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(Sec. 1406)  Safety Incentive Grants For Use of Seat Belts. (Section 157)

  • This section authorizes $112,000,000 for  fiscal year 2005 for grants to States that have met certain requirements with regard to seat belts.

Sec. 1407)  Safety Incentives to Prevent Operation of Motor Vehicles by Intoxicated Persons. (Section 163)

  • Subsection (a) codifies the penalty against States for not enacting and enforcing a 0.08 drunk driving law. This penalty was originally enacted in the 2001 DOT appropriations bill.
  • Subsection (b) authorizes $110,000,000 for each  fiscal year 2005 for grants to States that have enacted 0.08 laws.
  • Subsection (c) repeals the appropriations language that enacted the penalty in 2001.


(Sec. 2001) Authorization of Appropriations

  • Provides authorizations of appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for each of FYs 2005-2009 for Sec. 402 highway safety programs, Sec. 403 highway safety research and development, Sec. 405 Occupant Protection Incentive Grants, Sec. 410 Alcohol-Impaired Driving Countermeasures Incentive Grants, and National Driver Register, and for each of FYs 2006-2009 for Sec. 406 Safety Belt Performance Grants, Sec. 408 State Traffic Safety Information System Improvements, Section 2009 (of this title) High Visibility Enforcement, Section 2010 (of this title) Motorcyclist Safety, and Section 2011 (of this title) Child Safety and Child Booster Seat Safety Incentives.  Also, provides authorizations of appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for Administrative Expenses for each of FYs 2006-2009.
  • Prohibits the use of funds for a program under chapter 4 of title 23, USC, from being used by States or local governments for construction purposes.
  • Provides contract authority for amounts made available under subsection (a) [above] for FYs 2005-2009.
  • Provides that in each fiscal year, the Secretary may transfer any amounts remaining available under paragraphs 3 (Sec. 405 Occupant Protection Grants), 5 (Sec. 408 Data Grants), or 6 (Sec. 410 Alcohol Grants) of subsection (a) to the amounts made available under any other of such paragraphs to ensure that each State receives the maximum incentive funding for which the State is eligible under Sections 405, 408, and 410.
  • Amounts made available for Sections 402, 403, 405, 406, 408, 410, and the NDR shall be reduced by any amounts made available by laws enacted before the date of enactment of this Act for these programs in FY 2005.  Amounts authorized for these sections are "post-rescission and shall not be subject to any rescission after the date of enactment of this Act."

  (Sec. 2002) Highway Safety Programs (Section 402).

  • Makes various amendments to the Sec. 402(a) guidelines. Amends the requirements for uniform guidelines for state highway safety programs to repeal the requirement for programs to increase public awareness of the benefit of motor vehicles equipped with airbags. Requires NHTSA to develop a new guideline to: reduce accidents relating to unsafe driving including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles. Establishes a new reporting criteria for States on aggressive driving, fatigued driving, and distracted driving.
  • Adds various administrative requirements that a State must meet if the Secretary is to approve the State's highway safety program. Prohibits the Secretary from approving a state highway safety program that does not include, among other things, satisfactory assurances that the state will implement activities in support of certain national highway safety priorities that also reflect data-related crash factors within a state including national mobilizations, sustained enforcement, an annual statewide safety belt use survey and development of statewide data systems.
  • Strikes the 5 percent deduction for administrative expenses in Sec. 402(c), and increases the minimum apportionment to the Secretary of the Interior for the Indian tribes from ¾ of 1 percent to 2 percent.
  • Adds two subsections—(l) and (m)—to Sec. 402:  (l) Law Enforcement Vehicle Pursuit Training, which requires States to actively encourage all relevant law enforcement agencies in the State to follow guidelines set for vehicular pursuits issued by the International Association of Chiefs of Police, and (m) Consolidation of Grant Applications, which directs the Secretary to establish an approval process by which States (including the BIA for Indian tribes) may apply for all grants under chapter 4 through a single application with one annual deadline.
  • Strikes the 5 percent deduction for administrative expenses in Sec. 405(d).

(Sec. 2003) Highway Safety Research and Outreach Programs (Sec.403). 

