Sec. 24102. HIGHWAY SAFETY PROGRAMS
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## SEC. 24102 HIGHWAY SAFETY PROGRAMS ###
(a)In General Section 402 of title 23, United States Code, is amended— ####
(1)by striking “accidents” each place it appears and inserting “crashes”; ####
(2)by striking “accident” each place it appears and inserting “crash”; ####
(3)in subsection (a)— #####
(A)in paragraph (1), by striking “ shall have ” and all that follows through the period at the end and inserting the following: > “shall have in effect a highway safety program that— > > > ###### “(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.” > ; #####
(B)in paragraph (2)(A)— ######
(i)in clause (ii), by striking “occupant protection devices (including the use of safety belts and child restraint systems)” and inserting “safety belts”; ######
(ii)in clause (vii), by striking “and” at the end; ######
(iii)by redesignating clauses
(iii)through
(viii)as clauses
(iv)through (ix), respectively; ######
(iv)by inserting after clause
(ii)the following: > > ### “(iii) > > to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations;” > ; and ######
(v)by adding at the end the following: > > ###### “(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;” > ; and #####
(C)by adding at the end the following: > > #### “(3) Additional considerations > > A State that has legalized medicinal or recreational marijuana shall take into consideration implementing programs in addition to the programs described in paragraph (2)(A)— > > > ##### “(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.” > ; ####
(4)in subsection (b)(1)— #####
(A)in the matter preceding subparagraph (A), by striking “may” and inserting “shall”; #####
(B)by striking subparagraph
(B)and inserting the following: > > ##### “(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)in subparagraph (C), by striking “authorized in accordance with subparagraph (B)”; #####
(D)in subparagraph (D), by striking “with disabilities, including those in wheelchairs” and inserting “, including those with disabilities and those in wheelchairs”; #####
(E)by striking subparagraph
(E)and inserting the following: > > ##### “(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” > ; and #####
(F)in subparagraph (F)— ######
(i)in clause (i), by striking “national law enforcement mobilizations and high-visibility” and inserting “national, high-visibility”; ######
(ii)in clause (iv), by striking “and” after the semicolon at the end; ######
(iii)in clause (v), by striking the period at the end and inserting “; and”; and ######
(iv)by adding at the end the following: > > ###### “(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.” > ; ####
(5)in subsection (c)— #####
(A)in paragraph (1)— ######
(i)by striking the paragraph designation and heading and all that follows through “ Funds authorized ” and inserting the following: > > #### “(1) Use for state activities > > > ##### “(A) In general > > The funds authorized” > ; and ######
(ii)by adding at the end the following: > > ##### “(B) Neighboring states > > A State, acting in cooperation with any neighboring State, may use funds provided under this section for a highway safety program that may confer a benefit on the neighboring State.” > ; #####
(B)by striking paragraphs
(2)and
(3)and inserting the following: > > #### “(2) Apportionment to states > > > ##### “(A) Definition of public road > > In this paragraph, the term ‘public road’ means any road that is— > > > ###### “(i) > > subject to the jurisdiction of, and maintained by, a public authority; and > > > ###### “(ii) > > held open to public travel. > > > ##### “(B) Apportionment > > > ###### “(i) In general > > Except for the amounts identified in section 403(f) and the amounts subject to subparagraph (C), of the funds made available under this section— > > > ###### “(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) Calculation > > For purposes of clause (i)(II), public road mileage shall be— > > > ###### “(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) Minimum apportionments > > The annual apportionment under this section to— > > > ###### “(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) Penalty > > > ###### “(i) In general > > The funds apportioned under this section to a State that does not have approved or in effect a highway safety program described in subsection (a)(1) shall be reduced by an amount equal to not less than 20 percent of the amount that would otherwise be apportioned to the State under this section, until the date on which the Secretary, as applicable— > > > ###### “(I) > > approves such a highway safety program; or > > > ###### “(II) > > determines that the State is implementing such a program. > > > ###### “(ii) Factor for consideration > > In determining the amount of the reduction in funds apportioned to a State under this subparagraph, the Secretary shall take into consideration the gravity of the failure by the State to secure approval, or to implement, a highway safety program described in subsection (a)(1). > > > ##### “(E) Limitations > > > ###### “(i) In general > > A highway safety program approved by the Secretary shall not include any requirement that a State shall implement such a program by adopting or enforcing any law, rule, or regulation based on a guideline promulgated by the Secretary under this section requiring any motorcycle operator aged 18 years or older, or a motorcycle passenger aged 18 years or older, to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. > > > ###### “(ii) Effect of guidelines > > Nothing in this section requires a State highway safety program to require compliance with every uniform guideline, or with every element of every uniform guideline, in every State. > > > #### “(3) Reapportionment > > > ##### “(A) In general > > The Secretary shall promptly apportion to a State any funds withheld from the State under paragraph (2)(D) if the Secretary makes an approval or determination, as applicable, described in that paragraph by not later than July 31 of the fiscal year for which the funds were withheld. > > > ##### “(B) Continuing state failure > > If the Secretary determines that a State fails to correct a failure to have approved or in effect a highway safety program described in subsection (a)(1) by the date described in subparagraph (A), the Secretary shall reapportion the funds withheld from that State under paragraph (2)(D) for the fiscal year to the other States in accordance with the formula described in paragraph (2)(B) by not later than the last day of the fiscal year.” > ; and #####
(C)in paragraph (4)— ######
(i)by striking subparagraph (C); ######
(ii)by redesignating subparagraphs
(A)and
(B)as subparagraphs
(B)and (A), respectively, and moving the subparagraphs so as to appear in alphabetical order; and ######
