Pub. L. 117–58, div. B, title IV, § 24105(a), (c),
§ 405. National priority safety programs
(a)
(1)
(A) manage programs to address national priorities for reducing highway deaths and injuries; and
(B) allocate funds for the purpose described in subparagraph (A) in accordance with this subsection.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(b)
(1)
(2)
(3)
(A)
(i) submits an occupant protection plan during the first fiscal year;
(ii) participates in the Click It or Ticket national mobilization;
(iii) has an active network of child restraint inspection stations; and
(iv) has a plan to recruit, train, and maintain a sufficient number of child passenger safety technicians.
(B)
(i) the State meets all of the requirements under clauses (i) through (iv) of subparagraph (A); and
(ii) the Secretary determines that the State meets at least 3 of the following criteria:
(I) The State conducts sustained (on-going and periodic) seat belt enforcement at a defined level of participation during the year.
(II) The State has enacted and enforces a primary enforcement seat belt use law.
(III) The State has implemented countermeasure programs for high-risk populations, such as drivers on rural roadways, unrestrained nighttime drivers, or teenage drivers.
(IV) The State has enacted and enforces occupant protection laws requiring front and rear occupant protection use by all occupants in an age-appropriate restraint.
(V) The State has implemented a comprehensive occupant protection program in which the State has—
(aa) conducted a program assessment;
(bb) developed a statewide strategic plan;
(cc) designated an occupant protection coordinator; and
(dd) established a statewide occupant protection task force.
(VI) The State—
(aa) completed an assessment of its occupant protection program during the 5-year period preceding the grant year; or
(bb) will conduct such an assessment during the first year of the grant.
(4)
(A)
(i) carry out a program to support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement;
(ii) carry out a program to train occupant protection safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child restraints and occupant protection;
(iii) carry out a program to educate the public concerning the proper use and installation of child restraints, including related equipment and information systems;
(iv) carry out a program to provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints;
(v) implement programs—
(I) to recruit and train nationally certified child passenger safety technicians among police officers, fire and other first responders, emergency medical personnel, and other individuals or organizations serving low-income and underserved populations;
(II) to educate parents and caregivers in low-income and underserved populations regarding the importance of proper use and correct installation of child restraints on every trip in a motor vehicle; and
(III) to purchase and distribute child restraints to low-income and underserved populations; and
(vi) establish and maintain information systems containing data concerning occupant protection, including the collection and administration of child passenger safety and occupant protection surveys.
(B)
(i) under paragraph (3)(A) shall use—
(I) not more than 90 percent of those funds to carry out a project or activity eligible for funding under section 402; and
(II) not less than 10 percent of those funds to carry out subparagraph (A)(v); and
(ii) under paragraph (3)(B) shall use not less than 10 percent of those funds to carry out the activities described in subparagraph (A)(v).
(5)
(6)
(A)
(i) designed for use in a motor vehicle to restrain, seat, or position children who weigh 65 pounds (30 kilograms) or less; and
(ii) certified to the Federal motor vehicle safety standard prescribed by the National Highway Traffic Safety Administration for child restraints.
(B)
(i) with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and
(ii) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.
(c)
(1)
(A) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the State safety data that is needed to identify priorities for Federal, State, and local highway and traffic safety programs;
(B) evaluate the effectiveness of efforts to make such improvements;
(C) link the State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data;
(D) improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States, including the National EMS Information System;
(E) enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances.
(2)
(3)
(A) has certified to the Secretary that the State—
(i) has a functioning traffic records coordinating committee (referred to in this paragraph as “TRCC”) that meets at least 3 times each year;
(ii) has designated a TRCC coordinator; and
(iii) has established a State traffic record strategic plan that has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the State’s core safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle databases; and
(B) has demonstrated quantitative progress in relation to the significant data program attribute of—
(i) accuracy;
(ii) completeness;
(iii) timeliness;
(iv) uniformity;
(v) accessibility; or
(vi) integration of a core highway safety database.
(4)
(A) software or applications to identify, collect, and report data to State and local government agencies, and enter data into State core highway safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle data;
(B) purchasing equipment to improve a process by which data are identified, collated, and reported to State and local government agencies, including technology for use by law enforcement for near-real time, electronic reporting of crash data;
(C) improving the compatibility and interoperability of the core highway safety databases of the State with national data systems and data systems of other States, including the National EMS Information System;
(D) enhancing the ability of a State and the Secretary to observe and analyze local, State, and national trends in crash occurrences, rates, outcomes, and circumstances;
(E) supporting traffic records improvement training and expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals;
(F) hiring traffic records professionals for the purpose of improving traffic information systems (including a State Fatal Accident Reporting System (FARS) liaison);
(G) adoption of the Model Minimum Uniform Crash Criteria, or providing to the public information regarding why any of those criteria will not be used, if applicable;
(H) supporting reporting criteria relating to emerging topics, including—
(i) impaired driving as a result of drug, alcohol, or polysubstance consumption; and
(ii) advanced technologies present on motor vehicles; and
(I) conducting research relating to State traffic safety information systems, including developing programs to improve core highway safety databases and processes by which data are identified, collected, reported to State and local government agencies, and entered into State core safety databases.
