§ 402. Highway safety programs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Pub. L. 89–564 title I § 101 · 80 Stat. 731

   Enacted · 23 U.S.C. § 402

   Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 731

   Source evidence

   Code source credit
   Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 731

   Enacted provision · exact public law section
   Sec. 101. Title 23, United States Code, is hereby amended by adding at the end thereof a new chapter: “Chapter 4.— HIGHWAY SAFETY “Sec. “401. Authority of the Secretary. “402. Highway safety programs. “403. Highway safety research and development. “404. National Highway Safety Advisory Committee. “§401. Authority of the Secretary “The Secretary is authorized and directed to assist and cooperate with other Federal departments and agencies, State and local governments, private industry, and other interested parties, to increase highway safety. “§402. Highway safety programs “(a) Each State shall have a highway safety program approved by the Secretary, designed to reduce traffic accidents and deaths, injuries, and property damage resulting therefrom. Such programs shall be Uniform standards. in accordance with uniform standards promulgated by the Secretary. Such uniform standards shall be expressed in terms of performance criteria. Such uniform standards shall be promulgated by the Secretary so as to improve driver performance (including, but not limited to, driver education, driver testing to determine proficiency to operate motor vehicles, driver examinations (both physical and mental) and driver licensing) and to improve pedestrian performance. In addition such uniform standards shall include, but not be limited to, provisions for an effective record system of accidents (including injuries and deaths resulting therefrom), accident investigations to determine the probable causes of accidents, injuries, and deaths, vehicle registration, operation, and inspection, highway design and maintenance (including lighting, markings, and surface treatment), traffic control, vehicle codes and laws, surveillance of traffic for detection and correction of high or potentially high accident locations, and emergency services. Such standards as are applicable to State highway safety programs shall, to the extent determined appropriate by the Secretary, be applicable to federally administered areas where a Federal department or agency controls the highways or supervises traffic operations. The Secretary shall be authorized to amend or waive standards on a temporary basis for the purpose of evaluating new or different highway safety programs instituted on an experimental, pilot, or demonstration basis by one or more States, where the Secretary finds that the public interest would be served by such amendment or waiver. “(b) (1) The Secretary shall not approve any State highway safety program under this section which does not— “(A) provide that the Governor of the State shall be responsible for the administration of the program. “(B) authorize political subdivisions of such State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the uniform standards of the Secretary promulgated under this section. “(C) provide that at least 40 per centum of all Federal funds apportioned under this section to such State for any fiscal year will be expended by the political subdivisions of such State in carrying out local highway safety programs authorized in accordance with subparagraph (B) of this paragraph. “(D) provide that the aggregate expenditure of funds of the State and political subdivisions thereof, exclusive of Federal funds, for highway safety programs will be maintained at a level which does not fall below the average level of such expenditures for its last two full fiscal years preceding the date of enactment of this section. “(E) provide for comprehensive driver training programs, including (1) the initiation of a State program for driver education in the school systems or for a significant expansion and improvement of such a. program already in existence, to be administered by appropriate school officials under the supervision of the Governor as set forth in subparagraph (A) of this paragraph; (2) the training of qualified school instructors and their certification; (3) appropriate regulation of other driver training schools, including licensing of the schools and certification of their instructors; (4) adult driver training programs, and programs for the retraining of selected drivers; and (5) adequate research, development and procurement of practice driving facilities, simulators, and other similar teaching aids for both school and other driver training use. “(2) The Secretary is authorized to waive the requirement of subparagraph (C) of paragraph (1) of this subsection, in whole or in part, for a fiscal year for any State whenever he determines that there is an insufficient number of local highway safety programs to justify the expenditure in such State of such percentage of Federal funds during such fiscal year. “(c) Funds authorized to be appropriated to carry out this section shall be used to aid the States to conduct the highway safety programs approved in accordance with subsection (a), shall be subject to a deduction not to exceed 5 per centum for the necessary costs of administering the provisions of this section, and the remainder shall be apportioned among the several States. For the fiscal years ending June 30, 1967, June 30, 1968, and June 30, 1969, such funds shall be apportioned 75 per centum on the basis of population and 25 per centum as the Secretary in his administrative discretion may deem appropriate and thereafter such funds shall be apportioned as Congress, by law enacted hereafter, shall provide. On or before January 1, 1969, the Secretary shall report to Congress his recommendations with respect to a nondiscretionary formula for apportionment of funds authorized to carry out this section for the fiscal year ending June 30, 1970, and fiscal years thereafter. After December 31, 1968, the Secretary shall not apportion any funds under this subsection to any State which is not implementing a highway safety program approved by the Secretary in accordance with this section. Federal aid highway funds apportioned on or after January 1, 1969, to any State which is not implementing a highway safety program approved by the Secretary in accordance with this section shall be reduced by amounts equal to 10 per centum of the amounts which would otherwise be apportioned to such State under section 104 of this title, until such time as such State is implementing an approved highway safety program. Whenever he determines it to be in the public interest, the Secretary may suspend, for such periods as he deems necessary, the application of the preceding sentence to a State. Any amount which is withheld from apportionment to any State under this section shall be reapportioned to the other States in accordance with the applicable provisions of law. “(d) All provisions of chapter 1 of this title that are applicable to Federal-aid primary highway funds other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the highway safety funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section. In applying such provisions of chapter 1 in carrying out this section the term “State highway department’ as used in such provisions shall mean the Governor of a State for the purposes of this section. “(e) Uniform standards promulgated by the Secretary to carry out this section shall be developed in cooperation with the States, their political subdivisions, appropriate Federal departments and agencies, and such other public and private organizations as the Secretary deems appropriate. “(f) The Secretary may make arrangements with other Federal departments and agencies for assistance in the preparation of uniform standards for the highway safety programs contemplated by subsection (a) and in the administration of such programs. Such departments and agencies are directed to cooperate in such preparation and administration, on a reimbursable basis. “(g) Nothing in this section authorizes the appropriation or expenditure of funds for (1) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into standards) or (2) any purpose for which funds are authorized by section 403 of this title. “§403. Highway safety research and development “The Secretary is authorized to use funds appropriated to carry out this section to carry out safety research which he is authorized to conduct by subsection (a) of section 307 of this title. In addition, the Secretary may use the funds appropriated to carry out this section, either independently or in cooperation with other Federal departments or agencies, for (1) grants to State or local agencies, institutions, and individuals for training or education of highway safety personnel, (2) research fellowships in highway safety, (3) development of improved accident investigation procedures, (4) emergency service plans, (5) demonstration projects, and (6) related activities which are deemed by the Secretary to be necessary to carry out the purposes of this section. “§404. National Highway Safety Advisory Committee “(a) (1) There is established in the Department of Commerce a National Highway Safety Advisory Committee, composed of the Secretary or an officer of the Department appointed by him, who shall be chairman, the Federal Highway Administrator, and twenty-nine members appointed by the President, no more than four of whom shall be Federal officers or employees. The appointed members, having due regard for the purposes of this chapter, shall be selected from among representatives of various State and local governments, including State legislatures, of public and private interests contributing to, affected by, or concerned with highway safety, and of other public and private agencies, organizations, or groups demonstrating an active interest in highway safety, as well as research scientists and other individuals who are expert in this field. “(2) (A) Each member appointed by the President shall hold office for a term of three years, except that (i) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (ii) the terms of office of members first taking office after the date of enactment of this section shall expire as follows: ten at the end of one year after such date, ten at the end of two years after such date, and nine at the end of three years after such date, as designated by the President at the time of appointment, and (iii) the term of any member shall be extended until the date on which the successor’s appointment is effective. None of the members appointed by the President other than Federal officers or employees shall be eligible for reappointment within one year following the end of his preceding term. “(B) Members of the Committee who are not officers or employees of the United States shall, while attending meetings or conferences of such Committee or otherwise engaged in the business of such Committee, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lien of subsistence, as authorized in section 5 of the Administrative Expenses Act of 1946 (5 U. S. C. 60 Stat. 808; 75 Stat. 339, 340. 73b–2) for persons in the Government service employed intermittently. Payments under this section shall not render members of the Committee employees or officials of the United States for any purpose. “(b) The National Highway Safety Advisory Committee shall advise, consult with, and make recommendations to, the Secretary on matters relating to the activities and functions of the Department in the field of highway safety. The Committee is authorized (1) to review research projects or programs submitted to or recommended by it in the field of highway safety and recommend to the Secretary, for prosecution under this title, any such projects which it believes show promise of making valuable contributions to human knowledge with respect to the cause and prevention of highway accidents; and (2) to review, prior to issuance, standards proposed to be issued by order of the Secretary under the provisions of section 402(a) of this title and to make recommendations thereon. Such recommendations shall be published in connection with the Secretary’s determination or order. “(c) The National Highway Safety Advisory Committee shall meet from time to time as the Secretary shall direct, but at least once each year. “(d) The Secretary shall provide to the National Highway Safety Committee from among the personnel and facilities of the Department of Commerce such staff and facilities as are necessary to carry out the functions of such Committee.”

2. 1968

   Federal-Aid Highway Act of 1968

   Pub. L. 90–495 § 13 · 82 Stat. 815

   1. Substituted · 23 U.S.C. § 402(c)

      Pub. L. 90–495 substituted “December 31, 1969” for “December 31, 1968” as the last day on which the Secretary may apportion funds to States which are not implementing highway safety programs approved by the Secretary

   2. Substituted · 23 U.S.C. § 402(c)

      Pub. L. 90–495 substituted “January 1, 1970” for “January 1, 1969” as the date after which funds apportioned to States not having approved safety programs shall be reduced until a safety program is implemented

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 90–495 substituted “December 31, 1969” for “December 31, 1968” as the last day on which the Secretary may apportion funds to States which are not implementing highway safety programs approved by the Secretary and substituted “January 1, 1970” for “January 1, 1969” as the date after which funds apportioned to States not having approved safety programs shall be reduced until a safety program is implemented.

   Enacted provision · exact public law section
   Sec. 13. highway safety program The fourth sentence of subsection (c) of section 402 of title 80 Stat. 732. 23 of the United States Code is amended by striking out “December 31, 1968” and inserting in lieu thereof “December 31, 1969”, and the fifth sentence of such subsection is amended by striking out “January 1, 1969” and inserting in lieu thereof “January 1, 1970”.

3. 1970

   Pub. L. 91–605 § 203(A) · 84 Stat. 1713

   Changed · 23 U.S.C. § 402(b)(1)(A)

   Pub. L. 91–605, § 203(A), required the Governor of a State be responsible for the administration of the State highway safety program through a State agency suitably organized and possessed of adequate powers to carry out such programs to the satisfaction of the Secretary

   Source evidence

   Code amendment note
   Subsec. (b)(1)(A). Pub. L. 91–605, § 203(A), required the Governor of a State be responsible for the administration of the State highway safety program through a State agency suitably organized and possessed of adequate powers to carry out such programs to the satisfaction of the Secretary.

   Enacted provision · exact public law section
   (a) Section 402(b) (1) (A) of title 23, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “through a State agency which shall have adequate powers, and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program.”

4. 1970

   Pub. L. 91–605 § 202(c) · 84 Stat. 1713

   1. Struck · 23 U.S.C. § 402(c)

      Pub. L. 91–605, § 202(c), provided a formula for apportionments to States, after June 30, 1969, to carry out this section, whereby 75% of the appropriation is based on the ratio which the population of each State bears to the total population of all the States and 25% of the appropriation is based on the ratio which the public road mileage in each State bears to the total public road mileage in all States, defined “public road”, provided the annual apportionment to each State not to be less than one-third of 1% of the total apportionment, struck out provisions authorizing appropriations after June 30, 1969 to be apportioned as Congress shall provide

   2. Struck · 23 U.S.C. § 402(c)

      Pub. L. 91–605, § 202(c), provided a formula for apportionments to States, after June 30, 1969, to carry out this section, whereby 75% of the appropriation is based on the ratio which the population of each State bears to the total population of all the States and 25% of the appropriation is based on the ratio which the public road mileage in each State bears to the total public road mileage in all States, defined “public road”, provided the annual apportionment to each State not to be less than one-third of 1% of the total apportionment, struck out provisions mandating the Secretary to report to Congress his recommendations for a nondiscretionary formula of apportionment for the fiscal year ending June 30, 1970, and the fiscal years thereafter

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 91–605, § 202(c), provided a formula for apportionments to States, after June 30, 1969, to carry out this section, whereby 75% of the appropriation is based on the ratio which the population of each State bears to the total population of all the States and 25% of the appropriation is based on the ratio which the public road mileage in each State bears to the total public road mileage in all States, defined “public road”, provided the annual apportionment to each State not to be less than one-third of 1% of the total apportionment, struck out provisions authorizing appropriations after June 30, 1969 to be apportioned as Congress shall provide and struck out provisions mandating the Secretary to report to Congress his recommendations for a nondiscretionary formula of apportionment for the fiscal year ending June 30, 1970, and the fiscal years thereafter.

   Enacted provision · exact public law section
   (c) Subsection (c) of section 402 of title 23, United States Code, is amended by striking out beginning in the second sentence thereof “as Congress, by law enacted hereafter,” and all that follows down through and including the period at the end of the third sentence thereof and inserting in lieu thereof the following: “75 per centum in the ratio which the population of each State bears to the total population of all the States, as shown by the latest available Federal census, and 25 per centum in the ratio which the public road mileage in each State bears to the total public road mileage in all States. For the purposes “Public road.” of this subsection, a ‘public road’ means any road under the jurisdiction of and maintained by a public authority and open to public travel. The annual apportionment to each State shall not be less than one-third of 1 per centum of the total apportionment.”

5. 1970

   Pub. L. 91–605 § 202(d) · 84 Stat. 1713

   Changed · 23 U.S.C. § 402(d)

   Pub. L. 91–605, § 202(d), provided that the aggregate of all expenditures made during any fiscal year by a State and its political subdivisions for carrying out the State highway safety program be available for crediting such State for the non-Federal share of the cost of any project under this section without regard to whether such expenditures were actually made in connection with such project

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 91–605, § 202(d), provided that the aggregate of all expenditures made during any fiscal year by a State and its political subdivisions for carrying out the State highway safety program be available for crediting such State for the non-Federal share of the cost of any project under this section without regard to whether such expenditures were actually made in connection with such project.

   Enacted provision · exact public law section
   (d) The first sentence of subsection (d) of section 402 of title 23, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: “and except that the aggregate of all expenditures made during any fiscal year by a State and its political subdivisions (exclusive of Federal funds) for carrying out the State highway safety program shall be available for the purpose of crediting such State during such fiscal year for the non-Federal share of the cost, of any project under this section without regard to whether such expenditures were actually made in connection with such project.”

6. 1970

   Pub. L. 91–605 § 202(e) · 84 Stat. 1713

   Added · 23 U.S.C. § 402(h)

   Pub. L. 91–605, § 202(e), added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 91–605, § 202(e), added subsec. (h).

   Enacted provision · exact public law section
   (e) Section 402 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(h) Except in the case of those State safety program elements with respect to which uniform standards have been promulgated by the Secretary before December 31, 1970, the Secretary shall not promulgate any other uniform safety standard under this section unless at least 90 days prior to the effective date of such standard he shall have submitted such standard to Congress.”

7. 1973

   Highway Safety Act of 1973

   Pub. L. 93–87 § 231(a) · 87 Stat. 250

   Changed · 23 U.S.C. § 402(a)

   Pub. L. 93–87, § 231(a), provided for promulgation of uniform standards so as to improve bicycle safety

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–87, § 231(a), provided for promulgation of uniform standards so as to improve bicycle safety.

   Enacted provision · exact public law section
   (a) The fourth sentence of subsection (a) of section 402 of 80 Stat. 731. title 23, United States Code, is amended by striking out the period at. the end thereof and inserting in lieu thereof the following: “and bicycle safety.”

8. 1973

   Highway Safety Act of 1973

   Pub. L. 93–87 § 231(b) · 87 Stat. 250

   Added · 23 U.S.C. § 402(b)(1)(E)(6)

   Pub. L. 93–87, § 231(b), added item (6) of subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(E)(6). Pub. L. 93–87, § 231(b), added item (6) of subpar. (E).

   Enacted provision · exact public law section
   (b) Paragraph (b) (1) (E) of section 402 of title 23, United States Code, is amended by striking out “and” before “(5)” and by striking out the period at the end of such paragraph and inserting in lieu thereof a comma and the following: “and (6) driver education programs, including research, that will assure greater safety for bicyclists using public roads in such State.”

9. 1973

   Highway Safety Act of 1973

   Pub. L. 93–87 § 228 · 87 Stat. 250

   Added · 23 U.S.C. § 402(b)(1)(F)

   Pub. L. 93–87, § 228, added subpar. (F)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(F). Pub. L. 93–87, § 228, added subpar. (F).

   Enacted provision · exact public law section
   Sec. 228. curb ramps for the handicapped Paragraph (1) of subsection (b) of section 402 of title 23, United States Code, is amended by adding at the end thereof 80 Stat. 731. the following: “(F) provide adequate and reasonable, access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State.”

10. 1973

    Highway Safety Act of 1973

    Pub. L. 93–87 title II · 87 Stat. 250

    Inserted · 23 U.S.C. § 402(c)

    Pub. L. 93–87, §§ 215–217, provided for use of funds for development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute directly to the reduction of accidents, and deaths and injuries resulting therefrom and inserted “Such funds” before “shall be subject to a deduction”; provided for the determination of public road mileage as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary; and increased the annual apportionment to each State from “one-third of 1 per centum” to “one-half of 1 per centum” of the total apportionment, respectively

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 93–87, §§ 215–217, provided for use of funds for development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute directly to the reduction of accidents, and deaths and injuries resulting therefrom and inserted “Such funds” before “shall be subject to a deduction”; provided for the determination of public road mileage as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary; and increased the annual apportionment to each State from “one-third of 1 per centum” to “one-half of 1 per centum” of the total apportionment, respectively.

