H.R.3 Transportation Equity Act: A Legacy for Users (Introduced in House) SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. (a) In General- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) HIGHWAY SAFETY PROGRAMS- For carrying out section 402 of title 23, United States Code, $164,027,000 for fiscal year 2004, $163,680,000 for fiscal year 2005, $229,000,000 for fiscal year 2006, $232,000,000 for fiscal year 2007, $238,000,000 for fiscal year 2008, and $245,000,000 for fiscal year 2009. (2) OCCUPANT PROTECTION INCENTIVE GRANTS- For carrying out section 405 of title 23, United States Code, $19,882,000 for fiscal year 2004, $19,840,000 for fiscal year 2005, $136,000,000 for fiscal year 2006, $139,000,000 for fiscal year 2007, $143,000,000 for fiscal year 2008, and $150,000,000 for fiscal year 2009. (3) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE GRANT PROGRAM- For carrying out section 410 of title 23, United States Code, $39,764,000 for fiscal year 2004, $39,680,000 for fiscal year 2005, $129,000,000 for fiscal year 2006, $133,000,000 for fiscal year 2007, $138,000,000 for fiscal year 2008, and $144,000,000 for fiscal year 2009. (4) STATE TRAFFIC SAFETY INFORMATION IMPROVEMENTS- For carrying out section 412 of title 23, United States Code, $30,000,000 for fiscal year 2006, $35,000,000 for fiscal year 2007, $40,000,000 for fiscal year 2008, and $40,000,000 for fiscal year 2009. (5) NATIONAL DRIVER REGISTER- For carrying out chapter 303 of title 49, United States Code, by the National Highway Traffic Safety Administration, $3,976,000 for fiscal year 2004, $3,968,000 for fiscal year 2005, and $4,000,000 for each of fiscal years 2006 through 2009. (6) HIGH VISIBILITY ENFORCEMENT PROGRAM- For carrying out section 2005 of this title, $15,000,000 for each of fiscal years 2006 through 2009. (b) Applicability of Title 23- Except as otherwise provided in chapter 4 of title 23, United States Code, and this title, amounts made available under subsection (a) for each of fiscal years 2004 through 2009 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. (c) Transfers- In each fiscal year, the Secretary may transfer any amounts remaining available under paragraph (2), (3), or (4) of subsection (a) to the amounts made available under any other of such paragraphs in order to ensure, to the maximum extent possible, that each State receives the maximum incentive funding for which the State is eligible under sections 405, 410, and 412 of title 23, United States Code. SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS. (a) General Authority- Section 405(a) of title 23, United States Code, is amended-- (1) in paragraph (2) by striking `Transportation Equity Act for the 21st Century' and inserting `Transportation Equity Act: A Legacy for Users'; (2) in paragraph (3) by striking `1997' and inserting `2003'; and (3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting after `years' the following: `beginning after September 30, 2003,'. (b) Grant Eligibility- Section 405(b) of title 23, United States Code, is amended by striking `A State shall become eligible' and inserting the following: `A State shall be eligible for a grant under this section if the State has a seat belt usage rate of 85 percent or greater as of the date of the grant, as determined by the Secretary. A State shall also become eligible'. (c) Grant Amounts- Section 405(c) of title 23, United States Code, is amended-- (1) by striking `25 percent' and inserting `100 percent'; and (2) by striking `1997' and inserting `2003'. SEC. 2003. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES. (a) General Authority- Section 410(a) of title 23, United States Code, is amended-- (1) in paragraph (2) by striking `Transportation Equity Act for the 21st Century' and inserting `Transportation Equity Act: A Legacy for Users'; (2) in paragraph (3) by striking `1997' and inserting `2003'; and (3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting after `years' the following: `beginning after September 30, 2003,'. (b) Basic Grant a- Section 410(b)(1) of title 23, United States Code, is amended-- (1) by striking `A State shall become eligible' and inserting the following: `A State shall be eligible for a grant under this paragraph if the State has an alcohol-related fatality rate per 100,000,000 vehicle miles traveled of 0.5 or less as of the date of the grant, as determined by the Secretary using the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration. A State shall also become eligible'; (2) by striking `at least 5 of' and inserting `at least 6 of'; (3) in subparagraph (A)-- (A) by striking `and' at the end of clause (i)(II); (B) by striking the period at the end of clause (ii) and inserting a semicolon; and (C) by adding at the end the following: `(iii) the suspension referred to under clause (i)(I) may allow an individual to operate a motor vehicle, after the 15-day period beginning on the date of the suspension, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual; and `(iv) the suspension and revocation referred to under clause (i)(II) may allow an individual to operate a motor vehicle, after the 45-day period beginning on the date of the suspension or revocation, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual.'; (4) in