(5)
(6)
(A)
(B)
(d)
(1)
(A) effective programs to reduce driving under the influence of alcohol, drugs, or the combination of alcohol and drugs; or
(B) alcohol-ignition interlock laws.
(2)
(3)
(A)
(B)
(i) a statewide impaired driving task force in the State developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or
(ii) the State will convene a statewide impaired driving task force to develop such a plan during the first year of the grant.
(C)
(i)(I) conducted an assessment of the State’s impaired driving program during the most recent 3 calendar years; or
(II) will conduct such an assessment during the first year of the grant;
(ii) convenes, during the first year of the grant, a statewide impaired driving task force to develop a statewide plan that—
(I) addresses any recommendations from the assessment conducted under clause (i);
(II) includes a detailed plan for spending any grant funds provided under this subsection; and
(III) describes how such spending supports the statewide program; and
(iii)(I) submits the statewide plan to the National Highway Traffic Safety Administration during the first year of the grant for the agency’s review and approval;
(II) annually updates the statewide plan in each subsequent year of the grant; and
(III) submits each updated statewide plan for the agency’s review and comment.
(4)
(A)
(i) high-visibility enforcement efforts; and
(ii) any of the activities described in subparagraph (B) if—
(I) the activity is described in the statewide plan; and
(II) the Secretary approves the use of funding for such activity.
(B)
(i) any of the purposes described in subparagraph (A);
(ii) hiring a full-time or part-time impaired driving coordinator of the State’s activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol, drugs, or the combination of alcohol and drugs;
(iii) court support of impaired driving prevention efforts, including—
(I) hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers;
(II) training and education of those professionals to assist the professionals in preventing impaired driving and handling impaired driving cases, including by providing compensation to a law enforcement officer to carry out safety grant activities to replace a law enforcement officer who is receiving drug recognition expert training or participating as an instructor in that drug recognition expert training; and
(III) establishing driving while intoxicated courts;
(iv) alcohol ignition interlock programs;
(v) improving blood alcohol and drug concentration screening and testing, detection of potentially impairing drugs (including through the use of oral fluid as a specimen), and reporting relating to testing and detection;
(vi) paid and earned media in support of high-visibility enforcement efforts, conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;
(vii) training on the use of alcohol and drug screening and brief intervention;
(viii) training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk;
(ix) developing impaired driving information systems;
(x) costs associated with a 24-7 sobriety program; and
(xi) testing and implementing programs, and purchasing technologies, to better identify, monitor, or treat impaired drivers, including—
(I) oral fluid-screening technologies;
(II) electronic warrant programs;
(III) equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing;
(IV) case management software to support the management of impaired driving offenders; and
(V) technology to monitor impaired-driving offenders, and equipment and related expenditures used in connection with impaired-driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration.
(C)
(i)
(ii)
(iii)
(I) increasing the timely and accurate reporting to Federal, State, and local databases of—
(aa) crash information, including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information; and
(bb) impaired driving criminal justice information; or
(II) researching or evaluating impaired driving countermeasures.
(5)
(6)
(A)
(i) adopts, and is enforcing, a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated;
(ii) does not allow an individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive any driving privilege or driver’s license unless the individual installs on each motor vehicle registered, owned, or leased for operation by the individual an ignition interlock for a period of not less than 180 days; or
(iii) has in effect, and is enforcing—
(I) a State law requiring for any individual who is convicted of, or the driving privilege of whom is revoked or denied for, refusing to submit to a chemical or other appropriate test for the purpose of determining the presence or concentration of any intoxicating substance, a State law requiring a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and
(II) a compliance-based removal program, under which an individual convicted of driving under the influence of alcohol or of driving while intoxicated shall—
(aa) satisfy a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and
(bb) have completed a minimum consecutive period of not less than 40 percent of the required period of ignition interlock installation immediately preceding the date of release of the individual, without a confirmed violation.
(B)
(i) adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges; and
(ii) provides a 24-7 sobriety program.
(C)
(D)
(E)
(i)
(ii)
(F)
(i) The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.