  • Requires the Secretary to conduct research on: (1) all phases of highway safety and traffic conditions; (2) driver behavior; (3) fatigued driving and distracted driving, including the effect of the use of electronic devices and other relevant factors; (4) training  or education programs; (5) traffic safety countermeasures; and (6) driver education programs; (7) older drivers; (8) demonstration projects; (9) motorcycle safety, including impaired driving. 
  • Authorizes NHTSA to participate in international activities related to highway safety.
  • Mandates a study on motor vehicle collision causation with the National Academy of Sciences and a report to Congress within 2 years.
  • Directs the Secretary to conduct not less than 2 demonstration projects to evaluate new and innovative means of addressing traffic system safety problems caused by distracted, inattentive or fatigued drivers.
  • Directs the Secretary to produce a comprehensive report on pedestrian safety identifying the most effective advanced technology and intelligent transportation systems along with recommendations on how to incorporate new technology into educational and enforcement efforts and how to integrate these in AASHTO design guidelines. Report to Congress within 2 years.
  • Directs the Secretary to conduct a study on the frequency of BAC test refusals (arrested for driving under the influence and operating a vehicle while intoxicated) and the effects on the ability of States to prosecute. Requires consultation with others, a report to Congress within 2 years with recommendations on legislation.
  • Directs the Secretary to conduct a study on impaired motorcycle driving with data, statistics and recommendations to reduce impaired driving. Requires a report to Congress within 2 years.
  • Directs the Secretary to conduct a study on advanced vehicle-based alcohol detection systems with a report to Congress within 2 years.

(Sec. 2004) Occupant Protection Incentive Grants (Sec. 405).

  • Changes the amount of a grant from 25% of amount apportioned under FY 1997 Section 402 to 100% of the amount apportioned in FY 2003. Retains other 405 provisions and grant criteria.

(Sec. 2005) Grants for Primary Safety Belt Use Laws (Sec.406). 

  • Replaces the school bus driver training grant program with new safety belt performance grants.
  • Directs the Secretary to make single grants to states that have enacted for the first time after December 31, 2002, and are enforcing, a conforming primary safety belt use law for all passenger motor vehicles, or in the case of a state that does not have such a law, has after December 31, 2005, a state safety belt use rate of 85% or more for two consecutive calendar years preceding the fiscal year of a grant.
  • The amount of the grants is 475 percent of the States’ FY 2003 Section 402 apportionment.
  • With any excess grant amounts available, the Secretary shall make a single grant to States that enacted and is enforcing a primary seat belt law for passenger vehicles in effect before January 1, 2003. The amount of the grants is 200 percent of the States’ FY 2003 Section 402 apportionment, which may be awarded in annual installments.
  • Authorizes NHTSA to allocate any unused sums to States with PSBL at the end of the authorization period based on Section 402 formula.
  • At least $1 million of the amounts received by the States under this section must be obligated for Chapter 4 highway safety activities, and the remainder may be used by the States  for any behavioral safety purpose, or, for any project that corrects or improves a hazardous roadway location or feature or proactively addresses highway safety problems.
  •   Federal share is 100 percent.
  • Authorizes the Secretary to engage in activities with State and State legislators to consider proposals related to belt laws.

(Sec. 2006) State Traffic Safety Information System Improvements (Section 408).

  • Replaces no longer functioning and completed alcohol traffic safety program with traffic safety information system improvement data grants. 
  • Directs the Secretary to make grants to eligible states to support the development and implementation of state traffic safety information systems to improve the timeliness, accuracy, and accessibility of safety data of the state needed to identify priorities for national, state, and local highway and traffic safety programs. 
  • Requires States in the first year to have a traffic records coordinating committee and a strategic plan and in succeeding years, among other things an assessment or audit of the traffic records system within the preceding 5 years.
  • The amount of the grants is the ratio of the States’ FY 2003 Section 402 apportionments to the total FY 2003 Section 402 funds. 
  • Sets a $300,000 grant minimum for the first year and $500,000 for succeeding years. 
  •   Federal share at 80%.
  • Directs the Secretary to determine model data elements useful for the observation and analysis of state and national trends in occurrences, rates, outcomes, and circumstances of motor vehicle traffic accidents including data on the impact on traffic safety of the use of electronic devices while driving.

(Sec. 2007) Alcohol-Impaired Driving Countermeasures (Section 410).

