Sec. 4005. National priority safety programs
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Section 405(a) of title 23, United States Code, is amended to read as follows: Subject to the requirements of this section, the Secretary of Transportation shall manage programs to address national priorities for reducing highway deaths and injuries. Funds shall be allocated according to the following: In each fiscal year, 13 percent of the funds provided under this section shall be allocated among States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles (as described in subsection (b)).
In each fiscal year, 14.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to State traffic safety information system improvements (as described in subsection (c)). In each fiscal year, 52.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to impaired driving countermeasures (as described in subsection (d)). In each fiscal year, 8.5 percent of the funds provided under this section shall be allocated among States that adopt and implement effective laws to reduce distracted driving (as described in subsection (e)).
In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that implement motorcyclist safety programs (as described in subsection (f)). 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)). In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to nonmotorized safety (as described in subsection (h)).
Notwithstanding paragraphs
(1)through (7), the Secretary may reallocate, before the last day of any fiscal year, any amounts remaining available to carry out any of the activities described in subsections
(b)through
(h)to increase the amount made available under section 402, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year. No grant may be made to a State in any fiscal year under subsection (b), (c), or
(d)unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all State and local sources for programs described in those subsections at or above the average level of such expenditures in the 2 fiscal years preceding the date of enactment of this paragraph. Upon the request of a State, the Secretary may waive or modify the requirements under subparagraph
(A)for not more than 1 fiscal year if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances. . Section 405(b)(4)(B) of title 23, United States Code, is amended by striking “75 percent” and inserting “100 percent”. Section 405(d) of title 23, United States Code, is amended— by striking paragraph
(4)and inserting the following: High-range States shall use grant funds for— high-visibility enforcement efforts; and any of the activities described in subparagraph
(B)if— the activity is described in the statewide plan; and the Secretary approves the use of funding for such activity. Medium-range and low-range States may use grant funds for— any of the purposes described in subparagraph (A); 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; 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; alcohol ignition interlock programs; improving blood-alcohol concentration testing and reporting; paid and earned media in support of high-visibility enforcement efforts, conducting standardized field sobriety training, advanced roadside impaired driving evaluation 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; training on the use of alcohol and drug screening and brief intervention; 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; developing impaired driving information systems; and costs associated with a 24/7 sobriety program. Low-range States may use grant funds for any expenditure designed to reduce impaired driving based on problem identification and may use not more than 50 percent of funds made available under this subsection for any project or activity eligible for funding under section 402. Medium- and high-range States may use funds for any expenditure designed to reduce impaired driving based on problem identification upon approval by the Secretary. ; and by striking paragraph (6)(A) and inserting the following: The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a law that requires any individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock installed. Such law may provide limited exceptions for circumstances when— a State-certified ignition interlock provider is not available within 100 miles of the individual’s residence; 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; or 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. . Section 405(e) of title 23, United States Code, is amended to 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). A State law meets the requirements set forth in this paragraph if the law— prohibits a driver from texting through a personal wireless communications device while driving; makes violation of the law a primary offense; establishes a minimum fine for a violation of the law; and does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic. A State law meets the requirements set forth in this paragraph if the law— prohibits a driver from using a personal wireless communications device while driving if the driver is— younger than 18 years of age; or in the learner’s permit and intermediate license stages set forth in subsection (g)(2)(B); makes violation of the law a primary offense; establishes a minimum fine for a violation of the law; and does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic. A law that meets the requirements set forth in paragraph
(2)or
(3)may provide exceptions for— a driver who uses a personal wireless communications device to contact emergency services; emergency services personnel who use a personal wireless communications device while— operating an emergency services vehicle; and engaged in the performance of their duties as emergency services personnel; 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; and any additional exceptions determined by the Secretary through a rulemaking process. Except as provided in subparagraph (B), amounts received by a State under this subsection shall be used— to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving; for traffic signs that notify drivers about the distracted driving law of the State; or for law enforcement costs related to the enforcement of the distracted driving law. 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. 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. Of the amounts available under this subsection in a fiscal year for distracted driving grants, the Secretary may expend not more than $5,000,000 for the development and placement of broadcast media to reduce distracted driving of motor vehicles, including to support campaigns related to distracted driving that are funded under section 404. 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. In this subsection, the following definitions apply: The term driving — means operating a motor vehicle on a public road; and 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. The term personal wireless communications device — 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 does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. The term primary offense means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. The term public road has the meaning given such term in section 402(c). 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. . Section 405(f) of title 23, United States Code, is amended— by striking paragraph