subparagraph (B)-- (A) by striking `may include the issuance' and inserting the following: `may include-- `(i) the issuance'; and (B) by striking the period at the end and inserting `; and' and the following: `(ii) a program provided by a nonprofit organization for training point of sale personnel concerning, at a minimum, the following: `(I) the clinical effects of alcohol; `(II) methods of preventing second party sales of alcohol; `(III) recognizing signs of intoxication; `(IV) methods to prevent underage drinking; `(V) Federal, State, and local laws that are relevant to such personnel.'; (5) by striking subparagraph (F) and inserting the following: `(F) OUTREACH PROGRAM- A judicial and prosecutorial education, training, and outreach program that provides information on the appropriateness and effectiveness of sentencing options.'; and (6) by adding at the end the following: `(H) SELF-SUSTAINING DRUNK DRIVING PREVENTION PROGRAM- A self-sustaining drunk driving prevention program under which a significant portion of the fines or surcharges collected from individuals apprehended and fined for operating a motor vehicle while under the influence of alcohol are returned to those communities that have comprehensive programs for the prevention of such operations of motor vehicles. `(I) PROGRAMS FOR EFFECTIVE ALCOHOL REHABILITATION- A program for effective inpatient and outpatient alcohol rehabilitation based on mandatory assessment and appropriate treatment for repeat offenders described in subparagraph (A)(i)(II).'. (c) Basic Grant B- Section 410(b) of title 23, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: `(2) BASIC GRANT B- A State shall become eligible for a grant under this paragraph if the State-- `(A) has an alcohol-related fatality rate per 100,000,000 vehicle miles traveled of 0.8 or more as of the date of the grant, as determined by the Secretary using the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration; and `(B) establishes, subject to such requirements as the Secretary may prescribe, a task force to evaluate and recommend changes to the State's drunk driving programs.'; and (2) in paragraph (3)-- (A) by striking `25 percent' and inserting `100 percent'; and (B) by striking `1997' and inserting `2003'. (d) Supplemental Grants- Section 410(c) of title 23, United States Code, is amended to read as follows: `(c) Allocation for Basic Grants B- Not more than $20,000,000 per fiscal year of amounts made available to carry out this section shall be available for making grants under subsection (b)(2).'. (e) Effective Date- The amendments made by this section shall take effect on September 30, 2005. SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS. (a) In General- Chapter 4 of title 23, United States Code, is amended by adding at the end the following: `Sec. 412. State traffic safety information system improvements `(a) General Authority- `(1) AUTHORITY TO MAKE GRANTS- Subject to the requirements of this section, the Secretary shall make grants to States that adopt and implement effective programs to-- `(A) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data of the State that is needed to identify priorities for national, State, and local highway and traffic safety programs; `(B) evaluate the effectiveness of efforts to make such improvements; `(C) link these State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data; and `(D) improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States and enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances. `(2) USE OF GRANTS- A State may use a grant received under this section only to implement such programs. `(3) MODEL DATA ELEMENTS- The Secretary, in consultation with States and other appropriate parties, shall determine the model data elements necessary to observe and analyze State and national trends in crash occurrences, rates, outcomes, and circumstances. In order to become eligible for a grant under this section, a State shall certify to the Secretary the State's adoption and use of such model data elements. `(4) 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 ensuring 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 in the 2 fiscal years preceding the date of enactment of this section. `(5) FEDERAL SHARE- The Federal share of the cost of implementing in a fiscal year a program of a State pursuant to paragraph (1) shall not exceed 80 percent. `(b) First-Year Grants- To be eligible for a first-year grant under this section, a State shall demonstrate to the satisfaction of the Secretary that the State has-- `(1) established a highway safety data and traffic records coordinating committee with a multidisciplinary membership that includes, among others, managers, collectors, and users of traffic records and public health and injury control data systems; and `(2) developed a multiyear highway safety data and traffic records system strategic plan that addresses existing deficiencies in the State's highway safety data and traffic records system and is approved by the highway safety data and traffic records coordinating committee and-- `(A) specifies how existing deficiencies in the State's highway safety data and traffic records system were identified; `(B) prioritizes, based on the identified