  • Revises state eligibility requirements for alcohol-impaired driving program grants.
  •   To be eligible for a grant, States must meet—out of eight criteria—at least 3 criteria for FY 2006, at least 4 criteria for FY 2007, and at least 5 criteria for FYs 2008 or 2009, or, in the alternative, have an alcohol-related fatality rate of 0.5 or less per 100M VMT. 
  • Grant program criteria include: check point or saturation patrol program, prosecution and adjudication outreach program, testing of BAC, high risk drivers, programs for effective alcohol rehabilitation and DWI courts, underage drinking program, administrative license revocation, and self-sustaining impaired driving prevention program. 
  • Grants may be used for all programs and activities described in the section and also to defray certain costs, defined in the section.  
  • Funds allocated based on Section 402 apportionment formula. 
  • Directs the Secretary to make a separate grant to 10 States with the highest impaired-driving related fatalities and requires  a NHTSA-approved expenditure plan. 
  • Not more than 15 percent of these impaired driving funds may be used per fiscal year for high fatality rate grants and at least 50 percent of the amounts so allocated  may only be used for checkpoint, saturation patrol programs. 
  • Funds  for separate grants to 10 States with the highest impaired-driving related fatalities shall be allocated based on Section 402 apportionment formula with no state receiving more than 30 percent of the high fatality rate funds for a fiscal year.
  • "Impaired  Operator" defined as a person who, while operating a motor vehicle, has a BAC of 0.08  percent or higher, or under the influence of a controlled substance. 
  • NHTSA required to issue guidelines specifying data elements States should collect related to drivers who are arrested or convicted for driving impaired .

(Sec. 2008) NHTSA Accountability.

  •   Creates a framework for advancing NHTSA's management of its grant programs and its program recommendations to the States. It requires a review of each State highway safety program at least once every three years along with recommendations on how each State may improve the management and oversight of its grant activities. It would also develop management and program review guidelines for the NHTSA Regional Offices.
  • Directs the General Accounting Office  to conduct a study on the effectiveness of the advice and recommendations given to the States by NHTSA.
  •   Increases NHTSA's accountability to the public by requiring the agency to post for public review on its website documents such as the NHTSA management review and program review guidelines.

  (Sec. 2009) High Visibility Enforcement Program. 

  • Directs the NHTSA Administrator to establish at least two nationwide high-visibility traffic safety law enforcement campaigns, in coordination with states,  to reduce alcohol-impaired or drug-impaired operation of motor vehicles, and to increase the use of seat belts by occupants of motor vehicles.
  • Directs Secretary to conduct annual evaluations .

(Sec. 2010) Motorcyclist Safety.  

  • Directs the Secretary to make a grant to each State that adopts and implements effective programs that reduce motorcycle crashes.
  • Requires states for FY2006 to meet 1 of 6 grant eligibility criteria, and 2 of 6 criteria thereafter in order to receive a grant.   Grant program criteria include: motorcycle rider training courses, motorcyclists awareness program, reduction of fatalities and crashes involving motorcycles, impaired driving program that includes specific measures to reduce impaired motorcycle operation, reduction of fatalities and accidents involving impaired motorcyclists, and all fees collected from motorcyclists for funding motorcycle training and safety programs are to be used for such programs. 
  •   Lists eligible uses of grant funds.
  • Requires the Secretary, in consultation with NHTSA, to develop model language for instructing the drivers of motor vehicles on the importance of sharing the roads safely with motorcycles. 

(Sec. 2011) Child Safety and Child Booster Seat Incentive Grants.

  • Directs the Secretary to make a grant to each state that is enforcing a law requiring that children riding in passenger motor vehicles, who are too large to be secured in a child safety seat, be secured in a child restraint that meets requirements prescribed by the Secretary under Anton's Law.
  • Federal share is 75 percent for the first three years and 50 percent in the fourth year. 
  • Not more than 50 percent per fiscal year can be used by a recipient States for purchase and distribution of seats to low-income families.  Remaining amounts used for training, enforcement, and education.
  • Grant amounts may not exceed 25 percent of the recipient State's FY 2003 Section 402 apportionment. Recipient States shall report obligations, expenditures, and programs.

(Sec. 2012) Safety Data.

  • Requires the Secretary, using Section 403 funds, to collect data and compile statistics on accidents involving motor vehicles being backed up that result in fatalities and injuries. The Secretary is required to transmit a report to Congress not later than January 1, 2009, on these accidents and any recommendations regarding measures to be taken.

  (Sec. 2013) Drug-Impaired Driving Enforcement. 

  •   Directs the Secretary to advise and coordinate with other Federal agencies on how to address driving under the influence of an illegal drug and conduct research on prevention, detection and prosecution of driving under influence of an illegal drug.
  • Mandates a report to Congress, in cooperation with NIH, not later than 18 months after enactment, on the methodologies and technologies for measuring impairment, methods for training law enforcement, description of the role of drugs in crashes, assessment of Federal and State laws, recommendation for addressing drug-impaired driving including levels of impairment and recommendations on model statutes.
  • Directs the Secretary to develop a model statute for States relating to drug-impaired driving, based on recommendations and finding s contained in the report to Congress, noted above, and to provide this model statute to the States no later than 1 year after the date of the submission of the report to Congress.
  • Amends Section 403 to  authorize research on technology to detect drug use and efficiently process toxicology evidence and research on effects of illicit drugs and compound effects of alcohol and illicit drugs.
  • Earmarks $1.2 million for each of FYs 2006-2009 from Section 403 to carry out this section.

