Sec. 24105. National priority safety programs
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/bill/117/hr/3684/eas/section-24105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 405 of title 23, United States Code, is amended— in subsection (a)— by striking paragraphs
(6)and (9); by redesignating paragraphs
(1)through
(5)as paragraphs
(2)through (6), respectively; by striking the subsection designation and heading and all that follows through the following: in the matter preceding paragraph
(2)(as so redesignated) and inserting the following: Subject to the requirements of this section, the Secretary shall— manage programs to address national priorities for reducing highway deaths and injuries; and allocate funds for the purpose described in subparagraph
(A)in accordance with this subsection. ; in paragraph
(4)(as so redesignated), by striking 52.5 percent and inserting 53 percent ; in paragraph (7)— by striking 5 percent and inserting 7 percent ; and by striking subsection
(h)and inserting subsection
(g); by redesignating paragraphs
(8)and
(10)as paragraphs
(10)and (11), respectively; by inserting after paragraph
(7)the following: In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to preventing roadside deaths under subsection (h). In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to driver and officer safety education under subsection (i). ; and in paragraph
(10)(as so redesignated)— by striking
(1)through
(7)and inserting
(2)through
(9); and by striking
(b)through
(h)and inserting
(b)through
(i); in subsection (b)— in paragraph (1), by striking of Transportation ; in paragraph (3)(B)(ii)(VI)(aa), by striking 3-year and inserting 5-year ; and in paragraph (4)— in subparagraph (A), by striking clause
(v)and inserting the following: implement programs— 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; 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 to purchase and distribute child restraints to low-income and underserved populations; and ; and by striking subparagraph
(B)and inserting the following: Each State that is eligible to receive funds— under paragraph (3)(A) shall use— not more than 90 percent of those funds to carry out a project or activity eligible for funding under section 402; and not less than 10 percent of those funds to carry out subparagraph (A)(v); and under paragraph (3)(B) shall use not less than 10 percent of those funds to carry out the activities described in subparagraph (A)(v). ; in subsection (c)— in paragraph (1)— in the matter preceding subparagraph (A), by striking of Transportation ; and in subparagraph (D), by striking States; and and inserting States, including the National EMS Information System; ; in paragraph (3)— by striking the paragraph designation and heading and all that follows through has a functioning in subparagraph
(A)and inserting the following: A State shall not be eligible to receive a grant under this subsection for a fiscal year unless the State— has certified to the Secretary that the State— has a functioning ; in subparagraph (B)— by adding and after the semicolon at the end; and by redesignating the subparagraph as clause
(ii)of subparagraph
(A)and indenting the clause appropriately; in subparagraph (C)— by adding and after the semicolon at the end; and by redesignating the subparagraph as clause
(iii)of subparagraph
(A)and indenting the clause appropriately; by redesignating subparagraph
(D)as subparagraph (B); in clause
(vi)of subparagraph
(B)(as so redesignated), by striking ; and and inserting a period; and by striking subparagraph (E); by striking paragraph
(4)and inserting the following: A State may use a grant received under this subsection to make data program improvements to core highway safety databases relating to quantifiable, measurable progress in any significant data program attribute described in paragraph (3)(B), including through— 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; 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; 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; 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 improvement training and expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals; hiring traffic records professionals for the purpose of improving traffic information systems (including a State Fatal Accident Reporting System
(FARS)liaison); 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; supporting reporting criteria relating to emerging topics, including— impaired driving as a result of drug, alcohol, or polysubstance consumption; and advanced technologies present on motor vehicles; and 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. ; and by adding at the end the following: The Secretary shall provide technical assistance to States, regardless of whether a State receives a grant under this subsection, with respect to improving the timeliness, accuracy, completeness, uniformity, integration, and public accessibility of State safety data that are needed to identify priorities for Federal, State, and local highway and traffic safety programs, including on adoption by a State of the Model Minimum Uniform Crash Criteria. The Secretary may use not more than 3 percent of the amounts available under this subsection to carry out subparagraph (A). ; in subsection (d)— in paragraph (4)— in subparagraph (B)— by striking clause
(iii)and inserting the following: court support of impaired driving prevention efforts, including— hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers; 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 establishing driving while intoxicated courts; ; by striking clause
