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$19.84 M

$25 M

$25 M

$25 M

$25 M


Program Purpose

Section 2004 of SAFETEA-LU amended Section 405 (a) of Chapter 4 of Title 23 to encourage States to adopt and implement effective programs to reduce deaths and injuries from riding unrestrained or improperly restrained in motor vehicles. A State may use these grant funds only to implement and enforce occupant protection programs.



A State is eligible for an incentive grant by adopting or demonstrating that it has implemented at least 4 of the following 6 criteria:

  • A Safety Belt Use Law applying to passengers in any seat in the vehicle.
  • A safety belt law providing for Primary Enforcement.
  • Minimum Fines or Penalty Points for safety belt and child safety seat use law violations.
  • A statewide Special Traffic Enforcement Program (STEP) for occupant protection that emphasizes publicity.
  • A statewide Child Passenger Protection 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.
  • A Child Passenger Protection Law that requires minors to be properly secured in a child safety seat or other appropriate restraint system.


No State may receive a grant under this section in more than 6 years beginning in FY 2004.  For purposes of this section, those jurisdictions defined as “States” in chapter 4 of Title 23 are eligible to receive Section 405 funds; this includes the 50 States, the District of Columbia, Puerto Rico, Virgin Islands, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and the Bureau of Indian Affairs.


Authorizes $100 million for fiscal years 2006-2009.  Each State that qualifies for a grant receives up to 100 percent of its FY 2003 Section 402 apportionment.  The Federal share of programs funded under this section shall not exceed 75 percent in the first and second years beginning in FY 2004 in which a State receives a grant, 50 percent in the third and fourth years in which a State receives a grant, and 25 percent in each of the fifth and sixth years in which a State receives a grant.  The Secretary may transfer any amounts remaining available under Section 405, 408 and 410 to the amounts made available under any of these programs to ensure, to the maximum extent possible, that each State receive the maximum incentive funding for which it is eligible.  States must demonstrate a maintenance of effort.

Program Administration

The National Highway Traffic Safety Administration will administer this program.

U.S. Department of Transportation National Highway Traffic Safety Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
1-800-424-9153 (TTY)