-CITE- 23 USC Sec. 405 01/22/02 -EXPCITE- TITLE 23 - HIGHWAYS CHAPTER 4 - HIGHWAY SAFETY -HEAD- Sec. 405. Occupant protection incentive grants -STATUTE- (a) General Authority. - (1) Authority to make grants. - Subject to the requirements of this section, the Secretary shall make grants under this section to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles. Such grants may be used by recipient States only to implement and enforce, as appropriate, 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 programs described in paragraph (1) 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. implementing and enforcing, as appropriate, 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) Grant Eligibility. - A State shall become eligible for a grant under this section by adopting or demonstrating to the satisfaction of the Secretary at least 4 of the following: (1) Safety belt use law. - The State has in effect a safety belt use law that makes unlawful throughout the State the operation of a passenger motor vehicle whenever an individual (other than a child who is secured in a child restraint system) in the front seat of the vehicle (and, beginning in fiscal year 2001, in any seat in the vehicle) does not have a safety belt properly secured about the individual's body. (2) Primary safety belt use law. - The State provides for primary enforcement of the safety belt use law of the State. (3) Minimum fine or penalty points. - The State imposes a minimum fine or provides for the imposition of penalty points against the driver's license of an individual - (A) for a violation of the safety belt use law of the State; and (B) for a violation of the child passenger protection law of the State. (4) Special traffic enforcement program. - The State has implemented a statewide special traffic enforcement program for occupant protection that emphasizes publicity for the program. (5) Child passenger protection education program. - The State has implemented a statewide comprehensive child passenger protection education program that includes education programs about proper seating positions for children in air bag equipped motor vehicles and instruction on how to reduce the improper use of child restraint systems. (6) Child passenger protection law. - The State has in effect a law that requires minors who are riding in a passenger motor vehicle to be properly secured in a child safety seat or other appropriate restraint system. (c) Grant Amounts. - The amount of a grant for which a State qualifies under this section for a fiscal year shall equal up to 25 percent of the amount apportioned to the State for fiscal year 1997 under section 402. (d) Administrative Expenses. - Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section. (e) Applicability of Chapter 1. - The provisions contained in section 402(d) shall apply to this section. (f) Definitions. - In this section, the following definitions apply: (1) Child safety seat. - The term ''child safety seat'' means any device (except safety belts) designed for use in a motor vehicle to restrain, seat, or position a child who weighs 50 pounds or less. (2) Motor vehicle. - The term ''motor vehicle'' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line. (3) Multipurpose passenger vehicle. - The term ''multipurpose passenger vehicle'' means a motor vehicle with motive power (except a trailer), designed to carry not more than 10 individuals, that is constructed either on a truck chassis or with special features for occasional off-road operation. (4) Passenger car. - The term ''passenger car'' means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not more than 10 individuals. (5) Passenger motor vehicle. - The term ''passenger motor vehicle'' means a passenger car or a multipurpose passenger motor vehicle. (6) Safety belt. - The term ''safety belt'' means - (A) with respect to open-body passenger vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and (B) with respect to other passenger vehicles, an occupant restraint system consisting of integrated lap and shoulder belts. -SOURCE- (Added Pub. L. 105-178, title II, Sec. 2003(a)(1), June 9, 1998, 112 Stat. 325.) -REFTEXT- REFERENCES IN TEXT The date of enactment of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 105-178, which was approved June 9, 1998. -MISC2- PRIOR PROVISIONS A prior section 405, added Pub. L. 93-87, title II, Sec. 230(a), Aug. 13, 1973, 87 Stat. 293; amended Pub. L. 93-643, Sec. 121, Jan. 4, 1975, 88 Stat. 2289, related to the Federal-aid safer roads demonstration program, prior to repeal by Pub. L. 94-280, title I, Sec. 135(c), May 5, 1976, 90 Stat. 442. CHILD PASSENGER PROTECTION EDUCATION GRANTS Pub. L. 105-178, title II, Sec. 2003(b), June 9, 1998, 112 Stat. 327, provided that: ''(1) In general. - The Secretary may make a grant to a State that submits an application, in such form and manner as the Secretary may prescribe, that is approved by the Secretary to carry out the activities specified in paragraph (2) through - ''(A) the child passenger protection program of the State; and ''(B) at the option of the State, a grant program established by the State to carry out 1 or more of the activities specified in paragraph (2) by a political subdivision of the State or an appropriate private entity. ''(2) Use of funds. - Funds provided to a State as a grant under this subsection shall be used to implement child passenger protection programs that - ''(A) are designed to prevent deaths and injuries to children; ''(B) educate the public concerning - ''(i) all aspects of the proper installation of child restraints using standard seatbelt hardware, supplemental hardware, and modification devices (if needed), including special installation techniques; ''(ii) appropriate child restraint design, selection, and placement; and ''(iii) harness threading and harness adjustment on child restraints; and ''(C) train and retrain child passenger safety professionals, police officers, fire and emergency medical personnel, and other educators concerning all aspects of child restraint use. ''(3) Grant awards. - The Secretary may make a grant under this subsection without regard to whether