(v)and inserting the following: 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; ; in clause (vi), by striking conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and and inserting conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and ; in clause (ix), by striking and at the end; in clause (x), by striking the period at the end and inserting ; and ; and by adding at the end the following: testing and implementing programs, and purchasing technologies, to better identify, monitor, or treat impaired drivers, including— oral fluid-screening technologies; electronic warrant programs; equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing; case management software to support the management of impaired driving offenders; and 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. ; and in subparagraph (C)— in the second sentence, by striking Medium-range and inserting the following: Subject to clause (iii), medium-range ; in the first sentence, by striking Low-range and inserting the following: Subject to clause (iii), low-range ; and by adding at the end the following: A State may use grant funds for any expenditure relating to— increasing the timely and accurate reporting to Federal, State, and local databases of— crash information, including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information; and impaired driving criminal justice information; or researching or evaluating impaired driving countermeasures. ; in paragraph (6)— by striking subparagraph
(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 convicted of driving under the influence of alcohol or of driving while intoxicated; 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 has in effect, and is enforcing— 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 a compliance-based removal program, under which an individual convicted of driving under the influence of alcohol or of driving while intoxicated shall— satisfy a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and 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. ; and in subparagraph (D), by striking 2009 and inserting 2022 ; and in paragraph (7)(A), in the matter preceding clause (i), by inserting or local after authorizes a State ; in subsection (e)— by striking paragraphs
(6)and (8); by redesignating paragraphs (1), (2), (3), (4), (5), (7), and
(9)as paragraphs (2), (4), (6), (7), (8), (9), and (1), respectively, and moving the paragraphs so as to appear in numerical order; in paragraph
(1)(as so redesignated)— in the matter preceding subparagraph (A), by striking , the following definitions apply ; by striking subparagraph
(B)and inserting the following: The term personal wireless communications device means— 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 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. The term personal wireless communications device does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. ; and by striking subparagraph
(E)and inserting the following: The term text means— 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 manually to enter, send, or retrieve a text message to communicate with another individual or device. The term text message means— a text-based message; an instant message; an electronic message; and email. The term text message does not include— an emergency, traffic, or weather alert; or a message relating to the operation or navigation of a motor vehicle. ; by striking paragraph
(2)(as so redesignated) and inserting the following: The Secretary shall provide a grant under this subsection to any State that includes distracted driving awareness as part of the driver’s license examination of the State. For each fiscal year, not less than 50 percent of the amounts made available to carry out this subsection shall be allocated to States, based on the proportion that— the apportionment of the State under section 402 for fiscal year 2009; bears to the apportionment of all States under section 402 for that fiscal year. In addition to the allocations under subparagraph (A), for each fiscal year, not more than 50 percent of the amounts made available to carry out this subsection shall be allocated to States that enact and enforce a law that meets the requirements of paragraph (4), (5), or (6)— based on the proportion that— the apportionment of the State under section 402 for fiscal year 2009; bears to the apportionment of all States under section 402 for that fiscal year; and subject to clauses (ii), (iii), and (iv), as applicable. Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or
(6)as a primary offense, the allocation to the State under this subparagraph shall be 100 percent of the amount calculated to be allocated to the State under clause (i)(I). Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or
(6)as a secondary enforcement action, the allocation to the State under this subparagraph shall be an amount equal to 50 percent of the amount calculated to be allocated to the State under clause (i)(I). Notwithstanding clauses
(ii)and (iii), the allocation under this subparagraph to a State that enacts and enforces a law that prohibits a driver from viewing a personal wireless communications device (except for purposes of navigation) shall be 25 percent of the amount calculated to be allocated to the State under clause (i)(I). ; in paragraph
(4)(as so redesignated)— in the matter preceding subparagraph (A), by striking set forth in this and inserting of this ; by striking subparagraph (B); by redesignating subparagraphs
(C)and
(D)as subparagraphs
(B)and (C), respectively; in subparagraph
(B)(as so redesignated), by striking minimum ; and in subparagraph
(C)(as so redesignated), by striking text through a personal wireless communication device and inserting use a personal wireless communications device for texting ; by inserting after paragraph
(4)(as so redesignated) the following: A State law meets the requirements of this paragraph if the law— prohibits a driver from holding a personal wireless communications device while driving; establishes a fine for a violation of that law; and does not provide for an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic. ; in paragraph
(6)(as so redesignated)— in the matter preceding subparagraph (A), by striking set forth in this and inserting of this ; in subparagraph (A)(ii), by striking set forth in subsection (g)(2)(B) ; by striking subparagraphs
(B)and (D); by redesignating subparagraph
(C)as subparagraph (B); in subparagraph
(B)(as so redesignated), by striking minimum ; and by adding at the end the following: does not provide for— an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic; or an exemption described in paragraph (7)(E). ; and in paragraph
(7)(as so redesignated)— in the matter preceding subparagraph (A), by striking set forth in paragraph
(2)or
(3)and inserting of paragraph (4), (5), or
(6); by striking subparagraph
(A)and inserting the following: a driver who uses a personal wireless communications device during an emergency to contact emergency services to prevent injury to persons or property; ; in subparagraph (C), by striking and at the end; by redesignating subparagraph