(ii) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.
(iii) A State-certified ignition interlock provider is not available within 100 miles of the individual’s residence.
(7)
(A)
(i) require an individual who was arrested for, plead guilty to, or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and
(ii) require the individual to be subject to testing for alcohol or drugs—
(I) at least twice per day at a testing location;
(II) by continuous transdermal alcohol monitoring via an electronic monitoring device; or
(III) by an alternate method with the concurrence of the Secretary.
(B)
(C)
(D)
(E)
(e)
(1)
(A)
(i) means operating a motor vehicle on a public road; and
(ii) does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.
(B)
(i)
(I) a device through which personal wireless services (as defined in section 332(c)(7)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C))) are transmitted; and
(II) a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends, or reads a text message using at least 1 hand.
(ii)
(C)
(D)
(E)
(i) to read from, or manually to enter data into, a personal wireless communications device, including for the purpose of SMS texting, emailing, instant messaging, or any other form of electronic data retrieval or electronic data communication; and
(ii) manually to enter, send, or retrieve a text message to communicate with another individual or device.
(F)
(i)
(I) a text-based message;
(II) an instant message;
(III) an electronic message; and
(IV) email.
(ii)
(I) an emergency, traffic, or weather alert; or
(II) a message relating to the operation or navigation of a motor vehicle.
(2)
(3)
(A)
(i) the apportionment of the State under section 402 for fiscal year 2009; bears to
(ii) the apportionment of all States under section 402 for that fiscal year.
(B)
(i)
(I) based on the proportion that—
(aa) the apportionment of the State under section 402 for fiscal year 2009; bears to
(bb) the apportionment of all States under section 402 for that fiscal year; and
(II) subject to clauses (ii), (iii), and (iv), as applicable.
(ii)
(iii)
(iv)
(4)
(A) prohibits a driver from texting through a personal wireless communications device while driving;
(B) establishes a fine for a violation of the law; and
(C) does not provide for an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic.
(5)
(A) prohibits a driver from holding a personal wireless communications device while driving;
(B) establishes a fine for a violation of that law; and
(C) does not provide for an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic.
(6)
(A) prohibits a driver from using a personal wireless communications device while driving if the driver is—
(i) younger than 18 years of age; or
(ii) in the learner’s permit or intermediate license stage;
(B) establishes a fine for a violation of the law; and
(C) does not provide for—
(i) an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic; or
(ii) an exemption described in paragraph (7)(E).
(7)
(A) a driver who uses a personal wireless communications device during an emergency to contact emergency services to prevent injury to persons or property;
(B) emergency services personnel who use a personal wireless communications device while—
(i) operating an emergency services vehicle; and
(ii) engaged in the performance of their duties as emergency services personnel;
(C) an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual’s employment if such use is permitted under the regulations promulgated pursuant to section 31136 of title 49;
(D) a driver who uses a personal wireless communications device for navigation;
(E) except for a law described in paragraph (6), the use of a personal wireless communications device—
(i) in a hands-free manner;
(ii) with a hands-free accessory; or
(iii) with the activation or deactivation of a feature or function of the personal wireless communications device with the motion of a single swipe or tap of the finger of the driver; and
(F) any additional exceptions determined by the Secretary through a rulemaking process.
(8)
(A)
(i) to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving;
(ii) for traffic signs that notify drivers about the distracted driving law of the State; or
(iii) for law enforcement costs related to the enforcement of the distracted driving law.
(B)
(i) Not more than 50 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402.
(ii) Not more than 75 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402 if the State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria published by the Secretary.
(9)
(f)
(1)
(2)
(3)
(A)
(i) provides a formal program of instruction in crash avoidance and other safety-oriented operational skills to motorcyclists; and
(ii) may include innovative training opportunities to meet unique regional needs.
(B)
(C)
(D)
(E)
(F)
(G)
(4)
(A)
(i) improvements to motorcyclist safety training curricula;
(ii) improvements in program delivery of motorcycle training to both urban and rural areas, including—
(I) procurement or repair of practice motorcycles;
(II) instructional materials;
(III) mobile training units; and
(IV) leasing or purchasing facilities for closed-course motorcycle skill training;
(iii) measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and
(iv) public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, including “share-the-road” safety messages.
(B)
(C)
(5)
(A)
(i) the presence of motorcycles on or near roadways; and
(ii) safe driving practices that avoid injury to motorcyclists.
(B)
(C)
(D)
(6)
(g)
(1)
(A) a pedestrian;
(B) an individual using a nonmotorized mode of transportation, including a bicycle, a scooter, or a personal conveyance; and
(C) an individual using a low-speed or low-horsepower motorized vehicle, including an electric bicycle, electric scooter, personal mobility assistance device, personal transporter, or all-terrain vehicle.
