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.
``(e) Additional Requirements and Limitations.--
``(1) Model data elements.--The Secretary, in consultation
with States and other appropriate parties, shall determine the
model data elements that are useful for the observation and
analysis of State and national trends in occurrences, rates,
outcomes, and circumstances of motor vehicle traffic accidents.
In order to be eligible for a grant under this section, a State
shall submit to the Secretary a certification that the State has
adopted and uses such model data elements, or a certification
that the State will use grant funds provided under this section
toward adopting and using the maximum number of such model data
elements as soon as practicable.
``(2) Data on use of electronic devices.--The model data
elements required under paragraph (1) shall include data
elements, as determined appropriate by the Secretary, in
consultation with the States and appropriate elements of the law
enforcement community, on the impact on traffic safety of the
use of electronic devices while driving.
``(3) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the
[[Page 119 STAT. 1529]]
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 highway safety
data programs at or above the average level of such expenditures
maintained by such State in the 2 fiscal years preceding the
date of enactment of the SAFETEA-LU.
``(4) Federal share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State program
described in subsection (a) may not exceed 80 percent.
``(5) Limitation on use of grant proceeds.--A State may use
the proceeds of a grant received under this section only to
implement the program described in subsection (a) for which the
grant is made.
``(f) Applicability of Chapter 1.--Section 402(d) of this title
shall apply in the administration of this section.''.
(b) Clerical Amendment.--The analysis for chapter 4 of such title is
amended by striking the item relating to section 408 and inserting the
following:
``408. State traffic safety information system improvements.''.
SEC. 2007. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) Maintenance of Effort.--Section 410(a)(2) of title 23, United
States Code, is amended--
(1) by striking ``under this section'' and inserting ``under
this subsection''; and
(2) by striking ``Transportation Equity Act for the 21st
Century'' and inserting ``SAFETEA-LU''.
(b) Revised Grant Authority.--Section 410 of such title is amended--
(1) in subsection (a)--
(A) by striking paragraph (3);
(B) by redesignating paragraph (4) as paragraph (3);
and
(C) in paragraph (3) (as so redesignated) by
striking the second comma following ``sixth'';
(2) by redesignating subsections (e) and (f) as subsections
(h) and (i), respectively;
(3) by striking subsections (b) through (d) and inserting
the following:
``(b) Eligibility Requirements.--To be eligible for a grant under
subsection (a), a State shall--
``(1) have an alcohol related fatality rate of 0.5 or less
per 100,000,000 vehicle miles traveled as of the date of the
grant, as determined by the Secretary using the most recent
Fatality Analysis Reporting System of the National Highway
Traffic Safety Administration; or
``(2)(A) for fiscal year 2006 by carrying out 3 of the
programs and activities under subsection (c);
``(B) for fiscal year 2007 by carrying out 4 of the programs
and activities under subsection (c); or
``(C) for fiscal years 2008 and 2009 by carrying out 5 of
the programs and activities under subsection (c).
``(c) State Programs and Activities.--The programs and activities
referred to in subsection (b) are the following:
``(1) Check point, saturation patrol program.--A State
program to conduct a series of high visibility, statewide law
enforcement campaigns in which law enforcement personnel
[[Page 119 STAT. 1530]]
monitor for impaired driving, either through the use of sobriety
check points or saturation patrols, on a nondiscriminatory,
lawful basis for the purpose of determining whether the
operators of the motor vehicles are driving while under the
influence of alcohol--
``(A) if the State organizes the campaigns in
cooperation with related periodic national campaigns
organized by the National Highway Traffic Safety
Administration, except that this subparagraph does not
preclude a State from initiating sustained high
visibility, Statewide law enforcement campaigns
independently of the cooperative efforts; and
``(B) if, for each fiscal year, the State
demonstrates to the Secretary that the State and the
political subdivisions of the State that receive funds
under this section have increased, in the aggregate, the
total number of impaired driving law enforcement
activities at high incident locations (or any other
similar activity approved by the Secretary) initiated in
such State during the preceding fiscal year by a factor
that the Secretary determines meaningful for the State
over the number of such activities initiated in such
State during the preceding fiscal year.
``(2) Prosecution and adjudication outreach program.--A
State prosecution and adjudication program under which--
``(A) the State works to reduce the use of diversion
programs by educating and informing prosecutors and
judges through various outreach methods about the
benefits and merits of prosecuting and adjudicating
defendants who repeatedly commit impaired driving
offenses;
``(B) the courts in a majority of the judicial
jurisdictions of the State are monitored on the courts'
adjudication of cases of impaired driving offenses; or
``(C) annual statewide outreach is provided for
judges and prosecutors on innovative approaches to the
prosecution and adjudication of cases of impaired
driving offenses that have the potential for
significantly improving the prosecution and adjudication
of such cases.
``(3) Testing of bac.--An effective system for increasing
from the previous year the rate of blood alcohol concentration
testing of motor vehicle drivers involved in fatal accidents.
``(4) High risk drivers.--A law that establishes stronger
sanctions or additional penalties for individuals convicted of
operating a motor vehicle while under the influence of alcohol
whose blood alcohol concentration is 0.15 percent or more than
for individuals convicted of the same offense but with a lower
blood alcohol concentration. For purposes of this paragraph,
`additional penalties' includes--
``(A) a 1-year suspension of a driver's license, but
with the individual whose license is suspended becoming
eligible after 45 days of such suspension to obtain a
provisional driver's license that would permit the
individual to drive--
``(i) only to and from the individual's place
of employment or school; and
``(ii) only in an automobile equipped with a
certified alcohol ignition interlock device; and
[[Page 119 STAT. 1531]]
``(B) a mandatory assessment by a certified
substance abuse official of whether the individual has
an alcohol abuse problem with possible referral to
counseling if the official determines that such a
referral is appropriate.
``(5) Programs for effective alcohol rehabilitation and dwi
courts.--A program for effective inpatient and outpatient
alcohol rehabilitation based on mandatory assessment and
appropriate treatment for repeat offenders or a program to refer
impaired driving cases to courts that specialize in driving
while impaired cases that emphasize the close supervision of
high-risk offenders.
``(6) Underage drinking program.--An effective strategy, as
determined by the Secretary, for preventing operators of motor
vehicles under age 21 from obtaining alcoholic beverages and for
preventing persons from making alcoholic beverages available to
individuals under age 21. Such a strategy may include--
``(A) the issuance of tamper-resistant drivers'
licenses to individuals under age 21 that are easily
distinguishable in appearance from drivers' licenses
issued to individuals age 21 or older; and
``(B) a program provided by a nonprofit organization
for training point of sale personnel concerning, at a
minimum--
``(i) the clinical effects of alcohol;
``(ii) methods of preventing second party
sales of alcohol;
``(iii) recognizing signs of intoxication;
``(iv) methods to prevent underage drinking;
and
``(v) Federal, State, and local laws that are
relevant to such personnel; and
``(C) having a law in effect that creates a 0.02
percent blood alcohol content limit for drivers under 21
years old.
``(7) Administrative license revocation.--An administrative
driver's license suspension or revocation system for individuals
who operate motor vehicles while under the influence of alcohol
that requires that--
``(A) in the case of an individual who, in any 5-
year period beginning after the date of enactment of the
Transportation Equity Act for the 21st Century, is
determined on the basis of a chemical test to have been
operating a motor vehicle while under the influence of
alcohol or is determined to have refused to submit to
such a test as proposed by a law enforcement officer,
the State agency responsible for administering drivers'
licenses, upon receipt of the report of the law
enforcement officer--
``(i) suspend the driver's license of such
individual for a period of not less than 90 days
if such individual is a first offender in such 5-
year period; except that under such suspension an
individual may operate a motor vehicle, after the
15-day period beginning on the date of the
suspension, to and from employment, school, or an
alcohol treatment program if an ignition interlock
device is installed on each of the motor vehicles
owned or operated, or both, by the individual; and
[[Page 119 STAT. 1532]]
``(ii) suspend the driver's license of such
individual for a period of not less than 1 year,
or revoke such license, if such individual is a
repeat offender in such 5-year period; except that
such individual to operate a motor vehicle, after
the 45-day period beginning on the date of the
suspension or revocation, to and from employment,
school, or an alcohol treatment program if an
ignition interlock device is installed on each of
the motor vehicles owned or operated, or both, by
the individual; and
``(B) the suspension and revocation referred to
under clause (i) take effect not later than 30 days
after the date on which the individual refused to submit
to a chemical test or received notice of having been
determined to be driving under the influence of alcohol,
in accordance with the procedures of the State.
``(8) Self sustaining impaired driving prevention program.--
A program under which a significant portion of the fines or
surcharges collected from individuals who are fined for
operating a motor vehicle while under the influence of alcohol
are returned to communities for comprehensive programs for the
prevention of impaired driving.
``(d) Uses of Grants.--Subject to subsection (g)(2), grants made
under this section may be used for all programs and activities described
in subsection (c), and to defray the following costs:
``(1) Labor costs, management costs, and equipment
procurement costs for the high visibility, Statewide law
enforcement campaigns under subsection (c)(1).
``(2) The costs of the training of law enforcement personnel
and the procurement of technology and equipment, including video
equipment and passive alcohol sensors, to counter directly
impaired operation of motor vehicles.
``(3) The costs of public awareness, advertising, and
educational campaigns that publicize use of sobriety check
points or increased law enforcement efforts to counter impaired
operation of motor vehicles.
``(4) The costs of public awareness, advertising, and
educational campaigns that target impaired operation of motor
vehicles by persons under 34 years of age.
``(5) The costs of the development and implementation of a
State impaired operator information system.
``(6) The costs of operating programs that result in vehicle
forfeiture or impoundment or license plate impoundment.
``(e) Additional Authorities for Certain Authorized Uses.--
``(1) Combination of grant proceeds.--Grant funds used for a
campaign under subsection (d)(3) may be combined, or expended in
coordination, with proceeds of grants under section 402.
``(2) Coordination of uses.--Grant funds used for a campaign
under paragraph (3) or (4) of subsection (d) may be expended--
``(A) in coordination with employers, schools,
entities in the hospitality industry, and nonprofit
traffic safety groups; and
``(B) in coordination with sporting events and
concerts and other entertainment events.
[[Page 119 STAT. 1533]]
``(f) Allocation.--Subject to subsection (g), funds made available
to carry out this section shall be allocated among States that meet the
eligibility criteria in subsection (b) on the basis of the apportionment
formula under section 402(c).
