(Added Pub. L. 105–178, title II, § 2003(a)(1),June 9, 1998, 112 Stat. 325; amended Pub. L. 109–59, title II, §§ 2002(e),
2004,Aug. 10, 2005, 119 Stat. 1522, 1524; Pub. L. 111–147, title IV, § 421(c)(1),Mar. 18, 2010, 124 Stat. 84; Pub. L. 112–30, title I, § 121(c)(1),Sept. 16, 2011, 125 Stat. 347.)
References in Text
The date of enactment of the SAFETEA–LU, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 109–59
, which was approved Aug. 10, 2005.
A prior section
, added Pub. L. 93–87
, title II, § 230(a),Aug. 13, 1973, 87 Stat. 293
; amended Pub. L. 93–643
, § 121,Jan. 4, 1975, 88 Stat. 2289
, related to the Federal-aid safer roads demonstration program, prior to repeal by Pub. L. 94–280
, title I, § 135(c),May 5, 1976, 90 Stat. 442
2011—Subsec. (a)(3). Pub. L. 112–30
, § 121(c)(1)(A), substituted “9” for “8”.
Subsec. (a)(4)(C). Pub. L. 112–30
, § 121(c)(1)(B), substituted “fifth through ninth” for “fifth through eighth”.
2010—Subsec. (a)(3). Pub. L. 111–147
, § 421(c)(1)(A), substituted “8” for “6”.
Subsec. (a)(4)(C). Pub. L. 111–147
, § 421(c)(1)(B), substituted “fifth through eighth” for “fifth and sixth”.
2005—Subsec. (a)(2). Pub. L. 109–59
, § 2004(a)(1), substituted “SAFETEA–LU” for “Transportation Equity Act for the 21st Century”.
Subsec. (a)(3). Pub. L. 109–59
, § 2004(a)(2), substituted “2003” for “1997”.
Subsec. (a)(4). Pub. L. 109–59
, § 2004(a)(3), inserted “beginning after September 30, 2003,” after “years” in subpars. (A) to (C).
Subsec. (c). Pub. L. 109–59
, § 2004(c), substituted “100 percent” for “25 percent” and “2003” for “1997”.
Subsec. (d). Pub. L. 109–59
, § 2002(e), struck out heading and text of subsec. (d). Text read as follows: “Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section.”
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–59
effective Oct. 1, 2005, see section 2022 ofPub. L. 109–59
, set out as a note under section
of this title.
Child Safety and Child Booster Seat Incentive Grants
Pub. L. 109–59
, title II, § 2011,Aug. 10, 2005, 119 Stat. 1538
, as amended by Pub. L. 111–147
, title IV, § 421(j)(1),Mar. 18, 2010, 124 Stat. 85
; Pub. L. 112–30
, title I, § 121(j)(1),Sept. 16, 2011, 125 Stat. 348
, provided that:
“(a) General Authority.—Subject to the requirements of this section, the Secretary [of Transportation] 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 [Pub. L. 107–318
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 [of Transportation] 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 [Aug. 10, 2005].
“(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, fifth, sixth, and seventh fiscal years 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
, 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 [of Transportation] 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 [sic] chapter
, United States Code.
“(h) Definitions.—In this section, the following definitions apply:
“(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
, 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.”
Child Passenger Protection Education Grants
Pub. L. 105–178
, title II, § 2003(b),June 9, 1998, 112 Stat. 327
, provided that:
“(1) In general.—The Secretary may make a grant to a State that submits an application, in such form and manner as the Secretary may prescribe, that is approved by the Secretary to carry out the activities specified in paragraph (2) through—
“(A) the child passenger protection program of the State; and
“(B) at the option of the State, a grant program established by the State to carry out 1 or more of the activities specified in paragraph (2) by a political subdivision of the State or an appropriate private entity.
“(2) Use of funds.—Funds provided to a State as a grant under this subsection shall be used to implement child passenger protection programs that—
“(A) are designed to prevent deaths and injuries to children;
“(B) educate the public concerning—
“(i) all aspects of the proper installation of child restraints using standard seatbelt hardware, supplemental hardware, and modification devices (if needed), including special installation techniques;
“(ii) appropriate child restraint design, selection, and placement; and
“(iii) harness threading and harness adjustment on child restraints; and
“(C) train and retrain child passenger safety professionals, police officers, fire and emergency medical personnel, and other educators concerning all aspects of child restraint use.
“(3) Grant awards.—The Secretary may make a grant under this subsection without regard to whether a State is eligible to receive, or has received, a grant under section
, United States Code (as inserted by subsection (a) of this section).
“(4) Federal share.—The Federal share of the cost of a program carried out using funds made available from a grant under this subsection may not exceed 80 percent.
“(5) Report.—Each State that receives a grant under this subsection shall transmit to the Secretary a report for the period covered by the grant that, at a minimum, describes the program activities carried out with the funds made available under the grant.
“(6) Report to congress.—Not later than June 1, 2002, the Secretary shall transmit to Congress a report on the implementation of this subsection that includes a description of the programs carried out and materials developed and distributed by the States that receive grants under this subsection.
“(7) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $7,500,000 for each of fiscal years 2000 and 2001.”