NHTSA-RELATED
HIGHWAY SAFETY-RELATED PROVISIONS IN SAFETEA-LU, AS ENACTED
(Aug. 10, 2005; P.L. 109-59)
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle D--Highway Safety
Sec. 1406. Safety incentive grants for use of seat belts.
Sec. 1407. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.
SEC. 1406. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
Section 157(g)(1) of title 23, United States Code, is amended by
striking ``2004, and'' and all that follows through ``2005'' and
inserting ``2004, and $112,000,000 for fiscal year 2005''.
SEC. 1407. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY
INTOXICATED PERSONS.
(a) Codification of Penalty.--Section 163 of title 23, United States
Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) Penalty.--
``(1) <<NOTE: Deadline.>> In general.--On October 1, 2003,
and October 1 of each fiscal year thereafter, if a State has not
enacted or is not enforcing a law described in subsection (a),
the Secretary shall withhold from amounts apportioned to the
State on that date under each of paragraphs (1), (3), and (4) of
section 104(b) an amount equal to the amount specified in
paragraph (2).
``(2) Amount to be withheld.--If a State is subject to a
penalty under paragraph (1), the Secretary shall withhold for a
fiscal year from the apportionments of the State described in
paragraph (1) an amount equal to a percentage of the funds
apportioned to the State under paragraphs (1), (3), and (4) of
section 104(b) for fiscal year 2003. The percentage shall be as
follows:
``(A) For fiscal year 2004, 2 percent.
``(B) For fiscal year 2005, 4 percent.
``(C) For fiscal year 2006, 6 percent.
``(D) For fiscal year 2007, and each fiscal year
thereafter, 8 percent.
``(3) Failure to comply.--If, within 4 years from the date
that an apportionment for a State is withheld in accordance with
this subsection, the Secretary determines that the State has
enacted and is enforcing a law described in subsection (a), the
apportionment of the State shall be increased by an amount equal
to the amount withheld. If, at the end of such 4-year period,
any State has not enacted or is not enforcing a law described in
subsection (a) any amounts so withheld from such State shall
lapse.''.
(b) Authorization of Appropriations.--Section 163(f)(1) of such
title (as redesignated by subsection (a)(1) of this section) is amended
by striking ``2004, and'' and inserting ``2004, and $110,000,000 for
fiscal year 2005''.
(c) Repeal.--Section 351 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (23 U.S.C. 163 note; 114 Stat.
1356A-34) is repealed.
Subtitle I--Miscellaneous
Sec. 1906. Grant program to prohibit racial profiling.
SEC. 1906. <<NOTE: 23 USC 402 note.>> GRANT PROGRAM TO PROHIBIT RACIAL
PROFILING.
(a) Grants.--Subject to the requirements of this section, the
Secretary shall make grants to a State that--
(1)(A) has enacted and is enforcing a law that prohibits the
use of racial profiling in the enforcement of State laws
regulating the use of Federal-aid highways; and
(B) is maintaining and allows public inspection of
statistical information for each motor vehicle stop made by a
law enforcement officer on a Federal-aid highway in the State
regarding the race and ethnicity of the driver and any
passengers; or
(2) provides assurances satisfactory to the Secretary that
the State is undertaking activities to comply with the
requirements of paragraph (1).
(b) Eligible Activities.--A grant received by a State under
subsection (a) shall be used by the State--
(1) in the case of a State eligible under subsection (a)(1),
for costs of--
(A) collecting and maintaining of data on traffic
stops;
(B) evaluating the results of the data; and
(C) developing and implementing programs to reduce
the occurrence of racial profiling, including programs
to train law enforcement officers; and
(2) in the case of a State eligible under subsection (a)(2),
for costs of--
(A) activities to comply with the requirements of
subsection (a)(1); and
(B) any eligible activity under paragraph (1).
(c) Racial Profiling.--
(1) In general.--To meet the requirement of subsection
(a)(1), a State law shall prohibit, in the enforcement of State
laws regulating the use of Federal-aid highways, a State or
local law enforcement officer from using the race or ethnicity
of the driver or passengers to any degree in making routine or
spontaneous law enforcement decisions, such as ordinary traffic
stops on Federal-aid highways.
(2) Limitation.--Nothing in this subsection shall alter the
manner in which a State or local law enforcement officer
considers race or ethnicity whenever there is trustworthy
information, relevant to the locality or time frame, that links
persons of a particular race or ethnicity to an identified
criminal incident, scheme, or organization.
