Page:United States Statutes at Large Volume 119.djvu/1543

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1525

enactment and enforcement of laws requiring the use of safety belts in passenger motor vehicles. ‘‘(b) GRANTS FOR ENACTING PRIMARY SAFETY BELT USE LAWS.— ‘‘(1) IN GENERAL.—The Secretary shall make a single grant to each State that either— ‘‘(A) enacts for the first time after December 31, 2002, and has in effect and is enforcing a conforming primary safety belt use law for all passenger motor vehicles; or ‘‘(B) in the case of a State that does not have such a primary safety belt use law, has after December 31, 2005, a State safety belt use rate of 85 percent or more for each of the 2 calendar years immediately preceding the fiscal year of a grant, as measured under criteria determined by the Secretary. ‘‘(2) AMOUNT.—The amount of a grant available to a State in fiscal year 2006 or in a subsequent fiscal year under paragraph (1) shall equal 475 percent of the amount apportioned to the State under section 402(c) for fiscal year 2003. ‘‘(3) JULY 1 CUT-OFF.—For the purpose of determining the eligibility of a State for a grant under paragraph (1)(A), a conforming primary safety belt use law enacted after June 30th of any year shall— ‘‘(A) not be considered to have been enacted in the Federal fiscal year in which that June 30th falls; but ‘‘(B) be considered as if it were enacted after October 1 of the next Federal fiscal year. ‘‘(4) SHORTFALL.—If the total amount of grants provided for by this subsection for a fiscal year exceeds the amount of funds available for such grants for that fiscal year, the Secretary shall make grants under this subsection to States in the order in which— ‘‘(A) the conforming primary safety belt use law came into effect; or ‘‘(B) the State’s safety belt use rate was 85 percent or more for 2 consecutive calendar years (as measured under by criteria determined by the Secretary), whichever first occurs. ‘‘(5) CATCH-UP GRANTS.—The Secretary shall make a grant to any State eligible for a grant under this subsection that did not receive a grant for a fiscal year because of the application of paragraph (4), in the next fiscal year if the State’s conforming primary safety belt use law remains in effect or its safety belt use rate is 85 percent or more for the 2 consecutive calendar years preceding such next fiscal year (subject to the condition in paragraph (4)). ‘‘(c) GRANTS FOR PRE-2003 LAWS.— ‘‘(1) IN GENERAL.—To the extent that amounts made available for grants under this section for any of fiscal years 2006 through 2009 exceed the total amount of grants to be awarded under subsection (b) for the fiscal year, including amounts to be awarded for catch-up grants under subsection (b)(5), the Secretary shall make a single grant to each State that enacted, has in effect, and is enforcing a conforming primary safety belt use law for all passenger motor vehicles that was in effect before January 1, 2003. ‘‘(2) AMOUNT; INSTALLMENTS.—The amount of a grant available to a State under this subsection shall be equal to 200

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