``(g) Grants to High Fatality Rate States.--
``(1) In general.--The Secretary shall make a separate grant
under this section to each State that--
``(A) is among the 10 States with the highest
impaired driving related fatalities as determined by the
Secretary using the most recent Fatality Analysis
Reporting System of the National Highway Traffic Safety
Administration; and
``(B) prepares a plan for grant expenditures under
this subsection that is approved by the Administrator of
the National Highway Traffic Safety Administration.
``(2) Required uses.--At least one-half of the amounts
allocated to States under this subsection may only be used for
the program described in subsection (c)(1).
``(3) Allocation.--Funds made available under this
subsection shall be allocated among States described in
paragraph (1) on the basis of the apportionment formula under
section 402(c), except that no State shall be allocated more
than 30 percent of the funds made available to carry out this
subsection for a fiscal year.
``(4) Funding.--Not more than 15 percent per fiscal year of
amounts made available to carry out this section for a fiscal
year shall be made available by the Secretary for making grants
under this subsection.''; and
(4) by adding at the end of subsection (i) (as redesignated
by paragraph (2)) the following:
``(4) Impaired operator.--The term `impaired operator' means
a person who, while operating a motor vehicle--
``(A) has a blood alcohol content of 0.08 percent or
higher; or
``(B) is under the influence of a controlled
substance.
``(5) <<NOTE: Regulations.>> Impaired driving related
fatality rate.--The term `impaired driving related fatality
rate' means the rate of alcohol related fatalities, as
calculated in accordance with regulations which the
Administrator of the National Highway Traffic Safety
Administration shall prescribe.''.
(c) <<NOTE: Deadline. 23 USC 410 note.>> NHTSA To Issue
Regulations.--Not later than 12 months after the date of enactment of
this Act, the National Highway Traffic Safety Administration shall issue
guidelines to the States specifying the types and formats of data that
States should collect relating to drivers who are arrested or convicted
for violation of laws prohibiting the impaired operation of motor
vehicles.
SEC. 2008. NHTSA ACCOUNTABILITY.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 412. Agency accountability
``(a) Triennial State Management Reviews.--At least once every 3
years the Secretary shall conduct a review of each State highway safety
program. The review shall include a management evaluation of all grant
programs funded under this chapter. The Secretary shall provide review-
based recommendations on how each
[[Page 119 STAT. 1534]]
State could improve the management and oversight of its grant activities
and may provide a management and oversight plan for such grant programs.
``(b) Recommendations Before Submission.--In order to provide
guidance to State highway safety agencies on matters that should be
addressed in the goals and initiatives of the State highway safety
program before the program is submitted for review, the Secretary shall
provide data-based recommendations to each State at least 90 days before
the date on which the program is to be submitted for approval.
``(c) State Program Review.--The Secretary shall--
``(1) conduct a program improvement review of a highway
safety program under this chapter of a State that does not make
substantial progress over a 3-year period in meeting its
priority program goals; and
``(2) provide technical assistance and safety program
requirements to be incorporated in the State highway safety
program for any goal not achieved.
``(d) <<NOTE: Reports.>> Regional Harmonization.--The Secretary and
the Inspector General of the Department of Transportation shall
undertake an administrative review of the practices and procedures of
the management reviews and program reviews of State highway safety
programs under this chapter conducted by the regional offices of the
National Highway Traffic Safety Administration and prepare a written
report of best practices and procedures for use by the regional offices
in conducting such reviews. <<NOTE: Deadline.>> The report shall be
completed within 180 days after the date of enactment of this section.
``(e) Best Practices Guidelines.--
``(1) Uniform guidelines.--The Secretary shall issue uniform
management review guidelines and program review guidelines based
on the report under subsection (d). Each regional office shall
use the guidelines in executing its State administrative review
duties under this section.
``(2) <<NOTE: Public information. Internet.>> Publication.--
The Secretary shall make publicly available on the Web site (or
successor electronic facility) of the Administration the
following documents upon their completion:
``(A) The Secretary's management review guidelines
and program review guidelines.
``(B) All State highway safety programs submitted
under this chapter.
``(C) State annual accomplishment reports.
``(D) The Administration's Summary Report of
findings from Management Reviews and Improvement Plans.
``(3) Reports to state highway safety agencies.--The
Secretary may not make publicly available a program, report, or
review under paragraph (2) that is directed to a State highway
safety agency until after the date on which the program, report,
or review is submitted to that agency under this chapter.
``(f) GAO Review.--
``(1) Analysis.--The Comptroller General shall analyze the
effectiveness of the Administration's oversight of traffic
safety grants under this chapter by determining the usefulness
of the Administration's advice to the States regarding
administration and State activities under this chapter, the
extent to
[[Page 119 STAT. 1535]]
which the States incorporate the Administration's
recommendations into their highway safety programs, and the
improvements that result in a State's highway safety program
that may be attributable to the Administration's
recommendations.
``(2) Report.--Not later than September 30, 2008, the
Comptroller General shall submit a report on the results of the
analysis to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.''.
(b) Clerical Amendment.--The analysis for chapter 4 of such title is
amended by adding at the end the following:
``412. Agency accountability.''.
SEC. 2009. <<NOTE: 23 USC 402 note.>> HIGH VISIBILITY ENFORCEMENT
PROGRAM.
(a) In General.--The Administrator of the National Highway Traffic
Safety Administration shall establish and administer a program under
which at least 2 high-visibility traffic safety law enforcement
campaigns will be carried out for the purposes specified in subsection
(b) in each of years 2006 through 2009.
(b) Purpose.--The purpose of each law enforcement campaign under
this section shall be to achieve either or both of the following
objectives:
(1) Reduce alcohol-impaired or drug-impaired operation of
motor vehicles.
(2) Increase use of seat belts by occupants of motor
vehicles.
(c) Advertising.--The Administrator may use, or authorize the use
of, funds available to carry out this section to pay for the
development, production, and use of broadcast and print media
advertising in carrying out traffic safety law enforcement campaigns
under this section. Consideration shall be given to advertising directed
at non-English speaking populations, including those who listen, read,
or watch nontraditional media.
(d) Coordination With States.--The Administrator shall coordinate
with the States in carrying out the traffic safety law enforcement
campaigns under this section, including advertising funded under
subsection (c), with a view to--
(1) relying on States to provide the law enforcement
resources for the campaigns out of funding available under this
section and sections 402, 405, 406, and 410 of title 23, United
States Code; and
(2) providing out of National Highway Traffic Safety
Administration resources most of the means necessary for
national advertising and education efforts associated with the
law enforcement campaigns.
(e) Use of Funds.--Funds made available to carry out this section
may only be used for activities described in subsections (a), (c), and
(f).
(f) Annual Evaluation.--The Secretary shall conduct an annual
evaluation of the effectiveness of campaigns referred to in subsection
(a).
(g) State Defined.--The term ``State'' has the meaning such term has
under section 401 of title 23, United States Code.
SEC. 2010. <<NOTE: Grants. 23 USC 402 note.>> MOTORCYCLIST SAFETY.
(a) Authority To Make Grants.--Subject to the requirements of this
section, the Secretary shall make grants to States that
[[Page 119 STAT. 1536]]
adopt and implement effective programs to reduce the number of single-
and multi-vehicle crashes involving motorcyclists.
(b) Maintenance of Effort.--No grant may be made to a State under
this section in a 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 the
other sources for motorcyclist safety training programs and motorcyclist
awareness programs at or above the average level of such expenditures in
its 2 fiscal years preceding the date of enactment of this Act.
(c) Allocation.--The amount of a grant made to a State for a fiscal
year under this section may not be less than $100,000 and may not exceed
25 percent of the amount apportioned to the State for fiscal year 2003
under section 402 of title 23, United States Code.
(d) Grant Eligibility.--
(1) In general.--A State becomes eligible for a grant under
this section by adopting or demonstrating to the satisfaction of
the Secretary--
(A) for the first fiscal year for which the State
will receive a grant under this section, at least 1 of
the 6 criteria listed in paragraph (2); and
(B) for the second, third, and fourth fiscal years
for which the State will receive a grant under this
section, at least 2 of the 6 criteria listed in
paragraph (2).
(2) Criteria.--The criteria for eligibility for a grant
under this section are the following:
(A) Motorcycle rider training courses.--An effective
motorcycle rider training course that is offered
throughout the State, provides a formal program of
instruction in accident avoidance and other safety-
oriented operational skills to motorcyclists and that
may include innovative training opportunities to meet
unique regional needs.
(B) Motorcyclists awareness program.--An effective
statewide program to enhance motorist awareness of the
presence of motorcyclists on or near roadways and safe
driving practices that avoid injuries to motorcyclists.
(C) Reduction of fatalities and crashes involving
motorcycles.--A reduction for the preceding calendar
year in the number of motorcycle fatalities and the rate
of motor vehicle crashes involving motorcycles in the
State (expressed as a function of 10,000 motorcycle
registrations).
(D) Impaired driving program.--Implementation of a
statewide program to reduce impaired driving, including
specific measures to reduce impaired motorcycle
operation.
(E) Reduction of fatalities and accidents involving
impaired motorcyclists.--A reduction for the preceding
calendar year in the number of fatalities and the rate
of reported crashes involving alcohol- or drug-impaired
motorcycle operators (expressed as a function of 10,000
motorcycle registrations).
(F) Fees collected from motorcyclists.--All fees
collected by the State from motorcyclists for the
purposes of funding motorcycle training and safety
programs will be used for motorcycle training and safety
programs.
(e) Eligible Uses.--
[[Page 119 STAT. 1537]]
(1) In general.--A State may use funds from a grant under
this section only for motorcyclist safety training and
motorcyclist awareness programs, including--
(A) improvements to motorcyclist safety training
curricula;
(B) improvements in program delivery of motorcycle
training to both urban and rural areas, including--
(i) procurement or repair of practice
motorcycles;
(ii) instructional materials;
(iii) mobile training units; and
(iv) leasing or purchasing facilities for
closed-course motorcycle skill training;
(C) measures designed to increase the recruitment or
retention of motorcyclist safety training instructors;
and
(D) public awareness, public service announcements,
and other outreach programs to enhance driver awareness
of motorcyclists, such as the ``share-the-road'' safety
messages developed under subsection (g).
(2) Suballocations of funds.--An agency of a State that
receives a grant under this section may suballocate funds from
the grant to a nonprofit organization incorporated in that State
to carry out under this section.
(f) Definitions.--In this section, the following definitions apply:
(1) Motorcyclist safety training.--The term ``motorcyclist
safety training'' means a formal program of instruction that is
approved for use in a State by the designated State authority
having jurisdiction over motorcyclist safety issues, which may
include the State motorcycle safety administrator or a
motorcycle advisory council appointed by the Governor of the
State.
