§ 157. — Safety incentive grants for use of seat belts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC157]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 157. Safety incentive grants for use of seat belts
(a) Definitions.--In this section, the following definitions apply:
(1) Motor vehicle.--The term ``motor vehicle'' means a vehicle
driven or drawn by mechanical power and manufactured primarily for
use on public highways, but does not include a vehicle operated
solely on a rail line.
(2) Multipurpose passenger motor vehicle.--The term
``multipurpose passenger motor vehicle'' means a motor vehicle with
motive power (except a trailer), designed to carry not more than 10
individuals, that is constructed on a truck chassis or is
constructed with special features for occasional off-road operation.
(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).
(Added Pub. L. 105-178, title I, Sec. 1403(a), June 9, 1998, 112 Stat.
237.)
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.
Prior Provisions
A prior section 157, added Pub. L. 97-424, title I, Sec. 150(a),
Jan. 6, 1983, 96 Stat. 2131; amended Pub. L. 99-272, title IV,
Sec. 4102(f), Apr. 7, 1986, 100 Stat. 113; Pub. L. 100-17, title I,
Secs. 105(h), 124, Apr. 2, 1987, 101 Stat. 144, 164; Pub. L. 102-240,
title I, Secs. 1002(h), 1013(a), (b), Dec. 18, 1991, 105 Stat. 1918,
1940; Pub. L. 103-272, Sec. 5(f)(3), July 5, 1994, 108 Stat. 1374,
related to minimum allocations to States, prior to repeal by Pub. L.
105-178, title I, Sec. 1403(a), June 9, 1998, 112 Stat. 237.
Savings Clause
Pub. L. 105-178, title I, Sec. 1403(c), June 9, 1998, 112 Stat. 240,
provided that: ``The amendment made by subsection (a) [enacting this
section and repealing former section 157 of this title] shall not affect
any funds apportioned or allocated before the date of enactment of this
Act [June 9, 1998].''