a State is eligible to receive, or has received, a grant under section 405 of title 23, United States Code (as inserted by subsection (a) of this section). ''(4) Federal share. - The Federal share of the cost of a program carried out using funds made available from a grant under this subsection may not exceed 80 percent. ''(5) Report. - Each State that receives a grant under this subsection shall transmit to the Secretary a report for the period covered by the grant that, at a minimum, describes the program activities carried out with the funds made available under the grant. ''(6) Report to congress. - Not later than June 1, 2002, the Secretary shall transmit to Congress a report on the implementation of this subsection that includes a description of the programs carried out and materials developed and distributed by the States that receive grants under this subsection. ''(7) Authorization of appropriations. - There is authorized to be appropriated to carry out this subsection $7,500,000 for each of fiscal years 2000 and 2001.'' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 410 of this title. (3) National average seat belt use rate. - The term ''national average seat belt use rate'' means, in the case of each of calendar years 1996 through 2001, the national average seat belt use rate for that year, as determined by the Secretary. (4) Passenger car. - The term ''passenger car'' means a motor vehicle with motive power (except a multipurpose passenger motor vehicle, motorcycle, or trailer) designed to carry not more than 10 individuals. (5) Passenger motor vehicle. - The term ''passenger motor vehicle'' means a passenger car or a multipurpose passenger motor vehicle. (6) Savings to the federal government. - The term ''savings to the Federal Government'' means the amount of Federal budget savings relating to Federal medical costs (including savings under the medicare and medicaid programs under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq.)), as determined by the Secretary. (7) Seat belt. - The term ''seat belt'' means - (A) with respect to an open-body passenger motor vehicle, including a convertible, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and (B) with respect to any other passenger motor vehicle, an occupant restraint system consisting of integrated lap and shoulder belts. (8) State seat belt use rate. - The term ''State seat belt use rate'' means the rate of use of seat belts in passenger motor vehicles in a State, as measured and submitted to the Secretary - (A) for each of calendar years 1996 and 1997, by the State, as weighted by the Secretary to ensure national consistency in methods of measurement (as determined by the Secretary); and (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 (B) submit the plan to the Secretary not later than March 1 of the fiscal year. (3) Plan selection. - (A) Criteria. - Not later than December 1, 1998, the Secretary shall establish criteria for the selection of State plans for allocations under this subsection. (B) Selection. - The Secretary shall select State plans for allocations under this subsection in accordance with the criteria established under subparagraph (A). (C) States. - In carrying out this paragraph, the Secretary shall ensure, to the maximum extent practicable, demographic and geographic diversity and a diversity of seat belt use rates among the States selected for allocations. (4) Allocation. - Not later than October 1, 1999, and each October 1 thereafter through October 1, 2002, the Secretary shall allocate funds to the States whose plans were selected under paragraph (3). (5) Amount of allocations. - Subject to the availability of unallocated amounts under subsection (g)(3), the amount of each allocation to a State under this subsection shall be not less than $100,000 for each fiscal year that is covered by a State plan. (6) Use of allocations. - An allocation to a State under this subsection shall be used to carry out the innovative seat belt projects described in the State plan for which the allocation is awarded. (7) Federal share. - The Federal share of the cost of an innovative seat belt project under this section shall be 100 percent. (8) Period of availability. - Amounts allocated to a State under this subsection shall remain available for obligation in the State for a period of 3 years after the last day of the fiscal year for which the amounts are allocated. (g) Funding. - (1) In general. - There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $82,000,000 for fiscal year 1999, $92,000,000 for fiscal year 2000, $102,000,000 for fiscal year 2001, $112,000,000 for fiscal year 2002, and $112,000,000 for fiscal year 2003. (2) Proportionate adjustment. - If the total amounts to be allocated under subsection (c) for any fiscal year would exceed the amounts authorized for the fiscal year under paragraph (1), the allocation to each State under subsection (c) shall be reduced proportionately. (3) Use of unallocated funds. - (A) Fiscal year 1999. - To the extent that the amounts made available for fiscal year 1999 under paragraph (1) exceed the total amounts to be allocated under subsection (c) for fiscal year 1999, the excess amounts - (i) shall be apportioned in accordance with section 104(b)(3); (ii) shall be considered to be sums made available for expenditure on the surface transportation program, except that the amounts shall not be subject to section 133(d); and (iii) shall be available for any purpose eligible for funding under section 133. (B) Fiscal years 2000 through 2003. - To the extent that the amounts made available for any of fiscal years 2000 through 2003 under paragraph (1) exceed the total amounts to be allocated under subsection (c) for the fiscal year, the excess amounts shall be used to make allocations under subsection (f). -SOURCE- (Added Pub. L. 105-178, title I, Sec. 1403(a), June 9, 1998, 112 Stat. 237.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a)(6), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX of the Social Security Act are classified generally to subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 105-178, which was approved June 9, 1998.