(2) Motorcyclist awareness.--The term ``motorcyclist
awareness'' means individual or collective awareness of--
(A) the presence of motorcycles on or near roadways;
and
(B) safe driving practices that avoid injury to
motorcyclists.
(3) Motorcyclist awareness program.--The term ``motorcyclist
awareness program'' means an informational or public awareness
program designed to enhance motorcyclist awareness that is
developed by or in coordination with the designated State
authority having jurisdiction over motorcyclist safety issues,
which may include the State motorcycle safety administrator or a
motorcycle advisory council appointed by the Governor of the
State.
(4) State.--The term ``State'' has the same meaning such
term has in section 101(a) of title 23, United States Code.
(g) <<NOTE: Deadline.>> Share-the-Road Model Language.--Not later
than 1 year after the date of enactment of this Act, the Secretary, in
consultation with the Administrator of the National Highway Traffic
Safety Administration, shall develop and provide to the States model
language for use in traffic safety education courses, driver's manuals,
and other driver's training materials instructing the drivers of motor
vehicles on the importance of sharing the roads safely with
motorcyclists.
[[Page 119 STAT. 1538]]
SEC. 2011. <<NOTE: 23 USC 405 note.>> CHILD SAFETY AND CHILD BOOSTER
SEAT INCENTIVE GRANTS.
(a) General Authority.--Subject to the requirements of this section,
the Secretary shall make grants to States that are enforcing a law
requiring that any child riding in a passenger motor vehicle in the
State who is too large to be secured in a child safety seat be secured
in a child restraint that meets the requirements prescribed by the
Secretary under section 3 of Anton's Law (49 U.S.C. 30127 note; 116
Stat. 2772).
(b) Maintenance of Effort.--No grant may be made to a State under
this section in a 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 child safety seat and child restraint programs at or above
the average level of such expenditures in its 2 fiscal years preceding
the date of enactment of this Act.
(c) Federal Share.--The Federal share of the costs of activities
funded using amounts from grants under this section shall not exceed--
(1) for the first 3 fiscal years for which a State receives
a grant under this section, 75 percent; and
(2) for the fourth fiscal year for which a State receives a
grant under this section, 50 percent.
(d) Use of Grant Amounts.--
(1) Allocations.--Of the amounts received by a State in
grants under this section for a fiscal year not more than 50
percent shall be used to fund programs for purchasing and
distributing child safety seats and child restraints to low-
income families.
(2) Remaining amounts.--Amounts received by a State in
grants under this section, other than amounts subject to
paragraph (1), shall be used to carry out child safety seat and
child restraint programs, including the following:
(A) A program to support enforcement of child
restraint laws.
(B) A program to train child passenger safety
professionals, police officers, fire and emergency
medical personnel, educators, and parents concerning all
aspects of the use of child safety seats and child
restraints.
(C) A program to educate the public concerning the
proper use and installation of child safety seats and
child restraints.
(e) Grant Amount.--The amount of a grant to a State for a fiscal
year under this section may not exceed 25 percent of the amount
apportioned to the State for fiscal year 2003 under section 402 of title
23, United States Code.
(f) Applicability of Chapter 1.--The provisions contained in section
402(d) of such title shall apply to this section.
(g) Report.--A State that receives a grant under this section shall
transmit to the Secretary a report documenting the manner in which the
grant amounts were obligated and expended and identifying the specific
programs carried out using the grant funds. The report shall be in a
form prescribed by the Secretary and may be combined with other State
grant reporting requirements under of chapter 4 of title 23, United
States Code.
(h) Definitions.--In this section, the following definitions apply:
[[Page 119 STAT. 1539]]
(1) Child restraint.--The term ``child restraint'' means any
product designed to provide restraint to a child (including
booster seats and other products used with a lap and shoulder
belt assembly) that meets applicable Federal motor vehicle
safety standards prescribed by the National Highway Traffic
Safety Administration.
(2) Child safety seat.--The term ``child safety seat'' has
the meaning such term has in section 405(f) of title 23, United
States Code.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning such term has in section 405(f) of
such title.
(4) State.--The term ``State'' has the meaning such term has
in section 101(a) of such title.
SEC. 2012. SAFETY DATA.
(a) In General.--Using funds made available to carry out section 403
of title 23, United States Code, for fiscal years 2005 through 2009, the
Secretary shall collect data and compile statistics on accidents
involving motor vehicles being backed up that result in fatalities and
injuries and that occur on public and nonpublic roads and residential
and commercial driveways and parking facilities.
(b) Report.--Not later than January 1, 2009, 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 accidents described in
subsection (a), including the data collected and statistics compiled
under subsection (a) and any recommendations regarding measures to be
taken to reduce the number of such accidents and the resulting
fatalities and injuries.
SEC. 2013. <<NOTE: 23 USC 403 note.>> DRUG-IMPAIRED DRIVING ENFORCEMENT.
(a) Illicit Drug.--In this section, the term ``illicit drug''
includes substances listed in schedules I through V of section 112(e) of
the Controlled Substances Act (21 U.S.C. 812) not obtained by a legal
and valid prescription.
(b) Duties.--The Secretary shall--
(1) advise and coordinate with other Federal agencies on how
to address the problem of driving under the influence of an
illegal drug; and
(2) conduct research on the prevention, detection, and
prosecution of driving under the influence of an illegal drug.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in cooperation with the
National Institutes of Health, shall submit to Congress a report
on the problem of drug-impaired driving.
(2) Contents.--The report shall include, at a minimum, the
following:
(A) An assessment of methodologies and technologies
for measuring driver impairment resulting from use of
the most common illicit drugs (including the use of such
drugs in combination with alcohol).
(B) Effective and efficient methods for training law
enforcement personnel, including drug recognition
experts, to detect or measure the level of impairment of
a driver
[[Page 119 STAT. 1540]]
who is under the influence of an illicit drug by the use
of technology or otherwise.
(C) A description of the role of drugs as causal
factor in traffic crashes and the extent of the problem
of drug-impaired driving.
(D) A description and assessment of current State
and Federal laws relating to drug-impaired driving.
(E) Recommendations for addressing the problem of
drug-impaired driving, including recommendations on
levels of impairment.
(F) Recommendations for developing a model statute
relating to drug-impaired driving.
(d) Model Statute.--
(1) In general.--The Secretary shall develop a model statute
for States relating to drug-impaired driving.
(2) Contents.--Based on recommendations and findings
contained in the report submitted under subsection (c), the
model statute may include--
(A) threshold levels of impairment for illicit
drugs;
(B) practicable methods for detecting the presence
of illicit drugs; and
(C) penalties for drug impaired driving.
(3) Date.--The model statute shall be provided to States not
later than 1 year after date of submission of the report under
subsection (c).
(e) <<NOTE: Drugs and drug abuse.>> Research and Development.--
Section 403(b) of title 23, United States Code, is amended by adding at
the end the following:
``(5) Technology to detect drug use and enable States to
efficiently process toxicology evidence.
``(6) Research on the effects of illicit drugs and the
compound effects of alcohol and illicit drugs on impairment.''.
(f) Funding.--Out of amounts made available to carry out section 403
of title 23, United States Code, for each of fiscal years 2006 through
2009, the Secretary shall make available $1,200,000 for such fiscal year
to carry out this section.
SEC. 2014. <<NOTE: 23 USC 402 note.>> FIRST RESPONDER VEHICLE SAFETY
PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in consultation with the
Administrator of the National Highway Traffic Safety Administration,
should--
(1) develop and implement a comprehensive program to promote
compliance with State and local laws intended to increase the
safe and efficient operation of first responder vehicles;
(2) compile a list of best practices by State and local
governments to promote compliance with the laws described in
paragraph (1);
(3) analyze State and local laws intended to increase the
safe and efficient operation of first responder vehicles; and
(4) develop model legislation to increase the safe and
efficient operation of first responder vehicles.
(b) Partnerships.--The Secretary may enter into partnerships with
qualified organizations to carry out this section.
(c) Public Outreach.--The Secretary shall use a variety of public
outreach strategies to carry out this section, including public
[[Page 119 STAT. 1541]]
service announcements, publication of informational materials, and
posting information on the Internet.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry out
this section for fiscal year 2006.
SEC. 2015. DRIVER PERFORMANCE STUDY.
(a) In General.--Using funds made available to carry out section 403
of title 23, United States Code, for fiscal year 2005, the Secretary
shall make $1,000,000 available to conduct a study on the risks
associated with glare to oncoming drivers, including increased risks to
drivers on 2-lane highways, increased risks to drivers over the age of
50, and the overall effects of glare on driver performance.
(b) Report.--Not later than 18 months 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 and any recommendations regarding
measures to reduce the risks associated with glare to oncoming drivers.
SEC. 2016. RURAL STATE EMERGENCY MEDICAL SERVICES OPTIMIZATION PILOT
PROGRAM.
(a) In General.--From funds made available to carry out section 403
of title 23, United States Code, for fiscal year 2006, the Secretary
shall make $1,000,000 available to conduct a pilot program for
optimizing emergency medical services in a rural State.
(b) Collecting Data.--The pilot program shall focus on collecting
geo-coded data for highway accidents and resulting injuries, analyzing
data to develop injury patterns and distributions, and improving
placement and management of emergency medical services resources and
personnel.
(c) <<NOTE: Contracts. Alaska.>> Selection.--The Secretary shall
enter into an agreement with the State of Alaska to conduct the pilot
program.
(d) Report.--Not later than 12 months after the completion of the
pilot program, 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 pilot program and recommendations for
application to other rural States.
SEC. 2017. OLDER DRIVER SAFETY; LAW ENFORCEMENT TRAINING.
(a) Improving Older Driver Safety.--
(1) In general.--Of the funds made available to carry out
section 403 of title 23, United States Code, the Secretary shall
allocate $1,700,000 for each of fiscal years 2006 through 2009
to conduct a comprehensive research and demonstration program to
improve traffic safety pertaining to older drivers.
(2) Elements of program.--The program shall--
(A) provide information and guidelines to assist
older drivers, physicians, and other related medical
personnel, families, licensing agencies, enforcement
officers, and various public and transit agencies in
enhancing the safety of older drivers;
(B) improve the scientific basis of medical
standards and screenings strategies used in the
licensing of all drivers in a non-discriminatory manner;
[[Page 119 STAT. 1542]]
(C) conduct field tests to assess the safety
benefits and mobility impacts of different driver
licensing strategies and driver assessment and
rehabilitation methods;
(D) assess the value and improve the safety
potential of driver retraining courses of particular
benefit to older drivers; and
(E) conduct other activities to accomplish the
objectives of this section.
(3) Formulation of plan.--After consultation with affected
parties, the Secretary shall formulate an older driver traffic
safety plan to guide the design and implementation of the
program.
