Page:United States Statutes at Large Volume 119.djvu/1547

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1529

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 highway safety data programs at or above the average level of such expenditures maintained by such State in the 2 fiscal years preceding the date of enactment of the SAFETEA–LU. ‘‘(4) FEDERAL SHARE.—The Federal share of the cost of adopting and implementing in a fiscal year a State program described in subsection (a) may not exceed 80 percent. ‘‘(5) LIMITATION ON USE OF GRANT PROCEEDS.—A State may use the proceeds of a grant received under this section only to implement the program described in subsection (a) for which the grant is made. ‘‘(f) APPLICABILITY OF CHAPTER 1.—Section 402(d) of this title shall apply in the administration of this section.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 4 of such title is amended by striking the item relating to section 408 and inserting the following: ‘‘408. State traffic safety information system improvements.’’. SEC. 2007. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

(a) MAINTENANCE OF EFFORT.—Section 410(a)(2) of title 23, United States Code, is amended— (1) by striking ‘‘under this section’’ and inserting ‘‘under this subsection’’; and (2) by striking ‘‘Transportation Equity Act for the 21st Century’’ and inserting ‘‘SAFETEA–LU’’. (b) REVISED GRANT AUTHORITY.—Section 410 of such title is amended— (1) in subsection (a)— (A) by striking paragraph (3); (B) by redesignating paragraph (4) as paragraph (3); and (C) in paragraph (3) (as so redesignated) by striking the second comma following ‘‘sixth’’; (2) by redesignating subsections (e) and (f) as subsections (h) and (i), respectively; (3) by striking subsections (b) through (d) and inserting the following: ‘‘(b) ELIGIBILITY REQUIREMENTS.—To be eligible for a grant under subsection (a), a State shall— ‘‘(1) have an alcohol related fatality rate of 0.5 or less per 100,000,000 vehicle miles traveled as of the date of the grant, as determined by the Secretary using the most recent Fatality Analysis Reporting System of the National Highway Traffic Safety Administration; or ‘‘(2)(A) for fiscal year 2006 by carrying out 3 of the programs and activities under subsection (c); ‘‘(B) for fiscal year 2007 by carrying out 4 of the programs and activities under subsection (c); or ‘‘(C) for fiscal years 2008 and 2009 by carrying out 5 of the programs and activities under subsection (c). ‘‘(c) STATE PROGRAMS AND ACTIVITIES.—The programs and activities referred to in subsection (b) are the following: ‘‘(1) CHECK POINT, SATURATION PATROL PROGRAM.—A State program to conduct a series of high visibility, statewide law enforcement campaigns in which law enforcement personnel

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