Page:United States Statutes at Large Volume 112 Part 1.djvu/355

 PUBLIC LAW 105-178-JUNE 9, 1998 112 STAT. 329 the influence of alcohol. Such grants may only be used by recipient States to implement and enforce such programs. "(2) MAINTENANCE OF EFFORT.— No grant may be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for alcohol traffic safety programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of the Transportation Equity Act for the 21st Century. "(3) MAXIMUM PERIOD OF ELIGIBILITY.— No State may receive grants under this section in more than 6 fiscal years beginning after September 30, 1997. "(4) FEDERAL SHARE. — The Federal share of the cost of implementing and enforcing in a fiscal year a program adopted by a State pursuant to paragraph (1) shall not exceed— "(A) in each of the first and second fiscal years in which the State receives a grant under this section, 75 percent; "(B) in each of the third and fourth fiscal years in which the State receives a grant under this section, 50 percent; and "(C) in each of the fifth and sixth fiscal years in which the State receives a grant under this section, 25 percent. " (b) BASIC GRANT ELIGIBILITY.— "(1) BASIC GRANT A.—A State shall become eligible for a grant under this paragraph by adopting or demonstrating to the satisfaction of the Secretary at least 5 of the following: " (A) ADMINISTRATIVE LICENSE REVOCATION. — An administrative driver's license suspension or revocation system for individuals who operate motor vehicles while under the influence of alcohol that requires that— "(i) in the case of an individual who, in any 5- year period beginning after the date of enactment of the Transportation Equity Act for the 21st Century, is determined on the basis of a chemical test to have been operating a motor vehicle while under the influence of alcohol or is determined to have refused to submit to such a test as proposed by a law enforcement officer, the State agency responsible for administering drivers' licenses, upon receipt of the report of the law enforcement officer— "(I) shall suspend the driver's license of such individual for a period of not less than 90 days if such individual is a first offender in such 5- year period; and "(II) shall suspend the driver's license of such individual for a period of not less than 1 year, or revoke such license, if such individual is a repeat offender in such 5-year period; and "(ii) the suspension and revocation referred to under clause (i) shall take effect not later than 30 days after the day on which the individual refused to submit to a chemical test or received notice of having been determined to be driving under the influence of alcohol, in accordance with the procedures of the State.

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