(4) <<NOTE: Deadline.>> Submision of plan to congress.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall submit the plan to the Committee on
Transportation and Infrastructure House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate.
(b) <<NOTE: 23 USC 402 note.>> Law Enforcement Training.--
(1) Requirement for program.--The Secretary shall carry out
a program to provide guidance and support to law enforcement
agencies in police chase techniques that are consistent with the
police chase guidelines issued by the International Association
of Chiefs of Police.
(2) Amount for program.--Of the funds made available to
carry out section 403 of title 23, United States Code, the
Secretary shall allocate $500,000 in each of fiscal years 2006
through 2009 to carry out this subsection.
SEC. 2018. SAFE INTERSECTIONS.
(a) In General.--Chapter 2 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 39. Traffic signal preemption transmitters
``(a) Offenses.--
``(1) Sale.--Whoever, in or affecting interstate or foreign
commerce, knowingly sells a traffic signal preemption
transmitter to a nonqualifying user shall be fined under this
title, or imprisoned not more than 1 year, or both.
``(2) Use.--Whoever, in or affecting interstate or foreign
commerce, being a nonqualifying user makes unauthorized use of a
traffic signal preemption transmitter shall be fined under this
title, or imprisoned not more than 6 months, or both.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Traffic signal preemption transmitter.--The term
`traffic signal preemption transmitter' means any mechanism that
can change or alter a traffic signal's phase time or sequence.
``(2) Nonqualifying user.--The term `nonqualifying user'
means a person who uses a traffic signal preemption transmitter
and is not acting on behalf of a public agency or private
corporation authorized by law to provide fire protection, law
enforcement, emergency medical services, transit services,
maintenance, or other services for a Federal, State, or local
government entity, but does not include a person using a traffic
signal preemption transmitter for classroom or instructional
purposes.''.
[[Page 119 STAT. 1543]]
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``39. Traffic signal preemption transmitters.''.
SEC. 2019. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE TECHNICAL
CORRECTION.
Section 404(d) of title 23, United States Code, is amended by
striking ``Commerce'' and inserting ``Transportation''.
SEC. 2020. PRESIDENTIAL COMMISSION ON ALCOHOL-IMPAIRED DRIVING.
(a) Findings.--Congress finds that--
(1) there has been considerable progress over the past 25
years in reducing the number and rate of alcohol-related highway
facilities;
(2) the National Highway Traffic Safety Administration
projects that fatalities in alcohol-related crashes declined in
2003 for the 2nd year in a row;
(3) in spite of this progress, an estimated 17,013 Americans
died in 2003, in alcohol-related crashes;
(4) these fatalities comprise 40 percent of the annual total
highway fatalities;
(5) about 250,000 are injured each year in alcohol-related
crashes;
(6) the past 2 years of decreasing alcohol-related
fatalities follows a 3-year increase;
(7) alcohol-impaired driving is the Nation's most frequently
committed violent crime;
(8) the annual cost of alcohol-related crashes is over
$100,000,000,000, including $9,000,000,000 in costs to
employers;
(9) a Presidential Commission on Alcohol Impaired Driving in
1982 and 1983 helped to lead to substantial progress on this
issue; and
(10) these facts point to the need to renew the national
commitment to preventing these deaths and injuries.
(b) Sense of the Congress.--It is the sense of Congress that, in an
effort to further change the culture of alcohol-impaired driving on our
Nation's highways, the President should consider establishing a
Presidential Commission on Alcohol-Impaired Driving--
(1) comprised of representatives of--
(A) State and local governments, including State
legislators;
(B) law enforcement;
(C) traffic safety experts, including researchers;
(D) victims of alcohol-related crashes;
(E) affected industries, including the alcohol,
insurance, motorcycle, and auto industries;
(F) the business community;
(G) labor;
(H) the medical community;
(I) public health; and
(J) Members of Congress; and
(2) that not later than September 30, 2006, would--
(A) conduct a full examination of alcohol-impaired
driving issues; and
[[Page 119 STAT. 1544]]
(B) make recommendations for a broad range of policy
and program changes that would serve to further reduce
the level of deaths and injuries caused by 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.
(a) Findings.--Congress finds that--
(1) in 2003--
(A) 17,013 Americans died in alcohol-related traffic
crashes;
(B) 40 percent of the persons killed in traffic
crashes died in alcohol-related crashes; and
(C) drivers with blood alcohol concentration levels
over 0.15 were involved in 58 percent of alcohol-related
traffic fatalities;
(2) research shows that 77 percent of Americans think they
have received enough information about alcohol-impaired driving
and the way in which alcohol affects individual blood alcohol
levels; and
(3) only 28 percent of the American public can correctly
identify the legal limit of blood alcohol concentration of the
State in which they reside.
(b) Sense of Congress.--It is the sense of Congress that the
National Highway Traffic Safety Administration should work with State
and local governments and independent organizations to increase public
awareness of--
(1) State legal limits on blood alcohol concentration
levels; and
(2) the dangers of alcohol-impaired driving.
SEC. 2022. <<NOTE: 23 USC 402 note.>> EFFECTIVE DATE.
Sections 2002 through 2007 of this title (and the amendments and
repeals made by such sections) shall take effect October 1, 2005.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Commercial Motor Vehicle Safety
SEC. 4127. OUTREACH AND EDUCATION.
(a) In General.--The Secretary shall conduct, through any
combination of grants, contracts, or cooperative agreements, an outreach
and education program to be administered by the Federal Motor Carrier
Safety Administration and the National Highway Traffic Safety
Administration.
(b) Program Elements.--The program shall include, at a minimum, the
following:
(1) A program to promote a more comprehensive and national
effort to educate commercial motor vehicle drivers and passenger
vehicle drivers about how commercial motor vehicle drivers and
passenger vehicle drivers can more safely share the road with
each other.
(2) A program to promote enhanced traffic enforcement
efforts aimed at reducing the incidence of the most common
unsafe driving behaviors that cause or contribute to crashes
involving commercial motor vehicles and passenger vehicles.
(3) A program to establish a public-private partnership to
provide resources and expertise for the development and
dissemination of information relating to sharing the road
referred to in paragraphs (1) and (2) to each partner's
constituents and to the general public through the use of
brochures, videos, paid and public advertisements, the Internet,
and other media.
(c) Federal Share.--The Federal share of a program or activity for
which a grant is made under this section shall be 100 percent of the
cost of such program or activity.
(d) Annual Report.--The Secretary shall prepare and transmit to
Congress an annual report on the programs and activities carried out
under this section. The final annual report shall be submitted not later
than September 30, 2009.
(e) Funding.--From amounts made available under section 31104(i) of
title 49, United States Code, the Secretary shall make available
$1,000,000 to the Federal Motor Carrier Safety Administration, and
$3,000,000 to the National Highway Traffic Safety Administration, for
each of fiscal years 2006, 2007, 2008, and 2009 to carry out this
section (other than subsection (f)).
[[Page 119 STAT. 1742]]
(f) <<NOTE: Reports. Deadline.>> Study.--The Comptroller General
shall update the Government Accountability Office's evaluation of the
``Share the Road Safely'' program to determine if it has achieved
reductions in the number and severity of commercial motor vehicle
crashes, including reductions in the number of deaths and the severity
of injuries sustained in these crashes and shall report its updated
evaluation to Congress no later than June 30, 2006.
TITLE X--MISCELLANEOUS PROVISIONS
Subtitle B--Other Miscellaneous Provisions
SEC. 10202. <<NOTE: 42 USC 300d-4.>> EMERGENCY MEDICAL SERVICES.
(a) Federal Interagency Committee on Emergency Medical Services.--
(1) Establishment.--The Secretary of Transportation, the
Secretary of Health and Human Services, and the Secretary of
Homeland Security, acting through the Under Secretary for
Emergency Preparedness and Response, shall establish a Federal
Interagency Committee on Emergency Medical Services.
(2) Membership.--The Interagency Committee shall consist of
the following officials, or their designees:
(A) The Administrator, National Highway Traffic
Safety Administration.
(B) The Director, Preparedness Division, Directorate
of Emergency Preparedness and Response of the Department
of Homeland Security.
(C) The Administrator, Health Resources and Services
Administration, Department of Health and Human Services.
(D) The Director, Centers for Disease Control and
Prevention, Department of Health and Human Services.
(E) The Administrator, United States Fire
Administration, Directorate of Emergency Preparedness
and Response of the Department of Homeland Security.
(F) The Administrator, Centers for Medicare and
Medicaid Services, Department of Health and Human
Services.
(G) The Under Secretary of Defense for Personnel and
Readiness.
(H) The Director, Indian Health Service, Department
of Health and Human Services.
(I) The Chief, Wireless Telecommunications Bureau,
Federal Communications Commission.
(J) A representative of any other Federal agency
appointed by the Secretary of Transportation or the
Secretary of Homeland Security through the Under
Secretary
[[Page 119 STAT. 1933]]
for Emergency Preparedness and Response, in consultation
with the Secretary of Health and Human Services, as
having a significant role in relation to the purposes of
the Interagency Committee.
(K) A State emergency medical services director
appointed by the Secretary.
(3) Purposes.--The purposes of the Interagency Committee are
as follows:
(A) To ensure coordination among the Federal
agencies involved with State, local, tribal, or regional
emergency medical services and 9-1-1 systems.
(B) To identify State, local, tribal, or regional
emergency medical services and 9-1-1 needs.
(C) To recommend new or expanded programs, including
grant programs, for improving State, local, tribal, or
regional emergency medical services and implementing
improved emergency medical services communications
technologies, including wireless 9-1-1.
(D) To identify ways to streamline the process
through which Federal agencies support State, local,
tribal or regional emergency medical services.
(E) To assist State, local, tribal or regional
emergency medical services in setting priorities based
on identified needs.
(F) To advise, consult, and make recommendations on
matters relating to the implementation of the
coordinated State emergency medical services programs.
(4) Administration.--The Administrator of the National
Highway Traffic Safety Administration, in cooperation with the
Administrator of the Health Resources and Services
Administration of the Department of Health and Human Services
and the Director of the Preparedness Division, Directorate of
Emergency Preparedness and Response of the Department of
Homeland Security, shall provide administrative support to the
Interagency Committee, including scheduling meetings, setting
agendas, keeping minutes and records, and producing reports.
(5) Leadership.--The members of the Interagency Committee
shall select a chairperson of the Committee each year.
(6) Meetings.--The Interagency Committee shall meet as
frequently as is determined necessary by the chairperson of the
Committee.
(7) Annual reports.--The Interagency Committee shall prepare
an annual report to Congress regarding the Committee's
activities, actions, and recommendations.