(iii)by adding at the end the following: > > ##### “(C) Special rule for school and work zones > > Notwithstanding subparagraph (B), a State may expend funds apportioned to the State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system in a work zone or school zone. > > > ##### “(D) Automated traffic enforcement system guidelines > > An automated traffic enforcement system installed pursuant to subparagraph
(C)shall comply with such guidelines applicable to speed enforcement camera systems and red light camera systems as are established by the Secretary.” > ; ####
(6)in subsection (k)— #####
(A)by striking the subsection designation and heading and all that follows through “ thereafter ” in paragraph
(1)and inserting the following: > > ### “(k) Triennial Highway Safety Plan > > > #### “(1) In general > > For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter” > ; #####
(B)in paragraph (1), by striking “for that fiscal year, to develop and submit to the Secretary for approval a highway safety plan” and inserting “for the 3 fiscal years covered by the plan, to develop and submit to the Secretary for approval a triennial highway safety plan”; #####
(C)by striking paragraph
(2)and inserting the following: > > #### “(2) Timing > > Each State shall submit to the Secretary a triennial highway safety plan by not later than July 1 of the fiscal year preceding the first fiscal year covered by the plan.” > ; #####
(D)in paragraph (3), by inserting “triennial” before “highway”; #####
(E)in paragraph (4)— ######
(i)in the matter preceding subparagraph (A)— ######
(I)by striking “State highway safety plans” and inserting “Each State triennial highway safety plan”; and ######
(II)by inserting “, with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2)” after “include”; ######
(ii)in subparagraph (A)(ii), by striking “annual performance targets” and inserting “performance targets that demonstrate constant or improved performance”; ######
(iii)by striking subparagraph
(B)and inserting the following: > > ##### “(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;” > ; ######
(iv)in subparagraph (D)— ######
(I)by striking “, State, local, or private”; and ######
(II)by inserting “and” after the semicolon at the end; ######
(v)in subparagraph (E)— ######
(I)by striking “for the fiscal year preceding the fiscal year to which the plan applies,”; and ######
(II)by striking “performance targets set forth in the previous year’s highway safety plan; and” and inserting “performance targets set forth in the most recently submitted highway safety plan.”; and ######
(vi)by striking subparagraph (F); #####
(F)by striking paragraph
(5)and inserting the following: > > #### “(5) Performance measures > > The Secretary shall develop minimum performance measures under paragraph (4)(A) in consultation with the Governors Highway Safety Association.” > ; and #####
(G)in paragraph (6)— ######
(i)in the paragraph heading, by inserting “triennial” before “highway”; ######
(ii)by redesignating subparagraphs
(B)through
(E)as subparagraphs
(C)through (F), respectively; ######
(iii)in each of subparagraphs
(C)through
(F)(as so redesignated), by inserting “triennial” before “highway” each place it appears; and ######
(iv)by striking subparagraph
(A)and inserting the following: > > ##### “(A) In general > > Except as provided in subparagraph (B), the Secretary shall review and approve or disapprove a triennial highway safety plan of a State by not later than 60 days after the date on which the plan is received by the Secretary. > > > ##### “(B) Additional information > > > ###### “(i) In general > > The Secretary may request a State to submit to the Secretary such additional information as the Secretary determines to be necessary for review of the triennial highway safety plan of the State. > > > ###### “(ii) Extension of deadline > > On providing to a State a request for additional information under clause (i), the Secretary may extend the deadline to approve or disapprove the triennial highway safety plan of the State under subparagraph
(A)for not more than an additional 90 days, as the Secretary determines to be necessary to accommodate that request, subject to clause (iii). > > > ###### “(iii) Timing > > Any additional information requested under clause
(i)shall be submitted to the Secretary by not later than 7 business days after the date of receipt by the State of the request.” > ; ####
(7)by inserting after subsection
(k)the following: > > ### “(l) Annual Grant Application and Reporting Requirements > > > #### “(1) Annual grant application > > > ##### “(A) In general > > To be eligible to receive grant funds under this chapter for a fiscal year, each State shall submit to the Secretary an annual grant application that, as determined by the Secretary— > > > ###### “(i) > > demonstrates alignment with the approved triennial highway safety plan of the State; and > > > ###### “(ii) > > complies with the requirements under this subsection. > > > ##### “(B) Timing > > The deadline for submission of annual grant applications under this paragraph shall be determined by the Secretary in accordance with section 406(d)(2). > > > ##### “(C) Contents > > An annual grant application under this paragraph shall include, at a minimum— > > > ###### “(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) Review > > The Secretary shall review and approve or disapprove an annual grant application under this paragraph by not later than 60 days after the date of submission of the application. > > > #### “(2) Reporting requirements > > Not later than 120 days after the end of each fiscal year for which a grant is provided to a State under this chapter, the State shall submit to the Secretary an annual report that includes— > > > ##### “(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.” > ; ####
(8)in subsection (m)(1), by striking “a State’s highway safety plan” and inserting “the applicable triennial highway safety plan of the State”; and ####
(9)by striking subsection
(n)and inserting the following: > > ### “(n) Public Transparency > > > #### “(1) In general > > The Secretary shall publicly release on a Department of Transportation website, by not later than 45 calendar days after the applicable date of availability— > > > ##### “(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) State highway safety plan website > > > ##### “(A) In general > > In carrying out paragraph (1), the Secretary shall establish a public website that is easily accessible, navigable, and searchable for the information required under that paragraph, in order to foster greater transparency in approved State highway safety programs. > > > ##### “(B) Contents > > The website established under subparagraph
(A)shall— > > > ###### “(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.” > . ###
(b)Effective Date **[**[23 U.S.C. 402 note](/us/usc/t23/s402)**]** 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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Sec. 24102
HIGHWAY SAFETY PROGRAMS
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