23 U.S.C. § 406 : US Code - Section 406: Safety belt performance grants

Search 23 U.S.C. § 406 : US Code - Section 406: Safety belt performance grants

(a) In General. - The Secretary shall make grants to States in
accordance with the provisions of this section to encourage the
enactment and enforcement of laws requiring the use of safety belts
in passenger motor vehicles.
(b) Grants for Enacting Primary Safety Belt Use Laws. -
(1) In general. - The Secretary shall make a single grant to
each State that either -
(A) enacts for the first time after December 31, 2002, and
has in effect and is enforcing a conforming primary safety belt
use law for all passenger motor vehicles; or
(B) in the case of a State that does not have such a primary
safety belt use law, has after December 31, 2005, a State
safety belt use rate of 85 percent or more for each of the 2
calendar years immediately preceding the fiscal year of a
grant, as measured under criteria determined by the Secretary.
(2) Amount. - The amount of a grant available to a State in
fiscal year 2006 or in a subsequent fiscal year under paragraph
(1) shall equal 475 percent of the amount apportioned to the
State under section 402(c) for fiscal year 2003.
(3) July 1 cut-off. - For the purpose of determining the
eligibility of a State for a grant under paragraph (1)(A), a
conforming primary safety belt use law enacted after June 30th of
any year shall -
(A) not be considered to have been enacted in the Federal
fiscal year in which that June 30th falls; but
(B) be considered as if it were enacted after October 1 of
the next Federal fiscal year.
(4) Shortfall. - If the total amount of grants provided for by
this subsection for a fiscal year exceeds the amount of funds
available for such grants for that fiscal year, the Secretary
shall make grants under this subsection to States in the order in
which -
(A) the conforming primary safety belt use law came into
effect; or
(B) the State's safety belt use rate was 85 percent or more
for 2 consecutive calendar years (as measured under by criteria
determined by the Secretary), whichever first occurs.
(5) Catch-up grants. - The Secretary shall make a grant to any
State eligible for a grant under this subsection that did not
receive a grant for a fiscal year because of the application of
paragraph (4), in the next fiscal year if the State's conforming
primary safety belt use law remains in effect or its safety belt
use rate is 85 percent or more for the 2 consecutive calendar
years preceding such next fiscal year (subject to the condition
in paragraph (4)).
(c) Grants for Pre-2003 Laws. -
(1) In general. - To the extent that amounts made available for
grants under this section for any of fiscal years 2006 through
2009 exceed the total amount of grants to be awarded under
subsection (b) for the fiscal year, including amounts to be
awarded for catch-up grants under subsection (b)(5), the
Secretary shall make a single grant to each State that enacted,
has in effect, and is enforcing a conforming primary safety belt
use law for all passenger motor vehicles that was in effect
before January 1, 2003.
(2) Amount; installments. - The amount of a grant available to
a State under this subsection shall be equal to 200 percent of
the amount of funds apportioned to the State under section 402(c)
for fiscal year 2003. The Secretary may award the grant in annual
installments.
(d) Allocation of Unallocated Funds. -
(1) Additional grants. - The Secretary shall make additional
grants under this section of any amounts made available for
grants under this section that, on July 1, 2009, have not been
allocated to States under this section.
(2) Allocation. - The additional grants made under this
subsection shall be allocated among all States that, as of that
date, have enacted, have in effect, and are enforcing conforming
primary safety belt laws for all passenger motor vehicles. The
allocations shall be made in accordance with the formula for
apportioning funds among the States under section 402(c).
(e) Use of Grant Funds. -
(1) In general. - Subject to paragraph (2), a State may use a
grant under this section for any safety purpose under this title
or for any project that corrects or improves a hazardous roadway
location or feature or proactively addresses highway safety
problems, including -
(A) intersection improvements;
(B) pavement and shoulder widening;
(C) installation of rumble strips and other warning devices;
(D) improving skid resistance;
(E) improvements for pedestrian or bicyclist safety;
(F) railway-highway crossing safety;
(G) traffic calming;
(H) the elimination of roadside obstacles;
(I) improving highway signage and pavement marking;
(J) installing priority control systems for emergency
vehicles at signalized intersections;
(K) installing traffic control or warning devices at
locations with high accident potential;
(L) safety-conscious planning; and
(M) improving crash data collection and analysis.
(2) Safety activity requirement. - Notwithstanding paragraph
(1), the Secretary shall ensure that at least $1,000,000 of
amounts received by States under this section are obligated for
safety activities under this chapter.
(3) Support activity. - The Secretary or his designee may
engage in activities with States and State legislators to
consider proposals related to safety belt use laws.
(f) Carry-Forward of Excess Funds. - If the amount available for
grants under this section for any fiscal year exceeds the sum of
the grants made under this section for that fiscal year, the excess
amount and obligational authority shall be carried forward and made
available for grants under this section in the succeeding fiscal
year.
(g) Federal Share. - The Federal share payable for grants under
this section shall be 100 percent.
(h) Passenger Motor Vehicle Defined. - In this section, the term
"passenger motor vehicle" means -
(1) a passenger car;
(2) a pickup truck; and
(3) a van, minivan, or sport utility vehicle with a gross
vehicle weight rating of less than 10,000 pounds.