Sec. 3007. National priority safety programs
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Section 405 of title 23, United States Code, is amended— in subsection (a)— in paragraph
(1)by striking 13 percent and inserting 12.85 percent ; in paragraph
(2)by striking 14.5 percent and inserting 14.3 percent ; in paragraph
(3)by striking 52.5 percent and inserting 51.75 percent ; in paragraph
(4)by striking 8.5 percent and inserting 8.3 percent ; in paragraph
(6)by striking 5 percent and inserting 4.9 percent ; in paragraph
(7)by striking 5 percent and inserting 4.9 percent ; in paragraph (8)— by striking paragraphs
(1)through
(7)and inserting paragraphs
(1)through
(8); by striking subsection
(b)through
(h)and inserting subsections
(b)through
(i); and by inserting to carry out any of the other activities described in such subsections, or the amount made available before under section 402 ; in paragraph (9)(A) by striking date of enactment of the FAST Act and inserting date of enactment of the ; INVEST in America Act by redesignating paragraphs
(8)and
(9)as paragraphs
(9)and (10), respectively; and by inserting after paragraph
(7)the following: In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that meet the requirements with respect to driver and officer safety education (as described in subsection (i)). ; by striking subsection (c)(4) and inserting the following: 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); developing or acquiring programs to identify, collect, and report data to State and local government agencies, and enter data, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle, into the core highway safety databases of a State; purchasing equipment to improve processes by which data is identified, collected, and reported to State and local government agencies; linking core highway safety databases of a State with such databases of other States or with other data systems within the State, including systems that contain medical, roadway, and economic data; improving the compatibility and interoperability of the core highway safety databases of the State with national data systems and data systems of other States; 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; supporting traffic records-related training and related expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals; hiring traffic records professionals, including a Fatality Analysis Reporting System liaison for a State; and conducting research on State traffic safety information systems, including developing and evaluating programs to improve core highway safety databases of such State and processes by which data is identified, collected, reported to State and local government agencies, and entered into such core safety databases. ; by striking subsection (d)(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 mandatory alcohol-ignition interlock law for all individuals arrested or convicted of driving under the influence of alcohol or of driving while intoxicated; does not allow any individual arrested or convicted of driving under the influence of alcohol or driving while intoxicated to drive a motor vehicle unless such individual installs an ignition interlock for a minimum 6-month interlock period; or has— enacted and is enforcing a state law requiring all individuals convicted of, or whose driving privilege is revoked or denied for, refusing to submit to a chemical or other test for the purpose of determining the presence or concentration of any intoxicating substance to install an ignition interlock for a minimum 6-month interlock period; and a compliance-based removal program in which an individual arrested or convicted of driving under the influence of alcohol or driving while intoxicated shall install an ignition interlock for a minimum 6-month interlock period and have completed a minimum consecutive period of not less than 40 percent of the required interlock period immediately preceding the date of release, without a confirmed violation of driving under the influence of alcohol or driving while intoxicated. ; in subsection (e)— in paragraph
(1)by striking paragraphs
(2)and
(3)and inserting paragraph
(2); in paragraph (4)— by striking paragraph
(2)or
(3)and inserting paragraph
(3)or
(4); in subparagraph
(A)by striking communications device to contact emergency services and inserting communications device during an emergency to contact emergency services or to prevent injury to persons or property ; in subparagraph
(C)by striking ; and and inserting a semicolon; by redesignating subparagraph
(D)as subparagraph (E); and by inserting after subparagraph
(C)the following: a driver who uses a personal wireless communication device for navigation; and ; in paragraph (5)(A)(i) by striking texting or using a cell phone while and inserting distracted ; in paragraph (9)— by striking subparagraph
(B)and inserting the following: The term personal wireless communications device means— until the date on which the Secretary issues a regulation pursuant to paragraph (8)(A), a device through which personal services (as such term is 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, but not including the use of such a device as a global navigation system receiver used for positioning, emergency notification, or navigation purposes; and on and after the date on which the Secretary issues a regulation pursuant to paragraph (8)(A), the definition described in such regulation. ; and by striking subparagraph
(E)and inserting the following: The term texting means— until the date on which the Secretary issues a regulation pursuant to paragraph (8)(A), 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; and on and after the date on which the Secretary issues a regulation pursuant to paragraph (8)(A), the definition described in such regulation. ; by striking paragraphs (2), (3), (6), and (8); by redesignating paragraphs
(4)and
(5)as paragraphs
(5)and (6), respectively; by inserting after paragraph
(1)the following: Subject to subparagraphs
(B)and (C), 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. A State that has enacted and is enforcing a law that meets the requirements set forth in paragraphs
(3)and
(4)as a primary offense shall be allocated 100 percent of the amount calculated under subparagraph (A). A State that has enacted and is enforcing a law that meets the requirements set forth in paragraphs
(3)and
(4)as a secondary offense shall be allocated 50 percent of the amount calculated under subparagraph (A). A State law meets the requirements set forth in this paragraph if the law— prohibits a driver from holding or using, including texting, a personal wireless communications device while driving, except for the use of a personal wireless communications device— in a hands-free manner or with a hands-free accessory, or to activate or deactivate a feature or function of the personal wireless communications device; establishes a fine for a violation of the law; and does not provide for an exemption that specifically allows a driver to hold or use 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 or intermediate license stage described in subparagraph
