Page:United States Statutes at Large Volume 119.djvu/1243

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1225

‘‘(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 apportionment’’. (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 PROGRAM 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 improvement program, in accordance with the following formula: 1⁄3 percent of the apportionments in the ratio ‘‘(i) 33 that— ‘‘(I) the total lane miles of Federal-aid highways in each State; bears to ‘‘(II) the total lane miles of Federal-aid highways in all States. 1⁄3 percent of the apportionments in the ‘‘(ii) 33 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. 1⁄3 percent of the apportionments in the ‘‘(iii) 33 ratio that—

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