Page:United States Statutes at Large Volume 119.djvu/1753

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1735

State safety enforcement agencies, and State licensing agencies designated by the Secretary. ‘‘(3) STATE FUNDING OF FUTURE EFFORTS.—The plan shall specify that States will fund future efforts to modernize the commercial driver’s information system. ‘‘(4) DEADLINE FOR STATE PARTICIPATION.— ‘‘(A) IN GENERAL.—The Secretary shall establish in the plan a date by which all States must be operating commercial driver’s license information systems that are compatible with the modernized information system under this section. ‘‘(B) FACTORS TO CONSIDER.—In establishing the date under subparagraph (A), the Secretary shall consider the following: ‘‘(i) Availability and cost of technology and equipment needed to comply with subparagraph (A). ‘‘(ii) Time necessary to install, and test the operation of, such technology and equipment. ‘‘(5) IMPLEMENTATION.—The Secretary shall implement the plan developed under subsection (a) and modernize the information system under this section to meet the requirements of the plan. ‘‘(f) FUNDING.—At the Secretary’s discretion, a State may use the funds made available to the State under section 31318 to modernize its commercial driver’s license information system to be compatible with the modernized information system under this section.’’. (b) STATE PARTICIPATIONS.—Section 31311(a) of such title is amended— (1) in paragraph (15) by striking ‘‘(g)(1)(A), and (g)(2)’’ and inserting ‘‘(i)(1)(A) and (i)(2)’’; (2) in paragraph (17) by striking ‘‘section 31310(h)’’ and inserting ‘‘as 31310(j)’’; and (3) by adding at the end the following: ‘‘(21) By the date established by the Secretary under section 31309(e)(4), the State shall be operating a commercial driver’s license information system that is compatible with the modernized commercial driver’s license information system under section 31309.’’. (c) GRANTS.— (1) IN GENERAL.—The Secretary may make a grant to a State or organization representing agencies and officials of a State in a fiscal year to modernize the commercial driver’s license information system of the State to be compatible with the modernized commercial driver’s license information system under section 31309 of title 49, United States Code, if the State is in substantial compliance with the requirements of section 31311 of such title and this section, as determined by the Secretary. (2) CRITERIA.—The Secretary shall establish criteria for the distribution of grants and notify each State annually of such criteria. (3) USE OF GRANT.—A State may use a grant under this subsection only to implement improvements that are consistent with the modernization plan developed by the Secretary. (4) GOVERNMENT SHARE.—A grant under this subsection to a State or organization may not be for more than 80 percent

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49 USC 31309 note.

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