(2)
(3)
(4)
(5)
(A) training of law enforcement officials relating to nonmotorized road user safety, State laws applicable to nonmotorized road user safety, and infrastructure designed to improve nonmotorized road user safety;
(B) carrying out a program to support enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to nonmotorized road user safety;
(C) public education and awareness programs designed to inform motorists and nonmotorized road users regarding—
(i) nonmotorized road user safety, including information relating to nonmotorized mobility and the importance of speed management to the safety of nonmotorized road users;
(ii) the value of the use of nonmotorized road user safety equipment, including lighting, conspicuity equipment, mirrors, helmets, and other protective equipment, and compliance with any State or local laws requiring the use of that equipment;
(iii) State traffic laws applicable to nonmotorized road user safety, including the responsibilities of motorists with respect to nonmotorized road users; and
(iv) infrastructure designed to improve nonmotorized road user safety; and
(D) the collection of data, and the establishment and maintenance of data systems, relating to nonmotorized road user traffic fatalities.
(6)
(h)
(1)
(2)
(3)
(4)
(A) to purchase and deploy digital alert technology that—
(i) is capable of receiving alerts regarding nearby first responders; and
(ii) in the case of a motor vehicle that is used for emergency response activities, is capable of sending alerts to civilian drivers to protect first responders on the scene and en route;
(B) to educate the public regarding the safety of vehicles and individuals stopped at the roadside in the State through public information campaigns for the purpose of reducing roadside deaths and injury;
(C) for law enforcement costs relating to enforcing State laws to protect the safety of vehicles and individuals stopped at the roadside;
(D) for programs to identify, collect, and report to State and local government agencies data relating to crashes involving vehicles and individuals stopped at the roadside; and
(E) to pilot and incentivize measures, including optical visibility measures, to increase the visibility of stopped and disabled vehicles.
(5)
(i)
(1)
(A) who is an elected, appointed, or employed agent of a government entity;
(B) who has the authority—
(i) to carry firearms; and
(ii) to make warrantless arrests; and
(C) whose duties involve the enforcement of criminal laws of the United States.
(2)
(A) States that enact or adopt a law or program described in paragraph (4); and
(B) qualifying States under paragraph (7).
(3)
(4)
(A)
(i) the role of law enforcement and the duties and responsibilities of peace officers;
(ii) the legal rights of individuals concerning interactions with peace officers;
(iii) best practices for civilians and peace officers during those interactions;
(iv) the consequences for failure of an individual or officer to comply with the law or program; and
(v) how and where to file a complaint against, or a compliment relating to, a peace officer.
(B)
(5)
(A) the production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph (4); and
(B) the implementation of a law or program described in paragraph (4).
(6)
(7)
(A)
(i) has received a grant under this subsection for a period of not more than 5 years; and
(ii) as determined by the Secretary—
(I) has not fully enacted or adopted a law or program described in paragraph (4); but
(II)(aa) has taken meaningful steps toward the full implementation of such a law or program; and
(bb) has established a timetable for the implementation of such a law or program.
(B)
(i) withhold 50 percent of the amount that each qualifying State would otherwise receive under this subsection if the qualifying State were a State described in paragraph (2)(A); and
(ii) direct any amounts withheld under clause (i) for distribution among the States that are enforcing and carrying out a law or program described in paragraph (4).
See 2021 Amendment notes below.
The date of enactment of the FAST Act, referred to in subsec. (a)(9)(A), is the date of enactment of Pub. L. 114–94, which was approved
The date of enactment of this paragraph, referred to in subsec. (f)(6), is the date of enactment of Pub. L. 114–94, which was approved
A prior section 405, added Pub. L. 93–87, title II, § 230(a),
2021—Subsec. (a). Pub. L. 117–58, § 24105(a)(1)(C), substituted “Program Authority” for “General Authority” in heading and struck out introductory provisions which read as follows: “Subject to the requirements of this section, the Secretary shall manage programs to address national priorities for reducing highway deaths and injuries. Funds shall be allocated according to the following:”.
Subsec. (a)(1) to (3). Pub. L. 117–58, § 24105(a)(1)(B), (C), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 117–58, § 24105(a)(1)(B), (D), redesignated par. (3) as (4) and substituted “53 percent” for “52.5 percent”. Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 117–58, § 24105(a)(1)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (a)(6). Pub. L. 117–58, § 24105(a)(1)(A), (B), redesignated par. (5) as (6) and struck out former par. (6). Prior to amendment, text of par. (6) read as follows: “In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that adopt and implement graduated driver licensing laws (as described in subsection (g)).”