    Enacted provision · exact public law
    TITLE II Sec. 201. short title This title may be cited as the “Highway Safety Act of 1973”. Sec. 202. highway safety The following sums are hereby authorized to be appropriated: (1) For carrying out section 402 of title 23, United States Code (relating to highway safety programs), by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, $100,000,000 for the fiscal year ending June 30, 1974, $125,000,000 for the fiscal year ending June 30, 1975, and $150.1)00,000 for the fiscal year ending June 30, 1976. (2) For carrying out section 403 of title 23. United States Code Post, p. 286. (relating to highway safety research and development), by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, $42,500,000 for the fiscal year ending June 30, 1974, $55,000,000 for the fiscal year ending June 30, 1975, and $65,000,000 for the fiscal year ending June 30, 1976. (3) For carrying out section 402 of title 23, United States Code Post, p. 290. (relating to highway safety programs), by the Federal Highway Administration, out of the Highway Trust Fund. $25,000,000 for the fiscal year ending June 30, 1974, $30,000,000 for the fiscal year ending June 30, 1975, and $35,000,000 for the fiscal year ending June 30, 1976, (4) For carrying out sections 307(a) and 403 of title 23, United States Code (relating to highway safety research and development), 72 Stat. 913; 84 Stat. 1723. by the Federal Highway Administration, out of the Highway Trust Fund, for each of the fiscal years ending June 30, 1974, June 30, 1975, and June 30, 1976, not to exceed $10,000,000 per fiscal year. Sec. 203. rail-highway crossings (a) Each State shall conduct, and systematically maintain State survey. a survey of all highways to identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose. At a Signs. minimum, such a schedule shall provide signs for all railroad-highway crossings. (b) In addition to funds which may be otherwise available to carry Hazard elimination, additional appropriation. 72 Stat. 903. out section 130 of title 23, United States Code, there is authorized to be appropriated out of the Highway Trust Fund for projects for the elimination of hazards of railway-highway crossings $25,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending June 30, 1976. At least half of the funds authorized and expended under this Protective devices. section shall be available for the installation of protective devices at railway-highway crossings. Such sums shall be available for obligation in the same manner, and to the same extent as if such funds were apportioned under this chapter. (c) Fluids authorized by this section shall be available solely for Funds, restriction. expenditure for projects on any Federal-aid system (other than the Interstate System). (d) 50 percent of the funds made available in accordance with subsection State apportionment. (c) shall be apportioned to the States in the same manner as sums authorized to be appropriated under subsection (a) (1) of section 104 of the Federal-Aid Highway Act of 1973 and 50 percent of the Ante, p. 251 . funds made available in accordance with subsection (c) shall be apportioned to the States in the same manner as sums authorized to be appropriated under subsection (a)(2) of section 104 of the Federal-Aid Highway Act of 1973. The Federal share payable on account of any such prefect shall be 90 per centum of the cost thereof. (e) Each State shall report to the Secretary of Transportation not later Report to Secretary of Transportation. than September 30, 1974, and not later than September 30 of each year thereafter, on the progress being made to implement the railroad-highway crossings program authorized by this section and the effectiveness of such improvements. Each State report, shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at improved locations. The Secretary of Report to Congress. Transportation shall submit a report to the Congress not later than January 1, 1975, and not later than January 1, of each year thereafter. on the progress being made by the States in implementing projects to improve railroad-highway crossings. The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, nature of treatment, and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a), and include recommendation for future implementation of the railroad-highway crossings program. (f) Funds authorized by this section may be used to provide local government with funds to be used on a matching basis when State funds are available which may only be spent when local government produces matching funds for the improvement of railroad crossings. Sec. 204. bridge reconstruction and replacement (a) Subsection (e) of section 144 of title 23, United States 84 Stat. 1741. Code, is amended by striking out “1972; and” and inserting in lieu thereof “1972,”; by inserting immediately after “1973,” the following: “$25,000,000 for the fiscal year ending June 30, 1974, $75,000,000 for the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending June 30, 1976”. (b) Subsection (f) of section 144 of title 23, United States Code, is relettered as subsection (g) (including references thereto); and immediately after subsection (e) the following new subsection (f) is inserted: “(f) Funds authorized by this section shall be available solely for expenditure for projects on any Federal-aid system.” (c) Existing subsection (g) of section 144 of title 23, United States Code, is relettered as subsection (h) (including references thereto). Sec. 205. pavement marking demonstration program (a) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section: “§ 151. Pavement marking demonstration program “(a) Congress hereby finds and declares it to be in the vital interest of the Nation that a pavement marking demonstration program be established to enable the several States to improve the pavement marking of all highways to provide for greater vehicle and pedestrian safety. “(b) Notwithstanding the provisions of the last sentence of subsection 72 Stat. 891. 23 USC 105. (a) of section 105 of this title, the Secretary may approve under this section such pavement marking projects on any highway whether or not on any Federal-aid system, but not included in the Interstate System, as he may find necessary to bring such highway to the pavement marking standards issued or endorsed by the Federal Highway Administrator. “(c) In approving projects under this section, the Secretary shall give priority to those projects which are located in rural areas and which are either on the Federal-aid secondary system or are not included on any Federal-aid system. “(d) The entire cost of projects approved under subsections (b) and (f) of this section shall be paid from sums authorized to carry out this section. “(e) For the purpose of carrying out the provisions of this section by the Federal Highway Administration, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1974, $25,000,000, and for each of the fiscal years ending June 30, 1975, and June 30, 1976, out of the Highway Trust Fund, the sum of $75,000,000. Such sums shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under this chapter. “(f) Funds not required for pavement-marking projects authorized Released funds. by this section may be released by the Secretary for expenditure for projects to eliminate or reduce the hazards to safety at specific locations or sections of highways which are not located on any Federal-aid system and which have high accident experiences or high accident potentials. Funds may be released by the Secretary under Condition. this subsection only if the Secretary has received satisfactory assurances from the State highway department that all nonurban urea highways within the State are marked in accordance with the pavement-marking standards issued or endorsed by the Federal Highway Administrator for carrying out this program. “(g) Each State shall report to the Secretary of Transportation Report to Secretary of Transportation. not later than September 30, 1974, and not later than September 30 of each year thereafter, on the progress being made in implementing the program and the effectiveness of the improvements made under it. Each report shall include an analysis and evaluation of the number, rate, and severity of accidents at improved locations and the cost-benefit ratio of such improvements, comparing an adequate time period before and after treatment in order to properly assess the benefits occurring from such pavement markings. The Secretary of Transportation Report to Congress. shall submit a report to the Congress not later than January 1, 1975, and not later than January 1 of each year thereafter, on the progress being made in implementing the program and the safety benefits achieved under it.” (b) The analysis of chapter 1 of title 23, United States Code is amended by adding at the end thereof the following: “151. Pavement marking demonstration program.”. Sec. 206. pavement marking research and demonstration programs (a) In addition to the research authorized by section 307(a) of title 23, United States Code, the Secretary of Transportation 72 Stat. 913; 84 Stat. 1723. is authorized to conduct research and demonstration programs to improve the effectiveness and durability of various types of pavement markings and related delineators, to develop improved equipment and techniques for applying, erecting, and maintaining such markings and delineators, and to develop new traffic control materials, devices, and related delineators to assist the traveling public during adverse weather and nighttime driving conditions. (b) There is authorized to be appropriated to carry out this section Appropriation. by the Federal Highway Administration, out of the Highway Trust Fund, $10,000,000 for the fiscal year ending June 30, 1974, and $10,000,000 for the fiscal year ending June 30, 1975. Sec. 207. highway safety on indian reservations (a) Section 402 of title 23 of the United States Code is 80 Stat. 731; 84 Stat. 1740. amended by adding a new subsection (i) as follows: “(i) For the purpose of the application of this section on Indian reservations, ‘State’ and ‘Governor of a State’ includes the Secretary of the Interior and ‘political subdivision of a State’ includes an Indian tribe: Provided, That, notwithstanding the provisions of subparagraph (C) of subsection (b)(1) hereof, 95 per centum of the funds apportioned to the Secretary of the Interior after date of enactment, shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions: And provided further, That the provisions of subparagraph (E) of subsection (b)(1) hereof shall be Post, p. 294. applicable except in those tribal jurisdictions in which the Secretary determines such programs would not be practicable.” (b) Subsection (d) of section 402 of title 23, United States Code, is amended by inserting before the period at the end of the first sentence thereof the following: “and except that, in the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary”. Sec. 208. drug use and driver behavior highway safety research (a) Section 403 of title 23, United States Code, is amended by inserting “(a)” immediately before the first sentence thereof, and by striking out “this section” each place it appears and inserting in lieu thereof “this subsection”, and by adding at the end thereof the following new subsections: “(b) In addition to the research authorized by subsection (a) of this section, the Secretary, in consultation with such other Government and private agencies as may be necessary, is authorized to carry out safety research on the following: “(1) The relationship between the consumption and use of drugs and their effect upon highway safety and drivers of motor vehicles; and “(2) Driver behavior research, including the characteristics of driver performance, the relationships of mental and physical abilities or disabilities to the driving task, and the relationship of frequency of driver accident involvement to highway safety. “(c) The research authorized by subsection (b) of this section may be conducted by the Secretary through grants and contracts with public and private agencies, institutions, and individuals.” (b) There is authorized to be appropriated to carry out the amendments made by this section by the National Highway Traffic Safety Administration, out of the Highway Trust Fund, the sum of $10,000,000 per fiscal year for each of the fiscal years ending June 30, 1914, June 30, 1975, and June 30, 1976. Sec. 209. projects for high-hazard locations (a) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section: “§ 152. Projects for high-hazard locations “(a) Each State shall conduct and systematically maintain an engineering survey of all highways to identify high-hazard locations which may constitute a danger to vehicles and to pedestrians, assign priorities for the correction of such locations, and establish and implement a schedule of projects for their improvement. “(b) For projects to eliminate or reduce the hazards at specific locations or sections of highways which have high accident experiences or high accident potentials, by the Federal Highway Administration, there is hereby authorized to be appropriated, out of the Highway Trust Fund, for the fiscal year ending June 30, 1974, $50,000,000, and for each of the fiscal years ending June 30, 1975, and June 30, 1976, the sum of $75,000,000 shall be appropriated out of the Highway Trust Fund. Such sums shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under this chapter. “(c) Funds authorized by this section shall be available solely for Funds, restriction« expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and American Samoa. “(d) Funds made available in accordance with subsection (b) shall be apportioned to the States in the same manner as is provided in section 492(c) of this title, and the Federal share payable on account of Post, p. 290, any such project shall be 90 per centum of the cost thereof. “(e) Each State shall report to the Secretary of Transportation not Report to Secretary of Transportation. later than September 30, 1974, and not later than September 30 of each year thereafter, on the progress being made to implement projects for high-hazard locations and the effectiveness of such improvements. Each State report, shall contain an assessment of the cost, of, and safety benefits derived from, the various means and methods used to mitigate or eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation shall submit Report to Congress. a report to the Congress not later than January 1, 1975, and not later than January 1 of each year thereafter, on the progress being made by the States in implementing projects for improvements at high-hazard locations. The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and the previous and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze, and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a) and include recommendations for future implementation of the spot improvements program.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “152. Projects for high-hazard locations.”. Sec. 210. program for the elimination of roadside obstacles (a) Chapter 1 of title 23, United States Code, is amended Ante, p. 286. by adding at the end thereof the following new section: “§ 153. Program for the elimination of roadside obstacles “(a) Each State shall conduct and systematically maintain an Engineering survey. engineering survey of all highways to identify roadside obstacles which may constitute a hazard to vehicles and to pedestrians, assign priorities for the correction of such obstacles and establish and implement a schedule of projects for their elimination. Such a schedule shall provide for the replacement, to the extent necessary, of existing sign and light supports which are not designed to yield or break away upon impact Yielding or breakaway sign and light supports shall be used, where appropriate, on all new construction or reconstruction of highways. “(b) For projects to correct roadside hazards by the Federal Highway Appropriation. Administration, there is hereby authorized to be appropriated, out of the Highway Trust Fund, for the fiscal year ending June 30, 1974, $25,000,000, and for each of the fiscal years ending June 30, 1975, and June 30, 1976, the, sum of $75,000,000. Such sums shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under this chapter. “(c) Funds authorized by this section shall be available solely for Funds, restriction. expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and American Samoa. “(d) Funds made available hi accordance with subsection (e) shall be apportioned to the States in the same manner as is provided in section 402(c) of this title, and the Federal share payable on account of any such project shall be 90 per centum of the cost thereof, “(e) Bach State shall report to the Secretary of Transportation not later than September 30, 1974, and not later than September 30 of each year thereafter, on the progress being made in implementing the program for the removal of roadside obstacles and the effectiveness of such improvements. Each report shall contain an assessment of the costs and safety benefits of the various means and methods used to Report to Congress. mitigate or eliminate roadside obstacles. The Secretary of Transportation shall submit a report to the Congress not later than January 1, 1975, and not later than January 1 of each year thereafter, on the progress being made by the. States in eliminating roadside obstacles and the effectiveness of the improvements made under this program. The Secretary’s report shall include, but not he limited to, an analysis and evaluation of each State program, identification of any State found not to lie in compliance with the schedule of improvements required by subsection (a) and shall include recommendations for figure implementation of the roadside obstacle removal program. In addition, to assess the safety benefits of varying roadside obstacle treatments, the report shall contain an assessment of the costs and safety benefits of the various means and methods used to mitigate or eliminate roadside obstacles.” (b) The analysis of chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following: “153. Program for the elimination of roadside obstacles.”. Sec. 211. highway safety educational programing and study (a) The Secretary of Transportation, in cooperation with interested government and nongovernment authorities, agencies, organizations, institutions, businesses, and individuals, shall conduct a full and complete investigation and study of the use of mass media for informing and educating the public of ways and means for reducing the number and severity of highway accidents. Such a study shall include, but not be limited to, ways and means for encouraging the participation and cooperation of television and radio station licensees, for measuring audience reactions to current educational programs, for evaluating the effectiveness of such programs, and for developing new Report to Congress. programs for the promotion of highway safety. The Secretary shall report to the Congress his findings and recommendations by June 30, 1974. (b) For the purpose of carrying out subsection (a) of tins section, there is hereby authorized to be appropriated the sum of $1,000,000 out of the Highway Trust Fund. (c) The Secretary of Transportation, in consultation with State and local highway safety officials, shall develop a series of highway safety television programs of varying length, up to and including five minutes, for use in accordance with the provisions of the Communications Act of 1934. At least 50 per centum of the funds authorized and expended under subsection (d) of this section shall be allocated to the. States at the discretion of the Secretary for approved programing projects. To the maximum extent feasible, the services of private individuals shall be utilized in carrying out this subsection. (d) For the purpose of carrying out subsection (c) of this section, there is hereby authorized to be appropriated the sum of $4,000,000 out of the Highway Trust Fluid. Sec. 212. citizen participation study (a) The Secretary of Transportation, in cooperation with State and local highway safety authorities, shall conduct a full and complete investigation and study of ways and means for encouraging greater citizen participation and involvement in highway safety programs, with particular emphasis on traffic enforcement and accident detection, response, and reporting, including, but not limited to, the creation of citizen adjuncts to assist professional traffic enforcement agencies and highway rescue agencies in the performance of their duties. The Secretary shall report to the Congress his findings and Report to Congress. recommendations by June 30, 1974. (b) For the purposes of carry mg out this section, there is authorized Appropriation. to be appropriated the sum of $1,000,000 out of the Highway Trust Fund. Sec. 213. feasibility study—national center for statistical analysis of highway operations (a) The Secretary of Transportation shall make a study of the feasibility of establishing a National Center for Statistical Analysis of Highway Operations designed to acquire, store, and retrieve highway accident data and standardize the information and procedures for reporting accidents on a nationwide basis. Such study should include, but. not be limited to, an estimate of the cost of establishing and maintaining such a center, including the means of acquiring the accident information to be stored therein, the methods to be used for its evaluation and the criteria needed to assure its proper utilization by appropriate public and private agencies and groups. The Secretary shall report to the Congress his findings and recommendations Report to Congress. not later than January 1, 1975. (b) For the purpose of carry mg out this section, there is authorized Appropriation. to be appropriated the sum of $5,000,000 out of the Highway Trust Fund. Sec. 214. pedestrian and bicycle safety study (a) The Secretary of Transportation shall make a full and complete investigation and study of pedestrian and bicycle safety. Such an investigation and study shall include, but not be limited to, the following: (1) A review and evaluation of State and local ordinances, regulations, and laws and the enforcement policies, procedures, methods, practices, and capabilities for enforcing them. (2) The relationship between alcohol and pedestrian and bicycle safety, with special emphasis on problem drinkers, both drivers and pedestrians. (3) An evaluation of ways and means of improving pedestrian and bicycle safety programs. (4) An analysis of present funding allocations for pedestrian and bicycle safety programs and an assessment of the capabilities of Federal, State, and local governments to fund such activities and programs. In the conduct of such investigation and study, the Secretary shall cooperate and consult with other agencies of the Federal Government, the States, and their political subdivisions, and other interested private organizations, groups, and individuals. (b) The Secretary shall, not later than January 31, 1975, report Report to Congress. to the Congress the results of this investigation and study together with his conclusions and recommendations for appropriate legislation. (c) There is hereby authorized not to exceed $5,000,000 from the Highway Trust Fund to carry out this section. Sec. 215. manpower training and demonstration programs The first sentence of subsection (c) of section 402 of 80 Stat. 731. title 23, United States Code, is amended by inserting immediately after “approved in accordance with subsection (a),” the following: “including development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute directly to the reduction of accidents, and deaths and injuries resulting therefrom. Such funds”. Sec. 216. public road mileage Subsection (c) of section 402 of title 23, United States 84 Stat. 1740. Code, is amended by inserting immediately after the third sentence the following: “Public road mileage as used in this subsection shall be determined as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary.” Sec. 217. minimum apportionment Subsection (c) of section 402 of title 23, United States Code, is amended by striking “one-third of 1 per centum” in the fifth sentence thereof, and inserting “one-half of 1 per centum”. Sec. 218. highway safety program applicability Section 401, title 23, United States Code, is amended by adding at the end thereof the following: “For the purposes of this chapter, the term ‘State’ means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa, except that all expenditures for carrying out this chapter in the Virgin Islands, Guam, and American Samoa shall be paid out of money in the Treasury not otherwise appropriated.” Sec. 219. incentives for compliance with highway safety programs Section 402 of title 23, United States Code, is amended by adding the following new subsection: “(j) (1) In addition to other grants authorized by this section, the Secretary may make incentive grants in each fiscal year to those States which have adopted legislation requiring the use of seatbelts in accordance with criteria which the Secretary shall establish and publish. Such grants may only be used by recipient States to further the purposes of this chapter. Such grants shall be in addition to other funds Appropriation. authorized by this section. There is hereby authorized to be appropriated to carry out this paragraph, out of the Highway Trust Fund, not to exceed $25,000,000 for the fiscal year ending June 30, 1974, not to exceed $32,000,000 for the fiscal year ending June 30, 1975, and not to exceed $37,500,000 for the fiscal year ending June 30, 1976. “(2) In addition to other grants authorized by this section, the Secretary may make additional incentive grants to those States which have made the most significant progress in reducing traffic fatalities based on the reduction in the rate of such fatalities per one hundred million-vehicle miles during the calendar year immediately preceding the fiscal year for which such incentive funds are authorized compared with the average annual rate of such fatalities for the four calendar year period preceding such calendar year. Such incentive grants shall be made in accordance with criteria which the Secretary shall establish and publish. Such grants may only be used by recipient States to further the purposes of this chapter. Such grants shall he in addition to other funds authorized by this section. There is hereby authorized Appropriation to be appropriated to carry out this paragraph, out of the Highway Trust Fund, not to exceed $12,500,000 for the fiscal year ending June 30, 1974, not to exceed $16,000,000 for the fiscal year ending June 30, 1975, and not to exceed $19,000,000 for the fiscal year ending June 30, 1976. “(3) Incentive awards authorized by this section shall not exceed 25 Limitation. per centum of each State’s apportionment as authorized by this chapter.” Sec. 220. highway safety research and development The second sentence of subsection (a) of section 403 of title 23, United States Code, is amended to read as follows: “In addition, Ante, p. 286. the Secretary may use the funds appropriated to carry out this section, either independently or in cooperation with other Federal departments or agencies, for making grants to or contracting with State or local agencies, institutions, and individuals for (1) training or education of highway safety personnel, (2) research fellowships in highway safety, (3) development of improved accident investigation procedures, (4) emergency service plans, (5) demonstration projects, and (6) related activities which the Secretary deems will promote the purposes of this section. The Secretary shall assure that no fees are charged for any meetings or services attendant thereto or other activities relating to training and education of highway safety personnel.” Sec. 221. transfer of demonstration project equipment Section 403 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(d) The Secretary may, where he deems it to be in furtherance of the purposes of section 402 of this title, vest in State or local agencies, Ante, p. 290. on such terms and conditions as he deems appropriate, title to equipment purchased for demonstration projects with funds authorized by this section.” Sec. 222. administrative adjudication of traffic infractions Section 403 of title 23, United States Code, is amended by Supra. adding at the end thereof the following new subsection: “(e) In addition to the research authorized by subsection (a) of this section, the Secretary shall, either independently or in cooperation with other Federal departments or agencies, conduct research into, and make grants to or contracts with State or local agencies, institutions, and individuals for projects to demonstrate the administrative adjudication of traffic infractions. Such administrative adjudication demonstration projects shall be designed to improve highway safety by developing fair, efficient, and effective processes and procedures for traffic infraction adjudication, utilizing appropriate punishment, training, and rehabilitative measures for traffic offenders. The Secretary shall report to Congress by July 1, 1975, and each year Report to Congress. thereafter during the continuance of the program, on the research and demonstration projects authorized by this subsection, and shall include in such report a comparison of the fairness, efficiency, and effectiveness of administrative adjudication of traffic infractions with other methods of handling such infractions.” Sec. 223. national highway safety advisory committee Subsection (a)(1) of section 404 of title 23, United States 81 Stat. 507. Code, is amended by inserting immediately after “Federal Highway Administrator,” the following: “the National Highway Traffic Safety Administrator,”. Sec. 224. date of annual report The first sentence of subsection (a) of section 202 of the 23 USC 401 note. Highway Safety Act of 1966 (50 Stat. 736) is amended by deleting “March 1” and substituting in lieu thereof the following: “July 1”. Sec. 225. highway safety needs study In order to provide the basis for evaluating the continuing 72 Stat. 885. 23 USC 101 et seq. highway safety programs authorized in title 23, United States Code, and to furnish Congress with the information necessary for the authorization of appropriations for such programs, the Secretary of Transportation, in cooperation with the Governors and appropriate State and local highway officials, shall make a full and complete study of highway safety needs and shall prepare recommendations and estimates of the costs for meeting such needs. Such estimates and recommendations shall identify the requirements to meet highway safety needs of the States, Puerto Rico, and the District of Columbia and would also consider those of Guam, American Samoa, the Virgin Islands and such other United States territories as the Secretary shall Estimates and recommendations submittal to Congress. determine. The Secretary shall submit such detailed estimates and recommendations to the Congress not later than January 10, 1976. Sec. 226. driver education evaluation program (a) Section 403 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(f) In addition to the research authorized by subsection (a) of this section, the Secretary shall carry out research, development, and demonstration projects to improve and evaluate the effectiveness of various types of driver education programs in reducing traffic accidents and deaths, injuries, and property damage resulting therefrom. The research, development, and demonstration projects authorized by this subsection may be carried out by the Secretary through grants and contracts with public and private agencies, institutions, and individuals. Report to Congress. The Secretary shall report to the Congress by July 1, 1975, and each year thereafter during the continuance of the program, on the research, development, and demonstration projects authorized by this subsection, and shall include in such report an evaluation of the effectiveness of driver education programs in reducing traffic accidents and deaths, injuries, and property damage resulting therefrom.” (b) For the purpose of carrying out the amendment made by subsection (a) of this section, there is authorized to lie appropriated $10,000,000 out of the Highway Trust Fund. Sec. 227. transfer of funds among highway safety programs Section 104 of title 23, United States Code, is amended by adding at the end thereof the following new subsection: “(g) Not more than 30 per centum of the amount apportioned in any fiscal year to each State in accordance with sections 144, 152, and 84 Stat. 1741 ; Ante, pp. 286, 287, 283. 153 of this title, or section 203 (d) of the Highway Safety Act of 1973, may be transferred from the apportionment under one section to the apportionment under any other of such sections if such a transfer is requested by the State highway department and is approved by the Secretary as being in the public interest. The Secretary may approve such transfer only if he has received satisfactory assurances from the State highway department that the purposes of the program from which such funds are to be transferred have been met.” Sec. 228. curb ramps for the handicapped Paragraph (1) of subsection (b) of section 402 of title 23, United States Code, is amended by adding at the end thereof 80 Stat. 731. the following: “(F) provide adequate and reasonable, access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State.” Sec. 229. highway safety standards Subsection (h) of section 402 of title 23, United States Code, is amended to read as follows: 84 Stat. 1740. “(h) Each uniform safety standard promulgated under this section on or before July 1, 1973, shall continue in effect unless otherwise specifically provided by law enacted after the date of enactment of the Federal-aid Highway Act of 1973. The Secretary shall not promulgate any other uniform safety standard under this section (including by revision of a standard continued in effect by the preceding sentence) unless otherwise specifically provided by law enacted after the date of enactment of the Federal-aid Highway Act of 1973.” Sec. 230. federal-aid safer roads demonstration program (a) Chapter 4 of title 23, United States Code, is amended 80 Stat. 731. 23 USC 401. by adding at the end thereof the following new section: “§ 405. Federal-aid safer roads demonstration program “(a) The Federal-aid safer roads demonstration program shall consist of all public roads or segments thereof not on a Federal-aid system needing improvements to correct safety hazards selected or designated by each State subject to the approval of the Secretary. “(b) Not later than June 30, 1974, each State shall identify projects for the Federal-aid safer roads demonstration program for all public roads in such State not on the Federal-aid system, including projects to improve highway marking and signing, to eliminate roadside obstacles, to eliminate hazards at railroad-highway grade crossings, and to correct high-hazard locations, identified by accident reporting, traffic records and hazards analysis systems established in accordance with standards promulgated under subsection (a) of section 402 of this title. Each State shall assign priorities for and undertake the Post, p. 294. systematic correction of identified hazards, to provide for the most effective improvement in highway safety. “(c) There is authorized to be appropriated for the Federal-aid Appropriation. safer roads demonstration program for projects on public roads not on the Federal-aid system for the removal of roadside obstacles, the elimination of hazards at railroad-highway grade crossings, and the proper marking and signing of highways in accordance with subsec-tion (b) of this section, out of the Highway Trust Fund, $50,000,000 for the fiscal year ending June 30, 1974, and $100,000,000 per fiscal year for each of the fiscal years ending June 30, 1975, and June 30, 1976. Such sums shall be apportioned among the States in accordance with the formula established under subsection (c) of section 402 of Ante, p. 290. this title. The Federal share payable on account of any such project shall be 90 per centum of the cost thereof. The provisions of chapter 1 of this title relating to the obligation, period of availability, and expenditure for Federal-aid primary highway funds shall apply to funds apportioned to carry out this subsection. Prior to June 30, 1974, funds shall be available for such projects as determined by the State, subject to the approval of the Secretary. “(d) For the purposes of this section, the term ‘public road’ means any road under the jurisdiction of and maintained by a public authority and open to public travel and which is not on a Federal-aid system. “(e) It shall be the responsibility of each State to maintain adequate pavement markings on any public road marked with funds available under this section in such State. “(f) In any State wherein the State is without legal authority to construct or maintain a project under this section, such State shall enter into a formal agreement for such construction or maintenance with the appropriate local officials of the county or municipality in which such project is located. “(g) In carrying out the Federal-aid safer roads demonstration program authorized by this section, the Secretary shall coordinate such program with the programs and projects authorized in sections 84 Stat. 1741; Ante, pp. 286, 287. Ante, p. 283. Reports to Congress. 144, 152, and 153, of this title and section 203(d) of the Highway Safety Act of 1973. “(h) The Secretary shall file an interim report with the Congress on January 1, 1975, concerning the progress being made under the demonstration program authorized by this section and its effectiveness. The Secretary shall report to Congress on or before January 1, 1976, a comprehensive report on the program authorized by this section. Such reports shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, roads system, means and methods used, and previous and subsequent accident experience at improved locations. In addition such reports shall analyze and evaluate the program State by State, and shall include such recommendations as lie determines necessary for the further implementation of this program.” (b) The table of contents of chapter 4 of title 23, United States Code, is amended by adding at the end thereof: “405. Federal-aid safer roads demonstration program.”. Sec. 231. bicycle safety (a) The fourth sentence of subsection (a) of section 402 of 80 Stat. 731. title 23, United States Code, is amended by striking out the period at. the end thereof and inserting in lieu thereof the following: “and bicycle safety.” (b) Paragraph (b) (1) (E) of section 402 of title 23, United States Code, is amended by striking out “and” before “(5)” and by striking out the period at the end of such paragraph and inserting in lieu thereof a comma and the following: “and (6) driver education programs, including research, that will assure greater safety for bicyclists using public roads in such State.”

