23 USC 402 – Highway safety programs
(a)
(1)
(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.
(2)
(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 safety belts by occupants of motor vehicles;
(iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations;
(iv) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance;
(v) to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles;
(vi) to reduce injuries and deaths resulting from crashes involving school buses;
(vii) to reduce crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles);
(viii) to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and post-crash procedures;
(ix) to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;
(x) to reduce crashes caused by driver misuse or misunderstanding of new vehicle technology;
(xi) to increase vehicle recall awareness;
(xii) to provide to the public information relating to the risks of child heatstroke death when left unattended in a motor vehicle after the motor is deactivated by the operator;
(xiii) to reduce injuries and deaths resulting from the failure by drivers of motor vehicles to move to another traffic lane or reduce the speed of the vehicle when law enforcement, fire service, emergency medical services, or other emergency or first responder vehicles are stopped or parked on or next to a roadway with emergency lights activated; and
(xiv) to prevent crashes, injuries, and deaths caused by unsecured vehicle loads;
(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 crashes (including resulting injuries and deaths);
(ii) crash investigations to determine the probable causes of crashes, 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.
(3)
(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.
Terms Used In 23 USC 402
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Dependent: A person dependent for support upon another.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
- vehicle: includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. See 1 USC 4
(b)
(1)
(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) 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;
(C) except as provided in paragraph (2), 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;
(D) provide adequate and reasonable access for the safe and convenient movement of individuals, including those with disabilities and those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State;
(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
(F) provide satisfactory assurances that the State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data-related crash factors within a State as identified by the State highway safety planning process, including—
(i) national, high-visibility law enforcement mobilizations coordinated by the Secretary;
(ii) sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits;
(iii) an annual statewide safety belt use survey in accordance with criteria established by the Secretary for the measurement of State safety belt use rates to ensure that the measurements are accurate and representative;
(iv) development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources;
(v) ensuring that the State will coordinate its highway safety plan, data collection, and information systems with the State strategic highway safety plan (as defined in section 148(a)); and
(vi) unless the State highway safety program is developed by American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands, participation in the Fatality Analysis Reporting System.
(2)
(c)
(1)
(A)
(B)
(2)
(A)
(i) subject to the jurisdiction of, and maintained by, a public authority; and
(ii) held open to public travel.
(B)
(i)
(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)
(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)
(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)
(i)
(I) approves such a highway safety program; or
(II) determines that the State is implementing such a program.
(ii)
(E)
(i)
(ii)
(3)
(A)
(B)
(4)
(A)
(B)
(C)
(D)
(d) All provisions of chapter 1 of this title that are applicable to National Highway System 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, 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 (other than planning and administration) 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 (other than one for planning or administration) without regard to whether such expenditures were actually made in connection with such project 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. In applying such provisions of chapter 1 in carrying out this section the term “State transportation department” as used in such provisions shall mean the Governor of a State for the purposes of this section.
(e) Uniform guidelines 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 guidelines 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)
(h)
(1)
(2)
(3)
(4)
(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.
(i)
(j)
(k)
(1)
(2)
(3)
(4)
(A) performance measures required by the Secretary or otherwise necessary to support additional State safety goals, including—
(i) documentation of current safety levels for each performance measure;
(ii) quantifiable performance targets that demonstrate constant or improved performance for each performance measure; and
(iii) a justification for each performance target, that explains why each target is appropriate and evidence-based;
(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;
(C) data and data analysis supporting the effectiveness of proposed countermeasures;
(D) a description of any Federal funds that the State plans to use, in addition to funds apportioned to the State under this section, to carry out the strategy described in subparagraph (B); and
(E) a report on the State’s success in meeting State safety goals and performance targets set forth in the most recently submitted highway safety plan.
(5)
(6)
(A)
(B)
(i)
(ii)
(iii)
(C)
(i)
(I) the plan and the performance targets contained in the plan are evidence-based and supported by data; and
(II) the plan, once implemented, will allow the State to meet the State’s performance targets.
(ii)
(I) the plan and the performance targets contained in the plan are not evidence-based or supported by data; or
(II) the plan does not provide for programming of funding in a manner sufficient to allow the State to meet the State’s performance targets.
(D)
(i) inform the State of the reasons for such disapproval; and
(ii) require the State to resubmit the plan with any modifications that the Secretary determines to be necessary.
(E)
(F)
(l)
(1)
(A)
(i) demonstrates alignment with the approved triennial highway safety plan of the State; and
(ii) complies with the requirements under this subsection.
(B)
(C)
(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)
(2)
(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.
(m)
(1)
(2)
(A) shall include peer-to-peer education and prevention strategies in schools and communities designed to—
(i) increase safety belt use;
(ii) reduce speeding;
(iii) reduce impaired and distracted driving;
(iv) reduce underage drinking; and
(v) reduce other behaviors by teen drivers that lead to injuries and fatalities; and
(B) may include—
(i) working with student-led groups and school advisors to plan and implement teen traffic safety programs;
(ii) providing subgrants to schools throughout the State to support the establishment and expansion of student groups focused on teen traffic safety;
(iii) providing support, training, and technical assistance to establish and expand school and community safety programs for teen drivers;
(iv) creating statewide or regional websites to publicize and circulate information on teen safety programs;
(v) conducting outreach and providing educational resources for parents;
(vi) establishing State or regional advisory councils comprised of teen drivers to provide input and recommendations to the governor and the governor’s safety representative on issues related to the safety of teen drivers;
(vii) collaborating with law enforcement;
(viii) establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for profit entities;
(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.
(n)
(1)
(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)
(A)
(B)
(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.
(o)
(1)
(2)