Subsec. (a)(7). Pub. L. 117–58, § 24105(a)(1)(E), substituted “7 percent” for “5 percent” and “subsection (g)” for “subsection (h)”.
Subsec. (a)(8). Pub. L. 117–58, § 24105(a)(1)(G), added par. (8). Former par. (8) redesignated (10).
Subsec. (a)(9). Pub. L. 117–58, § 24105(a)(1)(A), (G), added par. (9) and struck out former par. (9). Prior to amendment, text read as follows:
“(A)
“(B)
Subsec. (a)(10). Pub. L. 117–58, § 24105(a)(1)(F), (H), redesignated par. (8) as (10) and substituted “paragraphs (2) through (9)” for “paragraphs (1) through (7)” and “subsections (b) through (i)” for “subsections (b) through (h)”. Former par. (10) redesignated (11).
Subsec. (a)(11). Pub. L. 117–58, § 24105(a)(1)(F), redesignated par. (10) as (11).
Subsec. (b)(1). Pub. L. 117–58, § 24105(a)(2)(A), struck out “of Transportation” before “shall award grants”.
Subsec. (b)(3)(B)(ii)(VI)(aa). Pub. L. 117–58, § 24105(a)(2)(B), substituted “5-year” for “3-year”.
Subsec. (b)(4)(A)(v). Pub. L. 117–58, § 24105(a)(2)(C)(i), added cl. (v) and struck out former cl. (v) which read as follows: “purchase and distribute child restraints to low-income families, provided that not more than 5 percent of the funds received in a fiscal year are used for such purpose; and”.
Subsec. (b)(4)(B). Pub. L. 117–58, § 24105(a)(2)(C)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “A State that is eligible for funds under paragraph (3)(A) may use up to 100 percent of such funds for any project or activity eligible for funding under section 402.”
Subsec. (c)(1). Pub. L. 117–58, § 24105(a)(3)(A)(i), struck out “of Transportation” before “shall award grants” in introductory provisions.
Subsec. (c)(1)(D). Pub. L. 117–58, § 24105(a)(3)(A)(ii), substituted “States, including the National EMS Information System;” for “States; and”.
Subsec. (c)(3). Pub. L. 117–58, § 24105(a)(3)(B)(i), substituted “A State shall not be eligible to receive a grant under this subsection for a fiscal year unless the State—” for “A State is not eligible for a grant under this subsection in a fiscal year unless the State demonstrates, to the satisfaction of the Secretary, that the State—” in introductory provisions.
Subsec. (c)(3)(A). Pub. L. 117–58, § 24105(a)(3)(B)(i), (ii)(II), (iii)(II), substituted “has certified to the Secretary that the State—” for “has a functioning”, designated remainder of existing provisions as cl. (i), and redesignated subpars. (B) and (C) of par. (3) as cls. (ii) and (iii), respectively, of subpar. (A) and realigned margins.
Subsec. (c)(3)(B). Pub. L. 117–58, § 24105(a)(3)(B)(iv), redesignated subpar. (D) as (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).
Pub. L. 117–58, § 24105(a)(3)(B)(ii)(I), inserted “and” after semicolon at end.
Subsec. (c)(3)(B)(vi). Pub. L. 117–58, § 24105(a)(3)(B)(v), substituted period for “; and” at end.
Subsec. (c)(3)(C). Pub. L. 117–58, § 24105(a)(3)(B)(iii)(I), inserted “and” after semicolon at end.
Subsec. (c)(3)(E). Pub. L. 117–58, § 24105(a)(3)(B)(vi), struck out subpar. (E) which read as follows: “has certified to the Secretary that an assessment of the State’s highway safety data and traffic records system was conducted or updated during the preceding 5 years.”
Subsec. (c)(4). Pub. L. 117–58, § 24105(a)(3)(C), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “Grant funds received by a State under this subsection shall be used for making data program improvements to core highway safety databases related to quantifiable, measurable progress in any of the 6 significant data program attributes set forth in paragraph (3)(D).”
Subsec. (c)(6). Pub. L. 117–58, § 24105(a)(3)(D), added par. (6).
Subsec. (d)(4)(B)(iii). Pub. L. 117–58, § 24105(a)(4)(A)(i)(I), added cl. (iii) and struck out former cl. (iii) which read as follows: “court support of high-visibility enforcement efforts, training and education of criminal justice professionals (including law enforcement, prosecutors, judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts;”.
Subsec. (d)(4)(B)(v). Pub. L. 117–58, § 24105(a)(4)(A)(i)(II), added cl. (v) and struck out former cl. (v) which read as follows: “improving blood-alcohol concentration testing and reporting;”.