(D)as subparagraph (F); and by inserting after subparagraph
(C)the following: a driver who uses a personal wireless communications device for navigation; except for a law described in paragraph (6), the use of a personal wireless communications device— in a hands-free manner; with a hands-free accessory; or 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 ; in subsection (f)(3)— in subparagraph (A)(i), by striking accident and inserting crash ; by redesignating subparagraphs
(C)through
(F)as subparagraphs
(D)through (G), respectively; by inserting after subparagraph
(B)the following: A State law requiring the use of a helmet for each motorcycle rider under the age of 18. ; and in subparagraph
(F)(as so redesignated), in the subparagraph heading, by striking and inserting accidents ; crashes by striking subsection (g); by redesignating subsection
(h)as subsection (g); in subsection
(g)(as so redesignated)— by redesignating paragraphs
(1)through
(5)as paragraphs
(2)through (6), respectively; by inserting before paragraph
(2)(as so redesignated) the following: In this subsection, the term nonmotorized road user means— a pedestrian; an individual using a nonmotorized mode of transportation, including a bicycle, a scooter, or a personal conveyance; and 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. ; in paragraph
(2)(as so redesignated), by striking pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle and inserting nonmotorized road user fatalities involving a motor vehicle in transit on a trafficway ; in paragraph
(4)(as so redesignated), by striking pedestrian and bicycle and inserting nonmotorized road user ; and by striking paragraph
(5)(as so redesignated) and inserting the following: Grant funds received by a State under this subsection may be used for the safety of nonmotorized road users, including— 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; carrying out a program to support enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to nonmotorized road user safety; public education and awareness programs designed to inform motorists and nonmotorized road users regarding— nonmotorized road user safety, including information relating to nonmotorized mobility and the importance of speed management to the safety of nonmotorized road users; 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; State traffic laws applicable to nonmotorized road user safety, including the responsibilities of motorists with respect to nonmotorized road users; and infrastructure designed to improve nonmotorized road user safety; and the collection of data, and the establishment and maintenance of data systems, relating to nonmotorized road user traffic fatalities. ; and by adding at the end the following: The Secretary shall provide grants to States to prevent death and injury from crashes involving motor vehicles striking other vehicles and individuals stopped at the roadside. The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent. A State shall receive a grant under this subsection in a fiscal year if the State submits to the Secretary a plan that describes the method by which the State will use grant funds in accordance with paragraph (4). Amounts received by a State under this subsection shall be used by the State— to purchase and deploy digital alert technology that— is capable of receiving alerts regarding nearby first responders; and 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; 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; for law enforcement costs relating to enforcing State laws to protect the safety of vehicles and individuals stopped at the roadside; 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 to pilot and incentivize measures, including optical visibility measures, to increase the visibility of stopped and disabled vehicles. The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402 for fiscal year 2022. In this subsection, the term peace officer includes any individual— who is an elected, appointed, or employed agent of a government entity; who has the authority— to carry firearms; and to make warrantless arrests; and whose duties involve the enforcement of criminal laws of the United States. Subject to the requirements of this subsection, the Secretary shall provide grants to— States that enact or adopt a law or program described in paragraph (4); and qualifying States under paragraph (7). The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent. A law or program referred to in paragraph (2)(A) is a law or program that requires 1 or more of the following: The inclusion, in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the State, of instruction and testing relating to law enforcement practices during traffic stops, including information relating to— the role of law enforcement and the duties and responsibilities of peace officers; the legal rights of individuals concerning interactions with peace officers; best practices for civilians and peace officers during those interactions; the consequences for failure of an individual or officer to comply with the law or program; and how and where to file a complaint against, or a compliment relating to, 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. A State may use a grant provided under this subsection for— 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 the implementation of a law or program described in paragraph (4). The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402 for fiscal year 2022. In this paragraph, the term qualifying State means a State that— has received a grant under this subsection for a period of not more than 5 years; and as determined by the Secretary— has not fully enacted or adopted a law or program described in paragraph (4); but has taken meaningful steps toward the full implementation of such a law or program; and has established a timetable for the implementation of such a law or program. The Secretary shall— 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 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). . Section 4010(2) of the FAST Act ( 23 U.S.C. 405 note; Public Law 114–94 ) is amended by inserting all before deficiencies . The amendments made by subsection
(a)shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter.
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