To modify the eligibility requirements for States to receive a grant under section 405 of title 49, United States Code.

SA 611. Mr. ALLEN (for himself and Mr. Ensign) submitted an amendment
intended to be proposed by him to the bill H.R. 3, to authorize funds
for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes; which was ordered to lie on the
table; as follows:

Strike section 7216(a) of the bill and insert the
following:
(a) In General.--Section 405 is amended to read as follows:

``Sec. 405. Safety belt performance grants

``(a) In General.--The Secretary of Transportation shall
award grants to States in accordance with the provisions of
this section to encourage the use of safety belts in
passenger motor vehicles.
``(b) Grants for Safety Belt Use.--
``(1) In general.--The Secretary shall make a single grant
to each State that has a State safety belt use rate for the
immediately preceding calendar year of 85 percent or more, as
measured by the National Center for Statistics and Analysis.
``(2) Amount.--The amount of a grant available to a State
in fiscal year 2006 or in a subsequent fiscal year under
paragraph (1) of this subsection is equal to 500 percent of
the amount apportioned to the State for fiscal year 2003
under section 402(c).
``(3) 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, then
the Secretary shall make grants under this subsection to
States in the order in which the State's safety belt use rate
was 85 percent or more for 2 consecutive calendar years, as
measured by the National Center for Statistics and Analysis.
``(4) Catch-up grants.--The Secretary shall award a grant
to any State eligible for a grant under this subsection that
did not receive a grant for a fiscal year because its safety
belt use rate is 85 percent or more for the calendar year
preceding such next fiscal year.
``(c) Allocation of Unused Grant Funds.--The Secretary
shall award additional grants under this section from any
amounts available for grants under this section that, as of
July 1, 2009, are neither obligated nor expended. The
additional grants awarded under this subsection shall be
allocated among all States that, as of July 1, 2009, have a
seatbelt usage rate of 85 percent for the previous calendar
year. The allocations shall be made in accordance with the
formula for apportioning funds among the States under section
402(c).
``(d) Use of Grant Funds.--
``(1) In general.--Subject to paragraph (2), a State may
use a grant awarded 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;
``(M) improving crash data collection and analysis; and
``(N) increasing road or lane capacity.
``(2) Safety activity requirement.--Notwithstanding
paragraph (1), the Secretary shall ensure that at least
$1,000,000,000 of amounts received by States under this
section are obligated or expended for safety activities under
this chapter.
``(e) Carry-forward of Excess Funds.--If the amount
available for grants under this section for any fiscal year
exceeds the sum of the grants awarded 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.
``(f) Federal Share.--The Federal share payable for grants
awarded under this section is 100 percent.
``(g) Definition.--In this section, the term `passenger
motor vehicle' means--
``(1) a passenger car;
``(2) a pickup truck; or
``(3) a van, minivan, or sport utility vehicle, with a
gross vehicle weight rating of less than 10,000 pounds.''.
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