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.
``(e) Additional Requirements and Limitations.--
``(1) Model data elements.--The Secretary, in consultation
with States and other appropriate parties, shall determine the
model data elements that are useful for the observation and
analysis of State and national trends in occurrences, rates,
outcomes, and circumstances of motor vehicle traffic accidents.
In order to be eligible for a grant under this section, a State
shall submit to the Secretary a certification that the State has
adopted and uses such model data elements, or a certification
that the State will use grant funds provided under this section
toward adopting and using the maximum number of such model data
elements as soon as practicable.
``(2) Data on use of electronic devices.--The model data
elements required under paragraph (1) shall include data
elements, as determined appropriate by the Secretary, in
consultation with the States and appropriate elements of the law
enforcement community, on the impact on traffic safety of the
use of electronic devices while driving.
``(3) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the
[[Page 119 STAT. 1529]]
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 highway safety
data programs at or above the average level of such expenditures
maintained by such State in the 2 fiscal years preceding the
date of enactment of the SAFETEA-LU.
``(4) Federal share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State program
described in subsection (a) may not exceed 80 percent.
``(5) Limitation on use of grant proceeds.--A State may use
the proceeds of a grant received under this section only to
implement the program described in subsection (a) for which the
grant is made.
``(f) Applicability of Chapter 1.--Section 402(d) of this title
shall apply in the administration of this section.''.
(b) Clerical Amendment.--The analysis for chapter 4 of such title is
amended by striking the item relating to section 408 and inserting the
following:
``408. State traffic safety information system improvements.''.
SEC. 2007. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) Maintenance of Effort.--Section 410(a)(2) of title 23, United
States Code, is amended--
(1) by striking ``under this section'' and inserting ``under
this subsection''; and
(2) by striking ``Transportation Equity Act for the 21st
Century'' and inserting ``SAFETEA-LU''.
(b) Revised Grant Authority.--Section 410 of such title is amended--
(1) in subsection (a)--
(A) by striking paragraph (3);
(B) by redesignating paragraph (4) as paragraph (3);
and
(C) in paragraph (3) (as so redesignated) by
striking the second comma following ``sixth'';
(2) by redesignating subsections (e) and (f) as subsections
(h) and (i), respectively;
(3) by striking subsections (b) through (d) and inserting
the following:
``(b) Eligibility Requirements.--To be eligible for a grant under
subsection (a), a State shall--
``(1) have an alcohol related fatality rate of 0.5 or less
per 100,000,000 vehicle miles traveled as of the date of the
grant, as determined by the Secretary using the most recent
Fatality Analysis Reporting System of the National Highway
Traffic Safety Administration; or
``(2)(A) for fiscal year 2006 by carrying out 3 of the
programs and activities under subsection (c);
``(B) for fiscal year 2007 by carrying out 4 of the programs
and activities under subsection (c); or
``(C) for fiscal years 2008 and 2009 by carrying out 5 of
the programs and activities under subsection (c).
``(c) State Programs and Activities.--The programs and activities
referred to in subsection (b) are the following:
``(1) Check point, saturation patrol program.--A State
program to conduct a series of high visibility, statewide law
enforcement campaigns in which law enforcement personnel
[[Page 119 STAT. 1530]]
monitor for impaired driving, either through the use of sobriety
check points or saturation patrols, on a nondiscriminatory,
lawful basis for the purpose of determining whether the
operators of the motor vehicles are driving while under the
influence of alcohol--
``(A) if the State organizes the campaigns in
cooperation with related periodic national campaigns
organized by the National Highway Traffic Safety
Administration, except that this subparagraph does not
preclude a State from initiating sustained high
visibility, Statewide law enforcement campaigns
independently of the cooperative efforts; and
``(B) if, for each fiscal year, the State
demonstrates to the Secretary that the State and the
political subdivisions of the State that receive funds
under this section have increased, in the aggregate, the
total number of impaired driving law enforcement
activities at high incident locations (or any other
similar activity approved by the Secretary) initiated in
such State during the preceding fiscal year by a factor
that the Secretary determines meaningful for the State
over the number of such activities initiated in such
State during the preceding fiscal year.
``(2) Prosecution and adjudication outreach program.--A
State prosecution and adjudication program under which--
``(A) the State works to reduce the use of diversion
programs by educating and informing prosecutors and
judges through various outreach methods about the
benefits and merits of prosecuting and adjudicating
defendants who repeatedly commit impaired driving
offenses;
``(B) the courts in a majority of the judicial
jurisdictions of the State are monitored on the courts'
adjudication of cases of impaired driving offenses; or
``(C) annual statewide outreach is provided for
judges and prosecutors on innovative approaches to the
prosecution and adjudication of cases of impaired
driving offenses that have the potential for
significantly improving the prosecution and adjudication
of such cases.
``(3) Testing of bac.--An effective system for increasing
from the previous year the rate of blood alcohol concentration
testing of motor vehicle drivers involved in fatal accidents.
``(4) High risk drivers.--A law that establishes stronger
sanctions or additional penalties for individuals convicted of
operating a motor vehicle while under the influence of alcohol
whose blood alcohol concentration is 0.15 percent or more than
for individuals convicted of the same offense but with a lower
blood alcohol concentration. For purposes of this paragraph,
`additional penalties' includes--
``(A) a 1-year suspension of a driver's license, but
with the individual whose license is suspended becoming
eligible after 45 days of such suspension to obtain a
provisional driver's license that would permit the
individual to drive--
``(i) only to and from the individual's place
of employment or school; and
``(ii) only in an automobile equipped with a
certified alcohol ignition interlock device; and
[[Page 119 STAT. 1531]]
``(B) a mandatory assessment by a certified
substance abuse official of whether the individual has
an alcohol abuse problem with possible referral to
counseling if the official determines that such a
referral is appropriate.
``(5) Programs for effective alcohol rehabilitation and dwi
courts.--A program for effective inpatient and outpatient
alcohol rehabilitation based on mandatory assessment and
appropriate treatment for repeat offenders or a program to refer
impaired driving cases to courts that specialize in driving
while impaired cases that emphasize the close supervision of
high-risk offenders.
``(6) Underage drinking program.--An effective strategy, as
determined by the Secretary, for preventing operators of motor
vehicles under age 21 from obtaining alcoholic beverages and for
preventing persons from making alcoholic beverages available to
individuals under age 21. Such a strategy may include--
``(A) the issuance of tamper-resistant drivers'
licenses to individuals under age 21 that are easily
distinguishable in appearance from drivers' licenses
issued to individuals age 21 or older; and
``(B) a program provided by a nonprofit organization
for training point of sale personnel concerning, at a
minimum--
``(i) the clinical effects of alcohol;
``(ii) methods of preventing second party
sales of alcohol;
``(iii) recognizing signs of intoxication;
``(iv) methods to prevent underage drinking;
and
``(v) Federal, State, and local laws that are
relevant to such personnel; and
``(C) having a law in effect that creates a 0.02
percent blood alcohol content limit for drivers under 21
years old.
``(7) Administrative license revocation.--An administrative
driver's license suspension or revocation system for individuals
who operate motor vehicles while under the influence of alcohol
that requires that--
``(A) in the case of an individual who, in any 5-
year period beginning after the date of enactment of the
Transportation Equity Act for the 21st Century, is
determined on the basis of a chemical test to have been
operating a motor vehicle while under the influence of
alcohol or is determined to have refused to submit to
such a test as proposed by a law enforcement officer,
the State agency responsible for administering drivers'
licenses, upon receipt of the report of the law
enforcement officer--
``(i) suspend the driver's license of such
individual for a period of not less than 90 days
if such individual is a first offender in such 5-
year period; except that under such suspension an
individual may operate a motor vehicle, after the
15-day period beginning on the date of the
suspension, to and from employment, school, or an
alcohol treatment program if an ignition interlock
device is installed on each of the motor vehicles
owned or operated, or both, by the individual; and
[[Page 119 STAT. 1532]]
``(ii) suspend the driver's license of such
individual for a period of not less than 1 year,
or revoke such license, if such individual is a
repeat offender in such 5-year period; except that
such individual to operate a motor vehicle, after
the 45-day period beginning on the date of the
suspension or revocation, to and from employment,
school, or an alcohol treatment program if an
ignition interlock device is installed on each of
the motor vehicles owned or operated, or both, by
the individual; and
``(B) the suspension and revocation referred to
under clause (i) take effect not later than 30 days
after the date on which the individual refused to submit
to a chemical test or received notice of having been
determined to be driving under the influence of alcohol,
in accordance with the procedures of the State.
``(8) Self sustaining impaired driving prevention program.--
A program under which a significant portion of the fines or
surcharges collected from individuals who are fined for
operating a motor vehicle while under the influence of alcohol
are returned to communities for comprehensive programs for the
prevention of impaired driving.
``(d) Uses of Grants.--Subject to subsection (g)(2), grants made
under this section may be used for all programs and activities described
in subsection (c), and to defray the following costs:
``(1) Labor costs, management costs, and equipment
procurement costs for the high visibility, Statewide law
enforcement campaigns under subsection (c)(1).
``(2) The costs of the training of law enforcement personnel
and the procurement of technology and equipment, including video
equipment and passive alcohol sensors, to counter directly
impaired operation of motor vehicles.
``(3) The costs of public awareness, advertising, and
educational campaigns that publicize use of sobriety check
points or increased law enforcement efforts to counter impaired
operation of motor vehicles.
``(4) The costs of public awareness, advertising, and
educational campaigns that target impaired operation of motor
vehicles by persons under 34 years of age.
``(5) The costs of the development and implementation of a
State impaired operator information system.
``(6) The costs of operating programs that result in vehicle
forfeiture or impoundment or license plate impoundment.
``(e) Additional Authorities for Certain Authorized Uses.--
``(1) Combination of grant proceeds.--Grant funds used for a
campaign under subsection (d)(3) may be combined, or expended in
coordination, with proceeds of grants under section 402.
``(2) Coordination of uses.--Grant funds used for a campaign
under paragraph (3) or (4) of subsection (d) may be expended--
``(A) in coordination with employers, schools,
entities in the hospitality industry, and nonprofit
traffic safety groups; and
``(B) in coordination with sporting events and
concerts and other entertainment events.
[[Page 119 STAT. 1533]]
``(f) Allocation.--Subject to subsection (g), funds made available
to carry out this section shall be allocated among States that meet the
eligibility criteria in subsection (b) on the basis of the apportionment
formula under section 402(c).