11. 1973

    Highway Safety Act of 1973

    Pub. L. 93–87 § 207(b) · 87 Stat. 250

    Inserted · 23 U.S.C. § 402(d)

    Pub. L. 93–87, § 207(b), inserted at end of first sentence provision that in the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 93–87, § 207(b), inserted at end of first sentence provision that in the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary.

    Enacted provision · exact public law section
    (b) Subsection (d) of section 402 of title 23, United States Code, is amended by inserting before the period at the end of the first sentence thereof the following: “and except that, in the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary”.

12. 1973

    Highway Safety Act of 1973

    Pub. L. 93–87 § 229 · 87 Stat. 250

    Substituted · 23 U.S.C. § 402(h)

    Pub. L. 93–87, § 229, substituted provisions for continuation of uniform safety standards promulgated under this section on or before July 1, 1973, unless otherwise specifically provided by law enacted after Aug. 13, 1973, and prohibiting the Secretary from promulgating any other uniform safety standard under this section (including by revision of a standard continued in effect by the preceding sentence) unless otherwise specifically provided by law enacted after Aug. 13, 1973, for former prohibition against promulgation of any other uniform safety standard unless at least 90 days prior to the effective date of such standard the Secretary shall have submitted such standard to Congress, except in the case of State safety program elements with respect to which uniform standards have been promulgated by the Secretary before Dec. 31, 1970

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 93–87, § 229, substituted provisions for continuation of uniform safety standards promulgated under this section on or before July 1, 1973, unless otherwise specifically provided by law enacted after Aug. 13, 1973, and prohibiting the Secretary from promulgating any other uniform safety standard under this section (including by revision of a standard continued in effect by the preceding sentence) unless otherwise specifically provided by law enacted after Aug. 13, 1973, for former prohibition against promulgation of any other uniform safety standard unless at least 90 days prior to the effective date of such standard the Secretary shall have submitted such standard to Congress, except in the case of State safety program elements with respect to which uniform standards have been promulgated by the Secretary before Dec. 31, 1970.

    Enacted provision · exact public law section
    Sec. 229. highway safety standards Subsection (h) of section 402 of title 23, United States Code, is amended to read as follows: 84 Stat. 1740. “(h) Each uniform safety standard promulgated under this section on or before July 1, 1973, shall continue in effect unless otherwise specifically provided by law enacted after the date of enactment of the Federal-aid Highway Act of 1973. The Secretary shall not promulgate any other uniform safety standard under this section (including by revision of a standard continued in effect by the preceding sentence) unless otherwise specifically provided by law enacted after the date of enactment of the Federal-aid Highway Act of 1973.”

13. 1973

    Highway Safety Act of 1973

    Pub. L. 93–87 § 207(a) · 87 Stat. 250

    Added · 23 U.S.C. § 402(i)

    Pub. L. 93–87, § 207(a), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 93–87, § 207(a), added subsec. (i).

    Enacted provision · exact public law section
    (a) Section 402 of title 23 of the United States Code is 80 Stat. 731; 84 Stat. 1740. amended by adding a new subsection (i) as follows: “(i) For the purpose of the application of this section on Indian reservations, ‘State’ and ‘Governor of a State’ includes the Secretary of the Interior and ‘political subdivision of a State’ includes an Indian tribe: Provided, That, notwithstanding the provisions of subparagraph (C) of subsection (b)(1) hereof, 95 per centum of the funds apportioned to the Secretary of the Interior after date of enactment, shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions: And provided further, That the provisions of subparagraph (E) of subsection (b)(1) hereof shall be Post, p. 294. applicable except in those tribal jurisdictions in which the Secretary determines such programs would not be practicable.”

14. 1973

    Highway Safety Act of 1973

    Pub. L. 93–87 § 219 · 87 Stat. 250

    Added · 23 U.S.C. § 402(j)

    Pub. L. 93–87, § 219, added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 93–87, § 219, added subsec. (j).

    Enacted provision · exact public law section
    Sec. 219. incentives for compliance with highway safety programs Section 402 of title 23, United States Code, is amended by adding the following new subsection: “(j) (1) In addition to other grants authorized by this section, the Secretary may make incentive grants in each fiscal year to those States which have adopted legislation requiring the use of seatbelts in accordance with criteria which the Secretary shall establish and publish. Such grants may only be used by recipient States to further the purposes of this chapter. Such grants shall be in addition to other funds Appropriation. authorized by this section. There is hereby authorized to be appropriated to carry out this paragraph, out of the Highway Trust Fund, not to exceed $25,000,000 for the fiscal year ending June 30, 1974, not to exceed $32,000,000 for the fiscal year ending June 30, 1975, and not to exceed $37,500,000 for the fiscal year ending June 30, 1976. “(2) In addition to other grants authorized by this section, the Secretary may make additional incentive grants to those States which have made the most significant progress in reducing traffic fatalities based on the reduction in the rate of such fatalities per one hundred million-vehicle miles during the calendar year immediately preceding the fiscal year for which such incentive funds are authorized compared with the average annual rate of such fatalities for the four calendar year period preceding such calendar year. Such incentive grants shall be made in accordance with criteria which the Secretary shall establish and publish. Such grants may only be used by recipient States to further the purposes of this chapter. Such grants shall he in addition to other funds authorized by this section. There is hereby authorized Appropriation to be appropriated to carry out this paragraph, out of the Highway Trust Fund, not to exceed $12,500,000 for the fiscal year ending June 30, 1974, not to exceed $16,000,000 for the fiscal year ending June 30, 1975, and not to exceed $19,000,000 for the fiscal year ending June 30, 1976. “(3) Incentive awards authorized by this section shall not exceed 25 Limitation. per centum of each State’s apportionment as authorized by this chapter.”

15. 1976

    Pub. L. 94–280 § 211 · 90 Stat. 425

    Inserted · 23 U.S.C. § 402(c)

    Pub. L. 94–280, § 211, inserted exception provision requirement that the apportionments to the Virgin Islands, Guam, and American Samoa be not less than one-third of 1 per centum of the total apportionment

    Source evidence

    Code amendment note
    Subsec. (c), sixth sentence. Pub. L. 94–280, § 211, inserted exception provision requirement that the apportionments to the Virgin Islands, Guam, and American Samoa be not less than one-third of 1 per centum of the total apportionment.

    Enacted provision · exact public law section
    Sec. 211. safety program apportionment The sixth sentence of section 402(c) of title 23, United States Code, is amended by deleting the period at the end and adding the following: “, except that the apportionments to the Virgin Islands, Guam, and American Samoa shall not be less than one-third of 1 per centum of the total apportionment.”.

16. 1976

    Pub. L. 94–280 § 208(a) · 90 Stat. 425

    Inserted · 23 U.S.C. § 402(c)

    Pub. L. 94–280, § 208(a), inserted eighth and ninth sentences: excluding from any highway safety program approved by the Secretary any requirement that a State implement a Federal safety helmet wearing standard for operators or passengers of motorcycles by adopting or enforcing any law, rule, or regulation based on the Federal standard, and authorizing State implementation of a highway safety program without compliance with every uniform standard in every State; and deleted prior eighth, ninth, and tenth sentences providing for: a 10 per centum reduction of funds apportioned to a State on or after January 1, 1970, for nonimplementation of a highway safety program approved by the Secretary during such a period; suspension of application of such provision during necessary periods when in the public interest; and reapportionment of withheld amounts to other States in accordance with applicable provisions of law, now covered in the tenth through thirteenth sentences

    Source evidence

    Code amendment note
    Subsec. (c), eighth and ninth sentences. Pub. L. 94–280, § 208(a), inserted eighth and ninth sentences: excluding from any highway safety program approved by the Secretary any requirement that a State implement a Federal safety helmet wearing standard for operators or passengers of motorcycles by adopting or enforcing any law, rule, or regulation based on the Federal standard, and authorizing State implementation of a highway safety program without compliance with every uniform standard in every State; and deleted prior eighth, ninth, and tenth sentences providing for: a 10 per centum reduction of funds apportioned to a State on or after January 1, 1970, for nonimplementation of a highway safety program approved by the Secretary during such a period; suspension of application of such provision during necessary periods when in the public interest; and reapportionment of withheld amounts to other States in accordance with applicable provisions of law, now covered in the tenth through thirteenth sentences.

    Enacted provision · exact public law section
    (a) The last three sentences of subsection (c) of section 402 of title 23, United States Code, are amended to read as follows: “For the purpose of the seventh sentence of this subsection, a highway safety program approved by the Secretary shall not include any requirement that a State implement such a program by adopting or enforcing any law, rule, or regulation based on a standard promulgated by the Secretary under this section requiring any motorcycle operator eighteen years of age or older or passenger eighteen years of age or older to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. Implementation of a highway safety program under this section shall not be construed to require the Secretary to require compliance with every uniform standard, or with every element of every uniform standard, in every State.”.

17. 1976

    Pub. L. 94–280 § 212 · 90 Stat. 425

    Inserted · 23 U.S.C. § 402(c)

    Pub. L. 94–280, § 212, inserted provisions for: a 50 per centum reduction of funds apportioned to a State during time of absence or nonimplementation of a highway safety program; gravity rule in determining amount of reduction of funds; apportionment to a State of withheld funds prior to the end of the fiscal year for which the funds were withheld in event of approval of or State implementation of a highway safety program; and for reapportionment of funds to other States in accordance with the prescribed formula not later than 30 days after determination of absence of correction by a State, similar provisions being formerly covered in prior eighth, ninth, and tenth sentences providing for: a 10 per centum reduction of funds apportioned to a State on or after January 1, 1970, for nonimplementation of a highway safety program approved by the Secretary during such a period; suspension of application of such provision during necessary periods when in the public interest; and reapportionment of withheld amounts to other States in accordance with applicable provisions of law

    Source evidence

    Code amendment note
    Subsec. (c), tenth through thirteenth sentences. Pub. L. 94–280, § 212, inserted provisions for: a 50 per centum reduction of funds apportioned to a State during time of absence or nonimplementation of a highway safety program; gravity rule in determining amount of reduction of funds; apportionment to a State of withheld funds prior to the end of the fiscal year for which the funds were withheld in event of approval of or State implementation of a highway safety program; and for reapportionment of funds to other States in accordance with the prescribed formula not later than 30 days after determination of absence of correction by a State, similar provisions being formerly covered in prior eighth, ninth, and tenth sentences providing for: a 10 per centum reduction of funds apportioned to a State on or after January 1, 1970, for nonimplementation of a highway safety program approved by the Secretary during such a period; suspension of application of such provision during necessary periods when in the public interest; and reapportionment of withheld amounts to other States in accordance with applicable provisions of law.

    Enacted provision · exact public law section
    Sec. 212. penalty Section 402(e) of title 23, United States Code, is amended by adding at the end thereof the following: “Funds apportioned under this section to any State, that does not have a highway safety program approved by the Secretary or that is not implementing an approved program, shall be reduced by amounts equal to not less than 50 per centum of the amounts that would otherwise be apportioned to the State under this section, until such time as the Secretary approves such program or determines that the State is Implementing an approved program, as appropriate. The Secretary shall consider the gravity of the State’s failure, to have or implement an approved program in determining the amount of the reduction. The Secretary shall promptly apportion to the State the, funds withheld from its apportionment if he approves the State’s highway safety program or determines that the State has begun implementing an approved program, as appropriate, prior to the end of the fiscal year for which the funds were withheld. If the Secretary determines that the State did not correct its failure, within such period, the Secretary shall reapportion the withheld funds to the other States in accordance with the formula specified in this subsection not later than 30 days after such determination.”.

18. 1976

    Pub. L. 94–280 § 204 · 90 Stat. 425

    1. Added · 23 U.S.C. § 402(j)(3)(5)

       Pub. L. 94–280, § 204, added par. (3) provisions respecting incentive safety grants

    2. Struck · 23 U.S.C. § 402(j)(3)(5)

       Pub. L. 94–280, § 204, struck out prior par. (3) provisions limiting incentive awards authorized by this section to 25 per centum of each State’s apportionment as authorized by this chapter

    3. Added · 23 U.S.C. § 402(j)(3)(5)

       Pub. L. 94–280, § 204, added pars. (4) and (5)

    Source evidence

    Code amendment note
    Subsec. (j)(3) to (5). Pub. L. 94–280, § 204, added par. (3) provisions respecting incentive safety grants, struck out prior par. (3) provisions limiting incentive awards authorized by this section to 25 per centum of each State’s apportionment as authorized by this chapter, and added pars. (4) and (5).

