA–RD–01–103)’ and dated October 2001.’’.
(2) ALLOCATIONS
OF
APPORTIONED
FUNDS.—
Section 133(d) of title 23, United States Code, is
amended—
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(A) by striking paragraph (1);
(B) 
by 
redesignating 
paragraphs 
(2)
through (5) as paragraphs (1) through (4), re-
spectively;
(C) in paragraph (2) (as redesignated by
subparagraph (B))—
(i) in the first sentence of subpara-
graph (A)—
(I) by striking ‘‘subparagraphs
(C) and (D)’’ and inserting ‘‘subpara-
graph (C)’’; and
(II) by striking ‘‘80 percent’’ and
inserting ‘‘90 percent’’;
(ii) in subparagraph (B), by striking
‘‘tobe’’ and inserting ‘‘to be’’;
(iii) by striking subparagraph (C);
(iv) by redesignating subparagraphs
(D) and (E) as subparagraphs (C) and (D),
respectively; and
(v) in subparagraph (C) (as redesig-
nated by clause (iv)), by adding a period at
the end; and
(D) in paragraph (4)(A) (as redesignated
by subparagraph (B)), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraph (1)’’.