Sec. 31102. HIGHWAY SAFETY PROGRAMS
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## SEC. 31102 HIGHWAY SAFETY PROGRAMS ###
(a)Programs Included Section 402(a) of title 23, United States Code, is amended to read as follows: > > ### “(a) Program Required > > > #### “(1) In general > > Each State shall have a highway safety program, approved by the Secretary, that is designed to reduce traffic accidents and the resulting deaths, injuries, and property damage. > > > #### “(2) Uniform guidelines > > Programs required under paragraph
(1)shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that— > > > ##### “(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 occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles; > > > ###### “(iii) > > to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance; > > > ###### “(iv) > > to prevent accidents and reduce injuries and deaths resulting from accidents involving motor vehicles and motorcycles; > > > ###### “(v) > > to reduce injuries and deaths resulting from accidents involving school buses; > > > ###### “(vi) > > to reduce accidents resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles); and > > > ###### “(vii) > > to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures; > > > ##### “(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 accidents (including resulting injuries and deaths); > > > ###### “(ii) > > accident investigations to determine the probable causes of accidents, 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.” > . ###
(b)Administration of State Programs Section 402(b) of title 23, United States Code, is amended— ####
(1)in paragraph (1)— #####
(A)in subparagraph (D), by striking “and” at the end; #####
(B)by redesignating subparagraph
(E)as subparagraph (F); #####
(C)by inserting after subparagraph
(D)the following: > > ##### “(E) > > beginning on the first day of the first fiscal year after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012 in which a State submits its highway safety plan under subsection (f), provide for a data-driven traffic safety enforcement program to prevent traffic violations, crashes, and crash fatalities and injuries in areas most at risk for such incidents, to the satisfaction of the Secretary;” > ; and #####
(D)in subparagraph (F), as redesignated— ######
(i)in clause (i), by inserting “and high-visibility law enforcement mobilizations coordinated by the Secretary” after “mobilizations”; ######
(ii)in clause (iii), by striking “and” at the end; ######
(iii)in clause (iv), by striking the period at the end and inserting “; and”; and ######
(iv)by adding at the end the following: > > ###### “(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 ####
(2)by striking paragraph (3). ###
(c)Approved Highway Safety Programs Section 402(c) of title 23, United States Code, is amended— ####
(1)by striking “
(c)Funds authorized ” and inserting the following: > > ### “(c) Use of Funds > > > #### “(1) In general > > Funds authorized” > ; ####
(2)by striking “ Such funds ” and inserting the following: > > #### “(2) Apportionment > > Except for amounts identified in section 403(f), funds described in paragraph (1)” > ; ####
(3)by striking “The Secretary shall not” and all that follows through “subsection, a highway safety program” and inserting “A highway safety program”; ####
(4)by inserting “A State may use the funds apportioned under this section, in cooperation with neighboring States, for highway safety programs or related projects that may confer benefits on such neighboring States.” after “in every State.”; ####
(5)by striking “50 per centum” and inserting “20 percent”; and ####
(6)by striking “ The Secretary shall promptly ” and all that follows and inserting the following: > > #### “(3) Reapportionment > > The Secretary shall promptly apportion the funds withheld from a State’s apportionment to the State if the Secretary approves the State’s highway safety program or determines that the State has begun implementing an approved program, as appropriate, not later than July 31st of the fiscal year for which the funds were withheld. If the Secretary determines that the State did not correct its failure within such period, the Secretary shall reapportion the withheld funds to the other States in accordance with the formula specified in paragraph
(2)not later than the last day of the fiscal year. > > > #### “(4) Automated traffic enforcement systems > > > ##### “(A) Prohibition > > A State may not expend funds apportioned to that State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. > > > ##### “(B) Automated traffic enforcement system defined > > In this paragraph, the term ‘automated traffic enforcement system’ means any camera which captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a traffic citation, or other enforcement action at the time of the violation.” > . ###
(d)Use of Highway Safety Program Funds Section 402(g) of title 23, United States Code, is amended to read as follows: > > ### “(g) Savings Provision > > > #### “(1) In general > > Except as provided under paragraph (2), nothing in this section may be construed to authorize the appropriation or expenditure of funds for— > > > ##### “(A) > > highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines); or > > > ##### “(B) > > any purpose for which funds are authorized under section 403. > > > #### “(2) Demonstration projects > > A State may use funds made available to carry out this section to assist in demonstration projects carried out by the Secretary under section 403.” > . ###
