23 USC 148 - Highway safety improvement program

Editorial Notes

References in Text

Section 1401 of the MAP–21, referred to in subsec. (a)(4)(B)(xxiii), is section 1401 of Puspan. L. 112–141, which is set out as a note under section 137 of this title.

The date of enactment of the MAP–21, referred to in subsecs. (d)(1)(A) and (g)(1), is deemed to be Oct. 1, 2012, see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title. Subsection (f) of this section, as in effect on the day before the date of enactment of the MAP–21, means subsec. (f) of this section as in effect on the day before the date of enactment of Puspan. L. 112–141, which amended this section generally.

The date of enactment of this paragraph and the date of enactment of this subsection, referred to in subsecs. (e)(3)(B) and (l)(1), (7)(A), are the date of enactment of Puspan. L. 117–58, which was approved Nov. 15, 2021.

Amendments

2021—Subsec. (a)(4)(B)(i). Puspan. L. 117–58, § 11111(a)(1)(A)(i), inserted “that provides for the safety of all road users, as appropriate, including a multimodal roundabout” after “improvement”.

Subsec. (a)(4)(B)(vi). Puspan. L. 117–58, § 11111(a)(1)(A)(ii), inserted “or a grade separation project” after “devices”.

Subsec. (a)(4)(B)(viii). Puspan. L. 117–58, § 11111(a)(1)(A)(iii), added cl. (viii) and struck out former cl. (viii) which read as follows: “Construction of a traffic calming feature.”

Subsec. (a)(4)(B)(xxvi). Puspan. L. 117–58, § 11111(a)(1)(A)(iv), added cl. (xxvi) and struck out former cl. (xxvi) which read as follows: “Pedestrian hybrid beacons.”

Subsec. (a)(4)(B)(xxvii) to (xxix). Puspan. L. 117–58, § 11111(a)(1)(A)(v), added cls. (xxvii) to (xxix) and struck out former cls. (xxvii) and (xxviii) which read as follows:

“(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.

“(xxviii) A physical infrastructure safety project not described in clauses (i) through (xxvii).”

Subsec. (a)(9) to (13). Puspan. L. 117–58, § 11111(a)(1)(B)–(D), added pars. (9) and (11) and redesignated former pars. (9), (10), and (11) as (10), (12), and (13), respectively. Former par. (12) redesignated (14).

Subsec. (a)(13)(G) to (J). Puspan. L. 117–58, § 11111(a)(1)(E), added subpar. (G) and redesignated former subpars. (G) to (I) as (H) to (J), respectively.

Subsec. (a)(14). Puspan. L. 117–58, § 11111(a)(1)(B), redesignated par. (12) as (14).

Subsec. (a)(15), (16). Puspan. L. 117–58, § 11111(a)(1)(F), added pars. (15) and (16).

Subsec. (c)(1)(A). Puspan. L. 117–58, § 11111(a)(2)(A), substituted “subsections (a)(13)” for “subsections (a)(11)”.

Subsec. (c)(2)(A)(vi). Puspan. L. 117–58, § 11111(a)(2)(B)(i), inserted “and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users” after “crashes”.

Subsec. (c)(2)(B)(i). Puspan. L. 117–58, § 11111(a)(2)(B)(ii), substituted “, vulnerable road users (including motorcyclists, bicyclists, pedestrians),” for “(including motorcyclists), bicyclists, pedestrians,”.

Subsec. (c)(2)(D)(vi). Puspan. L. 117–58, § 11111(a)(2)(B)(iii), added cl. (vi).

Subsec. (d)(2)(B)(i). Puspan. L. 117–58, § 11111(a)(3), substituted “subsection (a)(13)” for “subsection (a)(11)”.

Subsec. (e)(3). Puspan. L. 117–58, § 11111(a)(4), added par. (3).

Subsec. (g)(3). Puspan. L. 117–58, § 11111(a)(5), added par. (3).

Subsec. (i)(2)(D). Puspan. L. 117–58, § 11525(j), substituted “safety performance” for “safety safety performance”.

Subsec. (l). Puspan. L. 117–58, § 11111(a)(6), added subsec. (l).