(A)or
(B)of subsection (g)(2); establishes a fine for a violation of the law; and does not provide for an exemption that specifically allows a driver to use a personal wireless communication device while stopped in traffic. ; and by inserting after paragraph
(7)the following: Not later than 1 year after the date of enactment of this paragraph, the Secretary shall issue such regulations as are necessary to account for diverse State approaches to combating distracted driving that— defines the terms personal wireless communications device and texting for the purposes of this subsection; and determines additional permitted exceptions that are appropriate for a State law that meets the requirements under paragraph
(3)or (4). ; in subsection (g)— in paragraph
(1)by inserting subparagraphs
(A)and
(B)of before paragraph
(2); by striking paragraph
(2)and inserting the following: A State shall be eligible for a grant under this subsection as a Tier 1 State if such State requires novice drivers younger than 18 years of age to comply with a 2-stage graduated driver licensing process before receiving an unrestricted driver’s license that includes— a learner’s permit stage that— is at least 180 days in duration; requires that the driver be accompanied and supervised at all times; and has a requirement that the driver obtain at least 40 hours of behind-the-wheel training with a supervisor; and an intermediate stage that— commences immediately after the expiration of the learner’s permit stage; is at least 180 days in duration; and for the first 180 days of the intermediate stage, restricts the driver from— driving at night between the hours of 11:00 p.m. and at least 4:00 a.m. except— when a parent, guardian, driving instructor, or licensed driver who is at least 21 years of age is in the motor vehicle; and when driving to and from work, school and school-related activities, religious activities, for emergencies, or as a member of voluntary emergency service; and operating a motor vehicle with more than 1 nonfamilial passenger younger than 18 years of age, except when a parent, guardian, driving instructor, or licensed driver who is at least 21 years of age is in the motor vehicle. A State shall be eligible for a grant under this subsection as a Tier 2 State if such State requires novice drivers younger than 18 years of age to comply with a 2-stage graduated driver licensing process before receiving an unrestricted driver’s license that includes— a learner’s permit stage that— is at least 180 days in duration; requires that the driver be accompanied and supervised at all times; and has a requirement that the driver obtain at least 50 hours of behind-the-wheel training, with at least 10 hours at night, with a supervisor; and an intermediate stage that— commences immediately after the expiration of the learner’s permit stage; is at least 180 days in duration; and for the first 180 days of the intermediate stage, restricts the driver from— driving at night between the hours of 10:00 p.m. and at least 4:00 a.m. except— when a parent, guardian, driving instructor, or licensed driver who is at least 21 years of age is in the motor vehicle; and when driving to and from work, school and school-related activities, religious activities, for emergencies, or as a member of voluntary emergency service; and operating a motor vehicle with any nonfamilial passenger younger than 18 years of age, except when a parent, guardian, driving instructor, or licensed driver who is at least 21 years of age is in the motor vehicle. ; in paragraph (3)— in subparagraph
(A)by inserting subparagraphs
(A)and
(B)of before paragraph
(2); and in subparagraph
(B)by inserting subparagraphs
(A)and
(B)of before paragraph
(2)each place such term appears; and by striking paragraph
(5)and inserting the following: A Tier 1 State shall use grant funds provided under this subsection 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). Of the grant funds made available to a Tier 2 State under this subsection— 25 percent shall be used for any activity described in subparagraph (A); and 75 percent may be used for any project or activity eligible under section 402. ; and by adding at the end the following: Subject to the requirements under this subsection, the Secretary shall award grants to— States that enact a commuter safety education program; and States qualifying under paragraph (5)(A). The Federal share of the costs of activities carried out using amounts from a grant awarded under this subsection may not exceed 80 percent. To be eligible for a grant under this subsection, a State shall enact a law or adopt a program that requires the following: Inclusion, in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the State, of instruction and testing concerning law enforcement practices during traffic stops, including information on— the role of law enforcement and the duties and responsibilities of peace officers; an individual’s legal rights concerning interactions with peace officers; best practices for civilians and peace officers during such interactions; the consequences for an individual’s or officer’s failure to comply with those laws and programs; and how and where to file a complaint against or a compliment on behalf of a peace officer. Development and implementation of a training program, including instruction and testing materials, for peace officers and reserve law enforcement officers (other than officers who have received training in a civilian course described in subparagraph (A)) with respect to proper interaction with civilians during traffic stops. 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. A State qualifies pursuant to this subparagraph if— the Secretary determines such State has taken meaningful steps toward the full implementation of a law or program described in paragraph (3); the Secretary determines such State has established a timetable for the implementation of such a law or program; and such State has received a grant pursuant to this subsection for a period of not more than 5 years. With respect to a State that qualifies pursuant to subparagraph (A), the Secretary shall— withhold 50 percent of the amount that such State would otherwise receive if such State were a State described in paragraph (1)(A); and direct any such amounts for distribution among the States that are enforcing and carrying out a law or program described in paragraph (3). A State receiving a grant under this subsection may use such grant— for the production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph (3); and for the implementation of the law described in paragraph (3). .
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Sec. 3007
National priority safety programs
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