    Enacted provision · exact public law section
    Sec. 204. incentive safety grants Subsection (j)(3) of section 402 of title 23, United States Code, is hereby amended to read as follows: “(3) In addition to other grants authorized by this section, the Secretary may make additional incentive grants to those States which have significantly reduced the actual number of traffic fatalities during the calendar year immediately preceding the fiscal year for which such incentive funds are authorized compared to the average of the actual number of traffic fatalities for the four calendar year period preceding such calendar year. Such incentive grants shall be made in accordance with criteria which the Secretary shall establish and publish. Such grants may only be used by recipient States to further the purposes of this chapter. Such grants shall Ire in addition to other funds authorized by this section. (4) No State shall receive from funds authorized for any fiscal year or period by this subsection incentive grants under paragraph (1) of this subsection which exceed an amount equal to 25 per centum of the amount apportioned to such State under this section for such fiscal year or period. No State shall receive from funds authorized for any fiscal year or period by this subsection incentive awards under paragraph (2) of this subsection which exceed an amount equal to 25 per centum of the amount apportioned to such State under this section for such fiscal year or period. No State shall receive from funds authorized for any fiscal year or period by this subsection incentive awards under paragraph (3) of this subsection which exceed an amount equal to 25 per centum of the amount apportioned to such State under this section for such fiscal year or period. “(5) Notwithstanding subsection (c) of this section, no part, of the sums authorized by this subsection shall be apportioned as provided in such subsection. Sums authorized by this subsection shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under subsection (c) of this section.”.

19. 1978

    Surface Transportation Assistance Act of 1978

    Pub. L. 95–599 § 207(a) · 92 Stat. 2689

    Inserted · 23 U.S.C. § 402(a)

    Pub. L. 95–599, § 207(a), inserted “including, but not limited to, such programs for identifying accident causes, adopting measures to reduce accidents, and evaluating effectiveness of such measures” after “one or more States”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–599, § 207(a), inserted “including, but not limited to, such programs for identifying accident causes, adopting measures to reduce accidents, and evaluating effectiveness of such measures” after “one or more States”.

    Enacted provision · exact public law section
    (a) The last sentence of subsection (a) of section 402 of title 23, United States Code, is amended by inserting immediately after “one or more States,” the following: “including, but not limited to, such programs for identifying accident causes, adopting measures to reduce accidents, and evaluating effectiveness of such measures,”.

20. 1978

    Surface Transportation Assistance Act of 1978

    Pub. L. 95–599 § 207(b)(1) · 92 Stat. 2689

    Substituted · 23 U.S.C. § 402(b)(1)(A)

    Pub. L. 95–599, § 207(b)(1), substituted “State highway safety agency” for “State agency”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 95–599, § 207(b)(1), substituted “State highway safety agency” for “State agency”.

    Enacted provision · exact public law section
    (1) Subparagraph (A) of paragraph (1) of subsection (b) of section 402 of title 23, United States Code, is amended by striking out “State agency” and inserting in lieu thereof “State highway safety agency”.

21. 1978

    Surface Transportation Assistance Act of 1978

    Pub. L. 95–599 § 207(c) · 92 Stat. 2689

    Added · 23 U.S.C. § 402(b)(1)(G)

    Pub. L. 95–599, § 207(c), added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(G). Pub. L. 95–599, § 207(c), added subpar. (G).

    Enacted provision · exact public law section
    (c) Paragraph (1) of subsection (b) of section 402 of title 23, United States Code, is amended by adding at the end thereof the following new subparagraph: “(G) provide for programs (which may include financial incentives and disincentives) to encourage the use of safety belts by drivers of, and passengers in, motor vehicles.”

22. 1978

    Surface Transportation Assistance Act of 1978

    Pub. L. 95–599 § 207(d) · 92 Stat. 2689

    Inserted · 23 U.S.C. § 402(d)

    Pub. L. 95–599, § 207(d), inserted “(other than planning and administration)” after “State highway safety program” and “(other than one for planning or administration)” after “cost of any project under this section”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–599, § 207(d), inserted “(other than planning and administration)” after “State highway safety program” and “(other than one for planning or administration)” after “cost of any project under this section”.

    Enacted provision · exact public law section
    (d) The first sentence of subsection (d) of section 402 of title 23, United States Code, is amended by inserting immediately after “State highway safety program” the following: “(other than planning and administration)” and by inserting immediately after “non-Federal share of the cost of any project under this section” the following: “(other than one for planning or administration)”.

23. 1981

    Pub. L. 97–35 § 1107(e) · 95 Stat. 357

    1. Struck · 23 U.S.C. § 402(b)(1)

       Pub. L. 97–35, § 1107(e), struck out subpar. (D) which related to aggregate expenditure of funds

    2. Redesignated · 23 U.S.C. § 402(b)(1)

       Pub. L. 97–35, § 1107(e), redesignated subpars. (E) to (G) as (D) to (F), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 97–35, § 1107(e), struck out subpar. (D) which related to aggregate expenditure of funds, and redesignated subpars. (E) to (G) as (D) to (F), respectively.

    Enacted provision · exact public law section
    (e) Section 402(b)(1) of title 23, United States Code, is amended by striking out subparagraph (D) and by redesignating subparagraphs (E), (F), and (G) (and any references thereto) as subparagraphs (D), (E), and (F), respectively.

24. 1981

    Pub. L. 97–35 § 1107(c) · 95 Stat. 357

    Struck · 23 U.S.C. § 402(h)

    Pub. L. 97–35, § 1107(c), struck out subsec. (h) which related to continuation in effect of uniform safety standards promulgated on or before July 1, 1973

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 97–35, § 1107(c), struck out subsec. (h) which related to continuation in effect of uniform safety standards promulgated on or before July 1, 1973.

    Enacted provision · exact public law section
    (c) Effective October 1, 1982, subsection (h) of section 402 of title 23, United States Code, is repealed.

25. 1981

    Pub. L. 97–35 § 1107(d) · 95 Stat. 357

    Substituted · 23 U.S.C. § 402(j)

    Pub. L. 97–35, § 1107(d), substituted provisions requiring the Secretary to begin by Sept. 1, 1981, a rulemaking process to determine the most effective programs to reduce accidents, injuries, and deaths, and procedures applicable to the process, for provisions authorizing the Secretary to make incentive grants to States most progressive in reducing traffic fatalities, criteria, duration, etc., of such grants, and authorization of appropriations

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 97–35, § 1107(d), substituted provisions requiring the Secretary to begin by Sept. 1, 1981, a rulemaking process to determine the most effective programs to reduce accidents, injuries, and deaths, and procedures applicable to the process, for provisions authorizing the Secretary to make incentive grants to States most progressive in reducing traffic fatalities, criteria, duration, etc., of such grants, and authorization of appropriations.

    Enacted provision · exact public law section
    (d) Section 402(j) of title 23, United States Code, is amended to read as follows: “(j) The Secretary of Transportation shall, not later than September 1, 1981, begin a rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Such rule shall be promulgated taking into account consideration of the States having a major role in establishing these programs. Not later than April 1, 1982, the Secretary shall promulgate a final rule establishing those programs determined most effective in reducing accidents, Transmittal to Congress. injuries, and deaths. Before such rule shall take effect, it shall be transmitted to Congress. If such rule is not transmitted by April 1, 1982, it shall not take effect before October 1, 1983. If such rule is transmitted by April 1, 1982, it shall take effect October 1, 1982, unless before June 1, 1982, either House of Congress by resolution disapproves such rule. If such rule is disapproved by either House of Congress, the Secretary shall not apportion or obligate any amount authorized to carry out this section for the fiscal year ending September 30, 1983, or any subsequent fiscal year, unless specifically authorized to do so by a statute enacted after the date of enactment of the Omnibus Budget Reconciliation Act of 1981. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive Federal financial assistance under this chapter.”.

26. 1983

    Surface Transportation Assistance Act of 1982

    Pub. L. 97–424 title II § 208 · 96 Stat. 2097

    Struck · 23 U.S.C. § 402(c)

    Pub. L. 97–424 struck out provision that apportionments to Virgin Islands, Guam, and American Samoa were not to be less than one third of 1 per centum of total apportionment from provision relating to the minimum apportionment for each State

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–424 struck out provision that apportionments to Virgin Islands, Guam, and American Samoa were not to be less than one third of 1 per centum of total apportionment from provision relating to the minimum apportionment for each State.

    Enacted provision · exact public law section
    Sec. 208. annual apportionment formula The sixth sentence of section 402(c) of title 23, United States Code, is amended by striking out “, except that the apportionments to the Virgin Islands, Guam, and American Samoa shall not be less than one-third of 1 per centum of the total apportionment”.

27. 1984

    Pub. L. 98–363 § 3(a) · 98 Stat. 435

    Inserted · 23 U.S.C. § 402(c)

    Pub. L. 98–363, § 3(a), inserted “, except that the apportionments to the Virgin Islands, Guam, and American Samoa shall be not less than one-quarter of 1 per centum of the total apportionment” in sixth sentence

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–363, § 3(a), inserted “, except that the apportionments to the Virgin Islands, Guam, and American Samoa shall be not less than one-quarter of 1 per centum of the total apportionment” in sixth sentence.

    Enacted provision · exact public law section
    (a) The sixth sentence of section 402(c) of title 23, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: “, except that the apportionments to the Virgin Islands, Guam, and American Samoa snail not be less than one-quarter of 1 per centum of the total apportionment.”.

28. 1984

    Pub. L. 98–363 § 5 · 98 Stat. 435

    Added · 23 U.S.C. § 402(k)

    Pub. L. 98–363, § 5, added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 98–363, § 5, added subsec. (k).

    Enacted provision · exact public law section
    Sec. 5. Section 402 of title 23, United States Code, is amended by adding at the end thereof the following: “(k) (1) Subject to the provisions of this subsection, the Secretary shall make a grant to any State which includes, as part of its 23 USC 402. highway safety program under section 402 of this title, the use of a comprehensive computerized safety recordkeeping system designed to correlate data regarding traffic accidents, drivers, motor vehicles, and roadways. Any such grant may only be used by such State to establish and maintain a comprehensive computerized traffic safety recordkeeping system or to obtain and operate components to support highway safety priority programs identified by the Secretary under this section. Notwithstanding any other provision of law, if a report, list, schedule, or survey is prepared by or for a State or political subdivision thereof under this subsection, such report, list, schedule, or survey shall not be admitted as evidence or used in any suit or action for damages arising out of any matter mentioned in such report, list, schedule, or survey. “(2) No State may receive a grant under this subsection in more than two fiscal years. “(3) The amount of the grant to any State under this subsection for the first fiscal year such State is eligible for a grant under this subsection shall equal 10 per centum of the amount apportioned to such State for fiscal year 1985 under this section. The amount of a grant to any State under this subsection for the second fiscal year such State is eligible for a grant under this subsection shall equal 10 per centum of the amount apportioned to such State for fiscal year 1986 under this section. “(4) A State is eligible for a grant under this subsection if— “(A) it certifies to the Secretary that it has in operation a computerized traffic safety recordkeeping system and identifies proposed means of upgrading the system acceptable to the Secretary; or “(B) it provides to the Secretary a plan acceptable to the Secretary for establishing and maintaining a computerized traffic safety recordkeeping system. “(5) The Secretary, after making the deduction authorized by the second sentence of subsection (c) of this section for fiscal years 1985 and 1986, shall set aside 10 per centum of the remaining funds authorized to be appropriated to carry out this section for the purpose of making grants under this subsection. Funds set aside under this subsection shall remain available for the fiscal year authorized and for the succeeding fiscal year and any amounts remaining unexpended at the end of such period shall be apportioned in accordance with the provisions of subsection (c) of this section.”.

29. 1987

    Highway Safety Act of 1987

    Pub. L. 100–17 § 206(a) · 101 Stat. 132

    1. Substituted · 23 U.S.C. § 402(a)

       Pub. L. 100–17, § 206(a), (b), substituted “guidelines” for “standards” wherever appearing

    2. Struck · 23 U.S.C. § 402(a)

       Pub. L. 100–17, § 206(a), (b), struck out provisions authorizing the Secretary to temporarily amend or waive standards in public interest for purpose of evaluating new or different highway safety programs instituted on an experimental, pilot or demonstration basis

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–17, § 206(a), (b), substituted “guidelines” for “standards” wherever appearing and struck out provisions authorizing the Secretary to temporarily amend or waive standards in public interest for purpose of evaluating new or different highway safety programs instituted on an experimental, pilot or demonstration basis.

    Enacted provision · exact public law section
    (a) Guidelines.— Section 402 of title 23, United States Code, is amended by striking out “standard” and “standards” each place they appear and inserting in lieu thereof “guideline” and “guidelines”, respectively.

30. 1987

    Highway Safety Act of 1987

    Pub. L. 100–17 § 206(a) · 101 Stat. 132

    Substituted · 23 U.S.C. § 402(b)(1)(B)

    Pub. L. 100–17, § 206(a), substituted “guidelines” for “standards”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 100–17, § 206(a), substituted “guidelines” for “standards”.

    Enacted provision · exact public law section
    (a) Guidelines.— Section 402 of title 23, United States Code, is amended by striking out “standard” and “standards” each place they appear and inserting in lieu thereof “guideline” and “guidelines”, respectively.

31. 1987

    Highway Safety Act of 1987

    Pub. L. 100–17 § 206(c) · 101 Stat. 132

    1. Redesignated · 23 U.S.C. § 402(b)(1)(D)(F)

       Pub. L. 100–17, § 206(c), redesignated subpars. (E) and (F) as (D) and (E), respectively

    2. Struck · 23 U.S.C. § 402(b)(1)(D)(F)

       Pub. L. 100–17, § 206(c), struck out former subpar. (D) which read as follows: “provide for comprehensive driver training programs, including (1) the initiation of a State program for driver education in the school systems or for a significant expansion and improvement of such a program already in existence, to be administered by appropriate school officials under the supervision of the Governor as set forth in subparagraph (A) of this paragraph; (2) the training of qualified school instructors and their certification; (3) appropriate regulation of other driver training schools, including licensing of the schools and certification of their instructors; (4) adult driver training programs, and programs for the retraining of selected drivers; (5) adequate research, development and procurement of practice driving facilities, simulators, and other similar teaching aids for both school and other driver training use, and (6) driver education programs, including research, that will assure greater safety for bicyclists using public roads in such State.”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D) to (F). Pub. L. 100–17, § 206(c), redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: “provide for comprehensive driver training programs, including (1) the initiation of a State program for driver education in the school systems or for a significant expansion and improvement of such a program already in existence, to be administered by appropriate school officials under the supervision of the Governor as set forth in subparagraph (A) of this paragraph; (2) the training of qualified school instructors and their certification; (3) appropriate regulation of other driver training schools, including licensing of the schools and certification of their instructors; (4) adult driver training programs, and programs for the retraining of selected drivers; (5) adequate research, development and procurement of practice driving facilities, simulators, and other similar teaching aids for both school and other driver training use, and (6) driver education programs, including research, that will assure greater safety for bicyclists using public roads in such State.”

    Enacted provision · exact public law section
    (c) Elimination of Certain Condition.— Subsection (b)(1) of such section is amended by striking out subparagraph (D), relating to comprehensive driver training programs, and by redesignating subparagraphs (E) and (F) (and any references thereto) as subparagraphs (D) and (E), respectively.

32. 1987

    Federal-Aid Highway Act of 1987

    Pub. L. 100–17 title I § 133(b)(20) · 101 Stat. 132

    1. Substituted · 23 U.S.C. § 402(c)

       Pub. L. 100–17, §§ 133(b)(20), 206(a), substituted “Such” for “For the fiscal years ending June 30, 1967, June 30, 1968, and June 30, 1969, such funds shall be apportioned 75 per centum on the basis of population and 25 per centum as the Secretary in his administrative discretion may deem appropriate and thereafter such” wherever appearing

    2. Substituted · 23 U.S.C. § 402(c)

       Pub. L. 100–17, §§ 133(b)(20), 206(a), substituted “American Samoa, and the Commonwealth of the Northern Mariana Islands” for “and American Samoa” wherever appearing

    3. Substituted · 23 U.S.C. § 402(c)

       Pub. L. 100–17, §§ 133(b)(20), 206(a), substituted “The Secretary shall” for “After December 31, 1969, the Secretary shall” wherever appearing

    4. Substituted · 23 U.S.C. § 402(c)

       Pub. L. 100–17, §§ 133(b)(20), 206(a), substituted “guideline” for “standard” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–17, §§ 133(b)(20), 206(a), substituted “Such” for “For the fiscal years ending June 30, 1967, June 30, 1968, and June 30, 1969, such funds shall be apportioned 75 per centum on the basis of population and 25 per centum as the Secretary in his administrative discretion may deem appropriate and thereafter such”, “American Samoa, and the Commonwealth of the Northern Mariana Islands” for “and American Samoa”, “The Secretary shall” for “After December 31, 1969, the Secretary shall”, and “guideline” for “standard” wherever appearing.

    Enacted provision · exact public law section
    (20) Section 402(c) of such title is amended— (A) by striking out “For the fiscal years ending June 30, 1967, June 30, 1968, and June 30, 1969, such funds shall be apportioned 75 per centum on the basis of population and 25 per centum as the Secretary in his administrative discretion may deem appropriate and thereafter such” and inserting in lieu thereof “Such”; (B) by striking out “and American Samoa” and inserting in lieu thereof “American Samoa, and the Commonwealth of the Northern Mariana Islands”; and (C) by striking out “After December 31, 1969, the” and inserting in lieu thereof “The”.

33. 1987

    Highway Safety Act of 1987

    Pub. L. 100–17 § 206(a) · 101 Stat. 132

    Substituted · 23 U.S.C. § 402(e)(g)

    Pub. L. 100–17, § 206(a), substituted “guidelines” for “standards”

    Source evidence

    Code amendment note
    Subsecs. (e) to (g). Pub. L. 100–17, § 206(a), substituted “guidelines” for “standards”.

    Enacted provision · exact public law section
    (a) Guidelines.— Section 402 of title 23, United States Code, is amended by striking out “standard” and “standards” each place they appear and inserting in lieu thereof “guideline” and “guidelines”, respectively.

34. 1987

    Highway Safety Act of 1987

    Pub. L. 100–17 § 206(d) · 101 Stat. 132

    Amended · 23 U.S.C. § 402(j)

    Pub. L. 100–17, § 206(d), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “The Secretary of Transportation shall, not later than September 1, 1981, begin a rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Such rule shall be promulgated taking into account consideration of the States having a major role in establishing these programs. Not later than April 1, 1982, the Secretary shall promulgate a final rule establishing those programs determined most effective in reducing accidents, injuries, and deaths. Before such rule shall take effect, it shall be transmitted to Congress. If such rule is not transmitted by April 1, 1982, it shall not take effect before October 1, 1983. If such rule is transmitted by April 1, 1982, it shall take effect October 1, 1982, unless before June 1, 1982, either House of Congress by resolution disapproves such rule. If such rule is disapproved by either House of Congress, the Secretary shall not apportion or obligate any amount authorized to carry out this section for the fiscal year ending September 30, 1983, or any subsequent fiscal year, unless specifically authorized to do so by a statute enacted after the date of enactment of the Omnibus Budget Reconciliation Act of 1981. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive Federal financial assistance under this chapter.”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 100–17, § 206(d), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “The Secretary of Transportation shall, not later than September 1, 1981, begin a rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Such rule shall be promulgated taking into account consideration of the States having a major role in establishing these programs. Not later than April 1, 1982, the Secretary shall promulgate a final rule establishing those programs determined most effective in reducing accidents, injuries, and deaths. Before such rule shall take effect, it shall be transmitted to Congress. If such rule is not transmitted by April 1, 1982, it shall not take effect before October 1, 1983. If such rule is transmitted by April 1, 1982, it shall take effect October 1, 1982, unless before June 1, 1982, either House of Congress by resolution disapproves such rule. If such rule is disapproved by either House of Congress, the Secretary shall not apportion or obligate any amount authorized to carry out this section for the fiscal year ending September 30, 1983, or any subsequent fiscal year, unless specifically authorized to do so by a statute enacted after the date of enactment of the Omnibus Budget Reconciliation Act of 1981. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive Federal financial assistance under this chapter.”

    Enacted provision · exact public law section
    (d) Rulemaking Process.— Subsection (j) of such section is amended to read as follows: “(j) Rulemaking Process.— The Secretary shall, not later than September 1, 1987, begin a rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Not later than April 1, 1988, the Secretary shall promulgate a final rule establishing those programs determined to be most effective in reducing accidents, injuries, and deaths. If such rule is promulgated by April 1, 1988, then it shall take effect October 1, 1988. If such rule is not promulgated by April 1, 1988, it shall take effect October 1, 1989. After a rule is promulgated in accordance with this subsection, the Secretary may from time to time thereafter revise such rule under a rulemaking process described in the first sentence of this subsection. Any rule under this subsection shall be promulgated taking into account consideration of the States having a major role in establishing programs described in the first sentence of this subsection. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive Federal financial assistance under this section.”.