``(g) Grants to High Fatality Rate States.--
``(1) In general.--The Secretary shall make a separate grant
under this section to each State that--
``(A) is among the 10 States with the highest
impaired driving related fatalities as determined by the
Secretary using the most recent Fatality Analysis
Reporting System of the National Highway Traffic Safety
Administration; and
``(B) prepares a plan for grant expenditures under
this subsection that is approved by the Administrator of
the National Highway Traffic Safety Administration.
``(2) Required uses.--At least one-half of the amounts
allocated to States under this subsection may only be used for
the program described in subsection (c)(1).
``(3) Allocation.--Funds made available under this
subsection shall be allocated among States described in
paragraph (1) on the basis of the apportionment formula under
section 402(c), except that no State shall be allocated more
than 30 percent of the funds made available to carry out this
subsection for a fiscal year.
``(4) Funding.--Not more than 15 percent per fiscal year of
amounts made available to carry out this section for a fiscal
year shall be made available by the Secretary for making grants
under this subsection.''; and
(4) by adding at the end of subsection (i) (as redesignated
by paragraph (2)) the following:
``(4) Impaired operator.--The term `impaired operator' means
a person who, while operating a motor vehicle--
``(A) has a blood alcohol content of 0.08 percent or
higher; or
``(B) is under the influence of a controlled
substance.
``(5) <<NOTE: Regulations.>> Impaired driving related
fatality rate.--The term `impaired driving related fatality
rate' means the rate of alcohol related fatalities, as
calculated in accordance with regulations which the
Administrator of the National Highway Traffic Safety
Administration shall prescribe.''.
(c) <<NOTE: Deadline. 23 USC 410 note.>> NHTSA To Issue
Regulations.--Not later than 12 months after the date of enactment of
this Act, the National Highway Traffic Safety Administration shall issue
guidelines to the States specifying the types and formats of data that
States should collect relating to drivers who are arrested or convicted
for violation of laws prohibiting the impaired operation of motor
vehicles.
SEC. 2008. NHTSA ACCOUNTABILITY.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 412. Agency accountability
``(a) Triennial State Management Reviews.--At least once every 3
years the Secretary shall conduct a review of each State highway safety
program. The review shall include a management evaluation of all grant
programs funded under this chapter. The Secretary shall provide review-
based recommendations on how each
[[Page 119 STAT. 1534]]
State could improve the management and oversight of its grant activities
and may provide a management and oversight plan for such grant programs.
``(b) Recommendations Before Submission.--In order to provide
guidance to State highway safety agencies on matters that should be
addressed in the goals and initiatives of the State highway safety
program before the program is submitted for review, the Secretary shall
provide data-based recommendations to each State at least 90 days before
the date on which the program is to be submitted for approval.
``(c) State Program Review.--The Secretary shall--
``(1) conduct a program improvement review of a highway
safety program under this chapter of a State that does not make
substantial progress over a 3-year period in meeting its
priority program goals; and
``(2) provide technical assistance and safety program
requirements to be incorporated in the State highway safety
program for any goal not achieved.
``(d) <<NOTE: Reports.>> Regional Harmonization.--The Secretary and
the Inspector General of the Department of Transportation shall
undertake an administrative review of the practices and procedures of
the management reviews and program reviews of State highway safety
programs under this chapter conducted by the regional offices of the
National Highway Traffic Safety Administration and prepare a written
report of best practices and procedures for use by the regional offices
in conducting such reviews. <<NOTE: Deadline.>> The report shall be
completed within 180 days after the date of enactment of this section.
``(e) Best Practices Guidelines.--
``(1) Uniform guidelines.--The Secretary shall issue uniform
management review guidelines and program review guidelines based
on the report under subsection (d). Each regional office shall
use the guidelines in executing its State administrative review
duties under this section.
``(2) <<NOTE: Public information. Internet.>> Publication.--
The Secretary shall make publicly available on the Web site (or
successor electronic facility) of the Administration the
following documents upon their completion:
``(A) The Secretary's management review guidelines
and program review guidelines.
``(B) All State highway safety programs submitted
under this chapter.
``(C) State annual accomplishment reports.
``(D) The Administration's Summary Report of
findings from Management Reviews and Improvement Plans.
``(3) Reports to state highway safety agencies.--The
Secretary may not make publicly available a program, report, or
review under paragraph (2) that is directed to a State highway
safety agency until after the date on which the program, report,
or review is submitted to that agency under this chapter.
``(f) GAO Review.--
``(1) Analysis.--The Comptroller General shall analyze the
effectiveness of the Administration's oversight of traffic
safety grants under this chapter by determining the usefulness
of the Administration's advice to the States regarding
administration and State activities under this chapter, the
extent to
[[Page 119 STAT. 1535]]
which the States incorporate the Administration's
recommendations into their highway safety programs, and the
improvements that result in a State's highway safety program
that may be attributable to the Administration's
recommendations.
``(2) Report.--Not later than September 30, 2008, the
Comptroller General shall submit a report on the results of the
analysis to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.''.
(b) Clerical Amendment.--The analysis for chapter 4 of such title is
amended by adding at the end the following:
``412. Agency accountability.''.
SEC. 2009. <<NOTE: 23 USC 402 note.>> HIGH VISIBILITY ENFORCEMENT
PROGRAM.
(a) In General.--The Administrator of the National Highway Traffic
Safety Administration shall establish and administer a program under
which at least 2 high-visibility traffic safety law enforcement
campaigns will be carried out for the purposes specified in subsection
(b) in each of years 2006 through 2009.
(b) Purpose.--The purpose of each law enforcement campaign under
this section shall be to achieve either or both of the following
objectives:
(1) Reduce alcohol-impaired or drug-impaired operation of
motor vehicles.
(2) Increase use of seat belts by occupants of motor
vehicles.
(c) Advertising.--The Administrator may use, or authorize the use
of, funds available to carry out this section to pay for the
development, production, and use of broadcast and print media
advertising in carrying out traffic safety law enforcement campaigns
under this section. Consideration shall be given to advertising directed
at non-English speaking populations, including those who listen, read,
or watch nontraditional media.
(d) Coordination With States.--The Administrator shall coordinate
with the States in carrying out the traffic safety law enforcement
campaigns under this section, including advertising funded under
subsection (c), with a view to--
(1) relying on States to provide the law enforcement
resources for the campaigns out of funding available under this
section and sections 402, 405, 406, and 410 of title 23, United
States Code; and
(2) providing out of National Highway Traffic Safety
Administration resources most of the means necessary for
national advertising and education efforts associated with the
law enforcement campaigns.
(e) Use of Funds.--Funds made available to carry out this section
may only be used for activities described in subsections (a), (c), and
(f).
(f) Annual Evaluation.--The Secretary shall conduct an annual
evaluation of the effectiveness of campaigns referred to in subsection
(a).
(g) State Defined.--The term ``State'' has the meaning such term has
under section 401 of title 23, United States Code.
SEC. 2010. <<NOTE: Grants. 23 USC 402 note.>> MOTORCYCLIST SAFETY.
(a) Authority To Make Grants.--Subject to the requirements of this
section, the Secretary shall make grants to States that
[[Page 119 STAT. 1536]]
adopt and implement effective programs to reduce the number of single-
and multi-vehicle crashes involving motorcyclists.
(b) Maintenance of Effort.--No grant may be made to a State under
this section in a 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 the
other sources for motorcyclist safety training programs and motorcyclist
awareness programs at or above the average level of such expenditures in
its 2 fiscal years preceding the date of enactment of this Act.
(c) Allocation.--The amount of a grant made to a State for a fiscal
year under this section may not be less than $100,000 and may not exceed
25 percent of the amount apportioned to the State for fiscal year 2003
under section 402 of title 23, United States Code.
(d) Grant Eligibility.--
(1) In general.--A State becomes eligible for a grant under
this section by adopting or demonstrating to the satisfaction of
the Secretary--
(A) for the first fiscal year for which the State
will receive a grant under this section, at least 1 of
the 6 criteria listed in paragraph (2); and
(B) for the second, third, and fourth fiscal years
for which the State will receive a grant under this
section, at least 2 of the 6 criteria listed in
paragraph (2).
(2) Criteria.--The criteria for eligibility for a grant
under this section are the following:
(A) Motorcycle rider training courses.--An effective
motorcycle rider training course that is offered
throughout the State, provides a formal program of
instruction in accident avoidance and other safety-
oriented operational skills to motorcyclists and that
may include innovative training opportunities to meet
unique regional needs.
(B) Motorcyclists awareness program.--An effective
statewide program to enhance motorist awareness of the
presence of motorcyclists on or near roadways and safe
driving practices that avoid injuries to motorcyclists.
(C) Reduction of fatalities and crashes involving
motorcycles.--A reduction for the preceding calendar
year in the number of motorcycle fatalities and the rate
of motor vehicle crashes involving motorcycles in the
State (expressed as a function of 10,000 motorcycle
registrations).
(D) Impaired driving program.--Implementation of a
statewide program to reduce impaired driving, including
specific measures to reduce impaired motorcycle
operation.
(E) Reduction of fatalities and accidents involving
impaired motorcyclists.--A reduction for the preceding
calendar year in the number of fatalities and the rate
of reported crashes involving alcohol- or drug-impaired
motorcycle operators (expressed as a function of 10,000
motorcycle registrations).
(F) Fees collected from motorcyclists.--All fees
collected by the State from motorcyclists for the
purposes of funding motorcycle training and safety
programs will be used for motorcycle training and safety
programs.
(e) Eligible Uses.--
[[Page 119 STAT. 1537]]
(1) In general.--A State may use funds from a grant under
this section only for motorcyclist safety training and
motorcyclist awareness programs, including--
(A) improvements to motorcyclist safety training
curricula;
(B) improvements in program delivery of motorcycle
training to both urban and rural areas, including--
(i) procurement or repair of practice
motorcycles;
(ii) instructional materials;
(iii) mobile training units; and
(iv) leasing or purchasing facilities for
closed-course motorcycle skill training;
(C) measures designed to increase the recruitment or
retention of motorcyclist safety training instructors;
and
(D) public awareness, public service announcements,
and other outreach programs to enhance driver awareness
of motorcyclists, such as the ``share-the-road'' safety
messages developed under subsection (g).
(2) Suballocations of funds.--An agency of a State that
receives a grant under this section may suballocate funds from
the grant to a nonprofit organization incorporated in that State
to carry out under this section.
(f) Definitions.--In this section, the following definitions apply:
(1) Motorcyclist safety training.--The term ``motorcyclist
safety training'' means a formal program of instruction that is
approved for use in a State by the designated State authority
having jurisdiction over motorcyclist safety issues, which may
include the State motorcycle safety administrator or a
motorcycle advisory council appointed by the Governor of the
State.