(Sec. 2014) First Responder Vehicle Safety Program. 

  • Directs the Secretary, in consultation with NHTSA, within one year of enactment, to develop a comprehensive program to: 1) promote compliance with State and local laws intended to increase the safe and efficient operation of first responder vehicles; 2) compile best practices; 3) analyze laws; and 4) develop model legislation.
  •   Authorizes appropriations to the Secretary of such sums as may be necessary to carry out this program for FY 2006.

(Sec. 2015) Driver Performance Study.

  • Directs the Secretary to study risks associated with glare to oncoming drivers.
  • Earmarks $ 1 million from Section 403 in FY 2005.
  • Report to Congress within 18 months of enactment.

(Sec. 2016) Rural State Emergency Medical Services Optimization Pilot Program. 

  • Directs the Secretary to conduct a pilot program in Alaska for optimizing emergency medical services.  
  • Earmarks $ 1 million from Section 403 in FY 2006.
  • Report to Congress within 12 months of completion of pilot program.

(Sec. 2017) Older Driver Safety; Law Enforcement Training. 

  • Directs the Secretary to develop a comprehensive research and demonstration program to: 1) provide information and guidelines to older drivers, physicians, and others to enhance older driver safety; 2) improve the scientific basis of medical standards and screening; 3) conduct field tests to assess the benefits and mobility impacts of licensing strategies, assessments, and rehabilitation; and 4) assess the value and improve driver retraining courses for older drivers.
  • Requires an older driver safety plan to Congress within 1 year after enactment.
  • Earmarks $1.7 million  from Section 403 funds for each of FYs 2006-2009.  
  • Directs the Secretary carry out a program to provide guidance and support to law enforcement personnel in police chase techniques that are consistent with guidelines issued by the International Association of Chiefs of Police.
  • Earmarks $500,000  from Section 403 funds for each of FYs 2006-2009.

(Sec. 2018) Safe Intersections.

  • Amends Chapter 2 of title 18 USC to prohibit the sale and use of traffic signal preemption transmitters.  Mandates fines, imprisonment or both for offenses.

(Sec. 2019)  National Highway Safety Advisory Committee Technical Correction.

  • Replaces Department of Commerce with Department of Transportation.

(Sec. 2020) Presidential Commission on Alcohol-Impaired Driving.

  • Outlines Congressional findings on alcohol-related crashes and, in a sense of Congress statement, recommends that the President establish a Presidential Commission on Alcohol-Impaired Driving that will complete work no later than September 30, 2006. 

(Sec. 2021) Sense of the Congress in Support of Increased Public Awareness of Blood Alcohol Concentration Levels and Dangers of Alcohol-Impaired Driving.

  • Outlines Congressional findings on alcohol-related traffic crashes and, in a sense of Congress statement, recommends that NHTSA work with State and local governments and independent organizations to increase public awareness of State legal limits on BAC levels and the dangers of alcohol-impaired driving.

(Sec. 2022) Effective Date. 

  • Sections 2002 through 2007 (and the amendments and repeals made by such sections) shall take effect October 1, 2005.


  Subtitle B—Other Miscellaneous Provisions

(Sec. 10202) Emergency Medical Services.  

  • Directs the Secretary of Transportation, Secretary of Homeland Security, Secretary of Health and Human Services to establish a Federal Interagency Committee on Emergency Medical Services in order to: (1) ensure coordination among the Federal agencies involved with state, local, tribal, or regional emergency medical services and 9-1-1 systems; (2) identify State, local tribal, or regional emergency medical services and 9-1-1 needs; (3) recommend new or expanded programs (including grant programs) for improving such services and implementing improved emergency medical services communications technologies, including wireless 9-1-1; (4) streamline processes; (5) assist jurisdictions in processes; and (6) advise, consult, and make recommendations on implementation of coordinated State EMS programs.
  • Directs the NHTSA in cooperation with HHS and DHS to support the Interagency Committee.  Requires an annual report to Congress.

Title I—Federal-aid Highways Subtitle A-Authorization of Programs  

(Sec. 1011 (b))-Disadvantaged Business Enterprises

  • Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts  made available for Section 403 shall be expended through DBE firms.

Title IV-Motor Carrier Safety-Subtitle-Commercial Motor Vehicle Safety

(Sec. 4127)-Outreach and Education

  • Directs FMCSA and NHTSA to conduct a share the road safely program. Earmarks $1 million for FMCSA and $3 million for NHTSA from Section 31104(i) of title 49, USC, funds.


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