Subsec. (d)(4)(B)(vi). Pub. L. 117–58, § 24105(a)(4)(A)(i)(III), substituted “conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and” for “conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and”.
Subsec. (d)(4)(B)(xi). Pub. L. 117–58, § 24105(a)(4)(A)(i)(IV)–(VI), added cl. (xi).
Subsec. (d)(4)(C). Pub. L. 117–58, § 24105(a)(4)(A)(ii), designated first sentence as cl. (i), inserted heading, and substituted “Subject to clause (iii), low-range” for “Low-range”; designated second sentence as cl. (ii), inserted heading, and substituted “Subject to clause (iii), medium-range” for “Medium-range”; and added cl. (iii).
Subsec. (d)(6)(A). Pub. L. 117–58, § 24105(a)(4)(B)(i), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated.”
Subsec. (d)(6)(D). Pub. L. 117–58, § 24105(a)(4)(B)(ii), substituted “2022” for “2009”.
Subsec. (d)(7)(A). Pub. L. 117–58, § 24105(a)(4)(C), inserted “or local” after “authorizes a State” in introductory provisions.
Subsec. (e)(1). Pub. L. 117–58, § 24105(a)(5)(B), (C)(i), redesignated par. (9) as (1) and struck out “, the following definitions apply” after “In this subsection” in introductory provisions. Former par. (1) redesignated (2).
Subsec. (e)(1)(B). Pub. L. 117–58, § 24105(a)(5)(C)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “The term ‘personal wireless communications device’—
“(i) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and
“(ii) does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.”
Subsec. (e)(1)(E), (F). Pub. L. 117–58, § 24105(a)(5)(C)(iii), added subpars. (E) and (F) and struck out former subpar. (E). Prior to amendment, text of subpar. (E) read as follows: “The term ‘texting’ means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.”
Subsec. (e)(2). Pub. L. 117–58, § 24105(a)(5)(B), (D), redesignated par. (1) as (2), struck it out, and added a new par. (2). Prior to amendment, text read as follows: “The Secretary shall award a grant under this subsection to any State that includes distracted driving awareness as part of the State’s driver’s license examination, and enacts and enforces a law that meets the requirements set forth in paragraphs (2) and (3).” Former par. (2) redesignated (4).
Subsec. (e)(3). Pub. L. 117–58, § 24105(a)(5)(D), added par. (3).
Subsec. (e)(4). Pub. L. 117–58, § 24105(a)(5)(B), (E)(i), redesignated par. (2) as (4) and substituted “of this” for “set forth in this” in introductory provisions. Former par. (4) redesignated (7).
Subsec. (e)(4)(B). Pub. L. 117–58, § 24105(a)(5)(E)(ii)–(iv), redesignated subpar. (C) as (B), struck out “minimum” before “fine”, and struck out former subpar. (B) which read as follows: “makes violation of the law a primary offense;”.
Subsec. (e)(4)(C), (D). Pub. L. 117–58, § 24105(a)(5)(E)(iii), (v), redesignated subpar. (D) as (C) and substituted “use a personal wireless communications device for texting” for “text through a personal wireless communication device”. Former subpar. (C) redesignated (B).
Subsec. (e)(5). Pub. L. 117–58, § 24105(a)(5)(F), added par. (5).
Subsec. (e)(6). Pub. L. 117–58, § 24105(a)(5)(A), (B), (G)(i), redesignated par. (3) as (6), substituted “of this” for “set forth in this” in introductory provisions, and struck out former par. (6) which related to additional grants for activities related to enforcement of distracted driving laws.
Subsec. (e)(6)(A)(ii). Pub. L. 117–58, § 24105(a)(5)(G)(ii), struck out “set forth in subsection (g)(2)(B)” after “intermediate license stage”.
Subsec. (e)(6)(B). Pub. L. 117–58, § 24105(a)(5)(G)(iii)–(v), redesignated subpar. (C) as (B), struck out “minimum” before “fine”, and struck out former subpar. (B) which read as follows: “makes violation of the law a primary offense;”.
Subsec. (e)(6)(C). Pub. L. 117–58, § 24105(a)(5)(G)(vi), added subpar. (C). Former subpar. (C) redesignated (B).
Subsec. (e)(6)(D). Pub. L. 117–58, § 24105(a)(5)(G)(iii), struck out subpar. (D) which read as follows: “does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.”
Subsec. (e)(7). Pub. L. 117–58, § 24105(a)(5)(B), (H)(i), redesignated par. (4) as (7) and substituted “of paragraph (4), (5), or (6)” for “set forth in paragraph (2) or (3)” in introductory provisions. Former par. (7) redesignated (9).