35. 1991

    Highway Safety Act of 1991

    Pub. L. 102–240 § 2002(a) · 105 Stat. 1914

    Inserted · 23 U.S.C. § 402(a)

    Pub. L. 102–240, § 2002(a), inserted after third sentence “In addition, such uniform guidelines shall include programs (1) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits, (2) to encourage the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles and to increase public awareness of the benefit of motor vehicles equipped with airbags, (3) to reduce deaths and injuries resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance, (4) to reduce deaths and injuries resulting from accidents involving motor vehicles and motorcycles, (5) to reduce injuries and deaths resulting from accidents involving school buses, and (6) to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures. If the Secretary does not designate as priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs. The Secretary shall establish a highway safety program for the collection and reporting of data on traffic-related deaths and injuries by the States. Under such program, the States shall collect and report such data as the Secretary may require. The purposes of the program are to ensure national uniform data on such deaths and injuries and to allow the Secretary to make determinations for use in developing programs to reduce such deaths and injuries and making recommendations to Congress concerning legislation necessary to implement such programs. The program shall include information obtained by the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991 and provide for annual reports to the Secretary on the efforts being made by the States in reducing deaths and injuries occurring at highway construction sites and the effectiveness and results of such efforts. The Secretary shall establish minimum reporting criteria for the program. Such criteria shall include, but not be limited to, criteria on deaths and injuries resulting from police pursuits, school bus accidents, and speeding, on traffic-related deaths and injuries at highway construction sites and on the configuration of commercial motor vehicles involved in motor vehicle accidents.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–240, § 2002(a), inserted after third sentence “In addition, such uniform guidelines shall include programs (1) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits, (2) to encourage the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles and to increase public awareness of the benefit of motor vehicles equipped with airbags, (3) to reduce deaths and injuries resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance, (4) to reduce deaths and injuries resulting from accidents involving motor vehicles and motorcycles, (5) to reduce injuries and deaths resulting from accidents involving school buses, and (6) to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures. If the Secretary does not designate as priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs. The Secretary shall establish a highway safety program for the collection and reporting of data on traffic-related deaths and injuries by the States. Under such program, the States shall collect and report such data as the Secretary may require. The purposes of the program are to ensure national uniform data on such deaths and injuries and to allow the Secretary to make determinations for use in developing programs to reduce such deaths and injuries and making recommendations to Congress concerning legislation necessary to implement such programs. The program shall include information obtained by the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991 and provide for annual reports to the Secretary on the efforts being made by the States in reducing deaths and injuries occurring at highway construction sites and the effectiveness and results of such efforts. The Secretary shall establish minimum reporting criteria for the program. Such criteria shall include, but not be limited to, criteria on deaths and injuries resulting from police pursuits, school bus accidents, and speeding, on traffic-related deaths and injuries at highway construction sites and on the configuration of commercial motor vehicles involved in motor vehicle accidents.”

    Enacted provision · exact public law section
    (a) Uniform Guidelines.— Section 402(a) of title 23, United States Code, is amended by inserting after the third sentence the following: “In addition, such uniform guidelines shall include programs (1) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits, (2) to encourage the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles and to increase public awareness of the benefit of motor vehicles equipped with airbags, (3) to reduce deaths and injuries resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance, (4) to reduce deaths and injuries resulting from accidents involving motor vehicles and motorcycles, (5) to reduce injuries and deaths resulting from accidents involving school buses, and (6) to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures. Reports. If the Secretary does not designate as priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs. The Secretary shall establish a highway safety program for the collection and reporting of data on traffic-related Reports. deaths and injuries by the States. Under such program, the States shall collect and report such data as the Secretary may require. The purposes of the program are to ensure national uniform data on such deaths and injuries and to allow the Secretary to make determinations for use in developing programs to reduce such deaths and injuries and making recommendations to Congress Reports. concerning legislation necessary to implement such programs. The program shall include information obtained by the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991 and provide for annual reports to the Secretary on the efforts being made by the States in reducing deaths and injuries occurring at highway construction sites and the effectiveness and results of such efforts. The Secretary shall establish minimum reporting criteria for the program. Such criteria shall include, but not be limited to, criteria on deaths and injuries resulting from police pursuits, school bus accidents, and speeding, on traffic-related deaths and injuries at highway construction sites and on the configuration of commercial motor vehicles involved in motor vehicle accidents.”,

36. 1991

    Highway Safety Act of 1991

    Pub. L. 102–240 § 2002(b) · 105 Stat. 1914

    Added · 23 U.S.C. § 402(b)(3)(5)

    Pub. L. 102–240, § 2002(b), added pars. (3) to (5)

    Source evidence

    Code amendment note
    Subsec. (b)(3) to (5). Pub. L. 102–240, § 2002(b), added pars. (3) to (5).

    Enacted provision · exact public law section
    (b) Administrative Requirements and Use of Technology for Traffic Enforcement.— Section 402(b) of such title is amended by adding at the end the following new paragraphs: “(3) Administrative requirements.— The Secretary may not approve a State highway safety program under this section which does not— “(A) provide that the Governor of the State shall be responsible for the administration of the program through a State highway safety agency which shall have adequate powers and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program; “(B) authorize political subdivisions of the State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the minimum standards established by the Secretary under this section; “(C) except as provided in paragraph (5), provide that at least 40 percent of all Federal funds apportioned under this section to the State for any fiscal year will be expended by the political subdivisions of the State, including Indian tribal governments, in carrying out local highway safety programs authorized in accordance with subparagraph (B); and “(D) provide adequate and reasonable access for the safe and convenient movement of individuals with disabilities, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian cross-walks throughout the State. “(4) Waiver.— The Secretary may waive the requirement of paragraph (3)(C), in whole or in part, for a fiscal year for any State whenever the Secretary determines that there is an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year. “(5) Use of technology for traffic enforcement.— The Secretary may encourage States to use technologically advanced traffic enforcement devices (including the use of automatic speed detection devices such as photo-radar) by law enforcement officers.”.

37. 1991

    Highway Safety Act of 1991

    Pub. L. 102–240 § 2002(c) · 105 Stat. 1914

    Substituted · 23 U.S.C. § 402(d)

    Pub. L. 102–240, § 2002(c), substituted “National Highway System” for “Federal-aid primary”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–240, § 2002(c), substituted “National Highway System” for “Federal-aid primary”.

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Section 402(d) of such title is amended by striking “Federal-aid primary” and inserting “National Highway System”.

38. 1995

    Federal Reports Elimination and Sunset Act of 1995

    Pub. L. 104–66 title I § 1121(d) · 109 Stat. 707

    Struck · 23 U.S.C. § 402(a)

    Pub. L. 104–66 struck out after fourth sentence “If the Secretary does not designate as priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–66 struck out after fourth sentence “If the Secretary does not designate as priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs.”

    Enacted provision · exact public law section
    (d) Report on Highway Safety Program Standards.— Section 402(a) of title 23, United States Code, is amended by striking the fifth sentence.

39. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 2001(a) · 112 Stat. 107

    1. Substituted · 23 U.S.C. § 402(a)

       Pub. L. 105–178, § 2001(a), in fourth sentence, substituted “(4) to prevent accidents and” for “(4) to”, in eighth sentence

    2. Struck · 23 U.S.C. § 402(a)

       Pub. L. 105–178, § 2001(a), in fourth sentence, struck out “include information obtained by the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991 and” before “provide for annual reports to the Secretary”, and in twelfth sentence

    3. Inserted · 23 U.S.C. § 402(a)

       Pub. L. 105–178, § 2001(a), in fourth sentence, inserted “enforcement of light transmission standards of window glazing for passenger motor vehicles and light trucks as necessary to improve highway safety,” before “and emergency services”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–178, § 2001(a), in fourth sentence, substituted “(4) to prevent accidents and” for “(4) to”, in eighth sentence, struck out “include information obtained by the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991 and” before “provide for annual reports to the Secretary”, and in twelfth sentence, inserted “enforcement of light transmission standards of window glazing for passenger motor vehicles and light trucks as necessary to improve highway safety,” before “and emergency services”.

    Enacted provision · exact public law section
    (a) Uniform Guidelines.— Section 402(a) of title 23, United States Code, is amended— (1) in the fourth sentence by striking “(4) to” and inserting “(4) to prevent accidents and”; (2) in the eighth sentence by striking “include information obtained by the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991 and”; and (3) in the twelfth sentence by inserting “enforcement of light transmission standards of window glazing for passenger motor vehicles and light trucks as necessary to improve highway safety,” before “and emergency services”.

40. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 2001(b) · 112 Stat. 107

    1. Inserted · 23 U.S.C. § 402(b)

       Pub. L. 105–178, § 2001(b), inserted heading

    2. Redesignated · 23 U.S.C. § 402(b)

       Pub. L. 105–178, § 2001(b), redesignated pars. (3) to (5) as (1) to (3), respectively

    3. Substituted · 23 U.S.C. § 402(b)

       Pub. L. 105–178, § 2001(b), substituted “paragraph (3)” for “paragraph (5)” in par. (2)

    4. Substituted · 23 U.S.C. § 402(b)

       Pub. L. 105–178, § 2001(b), substituted “paragraph (1)(C)” for “paragraph (3)(C)” in par. (2)

    5. Struck · 23 U.S.C. § 402(b)

       Pub. L. 105–178, § 2001(b), struck out former pars. (1) and (2) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–178, § 2001(b), inserted heading, redesignated pars. (3) to (5) as (1) to (3), respectively, substituted “paragraph (3)” for “paragraph (5)” in par. (1)(C) and “paragraph (1)(C)” for “paragraph (3)(C)” in par. (2), and struck out former pars. (1) and (2) which read as follows:

    “(b)(1) The Secretary shall not approve any State highway safety program under this section which does not— “(A) provide that the Governor of the State shall be responsible for the administration of the program through a State highway safety agency which shall have adequate powers, and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program. “(B) authorize political subdivisions of such State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the uniform guidelines of the Secretary promulgated under this section. “(C) provide that at least 40 per centum of all Federal funds apportioned under this section to such State for any fiscal year will be expended by the political subdivisions of such State in carrying out local highway safety programs authorized in accordance with subparagraph (B) of this paragraph. “(D) provide adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State. “(E) provide for programs (which may include financial incentives and disincentives) to encourage the use of safety belts by drivers of, and passengers in, motor vehicles. “(2) The Secretary is authorized to waive the requirement of subparagraph (C) of paragraph (1) of this subsection, in whole or in part, for a fiscal year for any State whenever he determines that there is an insufficient number of local highway safety programs to justify the expenditure in such State of such percentage of Federal funds during such fiscal year.”

    Enacted provision · exact public law section
    (b) Administration of State Programs.— Section 402(b) of 23 USC 402. such title is amended— (1) by striking “(b)(1)” and all that follows through paragraph (2) and inserting the following: “(b) Administration of State Programs.—”; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively; (3) in paragraph (1)(C) (as so redesignated) by striking “paragraph (5)” and inserting “paragraph (3)”; and (4) in paragraph (2) (as so redesignated) by striking “paragraph (3)(C)” and inserting “paragraph (1)(C)”.

41. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 2001(c) · 112 Stat. 107

    Inserted · 23 U.S.C. § 402(c)

    Pub. L. 105–178, § 2001(c), in sixth sentence, inserted “the apportionment to the Secretary of the Interior shall not be less than three-fourths of 1 percent of the total apportionment and” before “the apportionments to the Virgin Islands”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–178, § 2001(c), in sixth sentence, inserted “the apportionment to the Secretary of the Interior shall not be less than three-fourths of 1 percent of the total apportionment and” before “the apportionments to the Virgin Islands”.

    Enacted provision · exact public law section
    (c) Apportionment of Funds.— The sixth sentence of section 402(c) of such title is amended by inserting “the apportionment to the Secretary of the Interior shall not be less than three-fourths of 1 percent of the total apportionment and” after “except that”.

42. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1212(a)(2)(A)(i) · 112 Stat. 107

    Substituted · 23 U.S.C. § 402(d)

    Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.

    Enacted provision · exact public law section
    (i) by striking “State highway department” each 23 USC 102 et seq. place it appears and inserting “State transportation department”; and

43. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 2001(d) · 112 Stat. 107

    1. Inserted · 23 U.S.C. § 402(i)

       Pub. L. 105–178, § 2001(d), inserted heading

    2. Amended · 23 U.S.C. § 402(i)

       Pub. L. 105–178, § 2001(d), amended text of subsec. (i) generally. Prior to amendment, text read as follows: “For the purpose of the application of this section on Indian reservations, ‘State’ and ‘Governor of a State’ includes the Secretary of the Interior and ‘political subdivision of a State’ includes an Indian tribe: Provided, That, notwithstanding the provisions of subparagraph (C) of subsection (b)(1) hereof, 95 per centum of the funds apportioned to the Secretary of the Interior after date of enactment, shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions: And provided further, That the provisions of subparagraph (E) of subsection (b)(1) hereof shall be applicable except in those tribal jurisdictions in which the Secretary determines such programs would not be practicable.”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 105–178, § 2001(d), inserted heading and amended text of subsec. (i) generally. Prior to amendment, text read as follows: “For the purpose of the application of this section on Indian reservations, ‘State’ and ‘Governor of a State’ includes the Secretary of the Interior and ‘political subdivision of a State’ includes an Indian tribe: Provided, That, notwithstanding the provisions of subparagraph (C) of subsection (b)(1) hereof, 95 per centum of the funds apportioned to the Secretary of the Interior after date of enactment, shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions: And provided further, That the provisions of subparagraph (E) of subsection (b)(1) hereof shall be applicable except in those tribal jurisdictions in which the Secretary determines such programs would not be practicable.”

    Enacted provision · exact public law section
    (d) Application in Indian Country.— Section 402(i) of such title is amended to read as follows: “(i) Application in Indian Country.— “(1) Use of terms.— For the purpose of application of this section in Indian country, the terms ‘State’ and ‘Governor of a State’ include the Secretary of the Interior and the term ‘political subdivision of a State’ includes an Indian tribe. “(2) Expenditures for local highway programs.— Notwithstanding subsection (b)(1)(C), 95 percent of the funds apportioned to the Secretary of the Interior under this section shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions. “(3) Access for individuals with disabilities.— The requirements of subsection (b)(1)(D) shall be applicable to Indian tribes, except to those tribes with respect to which the Secretary determines that application of such provisions would not be practicable. “(4) Indian country defined.— In this subsection, the term ‘Indian country’ means— “(A) all land within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent and including rights-of-way running through the reservation; “(B) all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof and whether within or without the limits of a State; and “(C) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.”.

44. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 2001(e) · 112 Stat. 107

    Amended · 23 U.S.C. § 402(j)

    Pub. L. 105–178, § 2001(e), amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: “The Secretary shall, not later than September 1, 1987, begin a rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Not later than April 1, 1988, the Secretary shall promulgate a final rule establishing those programs determined to be most effective in reducing accidents, injuries, and deaths. If such rule is promulgated by April 1, 1988, then it shall take effect October 1, 1988. If such rule is not promulgated by April 1, 1988, it shall take effect October 1, 1989. After a rule is promulgated in accordance with this subsection, the Secretary may from time to time thereafter revise such rule under a rulemaking process described in the first sentence of this subsection. Any rule under this subsection shall be promulgated taking into account consideration of the States having a major role in establishing programs described in the first sentence of this subsection. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive Federal financial assistance under this section.”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 105–178, § 2001(e), amended heading and text of subsec. (j) generally. Prior to amendment, text read as follows: “The Secretary shall, not later than September 1, 1987, begin a rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Not later than April 1, 1988, the Secretary shall promulgate a final rule establishing those programs determined to be most effective in reducing accidents, injuries, and deaths. If such rule is promulgated by April 1, 1988, then it shall take effect October 1, 1988. If such rule is not promulgated by April 1, 1988, it shall take effect October 1, 1989. After a rule is promulgated in accordance with this subsection, the Secretary may from time to time thereafter revise such rule under a rulemaking process described in the first sentence of this subsection. Any rule under this subsection shall be promulgated taking into account consideration of the States having a major role in establishing programs described in the first sentence of this subsection. When a rule promulgated in accordance with this subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive Federal financial assistance under this section.”

    Enacted provision · exact public law section
    (e) Rulemaking Proceeding.— Section 402(j) of such title is amended to read as follows: “(j) Rulemaking Proceeding.— The Secretary may periodically conduct a rulemaking process to identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. Any such rulemaking shall take into account the major role of the States in implementing such programs. When a rule promulgated in accordance with this section takes effect, States shall consider these highly effective programs when developing their highway safety programs.”.

45. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 2002(a)(4) · 119 Stat. 1144

    Inserted · 23 U.S.C. § 402(a)

    Pub. L. 109–59, § 2002(a)(4), inserted “aggressive driving, fatigued driving, distracted driving,” after “school bus accidents,” in tenth sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–59, § 2002(a)(4), inserted “aggressive driving, fatigued driving, distracted driving,” after “school bus accidents,” in tenth sentence.

    Enacted provision · exact public law section
    (4) in the 10th sentence by inserting “aggressive driving, fatigued driving, distracted driving,” after “school bus accidents,”

46. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 2002(a)(1) · 119 Stat. 1144

    Struck · 23 U.S.C. § 402(a)(2)

    Pub. L. 109–59, § 2002(a)(1), struck out “and to increase public awareness of the benefit of motor vehicles equipped with airbags” before comma at end

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–59, § 2002(a)(1), struck out “and to increase public awareness of the benefit of motor vehicles equipped with airbags” before comma at end.

    Enacted provision · exact public law section
    (1) in clause (2) by striking “and to increase public awareness of the benefit of motor vehicles equipped with airbags”;

47. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 2002(a)(2) · 119 Stat. 1144

    1. Added · 23 U.S.C. § 402(a)(6); 23 U.S.C. § 402(a)(7)

       Pub. L. 109–59, § 2002(a)(2), (3), added cl. (6)

    2. Redesignated · 23 U.S.C. § 402(a)(6); 23 U.S.C. § 402(a)(7)

       Pub. L. 109–59, § 2002(a)(2), (3), redesignated former cl. (6) as (7)

    Source evidence

    Code amendment note
    Subsec. (a)(6), (7). Pub. L. 109–59, § 2002(a)(2), (3), added cl. (6) and redesignated former cl. (6) as (7).

    Enacted provision · exact public law section
    (2) by redesignating clause (6) as clause (7);

48. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 2002(b)(2) · 119 Stat. 1144

    Redesignated · 23 U.S.C. § 402(b)

    Pub. L. 109–59, § 2002(b)(2), which directed amendment of subsec. (b)(1) by redesignating cl. (6) as (7) and could not be executed, was repealed by Pub. L. 110–244, § 303(c)(1)(A)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–59, § 2002(b)(2), which directed amendment of subsec. (b)(1) by redesignating cl. (6) as (7) and could not be executed, was repealed by Pub. L. 110–244, § 303(c)(1)(A).

    Enacted provision · exact public law section
    (2) by redesignating clause (6) as clause (7);

49. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 2002(b)(1) · 119 Stat. 1144

    Added · 23 U.S.C. § 402(b)(1)(E)

    Pub. L. 109–59, § 2002(b)(1)–(3), formerly § 2002(b)(1), (3), (4), as renumbered by Pub. L. 110–244, § 303(c)(1)(B), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E). Pub. L. 109–59, § 2002(b)(1)–(3), formerly § 2002(b)(1), (3), (4), as renumbered by Pub. L. 110–244, § 303(c)(1)(B), added subpar. (E).