(2) Motorcyclist awareness.--The term ``motorcyclist
awareness'' means individual or collective awareness of--
(A) the presence of motorcycles on or near roadways;
and
(B) safe driving practices that avoid injury to
motorcyclists.
(3) Motorcyclist awareness program.--The term ``motorcyclist
awareness program'' means an informational or public awareness
program designed to enhance motorcyclist awareness that is
developed by or in coordination with the designated State
authority having jurisdiction over motorcyclist safety issues,
which may include the State motorcycle safety administrator or a
motorcycle advisory council appointed by the Governor of the
State.
(4) State.--The term ``State'' has the same meaning such
term has in section 101(a) of title 23, United States Code.
(g) <<NOTE: Deadline.>> Share-the-Road Model Language.--Not later
than 1 year after the date of enactment of this Act, the Secretary, in
consultation with the Administrator of the National Highway Traffic
Safety Administration, shall develop and provide to the States model
language for use in traffic safety education courses, driver's manuals,
and other driver's training materials instructing the drivers of motor
vehicles on the importance of sharing the roads safely with
motorcyclists.
[[Page 119 STAT. 1538]]
SEC. 2011. <<NOTE: 23 USC 405 note.>> CHILD SAFETY AND CHILD BOOSTER
SEAT INCENTIVE GRANTS.
(a) General Authority.--Subject to the requirements of this section,
the Secretary shall make grants to States that are enforcing a law
requiring that any child riding in a passenger motor vehicle in the
State who is too large to be secured in a child safety seat be secured
in a child restraint that meets the requirements prescribed by the
Secretary under section 3 of Anton's Law (49 U.S.C. 30127 note; 116
Stat. 2772).
(b) Maintenance of Effort.--No grant may be made to a State under
this section in a 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 child safety seat and child restraint programs at or above
the average level of such expenditures in its 2 fiscal years preceding
the date of enactment of this Act.
(c) Federal Share.--The Federal share of the costs of activities
funded using amounts from grants under this section shall not exceed--
(1) for the first 3 fiscal years for which a State receives
a grant under this section, 75 percent; and
(2) for the fourth fiscal year for which a State receives a
grant under this section, 50 percent.
(d) Use of Grant Amounts.--
(1) Allocations.--Of the amounts received by a State in
grants under this section for a fiscal year not more than 50
percent shall be used to fund programs for purchasing and
distributing child safety seats and child restraints to low-
income families.
(2) Remaining amounts.--Amounts received by a State in
grants under this section, other than amounts subject to
paragraph (1), shall be used to carry out child safety seat and
child restraint programs, including the following:
(A) A program to support enforcement of child
restraint laws.
(B) A program to train child passenger safety
professionals, police officers, fire and emergency
medical personnel, educators, and parents concerning all
aspects of the use of child safety seats and child
restraints.
(C) A program to educate the public concerning the
proper use and installation of child safety seats and
child restraints.
(e) Grant Amount.--The amount of a grant to a State for a fiscal
year under this section may not exceed 25 percent of the amount
apportioned to the State for fiscal year 2003 under section 402 of title
23, United States Code.
(f) Applicability of Chapter 1.--The provisions contained in section
402(d) of such title shall apply to this section.
(g) Report.--A State that receives a grant under this section shall
transmit to the Secretary a report documenting the manner in which the
grant amounts were obligated and expended and identifying the specific
programs carried out using the grant funds. The report shall be in a
form prescribed by the Secretary and may be combined with other State
grant reporting requirements under of chapter 4 of title 23, United
States Code.
(h) Definitions.--In this section, the following definitions apply:
[[Page 119 STAT. 1539]]
(1) Child restraint.--The term ``child restraint'' means any
product designed to provide restraint to a child (including
booster seats and other products used with a lap and shoulder
belt assembly) that meets applicable Federal motor vehicle
safety standards prescribed by the National Highway Traffic
Safety Administration.
(2) Child safety seat.--The term ``child safety seat'' has
the meaning such term has in section 405(f) of title 23, United
States Code.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning such term has in section 405(f) of
such title.
(4) State.--The term ``State'' has the meaning such term has
in section 101(a) of such title.
SEC. 2012. SAFETY DATA.
(a) In General.--Using funds made available to carry out section 403
of title 23, United States Code, for fiscal years 2005 through 2009, the
Secretary shall collect data and compile statistics on accidents
involving motor vehicles being backed up that result in fatalities and
injuries and that occur on public and nonpublic roads and residential
and commercial driveways and parking facilities.
(b) Report.--Not later than January 1, 2009, 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 accidents described in
subsection (a), including the data collected and statistics compiled
under subsection (a) and any recommendations regarding measures to be
taken to reduce the number of such accidents and the resulting
fatalities and injuries.
SEC. 2013. <<NOTE: 23 USC 403 note.>> DRUG-IMPAIRED DRIVING ENFORCEMENT.
(a) Illicit Drug.--In this section, the term ``illicit drug''
includes substances listed in schedules I through V of section 112(e) of
the Controlled Substances Act (21 U.S.C. 812) not obtained by a legal
and valid prescription.
(b) Duties.--The Secretary shall--
(1) advise and coordinate with other Federal agencies on how
to address the problem of driving under the influence of an
illegal drug; and
(2) conduct research on the prevention, detection, and
prosecution of driving under the influence of an illegal drug.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in cooperation with the
National Institutes of Health, shall submit to Congress a report
on the problem of drug-impaired driving.
(2) Contents.--The report shall include, at a minimum, the
following:
(A) An assessment of methodologies and technologies
for measuring driver impairment resulting from use of
the most common illicit drugs (including the use of such
drugs in combination with alcohol).
(B) Effective and efficient methods for training law
enforcement personnel, including drug recognition
experts, to detect or measure the level of impairment of
a driver
[[Page 119 STAT. 1540]]
who is under the influence of an illicit drug by the use
of technology or otherwise.
(C) A description of the role of drugs as causal
factor in traffic crashes and the extent of the problem
of drug-impaired driving.
(D) A description and assessment of current State
and Federal laws relating to drug-impaired driving.
(E) Recommendations for addressing the problem of
drug-impaired driving, including recommendations on
levels of impairment.
(F) Recommendations for developing a model statute
relating to drug-impaired driving.
(d) Model Statute.--
(1) In general.--The Secretary shall develop a model statute
for States relating to drug-impaired driving.
(2) Contents.--Based on recommendations and findings
contained in the report submitted under subsection (c), the
model statute may include--
(A) threshold levels of impairment for illicit
drugs;
(B) practicable methods for detecting the presence
of illicit drugs; and
(C) penalties for drug impaired driving.
(3) Date.--The model statute shall be provided to States not
later than 1 year after date of submission of the report under
subsection (c).
(e) <<NOTE: Drugs and drug abuse.>> Research and Development.--
Section 403(b) of title 23, United States Code, is amended by adding at
the end the following:
``(5) Technology to detect drug use and enable States to
efficiently process toxicology evidence.
``(6) Research on the effects of illicit drugs and the
compound effects of alcohol and illicit drugs on impairment.''.
(f) Funding.--Out of amounts made available to carry out section 403
of title 23, United States Code, for each of fiscal years 2006 through
2009, the Secretary shall make available $1,200,000 for such fiscal year
to carry out this section.
SEC. 2014. <<NOTE: 23 USC 402 note.>> FIRST RESPONDER VEHICLE SAFETY
PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in consultation with the
Administrator of the National Highway Traffic Safety Administration,
should--
(1) develop and implement a comprehensive program to promote
compliance with State and local laws intended to increase the
safe and efficient operation of first responder vehicles;
(2) compile a list of best practices by State and local
governments to promote compliance with the laws described in
paragraph (1);
(3) analyze State and local laws intended to increase the
safe and efficient operation of first responder vehicles; and
(4) develop model legislation to increase the safe and
efficient operation of first responder vehicles.
(b) Partnerships.--The Secretary may enter into partnerships with
qualified organizations to carry out this section.
(c) Public Outreach.--The Secretary shall use a variety of public
outreach strategies to carry out this section, including public
[[Page 119 STAT. 1541]]
service announcements, publication of informational materials, and
posting information on the Internet.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry out
this section for fiscal year 2006.
SEC. 2015. DRIVER PERFORMANCE STUDY.
(a) In General.--Using funds made available to carry out section 403
of title 23, United States Code, for fiscal year 2005, the Secretary
shall make $1,000,000 available to conduct a study on the risks
associated with glare to oncoming drivers, including increased risks to
drivers on 2-lane highways, increased risks to drivers over the age of
50, and the overall effects of glare on driver performance.
(b) Report.--Not later than 18 months 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 and any recommendations regarding
measures to reduce the risks associated with glare to oncoming drivers.
SEC. 2016. RURAL STATE EMERGENCY MEDICAL SERVICES OPTIMIZATION PILOT
PROGRAM.
(a) In General.--From funds made available to carry out section 403
of title 23, United States Code, for fiscal year 2006, the Secretary
shall make $1,000,000 available to conduct a pilot program for
optimizing emergency medical services in a rural State.
(b) Collecting Data.--The pilot program shall focus on collecting
geo-coded data for highway accidents and resulting injuries, analyzing
data to develop injury patterns and distributions, and improving
placement and management of emergency medical services resources and
personnel.
(c) <<NOTE: Contracts. Alaska.>> Selection.--The Secretary shall
enter into an agreement with the State of Alaska to conduct the pilot
program.
(d) Report.--Not later than 12 months after the completion of the
pilot program, 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 pilot program and recommendations for
application to other rural States.
SEC. 2017. OLDER DRIVER SAFETY; LAW ENFORCEMENT TRAINING.
(a) Improving Older Driver Safety.--
(1) In general.--Of the funds made available to carry out
section 403 of title 23, United States Code, the Secretary shall
allocate $1,700,000 for each of fiscal years 2006 through 2009
to conduct a comprehensive research and demonstration program to
improve traffic safety pertaining to older drivers.
(2) Elements of program.--The program shall--
(A) provide information and guidelines to assist
older drivers, physicians, and other related medical
personnel, families, licensing agencies, enforcement
officers, and various public and transit agencies in
enhancing the safety of older drivers;
(B) improve the scientific basis of medical
standards and screenings strategies used in the
licensing of all drivers in a non-discriminatory manner;
[[Page 119 STAT. 1542]]
(C) conduct field tests to assess the safety
benefits and mobility impacts of different driver
licensing strategies and driver assessment and
rehabilitation methods;
(D) assess the value and improve the safety
potential of driver retraining courses of particular
benefit to older drivers; and
(E) conduct other activities to accomplish the
objectives of this section.
(3) Formulation of plan.--After consultation with affected
parties, the Secretary shall formulate an older driver traffic
safety plan to guide the design and implementation of the
program.
