S.Amdt. 750

SA 750. Mr. LOTT (for himself and Mr. Inouye) submitted an amendment
intended to be proposed to amendment SA 611 proposed by Mr. Allen (for
himself and Mr. Ensign) to the amendment SA 605 proposed by Mr. Inhofe
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:

In lieu of the matter proposed to be inserted, 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
make grants to States in accordance with the provisions of
this section to encourage the 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 a State safety belt use rate
for each of the 2 calendar years immediately preceding the
fiscal year of a grant of 85 percent or more, 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) of this subsection is equal to 500 percent of
the amount apportioned to the State for fiscal year 2003
under section 402(c) of this title.
``(3) July 1 cut-off.--For the purpose of determining the
eligibility of a State for a grant under paragraph (l)(A), a
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 the
beginning 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, then
the Secretary shall make grants under this subsection to
States in the order in which--
``(A) the 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 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 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 paragraph (4)).
``(c) Grants for Pre-2003 Laws.--To the extent that amounts
made available for any of fiscal years 2006 through 2009
exceed the total amounts 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 primary safety belt use law for
all passenger motor vehicles that was in effect before
January 1, 2003. The amount of a grant available to a State
under this subsection shall be equal to 250 percent of the
amount of funds apportioned to the State under section 402(c)
of this title for fiscal year 2003. The Secretary may award
the grant in up to 4 installments over a period of 4 fiscal
years beginning with fiscal year 2006.
``(d) Allocation of Unused Grant Funds.--The Secretary
shall make additional grants under this section of any
amounts available for grants under this section that, on July
1, 2009, are neither obligated nor expended.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 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) of this title.
``(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;
``(I) 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 or expended 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 subsection is 100 percent.
``(h) Passenger Motor Vehicle Defined.--In this section,
the term `passenger motor vehicle' means--
``(1) a passenger car,
``(2) a pickup truck,
``(3) a van, minivan, or sport utility vehicle, with a
gross vehicle weight rating of less than 10,000 pounds.'' .
______