(e)In General Section 402 of title 23, United States Code, is amended— ####
(1)by striking subsections
(k)and (m); ####
(2)by redesignating subsections
(i)and
(j)as subsections
(h)and (i), respectively; and ####
(3)by redesignating subsection
(l)as subsection (j). ###
(f)Highway Safety Plan and Reporting Requirements Section 402 of title 23, United States Code, as amended by this section, is further amended by adding at the end the following: > > ### “(k) Highway Safety Plan and Reporting Requirements > > > #### “(1) In general > > With respect to fiscal year 2014, and each fiscal year thereafter, the Secretary shall require each State, as a condition of the approval of the State’s highway safety program for that fiscal year, to develop and submit to the Secretary for approval a highway safety plan that complies with the requirements under this subsection. > > > #### “(2) Timing > > Each State shall submit to the Secretary the highway safety plan not later than July 1st of the fiscal year preceding the fiscal year to which the plan applies. > > > #### “(3) Contents > > State highway safety plans submitted under paragraph
(1)shall include— > > > ##### “(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 annual performance targets for each performance measure; and > > > ###### “(iii) > > a justification for each performance target, that explains why each target is appropriate and evidence-based; > > > ##### “(B) > > a strategy for programming funds apportioned to the State under this section on projects and activities that will allow the State to meet the performance targets described in subparagraph (A); > > > ##### “(C) > > data and data analysis supporting the effectiveness of proposed countermeasures; > > > ##### “(D) > > a description of any Federal, State, local, or private 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); > > > ##### “(E) > > for the fiscal year preceding the fiscal year to which the plan applies, a report on the State’s success in meeting State safety goals and performance targets set forth in the previous year’s highway safety plan; and > > > ##### “(F) > > an application for any additional grants available to the State under this chapter. > > > #### “(4) Performance measures > > For the first highway safety plan submitted under this subsection, the performance measures required by the Secretary under paragraph (2)(A) shall be limited to those developed by the National Highway Traffic Safety Administration and the Governor’s Highway Safety Association and described in the report, ‘Traffic Safety Performance Measures for States and Federal Agencies’ (DOT HS 811 025). For subsequent highway safety plans, the Secretary shall coordinate with the Governor’s Highway Safety Association in making revisions to the set of required performance measures. > > > #### “(5) Review of highway safety plans > > > ##### “(A) In general > > Not later than 60 days after the date on which a State’s highway safety plan is received by the Secretary, the Secretary shall review and approve or disapprove the plan. > > > ##### “(B) Approvals and disapprovals > > > ###### “(i) Approvals > > The Secretary shall approve a State’s highway safety plan if the Secretary determines that— > > > ###### “(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) Disapprovals > > The Secretary shall disapprove a State’s highway safety plan if the Secretary determines that— > > > ###### “(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. > > > ##### “(C) Actions upon disapproval > > If the Secretary disapproves a State’s highway safety plan, the Secretary shall— > > > ###### “(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. > > > ##### “(D) Review of resubmitted plans > > If the Secretary requires a State to resubmit a highway safety plan, with modifications, the Secretary shall review and approve or disapprove the modified plan not later than 30 days after the date on which the Secretary receives such plan. > > > ##### “(E) Public notice > > A State shall make the State’s highway safety plan, and decisions of the Secretary concerning approval or disapproval of a revised plan, available to the public.” > . ###
(g)Teen Traffic Safety Program Section 402 of title 23, United States Code, as amended by this section, is further amended by adding at the end the following: > > ### “(m) Teen Traffic Safety > > > #### “(1) In general > > Subject to the requirements of a State’s highway safety plan, as approved by the Secretary under subsection (k), a State may use a portion of the amounts received under this section to implement statewide efforts to improve traffic safety for teen drivers. > > > #### “(2) Use of funds > > Statewide efforts under paragraph (1)— > > > ##### “(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; and > > > ###### “(viii) > > establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for profit entities.” > . ###
(h)Biennial Report to Congress Section 402 of title 23, United States Code, as amended by this section, is further amended by adding at the end the following: > > ### “(n) Biennial Report to Congress > > Not later than October 1, 2015, and biennially thereafter, the Secretary shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that contains— > > > #### “(1) > > an evaluation of each State’s performance with respect to the State’s highway safety plan under subsection
(k)and performance targets set by the States in such plans; and > > > #### “(2) > > such recommendations as the Secretary may have for improvements to activities carried out under subsection (k).” > .