(d) Limitations.--
(1) Maximum amount of grants.--The total amount of grants
made to a State under this section in a fiscal year may not
exceed 5 percent of the amount made available to carry out this
section in the fiscal year.
(2) Eligibility.--A State may not receive a grant under
subsection (a)(2) in more than 2 fiscal years.
(e) Authorization of Appropriations.--
[[Page 119 STAT. 1469]]
(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 $7,500,000 for each of fiscal years 2005
through 2009.
(2) Contract authority.--Funds authorized by this subsection
shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code, except the Federal share of the cost of activities
carried out using such funds shall be 80 percent, and such funds
shall remain available until expended and shall not be
transferable.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Authorization of appropriations.
Sec. 2002. Highway safety programs.
Sec. 2003. Highway safety research and outreach programs.
Sec. 2004. Occupant protection incentive grants.
Sec. 2005. Grants for primary safety belt use laws.
Sec. 2006. State traffic safety information system improvements.
Sec. 2007. Alcohol-impaired driving countermeasures.
Sec. 2008. NHTSA accountability.
Sec. 2009. High visibility enforcement program.
Sec. 2010. Motorcyclist safety.
Sec. 2011. Child safety and child booster seat incentive grants.
Sec. 2012. Safety data.
Sec. 2013. Drug-impaired driving enforcement.
Sec. 2014. First responder vehicle safety program.
Sec. 2015. Driver performance study.
Sec. 2016. Rural State emergency medical services optimization pilot
program.
Sec. 2017. Older driver safety; law enforcement training.
Sec. 2018. Safe intersections.
Sec. 2019. National Highway Safety Advisory Committee technical
correction.
Sec. 2020. Presidential Commission on Alcohol-Impaired Driving.
Sec. 2021. Sense of the Congress in support of increased public
awareness of blood alcohol concentration levels and dangers
of alcohol-impaired driving.
Sec. 2022. Effective date.
TITLE II--HIGHWAY SAFETY
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, $163,680,000 for fiscal year
2005, $217,000,000 for fiscal year 2006, $220,000,000 for fiscal
year 2007, $225,000,000 for fiscal year 2008, and $235,000,000
for fiscal year 2009.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code, $71,424,000 for
fiscal year 2005, $110,000,000 for fiscal year 2006,
$107,750,000 for fiscal year 2007, $107,750,000 for fiscal year
2008, and $105,500,000 for fiscal year 2009.
(3) Occupant protection incentive grants.--For carrying out
section 405 of title 23, United States Code, $19,840,000 for
fiscal year 2005, $25,000,000 for fiscal year 2006, $25,000,000
for fiscal year 2007, $25,000,000 for fiscal year 2008, and
$25,000,000 for fiscal year 2009.
(4) Safety belt performance grants.--For carrying out
section 406 of title 23, United States Code, $124,500,000 for
fiscal year 2006, $124,500,000 for fiscal year 2007,
$124,500,000 for fiscal year 2008, and $124,500,000 for fiscal
year 2009.
(5) State traffic safety information system improvements.--
For carrying out section 408 of title 23, United States Code,
$34,500,000 for fiscal year 2006, $34,500,000 for fiscal year
2007, $34,500,000 for fiscal year 2008, and $34,500,000 for
fiscal year 2009.
(6) Alcohol-impaired driving countermeasures incentive grant
program.--For carrying out section 410 of title
[[Page 119 STAT. 1520]]
23, United States Code, $39,680,000 for fiscal year 2005,
$120,000,000 for fiscal year 2006, $125,000,000 for fiscal year
2007, $131,000,000 for fiscal year 2008, and $139,000,000 for
fiscal year 2009.
(7) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code, $3,968,000 for fiscal year 2005,
$4,000,000 for fiscal year 2006, $4,000,000 for fiscal year
2007, $4,000,000 for fiscal year 2008, and $4,000,000 for fiscal
year 2009.
(8) High visibility enforcement program.--For carrying out
section 2009 of this title $29,000,000 for fiscal year 2006,
$29,000,000 for fiscal year 2007, $29,000,000 for fiscal year
2008, and $29,000,000 for fiscal year 2009.
(9) Motorcyclist safety.--For carrying out section 2010 of
this title $6,000,000 for fiscal year 2006, $6,000,000 for
fiscal year 2007, $6,000,000 for fiscal year 2008, and
$7,000,000 for fiscal year 2009.