Subsec. (e)(7)(A). Pub. L. 117–58, § 24105(a)(5)(H)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: “a driver who uses a personal wireless communications device to contact emergency services;”.
Subsec. (e)(7)(D) to (F). Pub. L. 117–58, § 24105(a)(5)(H)(iii)–(v), added subpars. (D) and (E) and redesignated former subpar. (D) as (F).
Subsec. (e)(8). Pub. L. 117–58, § 24105(a)(5)(A), (B), redesignated par. (5) as (8) and struck out former par. (8). Prior to amendment, text of par. (8) read as follows: “The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.”
Subsec. (e)(9). Pub. L. 117–58, § 24105(a)(5)(B), redesignated par. (7) as (9). Former par. (9) redesignated (1).
Subsec. (f)(3)(A)(i). Pub. L. 117–58, § 24105(a)(6)(A), substituted “crash” for “accident”.
Subsec. (f)(3)(C) to (E). Pub. L. 117–58, § 24105(a)(6)(B), (C), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively. Former subpar. (E) redesignated (F).
Subsec. (f)(3)(F). Pub. L. 117–58, § 24105(a)(6)(B), (D), redesignated subpar. (E) as (F) and substituted “crashes” for “accidents” in heading. Former subpar. (F) redesignated (G).
Subsec. (f)(3)(G). Pub. L. 117–58, § 24105(a)(6)(B), redesignated subpar. (F) as (G).
Subsec. (g). Pub. L. 117–58, § 24105(a)(7), (8), redesignated subsec. (h) as (g) and struck out former subsec. (g) which authorized Secretary to award grants to States that adopt and implement graduated driver licensing laws and meet minimum requirements and to promulgate regulations necessary to implement minimum requirements.
Subsec. (g)(1). Pub. L. 117–58, § 24105(a)(9)(B), added par. (1). Former par. (1) redesignated (2).
Subsec. (g)(2). Pub. L. 117–58, § 24105(a)(9)(A), (C), redesignated par. (1) as (2) and substituted “nonmotorized road user fatalities involving a motor vehicle in transit on a trafficway” for “pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle”. Former par. (2) redesignated (3).
Subsec. (g)(3). Pub. L. 117–58, § 24105(a)(9)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (g)(4). Pub. L. 117–58, § 24105(a)(9)(A), (D), redesignated par. (3) as (4) and substituted “nonmotorized road user” for “pedestrian and bicycle”. Former par. (4) redesignated (5).
Subsec. (g)(5). Pub. L. 117–58, § 24105(a)(9)(A), (E), redesignated par. (4) as (5), struck it out, and added a new par. (5). Prior to amendment, par. related to use of grant funds received by a State with traffic laws applicable to pedestrian and bicycle safety. Former par. (5) redesignated (6).
Subsec. (g)(6). Pub. L. 117–58, § 24105(a)(9)(A), redesignated par. (5) as (6).
Subsecs. (h), (i). Pub. L. 117–58, § 24105(a)(10), added subsecs. (h) and (i). Former subsec. (h) redesignated (g).
2015—Subsec. (a). Pub. L. 114–94, § 4005(a), amended subsec. (a) generally. Prior to amendment, text related to the general authority of the Secretary of Transportation to manage programs to address national priorities for reducing highway deaths and injuries.
Subsec. (b)(4)(B). Pub. L. 114–94, § 4005(b), substituted “100 percent” for “75 percent”.
Subsec. (d)(4). Pub. L. 114–94, § 4005(c)(1), added par. (4) and struck out former par. (4), which related to the use of grant funds.
Subsec. (d)(5). Pub. L. 114–94, § 4014(3)(A)(i), substituted “under section 402” for “under section 402(c)”.
Subsec. (d)(6). Pub. L. 114–94, § 4005(c)(2)(A), amended heading generally. Prior to amendment, heading read as follows: “
Subsec. (d)(6)(A). Pub. L. 114–94, § 4005(c)(2)(B), amended heading generally. Prior to amendment, heading read as follows: “
Subsec. (d)(6)(B). Pub. L. 114–94, § 4005(c)(2)(D), added subpar. (B). Former subsec. (B) redesignated (C).
Subsec. (d)(6)(C). Pub. L. 114–94, § 4014(3)(A)(ii), which directed substitution of “in proportion to the State’s apportionment under section 402 for fiscal year 2009” for “on the basis of the apportionment formula set forth in section 402(c)” in subpar. (D) as redesignated by Pub. L. 114–94, § 4005(c)(2)(C), was executed by making substitution to subpar. (C) to reflect the probable intent of Congress.