(4) <<NOTE: Deadline.>> Submision of plan to congress.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall submit the plan to the Committee on
Transportation and Infrastructure House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate.
(b) <<NOTE: 23 USC 402 note.>> Law Enforcement Training.--
(1) Requirement for program.--The Secretary shall carry out
a program to provide guidance and support to law enforcement
agencies in police chase techniques that are consistent with the
police chase guidelines issued by the International Association
of Chiefs of Police.
(2) Amount for program.--Of the funds made available to
carry out section 403 of title 23, United States Code, the
Secretary shall allocate $500,000 in each of fiscal years 2006
through 2009 to carry out this subsection.
SEC. 2018. SAFE INTERSECTIONS.
(a) In General.--Chapter 2 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 39. Traffic signal preemption transmitters
``(a) Offenses.--
``(1) Sale.--Whoever, in or affecting interstate or foreign
commerce, knowingly sells a traffic signal preemption
transmitter to a nonqualifying user shall be fined under this
title, or imprisoned not more than 1 year, or both.
``(2) Use.--Whoever, in or affecting interstate or foreign
commerce, being a nonqualifying user makes unauthorized use of a
traffic signal preemption transmitter shall be fined under this
title, or imprisoned not more than 6 months, or both.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) Traffic signal preemption transmitter.--The term
`traffic signal preemption transmitter' means any mechanism that
can change or alter a traffic signal's phase time or sequence.
``(2) Nonqualifying user.--The term `nonqualifying user'
means a person who uses a traffic signal preemption transmitter
and is not acting on behalf of a public agency or private
corporation authorized by law to provide fire protection, law
enforcement, emergency medical services, transit services,
maintenance, or other services for a Federal, State, or local
government entity, but does not include a person using a traffic
signal preemption transmitter for classroom or instructional
purposes.''.
[[Page 119 STAT. 1543]]
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``39. Traffic signal preemption transmitters.''.
SEC. 2019. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE TECHNICAL
CORRECTION.
Section 404(d) of title 23, United States Code, is amended by
striking ``Commerce'' and inserting ``Transportation''.
SEC. 2020. PRESIDENTIAL COMMISSION ON ALCOHOL-IMPAIRED DRIVING.
(a) Findings.--Congress finds that--
(1) there has been considerable progress over the past 25
years in reducing the number and rate of alcohol-related highway
facilities;
(2) the National Highway Traffic Safety Administration
projects that fatalities in alcohol-related crashes declined in
2003 for the 2nd year in a row;
(3) in spite of this progress, an estimated 17,013 Americans
died in 2003, in alcohol-related crashes;
(4) these fatalities comprise 40 percent of the annual total
highway fatalities;
(5) about 250,000 are injured each year in alcohol-related
crashes;
(6) the past 2 years of decreasing alcohol-related
fatalities follows a 3-year increase;
(7) alcohol-impaired driving is the Nation's most frequently
committed violent crime;
(8) the annual cost of alcohol-related crashes is over
$100,000,000,000, including $9,000,000,000 in costs to
employers;
(9) a Presidential Commission on Alcohol Impaired Driving in
1982 and 1983 helped to lead to substantial progress on this
issue; and
(10) these facts point to the need to renew the national
commitment to preventing these deaths and injuries.
(b) Sense of the Congress.--It is the sense of Congress that, in an
effort to further change the culture of alcohol-impaired driving on our
Nation's highways, the President should consider establishing a
Presidential Commission on Alcohol-Impaired Driving--
(1) comprised of representatives of--
(A) State and local governments, including State
legislators;
(B) law enforcement;
(C) traffic safety experts, including researchers;
(D) victims of alcohol-related crashes;
(E) affected industries, including the alcohol,
insurance, motorcycle, and auto industries;
(F) the business community;
(G) labor;
(H) the medical community;
(I) public health; and
(J) Members of Congress; and
(2) that not later than September 30, 2006, would--
(A) conduct a full examination of alcohol-impaired
driving issues; and
[[Page 119 STAT. 1544]]
(B) make recommendations for a broad range of policy
and program changes that would serve to further reduce
the level of deaths and injuries caused by 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.
(a) Findings.--Congress finds that--
(1) in 2003--
(A) 17,013 Americans died in alcohol-related traffic
crashes;
(B) 40 percent of the persons killed in traffic
crashes died in alcohol-related crashes; and
(C) drivers with blood alcohol concentration levels
over 0.15 were involved in 58 percent of alcohol-related
traffic fatalities;
(2) research shows that 77 percent of Americans think they
have received enough information about alcohol-impaired driving
and the way in which alcohol affects individual blood alcohol
levels; and
(3) only 28 percent of the American public can correctly
identify the legal limit of blood alcohol concentration of the
State in which they reside.
(b) Sense of Congress.--It is the sense of Congress that the
National Highway Traffic Safety Administration should work with State
and local governments and independent organizations to increase public
awareness of--
(1) State legal limits on blood alcohol concentration
levels; and
(2) the dangers of alcohol-impaired driving.
SEC. 2022. <<NOTE: 23 USC 402 note.>> EFFECTIVE DATE.
Sections 2002 through 2007 of this title (and the amendments and
repeals made by such sections) shall take effect October 1, 2005.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Commercial Motor Vehicle Safety
SEC. 4127. OUTREACH AND EDUCATION.
(a) In General.--The Secretary shall conduct, through any
combination of grants, contracts, or cooperative agreements, an outreach
and education program to be administered by the Federal Motor Carrier
Safety Administration and the National Highway Traffic Safety
Administration.
(b) Program Elements.--The program shall include, at a minimum, the
following:
(1) A program to promote a more comprehensive and national
effort to educate commercial motor vehicle drivers and passenger
vehicle drivers about how commercial motor vehicle drivers and
passenger vehicle drivers can more safely share the road with
each other.
(2) A program to promote enhanced traffic enforcement
efforts aimed at reducing the incidence of the most common
unsafe driving behaviors that cause or contribute to crashes
involving commercial motor vehicles and passenger vehicles.
(3) A program to establish a public-private partnership to
provide resources and expertise for the development and
dissemination of information relating to sharing the road
referred to in paragraphs (1) and (2) to each partner's
constituents and to the general public through the use of
brochures, videos, paid and public advertisements, the Internet,
and other media.
(c) Federal Share.--The Federal share of a program or activity for
which a grant is made under this section shall be 100 percent of the
cost of such program or activity.
(d) Annual Report.--The Secretary shall prepare and transmit to
Congress an annual report on the programs and activities carried out
under this section. The final annual report shall be submitted not later
than September 30, 2009.
(e) Funding.--From amounts made available under section 31104(i) of
title 49, United States Code, the Secretary shall make available
$1,000,000 to the Federal Motor Carrier Safety Administration, and
$3,000,000 to the National Highway Traffic Safety Administration, for
each of fiscal years 2006, 2007, 2008, and 2009 to carry out this
section (other than subsection (f)).
[[Page 119 STAT. 1742]]
(f) <<NOTE: Reports. Deadline.>> Study.--The Comptroller General
shall update the Government Accountability Office's evaluation of the
``Share the Road Safely'' program to determine if it has achieved
reductions in the number and severity of commercial motor vehicle
crashes, including reductions in the number of deaths and the severity
of injuries sustained in these crashes and shall report its updated
evaluation to Congress no later than June 30, 2006.
TITLE X--MISCELLANEOUS PROVISIONS
Subtitle B--Other Miscellaneous Provisions
SEC. 10202. <<NOTE: 42 USC 300d-4.>> EMERGENCY MEDICAL SERVICES.
(a) Federal Interagency Committee on Emergency Medical Services.--
(1) Establishment.--The Secretary of Transportation, the
Secretary of Health and Human Services, and the Secretary of
Homeland Security, acting through the Under Secretary for
Emergency Preparedness and Response, shall establish a Federal
Interagency Committee on Emergency Medical Services.
(2) Membership.--The Interagency Committee shall consist of
the following officials, or their designees:
(A) The Administrator, National Highway Traffic
Safety Administration.
(B) The Director, Preparedness Division, Directorate
of Emergency Preparedness and Response of the Department
of Homeland Security.
(C) The Administrator, Health Resources and Services
Administration, Department of Health and Human Services.
(D) The Director, Centers for Disease Control and
Prevention, Department of Health and Human Services.
(E) The Administrator, United States Fire
Administration, Directorate of Emergency Preparedness
and Response of the Department of Homeland Security.
(F) The Administrator, Centers for Medicare and
Medicaid Services, Department of Health and Human
Services.
(G) The Under Secretary of Defense for Personnel and
Readiness.
(H) The Director, Indian Health Service, Department
of Health and Human Services.
(I) The Chief, Wireless Telecommunications Bureau,
Federal Communications Commission.
(J) A representative of any other Federal agency
appointed by the Secretary of Transportation or the
Secretary of Homeland Security through the Under
Secretary
[[Page 119 STAT. 1933]]
for Emergency Preparedness and Response, in consultation
with the Secretary of Health and Human Services, as
having a significant role in relation to the purposes of
the Interagency Committee.
(K) A State emergency medical services director
appointed by the Secretary.
(3) Purposes.--The purposes of the Interagency Committee are
as follows:
(A) To ensure coordination among the Federal
agencies involved with State, local, tribal, or regional
emergency medical services and 9-1-1 systems.
(B) To identify State, local, tribal, or regional
emergency medical services and 9-1-1 needs.
(C) To recommend new or expanded programs, including
grant programs, for improving State, local, tribal, or
regional emergency medical services and implementing
improved emergency medical services communications
technologies, including wireless 9-1-1.
(D) To identify ways to streamline the process
through which Federal agencies support State, local,
tribal or regional emergency medical services.
(E) To assist State, local, tribal or regional
emergency medical services in setting priorities based
on identified needs.
(F) To advise, consult, and make recommendations on
matters relating to the implementation of the
coordinated State emergency medical services programs.
(4) Administration.--The Administrator of the National
Highway Traffic Safety Administration, in cooperation with the
Administrator of the Health Resources and Services
Administration of the Department of Health and Human Services
and the Director of the Preparedness Division, Directorate of
Emergency Preparedness and Response of the Department of
Homeland Security, shall provide administrative support to the
Interagency Committee, including scheduling meetings, setting
agendas, keeping minutes and records, and producing reports.
(5) Leadership.--The members of the Interagency Committee
shall select a chairperson of the Committee each year.
(6) Meetings.--The Interagency Committee shall meet as
frequently as is determined necessary by the chairperson of the
Committee.
(7) Annual reports.--The Interagency Committee shall prepare
an annual report to Congress regarding the Committee's
activities, actions, and recommendations.