(10) Child safety and child booster seat safety incentive
grants.--For carrying out section 2011 of this title $6,000,000
for fiscal year 2006, $6,000,000 for fiscal year 2007,
$6,000,000 for fiscal year 2008, and $7,000,000 for fiscal year
2009.
(11) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code, and this title $17,500,000 for fiscal year
2006, $17,750,000 for fiscal year 2007, $18,250,000 for fiscal
year 2008, and $18,500,000 for fiscal year 2009.
(b) <<NOTE: 23 USC 401 note.>> Prohibition on Other Uses.--Except as
otherwise provided in chapter 4 of title 23, United States Code, and
this title, (including the amendments made by this title), the amounts
made available from the Highway Trust Fund (other than the Mass Transit
Account) for a program under such chapter shall only be used to carry
out such program and may not be used by States or local governments for
construction purposes.
(c) 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 2005 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.
(d) Transfers.--In each fiscal year, the Secretary may transfer any
amounts remaining available under paragraph (3), (5), or (6) 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, 408, and 410 of title 23, United States
Code.
(e) Clarifications.--The amounts made available by each of
subsections (a)(1) through (a)(7) shall be less any amounts made
available from the Highway Trust Fund (other than the Mass Transit
Account) by laws enacted before the date of enactment of this Act for
the respective programs referred to in each of such subsections for
fiscal year 2005. Amounts authorized by such subsections are post-
rescission and shall not be subject to any rescission after the date of
enactment of this Act.
[[Page 119 STAT. 1521]]
SEC. 2002. HIGHWAY SAFETY PROGRAMS.
(a) Programs To Be Included.--Section 402(a) of title 23, United
States Code, is amended--
(1) in clause (2) by striking ``and to increase public
awareness of the benefit of motor vehicles equipped with
airbags'';
(2) by redesignating clause (6) as clause (7);
(3) by inserting after clause (5) the following: ``(6) to
reduce accidents resulting from unsafe driving behavior
(including aggressive or fatigued driving and distracted driving
arising from the use of electronic devices in vehicles)''; and
(4) in the 10th sentence by inserting ``aggressive driving,
fatigued driving, distracted driving,'' after ``school bus
accidents,''
(b) Administration of State Programs.--Section 402(b)(1) of such
title is amended--
(1) in subparagraph (C) by striking ``and'' at the end;
(2) by redesignating clause (6) as clause (7);
(3) in subparagraph (D) by striking ``State.'' and inserting
``State; and''; and
(4) by adding at the end the following:
``(E) provide satisfactory assurances that the State
will implement activities in support of national highway
safety goals to reduce motor vehicle related fatalities
that also reflect the primary data-related crash factors
within a State as identified by the State highway safety
planning process, including--
``(i) national law enforcement mobilizations;
``(ii) sustained enforcement of statutes
addressing impaired driving, occupant protection,
and driving in excess of posted speed limits;
``(iii) an annual statewide safety belt use
survey in accordance with criteria established by
the Secretary for the measurement of State safety
belt use rates to ensure that the measurements are
accurate and representative; and
``(iv) development of statewide data systems
to provide timely and effective data analysis to
support allocation of highway safety resources.''.
(c) Deduction Deletion.--Section 402(c) of such title is amended--
(1) by striking the second sentence; and
(2) in the sixth sentence by striking ``three-fourths of 1
percent'' and inserting ``2 percent''.
(d) Law Enforcement and Consolidation of Applications.--Section 402
of such title is further amended by adding at the end the following:
``(l) Law Enforcement Vehicular Pursuit Training.--A State shall
actively encourage all relevant law enforcement agencies in such State
to follow the guidelines established for vehicular pursuits issued by
the International Association of Chiefs of Police that are in effect on
the date of enactment of this subsection or as revised and in effect
after such date as determined by the Secretary.
``(m) Consolidation of Grant Applications.--The Secretary shall
establish an approval process by which a State may apply for all grants
under this chapter through a single application process
[[Page 119 STAT. 1522]]
with one annual deadline. The Bureau of Indian Affairs shall establish a
similar simplified process for applications for grants from Indian
tribes under this chapter.''.
(e) Conforming Repeal for Administrative Expenses.--Section 405(d)
of such title is repealed.
SEC. 2003. HIGHWAY SAFETY RESEARCH AND OUTREACH PROGRAMS.
