112 STAT. 238 PUBLIC LAW 105-178-JUNE 9, 1998 "(B) for each of calendar years 1998 through 2001, by the State in a manner consistent with the criteria established by the Secretary under subsection (e). "(b) DETERMINATIONS BY THE SECRETARY.— Not later than September 1, 1998, and September 1 of each calendar year thereafter through September 1, 2002, the Secretary shall determine— "(1)(A) which States had, for each of the previous calendar years (in this subsection referred to as the 'previous calendar year') and the year preceding the previous calendar year, a State seat belt use rate greater than the national average seat belt use rate for that year; and "(B) in the case of each State described in subparagraph (A), the amount that is equal to the savings to the Federal Government due to the amount by which the State seat belt use rate for the previous calendar year exceeds the national average seat belt use rate for that year; and "(2) in the case of each State that is not a State described in paragraph (1)(A)— "(A) the base seat belt use rate of the State, which shall be equal to the highest State seat belt use rate for the State for any calendar year during the period of 1996 through the calendar year preceding the previous calendar year; and "(B) the amount that is equal to the savings to the Federal Government due to any increase in the State seat belt use rate for the previous calendar year over the base seat belt use rate determined under subparagraph (A). " (c) ALLOCATIONS.— " (1) STATES WITH GREATER THAN THE NATIONAL AVERAGE SEAT BELT USE RATE.—Not later than October 1, 1998, and each October 1 thereafter through October 1, 2002, the Secretary shall allocate to each State described in subsection (b)(1)(A) an amount equal to the amount determined for the State under subsection (b)(1)(B). "(2) OTHER STATES.— Not later than October 1, 1998, and each October 1 thereafter through October 1, 2002, the Secretary shall allocate to each State described in subsection (b)(2) an amount equal to the amount determined for the State under subsection (b)(2)(B). "(d) USE OF AMOUNTS. — For each fiscal year, each State that is allocated an amount under this section shall use the amount for projects eligible for assistance under this title. "(e) CRITERIA. — Not later than 180 days after the date of enactment of this section, the Secretary shall establish criteria for the measurement of State seat belt use rates by States to ensure that the measurements are accurate and representative. "(f) INNOVATIVE SEAT BELT PROJECT ALLOCATIONS.— "(1) IN GENERAL. — The Secretary shall use amounts made available under subsection (g)(3) to make allocations to States to carry out innovative projects to promote increased seat belt use rates. "(2) DETERMINATION OF ELIGIBILITY. — To be eligible to receive an allocation under this subsection for a fiscal year, a State shall— "(A) develop a plan for innovative projects described in paragraph (1); and
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