§ 405. — Occupant protection incentive grants.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC405]
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 405. Occupant protection incentive grants
(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.
(4) Federal share.--The Federal share of the cost of
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.
(Added Pub. L. 105-178, title II, Sec. 2003(a)(1), June 9, 1998, 112
Stat. 325.)
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.
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.''
Section Referred to in Other Sections
This section is referred to in section 410 of this title.