(a) Revised Authority and Requirements.--Section 403(a) of title 23,
United States Code, is amended to read as follows:
``(a) Authority of the Secretary.--The Secretary is authorized to
use funds appropriated to carry out this section to--
``(1) conduct research on all phases of highway safety and
traffic conditions, including accident causation, highway or
driver characteristics, communications, and emergency care;
``(2) conduct ongoing research into driver behavior and its
effect on traffic safety;
``(3) conduct research on, launch initiatives to counter,
and conduct demonstration projects on fatigued driving by
drivers of motor vehicles and distracted driving in such
vehicles, including the effect that the use of electronic
devices and other factors deemed relevant by the Secretary have
on driving;
``(4) conduct training or education programs in cooperation
with other Federal departments and agencies, States, private
sector persons, highway safety personnel, and law enforcement
personnel;
``(5) conduct research on, and evaluate the effectiveness
of, traffic safety countermeasures, including seat belts and
impaired driving initiatives;
``(6) conduct research on, evaluate, and develop best
practices related to driver education programs (including driver
education curricula, instructor training and certification,
program administration and delivery mechanisms) and make
recommendations for harmonizing driver education and multistage
graduated licensing systems;
``(7) conduct research, training, and education programs
related to older drivers;
``(8) conduct demonstration projects; and
``(9) conduct research, training, and programs relating to
motorcycle safety, including impaired driving.''
(b) International Cooperation.--Section 403 of such title is amended
by adding at the end the following:
``(g) International Cooperation.--The Administrator of the National
Highway Traffic Safety Administration may participate and cooperate in
international activities to enhance highway safety.''.
(c) On-Scene Motor Vehicle Collision Causation.--
(1) Study.--The Secretary shall conduct under section 403 of
title 23, United States Code, a nationally representative study
to collect on-scene motor vehicle collision data and to
determine crash causation. <<NOTE: Contracts.>> The Secretary
shall enter into a contract with the National Academy of
Sciences to conduct a review of the research, design,
methodology, and implementation of the study.
(2) Consultation.--The study under this subsection may be
conducted in consultation with other Federal departments and
agencies with relevant expertise.
[[Page 119 STAT. 1523]]
(3) Final report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report on
the results of the study conducted under this subsection to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives.
(d) <<NOTE: 23 USC 403 note.>> Research on Distracted, Inattentive,
and Fatigued Drivers.--In conducting research under section 403(a)(3) of
title 23, United States Code, the Secretary shall carry out not less
than 2 demonstration projects to evaluate new and innovative means of
combating traffic system problems caused by distracted, inattentive, or
fatigued drivers. The demonstration projects shall be in addition to any
other research carried out under such section.
(e) Pedestrian <<NOTE: Reports.>> Safety.--
(1) In general.--The Secretary shall--
(A) produce a comprehensive report on pedestrian
safety that builds on the current level of knowledge of
pedestrian safety countermeasures by identifying the
most effective advanced technology and intelligent
transportation systems, such as automated pedestrian
detection and warning systems (infrastructure-based and
vehicle-based), road design, and vehicle structural
design that could potentially mitigate the crash forces
on pedestrians in the event of a crash; and
(B) include in the report recommendations on how new
technological developments could be incorporated into
educational and enforcement efforts and how they could
be integrated into national design guidelines developed
by the American Association of State Highway and
Transportation Officials.
(2) Due date.--The Secretary shall complete the report under
this subsection not less than 2 years after the date of
enactment of this Act and submit a copy of the report to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives.
(f) Refusal of Intoxication Testing.--
(1) Study.--The Secretary shall carry out under section 403
of title 23, United States Code, a study of the frequency with
which persons arrested for the offense of operating a motor
vehicle while under the influence of alcohol and persons
arrested for the offense of operating a motor vehicle while
intoxicated refuse to take a test to determine blood alcohol
concentration levels and the effect such refusals have on the
ability of States to prosecute such persons for those offenses.
(2) Consultation.--In carrying out the study under this
subsection, the Secretary shall consult with the Governors of
the States, the States' Attorneys General, and the United States
Sentencing Commission.
(3) Report.--
(A) Requirement for report.--Not later than 2 years
after the date of the enactment of this Act, the
Secretary shall submit a report on the results of the
study to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
[[Page 119 STAT. 1524]]
(B) Content.--The report shall include any
recommendation for legislation, including any
recommended model State legislation, and any other
recommendations that the Secretary considers appropriate
for implementing a program designed to decrease the
occurrence of refusals by arrested persons to submit to
a test to determine blood alcohol concentration levels.