(2)and inserting the following: 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, except that the amount of a grant awarded to a State for a fiscal year may not exceed 25 percent of the amount apportioned to the State under such section for fiscal year 2009. ; in paragraph
(4)by adding at the end the following: Not more than 50 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402 if the State is in the lowest 25 percent of all States for motorcycle deaths per 10,000 motorcycle registrations based on the most recent data that conforms with criteria established by the Secretary. ; and by adding at the end the following: Not later than 1 year after the date of enactment of this paragraph, the Secretary shall update and provide to the States model language for use in traffic safety education courses, driver's manuals, and other driver training materials that provides instruction for drivers of motor vehicles on the importance of sharing the road safely with motorcyclists. . Section 405(g) of title 23, United States Code, is amended to read as follows: Subject to the requirements under this subsection, the Secretary shall award grants to States that adopt and implement graduated driver licensing laws in accordance with the requirements set forth in paragraph (2). A State meets the requirements set forth in this paragraph if the State has a graduated driver licensing law that requires novice drivers younger than 18 years of age to comply with the 2-stage licensing process described in subparagraph
(B)before receiving an unrestricted driver's license. A State is in compliance with the 2-stage licensing process described in this subparagraph if the State’s driver’s license laws comply with the additional requirements under subparagraph
(C)and includes— a learner’s permit stage that— is not less than 6 months in duration and remains in effect until the driver reaches not less than 16 years of age; contains a prohibition on the driver using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under subsection (e)(4); requires that the driver be accompanied and supervised at all times while operating a motor vehicle by a licensed driver who is— not less than 21 years of age; the driver’s parent or guardian; or a State-certified driving instructor; and complies with the additional requirements for a learner’s permit stage set forth in subparagraph (C)(i); and an intermediate stage that— is not less than 6 months in duration; contains a prohibition on the driver using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under subsection (e)(4); for the first 6 months of such stage, restricts driving at night when not supervised by a licensed driver described in clause (i)(III), excluding transportation to work, school, or religious activities, or in the case of an emergency; for a period of not less than 6 months, prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger under 21 years of age unless a licensed driver described in clause (i)(III) is in the vehicle; and complies with the additional requirements for an intermediate stage set forth in subparagraph (C)(ii). In addition to the requirements of subparagraph (B)(i), a learner’s permit stage shall include not less than 2 of the following requirements: Passage of a vision and knowledge assessment by a learner’s permit applicant prior to receiving a learner’s permit. The driver completes— a State-certified driver education or training course; or not less than 40 hours of behind-the-wheel training with a licensed driver described in subparagraph (B)(i)(III). In addition to any other penalties imposed by State law, the grant of an unrestricted driver’s license or advancement to an intermediate stage be automatically delayed for any individual who, during the learner’s permit stage, is convicted of a driving-related offense, including— driving while intoxicated; misrepresentation of the individual’s age; reckless driving; driving without wearing a seatbelt; speeding; or any other driving-related offense, as determined by the Secretary. In addition to the requirements of subparagraph (B)(ii), an intermediate stage shall include not less than 2 of the following requirements: Commencement of such stage after the successful completion of a driving skills test. That such stage remain in effect until the driver reaches the age of not less than 17. In addition to any other penalties imposed by State law, the grant of an unrestricted driver’s license be automatically delayed for any individual who, during the learner’s permit stage, is convicted of a driving-related offense, including those described in clause (i)(III). A State that otherwise meets the minimum requirements set forth in paragraph
(2)shall be deemed by the Secretary to be in compliance with the requirement set forth in paragraph
(2)if the State enacted a law before January 1, 2011, establishing a class of license that permits licensees or applicants younger than 18 years of age to drive a motor vehicle— in connection with work performed on, or for the operation of, a farm owned by family members who are directly related to the applicant or licensee; or if demonstrable hardship would result from the denial of a license to the licensees or applicants. Grant funds allocated 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. Except as provided in subparagraph (B), grant funds received by a State under this subsection shall be used for— enforcing a 2-stage licensing process that complies with paragraph (2); training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in clause (i); publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; carrying out other administrative activities that the Secretary considers relevant to the State’s 2-stage licensing process; or carrying out a teen traffic safety program described in section 402(m). Not more than 75 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402. Not more than 100 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402, if the State is in the lowest 25 percent of all States for the number of drivers under age 18 involved in fatal crashes in the State per the total number of drivers under age 18 in the State based on the most recent data that conforms with criteria established by the Secretary. . Section 405 of title 23, United States Code, is amended by adding at the end the following: Subject to the requirements under this subsection, the Secretary shall award grants to States for the purpose of decreasing pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle. The Federal share of the cost of a project carried out by a State using amounts from a grant awarded under this subsection may not exceed 80 percent. A State shall receive a grant under this subsection in a fiscal year if the annual combined pedestrian and bicycle fatalities in the State exceed 15 percent of the total annual crash fatalities in the State, based on the most recently reported final data from the Fatality Analysis Reporting System. Grant funds received by a State under this subsection may be used for— training of law enforcement officials on State laws applicable to pedestrian and bicycle safety; enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to pedestrian and bicycle safety; and public education and awareness programs designed to inform motorists, pedestrians, and bicyclists of State traffic laws applicable to pedestrian and bicycle safety. 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. .
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Sec. 4005
National priority safety programs
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