    Enacted provision · exact public law section
    (1) in subparagraph (C) by striking “and” at the end;

50. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 2002(c)(2) · 119 Stat. 1144

    Substituted · 23 U.S.C. § 402(c)

    Pub. L. 109–59, § 2002(c)(2), which directed amendment of subsec. (c) by substituting “2 percent” for “three-fourths of 1 percent” in sixth sentence, was executed by making the substitution in fifth sentence to reflect the probable intent of Congress and the amendment by Pub. L. 109–59, § 2002(c)(1). See below

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–59, § 2002(c)(2), which directed amendment of subsec. (c) by substituting “2 percent” for “three-fourths of 1 percent” in sixth sentence, was executed by making the substitution in fifth sentence to reflect the probable intent of Congress and the amendment by Pub. L. 109–59, § 2002(c)(1). See below.

    Enacted provision · exact public law section
    (2) in the sixth sentence by striking “three-fourths of 1 percent” and inserting “2 percent”.

51. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 2002(c)(1) · 119 Stat. 1144

    Struck · 23 U.S.C. § 402(c)

    Pub. L. 109–59, § 2002(c)(1), struck out second sentence which read as follows: “Such funds shall be subject to a deduction not to exceed 5 per centum for the necessary costs of administering the provisions of this section, and the remainder shall be apportioned among the several States.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 2002(c)(1), struck out second sentence which read as follows: “Such funds shall be subject to a deduction not to exceed 5 per centum for the necessary costs of administering the provisions of this section, and the remainder shall be apportioned among the several States.”

    Enacted provision · exact public law section
    (1) by striking the second sentence; and

52. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 § 2002(d) · 119 Stat. 1144

    Added · 23 U.S.C. § 402(l); 23 U.S.C. § 402(m)

    Pub. L. 109–59, § 2002(d), added subsecs. (l) and (m)

    Source evidence

    Code amendment note
    Subsecs. (l), (m). Pub. L. 109–59, § 2002(d), added subsecs. (l) and (m).

    Enacted provision · exact public law section
    (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 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.” .

53. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 303(c)(1)(A) · 122 Stat. 1572

    Repealed · 23 U.S.C. § 402(b)

    Pub. L. 110–244, § 303(c)(1)(A), repealed amendment by Pub. L. 109–59, § 2002(b)(2). See 2005 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–244, § 303(c)(1)(A), repealed amendment by Pub. L. 109–59, § 2002(b)(2). See 2005 Amendment note below.

    Enacted provision · exact public law section
    (A) by striking paragraph (2); and

54. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 303(c)(1)(B) · 122 Stat. 1572

    Changed · 23 U.S.C. § 402(b)(1)(E)

    Pub. L. 110–244, § 303(c)(1)(B), renumbered Pub. L. 109–59, § 2002(b)(1), (3), (4). See 2005 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E). Pub. L. 110–244, § 303(c)(1)(B), renumbered Pub. L. 109–59, § 2002(b)(1), (3), (4). See 2005 Amendment note below.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (3) and (4) as (2) and (3), respectively.

55. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 303(a) · 122 Stat. 1572

    Substituted · 23 U.S.C. § 402(c)

    Pub. L. 110–244, § 303(a), in fifth sentence, substituted “The annual apportionment to each State shall not be less than three-quarters of 1 percent” for “The annual apportionment to each State shall not be less than one-half of 1 per centum”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–244, § 303(a), in fifth sentence, substituted “The annual apportionment to each State shall not be less than three-quarters of 1 percent” for “The annual apportionment to each State shall not be less than one-half of 1 per centum”.

    Enacted provision · exact public law section
    (a) State Minimum Apportionments for Highway Safety Programs.— Effective October 1, 2007, section 402(c) of the title 23, United States Code, is amended by striking “The annual apportionment to each State shall not be less than one-half of 1 per centum” and inserting “The annual apportionment to each State shall not be less than three-quarters of 1 percent”.

56. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 303(b) · 122 Stat. 1572

    1. Substituted · 23 U.S.C. § 402(m)

       Pub. L. 110–244, § 303(b), in first sentence, substituted “for which” for “through”

    2. Inserted · 23 U.S.C. § 402(m)

       Pub. L. 110–244, § 303(b), in first sentence, inserted “is appropriate” before period at end

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 110–244, § 303(b), in first sentence, substituted “for which” for “through” and inserted “is appropriate” before period at end.

    Enacted provision · exact public law section
    (b) Consolidation of Grant Applications.— Section 402(m) of title 23, United States Code, is amended in the first sentence— (1) by striking “through” and inserting “for which”; and (2) by inserting “is appropriate” before the period at the end.

57. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(a) · 126 Stat. 405

    Amended · 23 U.S.C. § 402(a)

    Pub. L. 112–141, § 31102(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to State highway programs designed to reduce traffic accidents and deaths in accordance with uniform guidelines promulgated by the Secretary

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–141, § 31102(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to State highway programs designed to reduce traffic accidents and deaths in accordance with uniform guidelines promulgated by the Secretary.

    Enacted provision · exact public law section
    (a) Programs Included.— Section 402(a) of title 23, United States Code, is amended to read as follows: “(a) Program Required.— “(1) In general.— Each State shall have a highway safety program, approved by the Secretary, that is designed to reduce traffic accidents and the resulting deaths, injuries, and property damage. “(2) Uniform guidelines.— Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that— “(A) include programs— “(i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits; “(ii) to encourage the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles; “(iii) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance; “(iv) to prevent accidents and reduce injuries and deaths resulting from accidents involving motor vehicles and motorcycles; “(v) to reduce injuries and deaths resulting from accidents involving school buses; “(vi) 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 “(vii) to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures; “(B) improve driver performance, including— “(i) driver education; “(ii) driver testing to determine proficiency to operate motor vehicles; and “(iii) driver examinations (physical, mental, and driver licensing); “(C) improve pedestrian performance and bicycle safety; “(D) include provisions for— “(i) an effective record system of accidents (including resulting injuries and deaths); “(ii) accident investigations to determine the probable causes of accidents, injuries, and deaths; “(iii) vehicle registration, operation, and inspection; and “(iv) emergency services; and “(E) to the extent determined appropriate by the Secretary, are applicable to federally administered areas where a Federal department or agency controls the highways or supervises traffic operations.” .

58. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(b)(1)(A) · 126 Stat. 405

    1. Added · 23 U.S.C. § 402(b)(1)(E); 23 U.S.C. § 402(b)(1)(F)

       Pub. L. 112–141, § 31102(b)(1)(A)–(C), added subpar. (E)

    2. Redesignated · 23 U.S.C. § 402(b)(1)(E); 23 U.S.C. § 402(b)(1)(F)

       Pub. L. 112–141, § 31102(b)(1)(A)–(C), redesignated former subpar. (E) as (F)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E), (F). Pub. L. 112–141, § 31102(b)(1)(A)–(C), added subpar. (E) and redesignated former subpar. (E) as (F).

    Enacted provision · exact public law section
    (A) in subparagraph (D), by striking “and” at the end;

59. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(b)(1)(D)(i) · 126 Stat. 405

    Inserted · 23 U.S.C. § 402(b)(1)(F)(i)

    Pub. L. 112–141, § 31102(b)(1)(D)(i), inserted “and high-visibility law enforcement mobilizations coordinated by the Secretary” after “mobilizations”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(F)(i). Pub. L. 112–141, § 31102(b)(1)(D)(i), inserted “and high-visibility law enforcement mobilizations coordinated by the Secretary” after “mobilizations”.

    Enacted provision · exact public law section
    (i) in clause (i), by inserting “and high-visibility law enforcement mobilizations coordinated by the Secretary” after “mobilizations”;

60. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(b)(1)(D)(ii) · 126 Stat. 405

    Added · 23 U.S.C. § 402(b)(1)(F)(v)

    Pub. L. 112–141, § 31102(b)(1)(D)(ii)–(iv), added cl. (v)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(F)(v). Pub. L. 112–141, § 31102(b)(1)(D)(ii)–(iv), added cl. (v).

    Enacted provision · exact public law section
    (ii) in clause (iii), by striking “and” at the end;

61. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(b)(2) · 126 Stat. 405

    Struck · 23 U.S.C. § 402(b)(3)

    Pub. L. 112–141, § 31102(b)(2), struck out par. (3). Text read as follows: “The Secretary may encourage States to use technologically advanced traffic enforcement devices (including the use of automatic speed detection devices such as photo-radar) by law enforcement officers.”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 112–141, § 31102(b)(2), struck out par. (3). Text read as follows: “The Secretary may encourage States to use technologically advanced traffic enforcement devices (including the use of automatic speed detection devices such as photo-radar) by law enforcement officers.”

    Enacted provision · exact public law section
    (2) by striking paragraph (3).

62. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(c) · 126 Stat. 405

    Inserted · 23 U.S.C. § 402(c)

    Pub. L. 112–141, § 31102(c), inserted subsec. and par. headings and substantially revised text of subsec. (c). Prior to amendment, subsec. (c) related to use of funds appropriated to carry out this section

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–141, § 31102(c), inserted subsec. and par. headings and substantially revised text of subsec. (c). Prior to amendment, subsec. (c) related to use of funds appropriated to carry out this section.

    Enacted provision · exact public law section
    (c) Approved Highway Safety Programs.— Section 402(c) of title 23, United States Code, is amended— (1) by striking “(c) Funds authorized” and inserting the following: “(c) Use of Funds.— “(1) In general.— Funds authorized” ; (2) by striking “Such funds” and inserting the following: “(2) Apportionment.— Except for amounts identified in section 403(f), funds described in paragraph (1)” ; (3) by striking “The Secretary shall not” and all that follows through “subsection, a highway safety program” and inserting “A highway safety program”; (4) by inserting “A State may use the funds apportioned under this section, in cooperation with neighboring States, for highway safety programs or related projects that may confer benefits on such neighboring States.” after “in every State.”; (5) by striking “50 per centum” and inserting “20 percent”; and (6) by striking “The Secretary shall promptly” and all that follows and inserting the following: “(3) Reapportionment.— The Secretary shall promptly apportion the funds withheld from a State’s apportionment to the State if the Secretary approves the State’s highway safety program or determines that the State has begun implementing an approved program, as appropriate, not later than July 31st of the fiscal year for which the funds were withheld. If the Secretary determines that the State did not correct its failure within such period, the Secretary shall reapportion the withheld funds to the other States in accordance with the formula specified in paragraph (2) not later than the last day of the fiscal year. “(4) Automated traffic enforcement systems.— “(A) Prohibition.— A State may not expend funds apportioned to that State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. “(B) Automated traffic enforcement system defined.— In this paragraph, the term ‘automated traffic enforcement system’ means any camera which captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a traffic citation, or other enforcement action at the time of the violation.” .

63. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(d) · 126 Stat. 405

    Amended · 23 U.S.C. § 402(g)

    Pub. L. 112–141, § 31102(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “Nothing in this section authorizes the appropriation or expenditure of funds for (1) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines) or (2) any purpose for which funds are authorized by section 403 of this title.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 112–141, § 31102(d), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “Nothing in this section authorizes the appropriation or expenditure of funds for (1) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines) or (2) any purpose for which funds are authorized by section 403 of this title.”

    Enacted provision · exact public law section
    (d) Use of Highway Safety Program Funds.— Section 402(g) of title 23, United States Code, is amended to read as follows: “(g) Savings Provision.— “(1) In general.— Except as provided under paragraph (2), nothing in this section may be construed to authorize the appropriation or expenditure of funds for— “(A) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines); or “(B) any purpose for which funds are authorized under section 403. “(2) Demonstration projects.— A State may use funds made available to carry out this section to assist in demonstration projects carried out by the Secretary under section 403.” .

64. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(e)(2) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 402(h)(j)

    Pub. L. 112–141, § 31102(e)(2), (3), redesignated subsecs. (i), (j), and (l) as (h), (i), and (j), respectively

    Source evidence

    Code amendment note
    Subsecs. (h) to (j). Pub. L. 112–141, § 31102(e)(2), (3), redesignated subsecs. (i), (j), and (l) as (h), (i), and (j), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively; and

65. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(e)(1) · 126 Stat. 405

    1. Added · 23 U.S.C. § 402(k)

       Pub. L. 112–141, § 31102(e)(1), (f), added subsec. (k)

    2. Struck · 23 U.S.C. § 402(k)

       Pub. L. 112–141, § 31102(e)(1), (f), struck out former subsec. (k) which related to grants to States for the development and use of a comprehensive computerized safety recordkeeping system designed to correlate data regarding traffic accidents, drivers, motor vehicles, and roadways

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 112–141, § 31102(e)(1), (f), added subsec. (k) and struck out former subsec. (k) which related to grants to States for the development and use of a comprehensive computerized safety recordkeeping system designed to correlate data regarding traffic accidents, drivers, motor vehicles, and roadways.

    Enacted provision · exact public law section
    (1) by striking subsections (k) and (m);

66. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(e)(3) · 126 Stat. 405

    Redesignated · 23 U.S.C. § 402(l)

    Pub. L. 112–141, § 31102(e)(3), redesignated subsec. (l) as (j)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 112–141, § 31102(e)(3), redesignated subsec. (l) as (j).

    Enacted provision · exact public law section
    (3) by redesignating subsection (l) as subsection (j).

67. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(e)(1) · 126 Stat. 405

    1. Added · 23 U.S.C. § 402(m)

       Pub. L. 112–141, § 31102(e)(1), (g), added subsec. (m)

    2. Struck · 23 U.S.C. § 402(m)

       Pub. L. 112–141, § 31102(e)(1), (g), struck out former subsec. (m). Prior to amendment, text read as follows: “The Secretary shall establish an approval process by which a State may apply for all grants under this chapter for which a single application process with one annual deadline is appropriate. The Bureau of Indian Affairs shall establish a similar simplified process for applications for grants from Indian tribes under this chapter.”

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 112–141, § 31102(e)(1), (g), added subsec. (m) and struck out former subsec. (m). Prior to amendment, text read as follows: “The Secretary shall establish an approval process by which a State may apply for all grants under this chapter for which a single application process with one annual deadline is appropriate. The Bureau of Indian Affairs shall establish a similar simplified process for applications for grants from Indian tribes under this chapter.”

    Enacted provision · exact public law section
    (1) by striking subsections (k) and (m);

68. 2012

    Motor Vehicle and Highway Safety Improvement Act of 2012

    Pub. L. 112–141 § 31102(h) · 126 Stat. 405

    Added · 23 U.S.C. § 402(n)

    Pub. L. 112–141, § 31102(h), added subsec. (n)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 112–141, § 31102(h), added subsec. (n).

    Enacted provision · exact public law section
    (h) Biennial Report to Congress.— Section 402 of title 23, United States Code, as amended by this section, is further amended by adding at the end the following: “(n) Biennial Report to Congress.— Not later than October 1, 2015, and biennially thereafter, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that contains— “(1) an evaluation of each State’s performance with respect to the State’s highway safety plan under subsection (k) and performance targets set by the States in such plans; and “(2) such recommendations as the Secretary may have for improvements to activities carried out under subsection (k).” .

69. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4002(1) · 129 Stat. 1312

    Added · 23 U.S.C. § 402(a)(2)(A)(viii)

    Pub. L. 114–94, § 4002(1), added cl. (viii)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(viii). Pub. L. 114–94, § 4002(1), added cl. (viii).

    Enacted provision · exact public law section
    (1) in subsection (a)(2)(A)— (A) in clause (vi) by striking “and” at the end; (B) in clause (vii) by inserting “and” after the semicolon; and (C) by adding at the end the following: “(viii) to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;” ;

70. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4014(1)(A)(i) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 402(b)(1)(C)

    Pub. L. 114–94, § 4014(1)(A)(i), substituted “paragraph (2)” for “paragraph (3)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 114–94, § 4014(1)(A)(i), substituted “paragraph (2)” for “paragraph (3)”.

    Enacted provision · exact public law section
    (i) in subparagraph (C) by striking “paragraph (3)” and inserting “paragraph (2)”; and

71. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4014(1)(A)(ii) · 129 Stat. 1312

    1. Substituted · 23 U.S.C. § 402(b)(1)(E)

       Pub. L. 114–94, § 4014(1)(A)(ii), substituted “for which” for “in which”

    2. Substituted · 23 U.S.C. § 402(b)(1)(E)

       Pub. L. 114–94, § 4014(1)(A)(ii), substituted “under subsection (k)” for “under subsection (f)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E). Pub. L. 114–94, § 4014(1)(A)(ii), substituted “for which” for “in which” and “under subsection (k)” for “under subsection (f)”.

    Enacted provision · exact public law section
    (ii) in subparagraph (E)— (I) by striking “in which” and inserting “for which”; and (II) by striking “under subsection (f)” and inserting “under subsection (k)”; and

72. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4002(2) · 129 Stat. 1312

    Added · 23 U.S.C. § 402(c)(4)(C)

    Pub. L. 114–94, § 4002(2), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (c)(4)(C). Pub. L. 114–94, § 4002(2), added subpar. (C).

    Enacted provision · exact public law section
    (2) in subsection (c)(4), by adding at the end the following: “(C) Survey.— A State in which an automated traffic enforcement system is installed shall expend funds apportioned to that State under this section to conduct a biennial survey that the Secretary shall make publicly available through the Internet Web site of the Department of Transportation that includes— “(i) a list of automated traffic enforcement systems in the State; “(ii) adequate data to measure the transparency, accountability, and safety attributes of each automated traffic enforcement system; and “(iii) a comparison of each automated traffic enforcement system with— “(I) Speed Enforcement Camera Systems Operational Guidelines (DOT HS 810 916, March 2008); and “(II) Red Light Camera Systems Operational Guidelines (FHWA–SA–05–002, January 2005).” ;

73. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4002(3) · 129 Stat. 1312

    1. Added · 23 U.S.C. § 402(g)

       Pub. L. 114–94, § 4002(3), added subsec. (g)

    2. Struck · 23 U.S.C. § 402(g)

       Pub. L. 114–94, § 4002(3), struck out former subsec. (g). Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–94, § 4002(3), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows:

    “(1) In general.—Except as provided under paragraph (2), nothing in this section may be construed to authorize the appropriation or expenditure of funds for— “(A) highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines); or “(B) any purpose for which funds are authorized under section 403. “(2) Demonstration projects.—A State may use funds made available to carry out this section to assist in demonstration projects carried out by the Secretary under section 403.”

    Enacted provision · exact public law section
    (3) by striking subsection (g) and inserting the following: “(g) Restriction.— Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines).” ;

74. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4002(4)(B) · 129 Stat. 1312

    Redesignated · 23 U.S.C. § 402(k)(3)

    Pub. L. 114–94, § 4002(4)(B), added par. (3). Former par. (3) redesignated (4)

    Source evidence

    Code amendment note
    Subsec. (k)(3). Pub. L. 114–94, § 4002(4)(B), added par. (3). Former par. (3) redesignated (4).

    Enacted provision · exact public law section
    (B) by inserting after paragraph (2) the following: “(3) Electronic submission.— The Secretary, in coordination with the Governors Highway Safety Association, shall develop procedures to allow States to submit highway safety plans under this subsection, including any attachments to the plans, in electronic form.” ; and

75. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4014(1)(B) · 129 Stat. 1312

    Redesignated · 23 U.S.C. § 402(k)(4)

    Pub. L. 114–94, § 4014(1)(B), which directed substitution of “under paragraph (3)(A)” for “under paragraph (2)(A)” in par. (5) as redesignated by Pub. L. 114–94, § 4002(4)(A), was executed by making substitution to par. (4) to reflect the probable intent of Congress. See Effective Date of 2015 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (k)(4). Pub. L. 114–94, § 4014(1)(B), which directed substitution of “under paragraph (3)(A)” for “under paragraph (2)(A)” in par. (5) as redesignated by Pub. L. 114–94, § 4002(4)(A), was executed by making substitution to par. (4) to reflect the probable intent of Congress. See Effective Date of 2015 Amendment note below.

    Enacted provision · exact public law section
    (B) in subsection (k)(5), as redesignated by this Act, by striking “under paragraph (2)(A)” and inserting “under paragraph (3)(A)”.

76. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4002(4)(A) · 129 Stat. 1312

    Redesignated · 23 U.S.C. § 402(k)(4)

    Pub. L. 114–94, § 4002(4)(A) redesignated par. (3) as (4). Former par. (4) redesignated (5)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–94, § 4002(4)(A) redesignated par. (3) as (4). Former par. (4) redesignated (5).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;

77. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4002(4)(A) · 129 Stat. 1312

    Redesignated · 23 U.S.C. § 402(k)(5)

    Pub. L. 114–94, § 4002(4)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6)

    Source evidence

    Code amendment note
    Subsec. (k)(5). Pub. L. 114–94, § 4002(4)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;

78. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4002(4)(A) · 129 Stat. 1312

    Redesignated · 23 U.S.C. § 402(k)(6)

    Pub. L. 114–94, § 4002(4)(A), redesignated par. (5) as (6)

    Source evidence

    Code amendment note
    Subsec. (k)(6). Pub. L. 114–94, § 4002(4)(A), redesignated par. (5) as (6).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;

79. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4002(4)(C) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 402(k)(6)(A)

    Pub. L. 114–94, § 4002(4)(C), substituted “45 days” for “60 days”

    Source evidence

    Code amendment note
    Subsec. (k)(6)(A). Pub. L. 114–94, § 4002(4)(C), substituted “45 days” for “60 days”.

    Enacted provision · exact public law section
    (C) in paragraph (6)(A), as so redesignated, by striking “60 days” and inserting “45 days”; and

80. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 4002(5) · 129 Stat. 1312

    Added · 23 U.S.C. § 402(m)(2)(B)(ix); 23 U.S.C. § 402(m)(2)(B)(x)

    Pub. L. 114–94, § 4002(5), added cls. (ix) and (x)

    Source evidence

    Code amendment note
    Subsec. (m)(2)(B)(ix), (x). Pub. L. 114–94, § 4002(5), added cls. (ix) and (x).

    Enacted provision · exact public law section
    (5) in subsection (m)(2)(B)— (A) in clause (vii) by striking “and” at the end; (B) in clause (viii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: “(ix) increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities; and “(x) support for school-based driver’s education classes to improve teen knowledge about— “(I) safe driving practices; and “(II) State graduated driving license requirements, including behind-the-wheel training required to meet those requirements.” .

81. 2019

    Department of Transportation Reports Harmonization Act

    Pub. L. 115–420 § 5(a) · 132 Stat. 5444

    1. Added · 23 U.S.C. § 402(n)

       Pub. L. 115–420 added subsec. (n)

    2. Struck · 23 U.S.C. § 402(n)

       Pub. L. 115–420 struck out former subsec. (n). Prior to amendment, text read as follows: “Not later than October 1, 2015, and biennially thereafter, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that contains—

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 115–420 added subsec. (n) and struck out former subsec. (n). Prior to amendment, text read as follows: “Not later than October 1, 2015, and biennially thereafter, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that contains—

    “(1) an evaluation of each State’s performance with respect to the State’s highway safety plan under subsection (k) and performance targets set by the States in such plans; and “(2) such recommendations as the Secretary may have for improvements to activities carried out under subsection (k).”

    Enacted provision · exact public law section
    (a) DOT Reports.— Section 402 of title 23, United States Code, is amended by striking subsection (n) and inserting the following: “(n) Public Transparency.— The Secretary shall publicly release on its website information that contains each State’s performance with respect to the State’s highway safety plan under subsection (k) and performance targets set by the States in such plans. Such information shall be posted on the website within 45 calendar days of approval of a State’s highway safety plan.” .

82. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(1) · 135 Stat. 429

    1. Substituted · 23 U.S.C. § 402

       Pub. L. 117–58, § 24102(a)(1), (2), substituted “crashes” for “accidents” to reflect the probable intent of Congress

    2. Substituted · 23 U.S.C. § 402

       Pub. L. 117–58, § 24102(a)(1), (2), substituted “crash” for “accident” to reflect the probable intent of Congress

    3. Substituted · 23 U.S.C. § 402

       Pub. L. 117–58, § 24102(a)(1), (2), substituted “post-crash” for “post-accident” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Pub. L. 117–58, § 24102(a)(1), (2), substituted “crashes” for “accidents” and “crash” for “accident” wherever appearing. Amendment was executed in subsec. (a)(2)(A)(viii) by substituting “post-crash” for “post-accident” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) by striking “accidents” each place it appears and inserting “crashes”;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

83. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(3)(A) · 135 Stat. 429

    Substituted · 23 U.S.C. § 402(a)(1)

    Pub. L. 117–58, § 24102(a)(3)(A), substituted “shall have in effect a highway safety program that—” and cls. (i) to (iv) for “shall have a highway safety program, approved by the Secretary, that is designed to reduce traffic accidents and the resulting deaths, injuries, and property damage.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–58, § 24102(a)(3)(A), substituted “shall have in effect a highway safety program that—” and cls. (i) to (iv) for “shall have a highway safety program, approved by the Secretary, that is designed to reduce traffic accidents and the resulting deaths, injuries, and property damage.”

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “shall have” and all that follows through the period at the end and inserting the following: “shall have in effect a highway safety program that— “(i) is designed to reduce— “(I) traffic crashes; and “(II) deaths, injuries, and property damage resulting from those crashes; “(ii) includes— “(I) an approved, current, triennial highway safety plan in accordance with subsection (k); and “(II) an approved grant application under subsection (l) for the fiscal year; “(iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and “(iv) is approved by the Secretary.” ;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

84. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(3)(B)(i) · 135 Stat. 429

    Substituted · 23 U.S.C. § 402(a)(2)(A)(ii)

    Pub. L. 117–58, § 24102(a)(3)(B)(i), substituted “safety belts” for “occupant protection devices (including the use of safety belts and child restraint systems)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(ii). Pub. L. 117–58, § 24102(a)(3)(B)(i), substituted “safety belts” for “occupant protection devices (including the use of safety belts and child restraint systems)”.

    Enacted provision · exact public law section
    (i) in clause (ii), by striking “occupant protection devices (including the use of safety belts and child restraint systems)” and inserting “safety belts”;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

85. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(3)(B)(ii) · 135 Stat. 429

    1. Added · 23 U.S.C. § 402(a)(2)(A)(iii)(xiv)

       Pub. L. 117–58, § 24102(a)(3)(B)(ii)–(v), added cls. (iii) and (x) to (xiv)

    2. Redesignated · 23 U.S.C. § 402(a)(2)(A)(iii)(xiv)

       Pub. L. 117–58, § 24102(a)(3)(B)(ii)–(v), redesignated former cls. (iii) to (viii) as (iv) to (ix), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(iii) to (xiv). Pub. L. 117–58, § 24102(a)(3)(B)(ii)–(v), added cls. (iii) and (x) to (xiv) and redesignated former cls. (iii) to (viii) as (iv) to (ix), respectively.

    Enacted provision · exact public law section
    (ii) in clause (vii), by striking “and” at the end;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

86. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(3)(C) · 135 Stat. 429

    Added · 23 U.S.C. § 402(a)(3)

    Pub. L. 117–58, § 24102(a)(3)(C), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–58, § 24102(a)(3)(C), added par. (3).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(3) Additional considerations.— A State that has legalized medicinal or recreational marijuana shall take into consideration implementing programs in addition to the programs described in paragraph (2)(A)— “(A) to educate drivers regarding the risks associated with marijuana-impaired driving; and “(B) to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana.” ;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

87. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(4)(A) · 135 Stat. 429

    Substituted · 23 U.S.C. § 402(b)(1)

    Pub. L. 117–58, § 24102(a)(4)(A), substituted “shall” for “may” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 117–58, § 24102(a)(4)(A), substituted “shall” for “may” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding subparagraph (A), by striking “may” and inserting “shall”;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

88. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(4)(B) · 135 Stat. 429

    1. Added · 23 U.S.C. § 402(b)(1)(B)

       Pub. L. 117–58, § 24102(a)(4)(B), added subpar. (B)

    2. Struck · 23 U.S.C. § 402(b)(1)(B)

       Pub. L. 117–58, § 24102(a)(4)(B), struck out former subpar. (B) which read as follows: “authorize political subdivisions of the State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the minimum standards established by the Secretary under this section;”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 117–58, § 24102(a)(4)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “authorize political subdivisions of the State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the minimum standards established by the Secretary under this section;”.

    Enacted provision · exact public law section
    (B) by striking subparagraph (B) and inserting the following: “(B) provide for a comprehensive, data-driven traffic safety program that results from meaningful public participation and engagement from affected communities, particularly those most significantly impacted by traffic crashes resulting in injuries and fatalities;” ;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

89. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(4)(C) · 135 Stat. 429

    Struck · 23 U.S.C. § 402(b)(1)(C)

    Pub. L. 117–58, § 24102(a)(4)(C), struck out “authorized in accordance with subparagraph (B)” after “local highway safety programs”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 117–58, § 24102(a)(4)(C), struck out “authorized in accordance with subparagraph (B)” after “local highway safety programs”.

    Enacted provision · exact public law section
    (C) in subparagraph (C), by striking “authorized in accordance with subparagraph (B)”;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

90. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(4)(D) · 135 Stat. 429

    Substituted · 23 U.S.C. § 402(b)(1)(D)

    Pub. L. 117–58, § 24102(a)(4)(D), substituted “, including those with disabilities and those in wheelchairs” for “with disabilities, including those in wheelchairs”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 117–58, § 24102(a)(4)(D), substituted “, including those with disabilities and those in wheelchairs” for “with disabilities, including those in wheelchairs”.

    Enacted provision · exact public law section
    (D) in subparagraph (D), by striking “with disabilities, including those in wheelchairs” and inserting “, including those with disabilities and those in wheelchairs”;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

91. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(4)(E) · 135 Stat. 429

    1. Added · 23 U.S.C. § 402(b)(1)(E)

       Pub. L. 117–58, § 24102(a)(4)(E), added subpar. (E)

    2. Struck · 23 U.S.C. § 402(b)(1)(E)

       Pub. L. 117–58, § 24102(a)(4)(E), struck out former subpar. (E) which read as follows: “beginning on the first day of the first fiscal year after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012 for which a State submits its highway safety plan under subsection (k), provide for a data-driven traffic safety enforcement program to prevent traffic violations, crashes, and crash fatalities and injuries in areas most at risk for such incidents, to the satisfaction of the Secretary;”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E). Pub. L. 117–58, § 24102(a)(4)(E), added subpar. (E) and struck out former subpar. (E) which read as follows: “beginning on the first day of the first fiscal year after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012 for which a State submits its highway safety plan under subsection (k), provide for a data-driven traffic safety enforcement program to prevent traffic violations, crashes, and crash fatalities and injuries in areas most at risk for such incidents, to the satisfaction of the Secretary;”.

    Enacted provision · exact public law section
    (E) by striking subparagraph (E) and inserting the following: “(E) as part of a comprehensive program, support— “(i) data-driven traffic safety enforcement programs that foster effective community collaboration to increase public safety; and “(ii) data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and inform traffic enforcement policies, procedures, and activities; and” ; and

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

92. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(4)(F)(i) · 135 Stat. 429

    Substituted · 23 U.S.C. § 402(b)(1)(F)(i)

    Pub. L. 117–58, § 24102(a)(4)(F)(i), substituted “national, high-visibility” for “national law enforcement mobilizations and high-visibility”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(F)(i). Pub. L. 117–58, § 24102(a)(4)(F)(i), substituted “national, high-visibility” for “national law enforcement mobilizations and high-visibility”.

    Enacted provision · exact public law section
    (i) in clause (i), by striking “national law enforcement mobilizations and high-visibility” and inserting “national, high-visibility”;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

93. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(4)(F)(ii) · 135 Stat. 429

    Added · 23 U.S.C. § 402(b)(1)(F)(vi)

    Pub. L. 117–58, § 24102(a)(4)(F)(ii)–(iv), added cl. (vi)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(F)(vi). Pub. L. 117–58, § 24102(a)(4)(F)(ii)–(iv), added cl. (vi).

    Enacted provision · exact public law section
    (ii) in clause (iv), by striking “and” after the semicolon at the end;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

94. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(5)(A) · 135 Stat. 429

    1. Substituted · 23 U.S.C. § 402(c)(1)

       Pub. L. 117–58, § 24102(a)(5)(A), substituted “Use for state activities” for “In general” in par. heading; designated existing provisions as subpar. (A)

    2. Inserted · 23 U.S.C. § 402(c)(1)

       Pub. L. 117–58, § 24102(a)(5)(A), inserted subpar. heading

    3. Substituted · 23 U.S.C. § 402(c)(1)

       Pub. L. 117–58, § 24102(a)(5)(A), substituted “The funds authorized” for “Funds authorized”;

    4. Added · 23 U.S.C. § 402(c)(1)

       Pub. L. 117–58, § 24102(a)(5)(A), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 117–58, § 24102(a)(5)(A), substituted “Use for state activities” for “In general” in par. heading; designated existing provisions as subpar. (A), inserted subpar. heading, and substituted “The funds authorized” for “Funds authorized”; and added subpar. (B).

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by striking the paragraph designation and heading and all that follows through “Funds authorized” and inserting the following: “(1) Use for state activities.— “(A) In general.— The funds authorized” ; and (ii) by adding at the end the following: “(B) Neighboring states.— A State, acting in cooperation with any neighboring State, may use funds provided under this section for a highway safety program that may confer a benefit on the neighboring State.” ;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

95. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(5)(B) · 135 Stat. 429

    1. Added · 23 U.S.C. § 402(c)(2); 23 U.S.C. § 402(c)(3)

       Pub. L. 117–58, § 24102(a)(5)(B), added pars. (2) and (3)

    2. Struck · 23 U.S.C. § 402(c)(2); 23 U.S.C. § 402(c)(3)

       Pub. L. 117–58, § 24102(a)(5)(B), struck out former pars. (2) and (3) which related to apportionment and reapportionment of funds for highway safety programs, respectively

    Source evidence

    Code amendment note
    Subsec. (c)(2), (3). Pub. L. 117–58, § 24102(a)(5)(B), added pars. (2) and (3) and struck out former pars. (2) and (3) which related to apportionment and reapportionment of funds for highway safety programs, respectively.

    Enacted provision · exact public law section
    (B) by striking paragraphs (2) and (3) and inserting the following: “(2) Apportionment to states.— “(A) Definition of public road.— In this paragraph, the term ‘public road’ means any road that is— “(i) subject to the jurisdiction of, and maintained by, a public authority; and “(ii) held open to public travel. “(B) Apportionment.— “(i) In general.— Except for the amounts identified in section 403(f) and the amounts subject to subparagraph (C), of the funds made available under this section— “(I) 75 percent shall be apportioned to each State based on the ratio that, as determined by the most recent decennial census— “(aa) the population of the State; bears to “(bb) the total population of all States; and “(II) 25 percent shall be apportioned to each State based on the ratio that, subject to clause (ii)— “(aa) the public road mileage in each State; bears to “(bb) the total public road mileage in all States. “(ii) Calculation.— For purposes of clause (i)(II), public road mileage shall be— “(I) determined as of the end of the calendar year preceding the year during which the funds are apportioned; “(II) certified by the Governor of the State; and “(III) subject to approval by the Secretary. “(C) Minimum apportionments.— The annual apportionment under this section to— “(i) each State shall be not less than ¾ of 1 percent of the total apportionment; “(ii) the Secretary of the Interior shall be not less than 2 percent of the total apportionment; and “(iii) the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than ¼ of 1 percent of the total apportionment. “(D) Penalty.— “(i) In general.— The funds apportioned under this section to a State that does not have approved or in effect a highway safety program described in subsection (a)(1) shall be reduced by an amount equal to not less than 20 percent of the amount that would otherwise be apportioned to the State under this section, until the date on which the Secretary, as applicable— “(I) approves such a highway safety program; or “(II) determines that the State is implementing such a program. “(ii) Factor for consideration.— In determining the amount of the reduction in funds apportioned to a State under this subparagraph, the Secretary shall take into consideration the gravity of the failure by the State to secure approval, or to implement, a highway safety program described in subsection (a)(1). “(E) Limitations.— “(i) In general.— A highway safety program approved by the Secretary shall not include any requirement that a State shall implement such a program by adopting or enforcing any law, rule, or regulation based on a guideline promulgated by the Secretary under this section requiring any motorcycle operator aged 18 years or older, or a motorcycle passenger aged 18 years or older, to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. “(ii) Effect of guidelines.— Nothing in this section requires a State highway safety program to require compliance with every uniform guideline, or with every element of every uniform guideline, in every State. “(3) Reapportionment.— “(A) In general.— The Secretary shall promptly apportion to a State any funds withheld from the State under paragraph (2)(D) if the Secretary makes an approval or determination, as applicable, described in that paragraph by not later than July 31 of the fiscal year for which the funds were withheld. “(B) Continuing state failure.— If the Secretary determines that a State fails to correct a failure to have approved or in effect a highway safety program described in subsection (a)(1) by the date described in subparagraph (A), the Secretary shall reapportion the funds withheld from that State under paragraph (2)(D) for the fiscal year to the other States in accordance with the formula described in paragraph (2)(B) by not later than the last day of the fiscal year.” ; and

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

96. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(5)(C) · 135 Stat. 429

    1. Redesignated · 23 U.S.C. § 402(c)(4)

       Pub. L. 117–58, § 24102(a)(5)(C), redesignated subpars. (A) and (B) as (B) and (A), respectively

    2. Added · 23 U.S.C. § 402(c)(4)

       Pub. L. 117–58, § 24102(a)(5)(C), added subpars. (C) and (D)

    3. Struck · 23 U.S.C. § 402(c)(4)

       Pub. L. 117–58, § 24102(a)(5)(C), struck out former subpar. (C) which required a State with an automated traffic enforcement system to conduct a biennial survey that the Secretary would make publicly available through the Internet Web site of the Department of Transportation

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 117–58, § 24102(a)(5)(C), redesignated subpars. (A) and (B) as (B) and (A), respectively, added subpars. (C) and (D), and struck out former subpar. (C) which required a State with an automated traffic enforcement system to conduct a biennial survey that the Secretary would make publicly available through the Internet Web site of the Department of Transportation.

    Enacted provision · exact public law section
    (C) in paragraph (4)— (i) by striking subparagraph (C); (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (A), respectively, and moving the subparagraphs so as to appear in alphabetical order; and (iii) by adding at the end the following: “(C) Special rule for school and work zones.— Notwithstanding subparagraph (B), a State may expend funds apportioned to the State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system in a work zone or school zone. “(D) Automated traffic enforcement system guidelines.— An automated traffic enforcement system installed pursuant to subparagraph (C) shall comply with such guidelines applicable to speed enforcement camera systems and red light camera systems as are established by the Secretary.” ;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

97. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(6)(A) · 135 Stat. 429

    Substituted · 23 U.S.C. § 402(k)

    Pub. L. 117–58, § 24102(a)(6)(A), substituted “Triennial Highway Safety Plan” for “Highway Safety Plan and Reporting Requirements” in heading

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 117–58, § 24102(a)(6)(A), substituted “Triennial Highway Safety Plan” for “Highway Safety Plan and Reporting Requirements” in heading.

    Enacted provision · exact public law section
    (A) by striking the subsection designation and heading and all that follows through “thereafter” in paragraph (1) and inserting the following: “(k) Triennial Highway Safety Plan.— “(1) In general.— For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter” ;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

98. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(6)(A) · 135 Stat. 429

    1. Substituted · 23 U.S.C. § 402(k)(1)

       Pub. L. 117–58, § 24102(a)(6)(A), (B), reenacted heading without change and substituted “For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter” for “With respect to fiscal year 2014, and each fiscal year thereafter”

    2. Substituted · 23 U.S.C. § 402(k)(1)

       Pub. L. 117–58, § 24102(a)(6)(A), (B), reenacted heading without change and substituted “for the 3 fiscal years covered by the plan, to develop and submit to the Secretary for approval a triennial highway safety plan” for “for that fiscal year, to develop and submit to the Secretary for approval a highway safety plan”

    Source evidence

    Code amendment note
    Subsec. (k)(1). Pub. L. 117–58, § 24102(a)(6)(A), (B), reenacted heading without change and substituted “For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter” for “With respect to fiscal year 2014, and each fiscal year thereafter” and “for the 3 fiscal years covered by the plan, to develop and submit to the Secretary for approval a triennial highway safety plan” for “for that fiscal year, to develop and submit to the Secretary for approval a highway safety plan”.