highway safety data and traffic records system deficiencies, the highway safety data and traffic records system needs and goals of the State, including the activities described in subsection (a)(1); `(C) identifies performance-based measures by which progress toward those goals will be determined; `(D) specifies how the grant funds and any other funds of the State will be used to address needs and goals identified in the multiyear plan; and `(E) includes a current report on the progress in implementing the multiyear plan that documents progress toward the specified goals. `(c) Succeeding-Year Grants- `(1) ELIGIBILITY- A State shall be eligible for a grant under this section in a fiscal year succeeding the first fiscal year in which the State receives a grant under subsection (b) if the State, to the satisfaction of the Secretary-- `(A) submits an updated multiyear plan that meets the requirements of subsection (b)(2); `(B) certifies that its highway safety data and traffic records coordinating committee continues to operate and supports the multiyear plan; `(C) specifies how the grant funds and any other funds of the State will be used to address needs and goals identified in the multiyear plan; `(D) demonstrates measurable progress toward achieving the goals and objectives identified in the multiyear plan; and `(E) includes a current report on the progress in implementing the multiyear plan. `(d) Grant Amounts- `(1) IN GENERAL- The amount of a grant made to a State for a fiscal year under this section shall equal an amount determined by multiplying-- `(A) the amount appropriated to carry out this section for such fiscal year; by `(B) the ratio that the funds apportioned to the State under section 402 for fiscal year 2003 bears to the funds apportioned to all States under section 402 for fiscal year 2003. `(2) MINIMUM AMOUNT- Notwithstanding subparagraph (A)-- `(A) a State eligible for a first-year grant under this section shall not receive less than $300,000; and `(B) a State eligible for a succeeding-year grant under this section shall not receive less than $500,000. `(e) 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. `(f) Applicability of Chapter 1- The provisions contained in section 402(d) shall apply to this section.'. (b) Conforming Amendment- The analysis for chapter 4 of title 23, United States Code, is amended by adding at the end the following: `412. State traffic safety information system improvements.'. SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM. The Secretary shall establish a program to support national impaired driving mobilization and enforcement efforts and national safety belt mobilization and enforcement, including the purchase of national paid advertisement (including production and placement) to support such efforts. SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY. (a) In General- Using funds made available to carry out section 403 of title 23, United States Code, the Secretary shall conduct a study of the causes of motorcycle crashes. (b) Report- Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study. SEC. 2007. CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTS. (a) General Authority- Subject to the requirements of this section, the Secretary shall make grants to States that enact or have enacted and are enforcing a law requiring that children riding in passenger motor vehicles who are too large to be secured in a child safety seat be secured in a child restraint that meets the requirements prescribed by the Secretary under section 3 of Anton's Law (116 Stat. 2772). (b) Maintenance of Effort- No grant may be made to a State under this section in a 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 child safety seat and child booster seat programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this Act. (c) Federal Share- The Federal share of the cost of implementing and enforcing in a fiscal year a law adopted by a State under subsection (a) shall not exceed-- (1) for the first 3 fiscal years for which a State receives a grant under this section, 75 percent; and (2) for the fourth fiscal year for which a State receives a grant under this section, 50 percent. (d) Grant Eligibility- (1) IN GENERAL- A State is eligible for a grant under this section if the State has in effect and enforces a law described in subsection (a). (2) MAXIMUM PERIOD OF ELIGIBILITY- No State may receive grants under this section in more than 4 fiscal years beginning after September 30, 2005. (e) Eligible Uses of Funds- A State may use a grant under this section only to carry out child safety seat and child booster seat programs, including the following: (1) A program to educate the public concerning the proper use and installation of child safety seats and child booster seats. (2) A program to train child passenger safety professionals, police officers, fire and emergency medical personnel, and educators concerning all aspects of the use of child safety seats and booster seats. (3) A program to purchase and distribute child safety seats, child booster seats, and other appropriate passenger motor vehicle child restraints to families that cannot otherwise afford such seats or restraints. (4) A program to support enforcement of child restraint laws.