S.Amdt. 716

SA 716. Mr. GREGG 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:

At the appropriate place, insert the following:

SEC. 14__. SAFETY BELT USE RATES.

(a) Definitions.--In this section:
(1) Primary safety belt law.--The term ``primary safety
belt law'' means a law that authorizes a law enforcement
officer to issue a citation for the failure of the driver of,
or any passenger in, a motor vehicle to wear a safety belt as
required by State law.
(2) Safety belt use rate.--The term ``safety belt use
rate'' means, as determined by the State for the most recent
fiscal year or calendar year for which statistics are made
available through any method, including observational surveys
conducted by the State agency that has jurisdiction over
highway safety, the ratio that--
(A) the number of drivers and front seat passengers of
motor vehicles in the State that use safety belts; bears to
(B) the number of all drivers and front seat passengers of
motor vehicles registered in the State.
(b) Withholding of Funds.--
(1) In general.--The Secretary shall withhold a percentage,
as described in paragraph (2), of the funds apportioned to a
State under paragraphs (1), (3), and (4) of section 104(b) or

[[Page S4998]]

section 144 of title 23, United States Code, if, by October 1
of a given year, the State does not--
(A) have in effect a primary safety belt law; or
(B) demonstrate to the Secretary that the safety belt use
rate in the State is at least 60 percent.
(2) Percentages.--The percentage referred to in paragraph
(1) shall be--
(A) for fiscal year 2007, 2 percent; and
(B) for fiscal year 2008 and each fiscal year thereafter, 4
percent.
(c) Restoration.--If, by the date that is 3 years after the
date on which funds are withheld from a State under
subsection (b), the State has in effect a primary safety belt
law or has demonstrated that the safety belt use rate in the
State is at least 60 percent, the apportionment to the State
under paragraphs (1), (3), and (4) of section 104(b) or
section 144 of title 23, United States Code, shall be
increased by the amount withheld under subsection (b).
(d) Failure to Act.--If, by the date that is 3 years after
the date on which funds are withheld from a State under
subsection (b), the State does not have in effect a primary
safety belt law or has not demonstrated that the safety belt
use rate in the State is at least 60 percent, the State shall
forfeit the amount withheld under subsection (b).
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