Pub. L. 114–94, § 4005(c)(2)(C), (E), redesignated subpar. (B) as (C), and in subpar. (C) substituted “and subparagraph (B)” after “subparagraph (A)”. Former subpar. (C) redesignated (D).
Subsec. (d)(6)(D). Pub. L. 114–94, § 4005(c)(2)(F), inserted “and subparagraph (B)” after “subparagraph (A)”.
Pub. L. 114–94, § 4005(c)(2)(C), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).
Subsec. (d)(6)(E). Pub. L. 114–94, § 4005(c)(2)(G), amended subpar. (E) generally. Prior to amendment, subpar. (E) related to funding.
Pub. L. 114–94, § 4005(c)(2)(C), redesignated subpar. (D) as (E).
Subsec. (d)(6)(F). Pub. L. 114–94, § 4005(c)(2)(H), added subpar. (F).
Subsec. (d)(7)(A). Pub. L. 114–94, § 4005(c)(3)(A)(i), in introductory provisions, substituted “or an agency with jurisdiction” for “or a State agency” and inserted “bond,” before “sentence”.
Subsec. (d)(7)(A)(i). Pub. L. 114–94, § 4005(c)(3)(A)(ii), substituted “who was arrested for, plead guilty to, or” for “who plead guilty or”.
Subsec. (d)(7)(A)(ii)(I). Pub. L. 114–94, § 4005(c)(3)(A)(iii), inserted “at a testing location” after “twice per day”.
Subsec. (d)(7)(D). Pub. L. 114–94, § 4005(c)(3)(B), struck out second period at end.
Subsec. (e). Pub. L. 114–94, § 4005(d), amended subsec. (e) generally. Prior to amendment, section provided for award of distracted driving grants.
Subsec. (f)(2). Pub. L. 114–94, § 4005(e)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The amount of a grant awarded to a State for a fiscal year under this subsection may not exceed 25 percent of the amount apportioned to the State for fiscal year 2003 under section 402.”
Subsec. (f)(4)(A)(iv). Pub. L. 114–94, § 4014(3)(B), substituted “including” for “such as the” and struck out “developed under subsection (g)” after “safety messages”.
Subsec. (f)(4)(C). Pub. L. 114–94, § 4005(e)(2), added subpar. (C).
Subsec. (f)(6). Pub. L. 114–94, § 4005(e)(3), added par. (6).
Subsec. (g)(2)(A). Pub. L. 114–94, § 4005(f)(1)(A), substituted “18” for “21”.
Subsec. (g)(2)(B). Pub. L. 114–94, § 4005(f)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to state compliance with the 2-stage licensing process.
Subsec. (g)(6). Pub. L. 114–94, § 4005(f)(2), added par. (6).
Subsec. (h). Pub. L. 114–94, § 4005(g), added subsec. (h).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to occupant protection incentive grants.
2011—Subsec. (a)(3). Pub. L. 112–30, § 121(c)(1)(A), substituted “9” for “8”.
Subsec. (a)(4)(C). Pub. L. 112–30, § 121(c)(1)(B), substituted “fifth through ninth” for “fifth through eighth”.
2010—Subsec. (a)(3). Pub. L. 111–147, § 421(c)(1)(A), substituted “8” for “6”.
Subsec. (a)(4)(C). Pub. L. 111–147, § 421(c)(1)(B), substituted “fifth through eighth” for “fifth and sixth”.
2005—Subsec. (a)(2). Pub. L. 109–59, § 2004(a)(1), substituted “SAFETEA–LU” for “Transportation Equity Act for the 21st Century”.
Subsec. (a)(3). Pub. L. 109–59, § 2004(a)(2), substituted “2003” for “1997”.
Subsec. (a)(4). Pub. L. 109–59, § 2004(a)(3), inserted “beginning after
Subsec. (c). Pub. L. 109–59, § 2004(c), substituted “100 percent” for “25 percent” and “2003” for “1997”.
Subsec. (d). Pub. L. 109–59, § 2002(e), struck out heading and text of subsec. (d). Text read as follows: “Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section.”
Pub. L. 117–58, div. B, title IV, § 24105(c),
Except as otherwise provided, amendment by Pub. L. 114–94 effective
Amendment by section 4005 of Pub. L. 114–94 effective
Amendment by Pub. L. 112–141 effective
Amendment by Pub. L. 109–59 effective
Pub. L. 117–58, div. B, title IV, § 24108,
Pub. L. 114–94, div. A, title IV, § 4010,
Pub. L. 109–59, title II, § 2011,
Pub. L. 105–178, title II, § 2003(b),