    Enacted provision · exact public law section
    (A) by striking the subsection designation and heading and all that follows through “thereafter” in paragraph (1) and inserting the following: “(k) Triennial Highway Safety Plan.— “(1) In general.— For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter” ;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

99. 2021

    Surface Transportation Investment Act of 2021

    Pub. L. 117–58 § 24102(a)(6)(C) · 135 Stat. 429

    1. Added · 23 U.S.C. § 402(k)(2)

       Pub. L. 117–58, § 24102(a)(6)(C), added par. (2)

    2. Struck · 23 U.S.C. § 402(k)(2)

       Pub. L. 117–58, § 24102(a)(6)(C), struck out former par. (2). Prior to amendment, text read as follows: “Each State shall submit to the Secretary the highway safety plan not later than July 1st of the fiscal year preceding the fiscal year to which the plan applies.”

    Source evidence

    Code amendment note
    Subsec. (k)(2). Pub. L. 117–58, § 24102(a)(6)(C), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Each State shall submit to the Secretary the highway safety plan not later than July 1st of the fiscal year preceding the fiscal year to which the plan applies.”

    Enacted provision · exact public law section
    (C) by striking paragraph (2) and inserting the following: “(2) Timing.— Each State shall submit to the Secretary a triennial highway safety plan by not later than July 1 of the fiscal year preceding the first fiscal year covered by the plan.” ;

    Effective date note
    Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

100. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(D) · 135 Stat. 429

     Inserted · 23 U.S.C. § 402(k)(3)

     Pub. L. 117–58, § 24102(a)(6)(D), inserted “triennial” before “highway”

     Source evidence

     Code amendment note
     Subsec. (k)(3). Pub. L. 117–58, § 24102(a)(6)(D), inserted “triennial” before “highway”.

     Enacted provision · exact public law section
     (D) in paragraph (3), by inserting “triennial” before “highway”;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

101. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(E)(i) · 135 Stat. 429

     1. Substituted · 23 U.S.C. § 402(k)(4)(A)

        Pub. L. 117–58, § 24102(a)(6)(E)(i), in introductory provisions, substituted “Each State triennial highway safety plan” for “State highway safety plans”

     2. Inserted · 23 U.S.C. § 402(k)(4)(A)

        Pub. L. 117–58, § 24102(a)(6)(E)(i), in introductory provisions, inserted “, with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2)” after “include”

     Source evidence

     Code amendment note
     Subsec. (k)(4)(A). Pub. L. 117–58, § 24102(a)(6)(E)(i), in introductory provisions, substituted “Each State triennial highway safety plan” for “State highway safety plans” and inserted “, with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2)” after “include”.

     Enacted provision · exact public law section
     (i) in the matter preceding subparagraph (A)— (I) by striking “State highway safety plans” and inserting “Each State triennial highway safety plan”; and (II) by inserting “, with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2)” after “include”;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

102. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(E)(ii) · 135 Stat. 429

     Substituted · 23 U.S.C. § 402(k)(4)(A)(ii)

     Pub. L. 117–58, § 24102(a)(6)(E)(ii), substituted “performance targets that demonstrate constant or improved performance” for “annual performance targets”

     Source evidence

     Code amendment note
     Subsec. (k)(4)(A)(ii). Pub. L. 117–58, § 24102(a)(6)(E)(ii), substituted “performance targets that demonstrate constant or improved performance” for “annual performance targets”.

     Enacted provision · exact public law section
     (ii) in subparagraph (A)(ii), by striking “annual performance targets” and inserting “performance targets that demonstrate constant or improved performance”;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

103. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(E)(iii) · 135 Stat. 429

     1. Added · 23 U.S.C. § 402(k)(4)(B)

        Pub. L. 117–58, § 24102(a)(6)(E)(iii), added subpar. (B)

     2. Struck · 23 U.S.C. § 402(k)(4)(B)

        Pub. L. 117–58, § 24102(a)(6)(E)(iii), struck out former subpar. (B) which read as follows: “a strategy for programming funds apportioned to the State under this section on projects and activities that will allow the State to meet the performance targets described in subparagraph (A);”

     Source evidence

     Code amendment note
     Subsec. (k)(4)(B). Pub. L. 117–58, § 24102(a)(6)(E)(iii), added subpar. (B) and struck out former subpar. (B) which read as follows: “a strategy for programming funds apportioned to the State under this section on projects and activities that will allow the State to meet the performance targets described in subparagraph (A);”.

     Enacted provision · exact public law section
     (iii) by striking subparagraph (B) and inserting the following: “(B) a countermeasure strategy for programming funds under this section for projects that will allow the State to meet the performance targets described in subparagraph (A), including a description— “(i) that demonstrates the link between the effectiveness of each proposed countermeasure strategy and those performance targets; and “(ii) of the manner in which each countermeasure strategy is informed by uniform guidelines issued by the Secretary;” ;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

104. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(E)(iv) · 135 Stat. 429

     Struck and inserted · 23 U.S.C. § 402(k)(4)(D)

     Pub. L. 117–58, § 24102(a)(6)(E)(iv), struck out “, State, local, or private” after “any Federal” and inserted “and” after semicolon at end

     Source evidence

     Code amendment note
     Subsec. (k)(4)(D). Pub. L. 117–58, § 24102(a)(6)(E)(iv), struck out “, State, local, or private” after “any Federal” and inserted “and” after semicolon at end.

     Enacted provision · exact public law section
     (iv) in subparagraph (D)— (I) by striking “, State, local, or private”; and (II) by inserting “and” after the semicolon at the end;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

105. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(E)(v) · 135 Stat. 429

     1. Struck · 23 U.S.C. § 402(k)(4)(E)

        Pub. L. 117–58, § 24102(a)(6)(E)(v), struck out “for the fiscal year preceding the fiscal year to which the plan applies,” before “a report”

     2. Substituted · 23 U.S.C. § 402(k)(4)(E)

        Pub. L. 117–58, § 24102(a)(6)(E)(v), substituted “performance targets set forth in the most recently submitted highway safety plan.” for “performance targets set forth in the previous year’s highway safety plan; and”

     Source evidence

     Code amendment note
     Subsec. (k)(4)(E). Pub. L. 117–58, § 24102(a)(6)(E)(v), struck out “for the fiscal year preceding the fiscal year to which the plan applies,” before “a report” and substituted “performance targets set forth in the most recently submitted highway safety plan.” for “performance targets set forth in the previous year’s highway safety plan; and”.

     Enacted provision · exact public law section
     (v) in subparagraph (E)— (I) by striking “for the fiscal year preceding the fiscal year to which the plan applies,”; and (II) by striking “performance targets set forth in the previous year’s highway safety plan; and” and inserting “performance targets set forth in the most recently submitted highway safety plan.”; and

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

106. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(E)(vi) · 135 Stat. 429

     Struck · 23 U.S.C. § 402(k)(4)(F)

     Pub. L. 117–58, § 24102(a)(6)(E)(vi), struck out subpar. (F) which read as follows: “an application for any additional grants available to the State under this chapter.”

     Source evidence

     Code amendment note
     Subsec. (k)(4)(F). Pub. L. 117–58, § 24102(a)(6)(E)(vi), struck out subpar. (F) which read as follows: “an application for any additional grants available to the State under this chapter.”

     Enacted provision · exact public law section
     (vi) by striking subparagraph (F);

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

107. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(F) · 135 Stat. 429

     1. Added · 23 U.S.C. § 402(k)(5)

        Pub. L. 117–58, § 24102(a)(6)(F), added par. (5)

     2. Struck · 23 U.S.C. § 402(k)(5)

        Pub. L. 117–58, § 24102(a)(6)(F), struck out former par. (5). Prior to amendment, text read as follows: “For the first highway safety plan submitted under this subsection, the performance measures required by the Secretary under paragraph (3)(A) shall be limited to those developed by the National Highway Traffic Safety Administration and the Governor’s Highway Safety Association and described in the report, ‘Traffic Safety Performance Measures for States and Federal Agencies’ (DOT HS 811 025). For subsequent highway safety plans, the Secretary shall coordinate with the Governor’s Highway Safety Association in making revisions to the set of required performance measures.”

     Source evidence

     Code amendment note
     Subsec. (k)(5). Pub. L. 117–58, § 24102(a)(6)(F), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “For the first highway safety plan submitted under this subsection, the performance measures required by the Secretary under paragraph (3)(A) shall be limited to those developed by the National Highway Traffic Safety Administration and the Governor’s Highway Safety Association and described in the report, ‘Traffic Safety Performance Measures for States and Federal Agencies’ (DOT HS 811 025). For subsequent highway safety plans, the Secretary shall coordinate with the Governor’s Highway Safety Association in making revisions to the set of required performance measures.”

     Enacted provision · exact public law section
     (F) by striking paragraph (5) and inserting the following: “(5) Performance measures.— The Secretary shall develop minimum performance measures under paragraph (4)(A) in consultation with the Governors Highway Safety Association.” ; and

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

108. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(G)(i) · 135 Stat. 429

     Inserted · 23 U.S.C. § 402(k)(6)

     Pub. L. 117–58, § 24102(a)(6)(G)(i), inserted “triennial” before “highway” in heading

     Source evidence

     Code amendment note
     Subsec. (k)(6). Pub. L. 117–58, § 24102(a)(6)(G)(i), inserted “triennial” before “highway” in heading.

     Enacted provision · exact public law section
     (i) in the paragraph heading, by inserting “triennial” before “highway”;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

109. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(G)(iv) · 135 Stat. 429

     1. Added · 23 U.S.C. § 402(k)(6)(A)

        Pub. L. 117–58, § 24102(a)(6)(G)(iv), added subpar. (A)

     2. Struck · 23 U.S.C. § 402(k)(6)(A)

        Pub. L. 117–58, § 24102(a)(6)(G)(iv), struck out former subpar. (A). Prior to amendment, text read as follows: “Not later than 45 days after the date on which a State’s highway safety plan is received by the Secretary, the Secretary shall review and approve or disapprove the plan.”

     Source evidence

     Code amendment note
     Subsec. (k)(6)(A). Pub. L. 117–58, § 24102(a)(6)(G)(iv), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “Not later than 45 days after the date on which a State’s highway safety plan is received by the Secretary, the Secretary shall review and approve or disapprove the plan.”

     Enacted provision · exact public law section
     (iv) by striking subparagraph (A) and inserting the following: “(A) In general.— Except as provided in subparagraph (B), the Secretary shall review and approve or disapprove a triennial highway safety plan of a State by not later than 60 days after the date on which the plan is received by the Secretary. “(B) Additional information.— “(i) In general.— The Secretary may request a State to submit to the Secretary such additional information as the Secretary determines to be necessary for review of the triennial highway safety plan of the State. “(ii) Extension of deadline.— On providing to a State a request for additional information under clause (i), the Secretary may extend the deadline to approve or disapprove the triennial highway safety plan of the State under subparagraph (A) for not more than an additional 90 days, as the Secretary determines to be necessary to accommodate that request, subject to clause (iii). “(iii) Timing.— Any additional information requested under clause (i) shall be submitted to the Secretary by not later than 7 business days after the date of receipt by the State of the request.” ;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

110. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(G)(iv) · 135 Stat. 429

     Redesignated · 23 U.S.C. § 402(k)(6)(B)

     Pub. L. 117–58, § 24102(a)(6)(G)(iv), added subpar. (B). Former subpar. (B) redesignated (C)

     Source evidence

     Code amendment note
     Subsec. (k)(6)(B). Pub. L. 117–58, § 24102(a)(6)(G)(iv), added subpar. (B). Former subpar. (B) redesignated (C).

     Enacted provision · exact public law section
     (iv) by striking subparagraph (A) and inserting the following: “(A) In general.— Except as provided in subparagraph (B), the Secretary shall review and approve or disapprove a triennial highway safety plan of a State by not later than 60 days after the date on which the plan is received by the Secretary. “(B) Additional information.— “(i) In general.— The Secretary may request a State to submit to the Secretary such additional information as the Secretary determines to be necessary for review of the triennial highway safety plan of the State. “(ii) Extension of deadline.— On providing to a State a request for additional information under clause (i), the Secretary may extend the deadline to approve or disapprove the triennial highway safety plan of the State under subparagraph (A) for not more than an additional 90 days, as the Secretary determines to be necessary to accommodate that request, subject to clause (iii). “(iii) Timing.— Any additional information requested under clause (i) shall be submitted to the Secretary by not later than 7 business days after the date of receipt by the State of the request.” ;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

111. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(G)(ii) · 135 Stat. 429

     1. Redesignated · 23 U.S.C. § 402(k)(6)(C)

        Pub. L. 117–58, § 24102(a)(6)(G)(ii), (iii), redesignated subpar. (B) as (C)

     2. Redesignated · 23 U.S.C. § 402(k)(6)(C)

        Pub. L. 117–58, § 24102(a)(6)(G)(ii), (iii), inserted “triennial” before “highway” in two places. Former subpar. (C) redesignated (D)

     Source evidence

     Code amendment note
     Subsec. (k)(6)(C). Pub. L. 117–58, § 24102(a)(6)(G)(ii), (iii), redesignated subpar. (B) as (C) and inserted “triennial” before “highway” in two places. Former subpar. (C) redesignated (D).

     Enacted provision · exact public law section
     (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

112. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(6)(G)(ii) · 135 Stat. 429

     1. Redesignated · 23 U.S.C. § 402(k)(6)(D)(F)

        Pub. L. 117–58, § 24102(a)(6)(G)(ii), (iii), redesignated subpars. (C) to (E) as (D) to (F), respectively

     2. Inserted · 23 U.S.C. § 402(k)(6)(D)(F)

        Pub. L. 117–58, § 24102(a)(6)(G)(ii), (iii), inserted “triennial” before “highway”

     Source evidence

     Code amendment note
     Subsec. (k)(6)(D) to (F). Pub. L. 117–58, § 24102(a)(6)(G)(ii), (iii), redesignated subpars. (C) to (E) as (D) to (F), respectively, and inserted “triennial” before “highway”.

     Enacted provision · exact public law section
     (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

113. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(7) · 135 Stat. 429

     Added · 23 U.S.C. § 402(l)

     Pub. L. 117–58, § 24102(a)(7), added subsec. (l)

     Source evidence

     Code amendment note
     Subsec. (l). Pub. L. 117–58, § 24102(a)(7), added subsec. (l).

     Enacted provision · exact public law section
     (7) by inserting after subsection (k) the following: “(l) Annual Grant Application and Reporting Requirements.— “(1) Annual grant application.— “(A) In general.— To be eligible to receive grant funds under this chapter for a fiscal year, each State shall submit to the Secretary an annual grant application that, as determined by the Secretary— “(i) demonstrates alignment with the approved triennial highway safety plan of the State; and “(ii) complies with the requirements under this subsection. “(B) Timing.— The deadline for submission of annual grant applications under this paragraph shall be determined by the Secretary in accordance with section 406(d)(2). “(C) Contents.— An annual grant application under this paragraph shall include, at a minimum— “(i) such updates, as necessary, to any analysis included in the triennial highway safety plan of the State; “(ii) an identification of each project and subrecipient to be funded by the State using the grants during the upcoming grant year, subject to the condition that the State shall separately submit, on a date other than the date of submission of the annual grant application, a description of any projects or subrecipients to be funded, as that information becomes available; “(iii) a description of the means by which the strategy of the State to use grant funds was adjusted and informed by the previous report of the State under paragraph (2); and “(iv) an application for any additional grants available to the State under this chapter. “(D) Review.— The Secretary shall review and approve or disapprove an annual grant application under this paragraph by not later than 60 days after the date of submission of the application. “(2) Reporting requirements.— Not later than 120 days after the end of each fiscal year for which a grant is provided to a State under this chapter, the State shall submit to the Secretary an annual report that includes— “(A) an assessment of the progress made by the State in achieving the performance targets identified in the triennial highway safety plan of the State, based on the most currently available Fatality Analysis Reporting System data; and “(B) (i) a description of the extent to which progress made in achieving those performance targets is aligned with the triennial highway safety plan of the State; and “(ii) if applicable, any plans of the State to adjust a strategy for programming funds to achieve the performance targets.” ;

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

114. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(8) · 135 Stat. 429

     Substituted · 23 U.S.C. § 402(m)(1)

     Pub. L. 117–58, § 24102(a)(8), substituted “the applicable triennial highway safety plan of the State” for “a State’s highway safety plan”

     Source evidence

     Code amendment note
     Subsec. (m)(1). Pub. L. 117–58, § 24102(a)(8), substituted “the applicable triennial highway safety plan of the State” for “a State’s highway safety plan”.

     Enacted provision · exact public law section
     (8) in subsection (m)(1), by striking “a State’s highway safety plan” and inserting “the applicable triennial highway safety plan of the State”; and

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

115. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24102(a)(9) · 135 Stat. 429

     1. Added · 23 U.S.C. § 402(n)

        Pub. L. 117–58, § 24102(a)(9), added subsec. (n)

     2. Struck · 23 U.S.C. § 402(n)

        Pub. L. 117–58, § 24102(a)(9), struck out former subsec. (n). Prior to amendment, text read as follows: “The Secretary shall publicly release on its website information that contains each State’s performance with respect to the State’s highway safety plan under subsection (k) and performance targets set by the States in such plans. Such information shall be posted on the website within 45 calendar days of approval of a State’s highway safety plan.”

     Source evidence

     Code amendment note
     Subsec. (n). Pub. L. 117–58, § 24102(a)(9), added subsec. (n) and struck out former subsec. (n). Prior to amendment, text read as follows: “The Secretary shall publicly release on its website information that contains each State’s performance with respect to the State’s highway safety plan under subsection (k) and performance targets set by the States in such plans. Such information shall be posted on the website within 45 calendar days of approval of a State’s highway safety plan.”

     Enacted provision · exact public law section
     (9) by striking subsection (n) and inserting the following: “(n) Public Transparency.— “(1) In general.— The Secretary shall publicly release on a Department of Transportation website, by not later than 45 calendar days after the applicable date of availability— “(A) each triennial highway safety plan approved by the Secretary under subsection (k); “(B) each State performance target under subsection (k); and “(C) an evaluation of State achievement of applicable performance targets under subsection (k). “(2) State highway safety plan website.— “(A) In general.— In carrying out paragraph (1), the Secretary shall establish a public website that is easily accessible, navigable, and searchable for the information required under that paragraph, in order to foster greater transparency in approved State highway safety programs. “(B) Contents.— The website established under subparagraph (A) shall— “(i) include the applicable triennial highway safety plan, and the annual report, of each State submitted to, and approved by, the Secretary under subsection (k); and “(ii) provide a means for the public to search the website for State highway safety program content required under subsection (k), including— “(I) performance measures required by the Secretary; “(II) progress made toward meeting the applicable performance targets during the preceding program year; “(III) program areas and expenditures; and “(IV) a description of any sources of funds, other than funds provided under this section, that the State proposes to use to carry out the triennial highway safety plan of the State.” .

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

116. 2021

     Surface Transportation Investment Act of 2021

     Pub. L. 117–58 § 24222(b) · 135 Stat. 429

     Added · 23 U.S.C. § 402(o)

     Pub. L. 117–58, § 24222(b), added subsec. (o)

     Source evidence

     Code amendment note
     Subsec. (o). Pub. L. 117–58, § 24222(b), added subsec. (o).

     Enacted provision · exact public law section
     (b) Awareness of Children in Motor Vehicles.— Section 402 of title 23, United States Code (as amended by section 24102(a)(9)), is amended by adding at the end the following: “(o) Unattended Passengers.— “(1) In general.— Each State shall use a portion of the amounts received by the State under this section to carry out a program to educate the public regarding the risks of leaving a child or unattended passenger in a vehicle after the vehicle motor is deactivated by the operator. “(2) Program placement.— Nothing in this subsection requires a State to carry out a program described in paragraph (1) through the State transportation or highway safety office.” .

     Effective date note
     Pub. L. 117–58, div. B, title IV, § 24102(b), Nov. 15, 2021, 135 Stat. 792, provided that: “The amendments made by subsection (a) [amending this section] shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.”

161 of 162 references resolved to an enrolled provision · 1 partial