(g) Impaired Motorcycle Driving.--
(1) Study.--In conducting research under section 403(a)(9)
of title 23, United States Code, the Secretary shall conduct a
study on educational, public information and other activities
targeted at reducing motorcycle accidents and resulting
fatalities and injuries, where the operator of the motorcycle is
impaired.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study, including the data collected and statistics compiled and
recommendations to reduce the number of motorcycle accidents
described in paragraph (1) and the resulting fatalities and
injuries.
(h) Reducing Impaired Driving Recidivism.--
(1) Study.--The Secretary shall conduct a study on reducing
the incidence of alcohol-related motor vehicle crashes and
fatalities through research of advanced vehicle-based alcohol
detection systems, including an assessment of the practicability
and cost effectiveness of such systems.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
study.
SEC. 2004. 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 ``SAFETEA-LU'';
(2) in paragraph (3) by striking ``1997'' and inserting
``2003''; and
(3) in each of paragraphs (4)(A), (4)(B), and (4)(C) by
inserting after ``years'' the following: ``beginning after
September 30, 2003,''.
(c) Grant Amounts.--Section 405(c) of such title is amended--
(1) by striking ``25 percent'' and inserting ``100
percent''; and
(2) by striking ``1997'' and inserting ``2003''.
SEC. 2005. GRANTS FOR PRIMARY SAFETY BELT USE LAWS.
(a) In General.--Section 406 of title 23, United States Code, is
amended to read as follows:
``Sec. 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
[[Page 119 STAT. 1525]]
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
[[Page 119 STAT. 1526]]
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
[[Page 119 STAT. 1527]]
``(3) a van, minivan, or sport utility vehicle with a gross
vehicle weight rating of less than 10,000 pounds.''.
(b) Clerical Amendment.--The analysis for chapter 4 of such title is
amended by striking the item relating to section 406 and inserting the
following:
``406. Safety belt performance grants.''.
SEC. 2006. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.
(a) In General.--Section 408 of title 23, United States Code, is
amended to read as follows:
``Sec. 408. State traffic safety information system improvements
``(a) Grant Authority.--Subject to the requirements of this section,
the Secretary shall make grants to eligible States to support the
development and implementation of effective programs by such States to--
``(1) 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;
``(2) evaluate the effectiveness of efforts to make such
improvements;
``(3) link the State data systems, including traffic
records, with other data systems within the State, such as
systems that contain medical, roadway, and economic data; and
``(4) 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.
``(b) First-Year Grants.--To be eligible for a first-year grant
under this section in a fiscal year, 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--
``(A) that addresses existing deficiencies in the
State's highway safety data and traffic records system;
``(B) that is approved by the highway safety data
and traffic records coordinating committee;
``(C) that specifies how existing deficiencies in
the State's highway safety data and traffic records
system were identified;
``(D) that prioritizes, on the basis of the
identified highway safety data and traffic records
system deficiencies of the State, the highway safety
data and traffic records system needs and goals of the
State, including the activities under subsection (a);
``(E) that identifies performance-based measures by
which progress toward those goals will be determined;
and
[[Page 119 STAT. 1528]]
``(F) that specifies how the grant funds and any
other funds of the State are to be used to address needs
and goals identified in the multiyear plan.
``(c) Successive Year Grants.--A State shall be eligible for a grant
under this subsection in a fiscal year succeeding the first fiscal year
in which the State receives a grant under subsection (b) if the State--
``(1) certifies to the Secretary that an assessment or audit
of the State's highway safety data and traffic records system
has been conducted or updated within the preceding 5 years;
``(2) certifies to the Secretary that its highway safety
data and traffic records coordinating committee continues to
operate and supports the multiyear plan;
``(3) specifies how the grant funds and any other funds of
the State are to be used to address needs and goals identified
in the multiyear plan;
``(4) demonstrates to the Secretary measurable progress
toward achieving the goals and objectives identified in the
multiyear plan; and
``(5) submits to the Secretary a current report on the
progress in implementing the multiyear plan.
``(d) Grant Amount.--Subject to subsection (e)(3), the amount of a
year grant made to a State for a fiscal year under this section shall
equal the higher of--
``(1) the 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 such section
for fiscal year 2003; or
``(2)(A) $300,000 in the case of the first fiscal year a
grant is made to a State under this section after the date of
enactment of this subparagraph; or
``(B) $500,000 in the case of a succeeding fiscal year a
grant is made to the State under this section after such date of
enactment.