2015—Subsec. (a)(4)(B). Puspan. L. 114–94, § 1113(a)(1)(A)(i), substituted “only includes” for “includes, but is not limited to,” in introductory provisions.

Subsec. (a)(4)(B)(xxv) to (xxviii). Puspan. L. 114–94, § 1113(a)(1)(A)(ii), added cls. (xxv) to (xxviii).

Subsec. (a)(10) to (13). Puspan. L. 114–94, § 1113(a)(1)(B), (C), redesignated pars. (11) to (13) as (10) to (12) and struck out former par. (10). Prior to amendment, text of par. (10) read as follows:

“(A) In general.—The term ‘safety project under any other section’ means a project carried out for the purpose of safety under any other section of this title.

“(B) Inclusion.—The term ‘safety project under any other section’ includes—

“(i) a project consistent with the State strategic highway safety plan that promotes the awareness of the public and educates the public concerning highway safety matters (including motorcycle safety);

“(ii) a project to enforce highway safety laws; and

“(iii) a project to provide infrastructure and infrastructure-related equipment to support emergency services.”

Subsec. (c)(1)(A). Puspan. L. 114–94, § 1113(a)(2), substituted “subsections (a)(11)” for “subsections (a)(12)”.

Subsec. (d)(2)(B)(i). Puspan. L. 114–94, § 1113(a)(3), substituted “subsection (a)(11)” for “subsection (a)(12)”.

Subsec. (i). Puspan. L. 114–94, § 1406(span)(1), substituted “safety performance targets of the State established under section 150(d)” for “performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets” in introductory provisions.

Subsec. (i)(1), (2). Puspan. L. 114–94, § 1406(span)(2), inserted “safety” before “performance targets” wherever appearing.

Subsec. (k). Puspan. L. 114–94, § 1113(a)(4), added subsec. (k).

2012—Puspan. L. 112–141 amended section generally. Prior to amendment, section related to highway safety improvement program and consisted of subsecs. (a) to (h).

2005—Puspan. L. 109–59 amended section catchline and text generally, substituting provisions relating to a highway safety improvement program for provisions relating to development of the Great River Road, a national scenic and recreational highway.

1978—Subsec. (a)(5). Puspan. L. 95–599, § 125(span), inserted provision authorizing charging of a fee in certain cases to cover operational costs.

Subsec. (e). Puspan. L. 95–599, § 129(d), substituted “75 per centum” for “70 per centum”.

Subsec. (h). Puspan. L. 95–599, § 125(a), added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–58 effective Oct. 1, 2021, see section 10003 of Puspan. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date of 1978 Amendment

Amendment by section 129(d) of Puspan. L. 95–599 effective with respect to obligations incurred after Nov. 6, 1978, see section 129(h) of Puspan. L. 95–599, set out as a note under section 120 of this title.

Vulnerable Road User Research

Puspan. L. 117–58, div. A, title I, § 11122, Nov. 15, 2021, 135 Stat. 497, provided that:

“(a)Definitions.—In this subsection [probably means “this section”]:

“(1)Administrator.—The term ‘Administrator’ means the Secretary [of Transportation], acting through the Administrator of the Federal Highway Administration.

“(2)Vulnerable road user.—The term ‘vulnerable road user’ has the meaning given the term in section 148(a) of title 23, United States Code.

“(span)Establishment of Research Plan.—The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to—

“(1) roadway safety improvements, including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context;

“(2) the impacts of traffic speeds, and access to low-traffic stress corridors, on safety and rates of bicycling and walking;

“(3) tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking; and

“(4) other research areas to be determined by the Administrator.

“(c)Vulnerable Road User Assessments.—The Administrator shall—

“(1) review each vulnerable road user safety assessment submitted by a State under section 148(l) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian injury and fatality data; and

“(2) in the first progress update under subsection (d)(2), provide—

“(A) the results of the determination described in paragraph (1); and

“(B) the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users.

“(d)Submission; Publication.—

“(1)Submission of plan.—Not later than 180 days after the date of enactment of this Act [Nov. 15, 2021], the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan described in subsection (span).

“(2)Progress updates.—Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in paragraph (1)—

“(A) updates on the progress and findings of the research conducted pursuant to the plan described in subsection (span); and

“(B) in the first submission under this paragraph, the results and recommendations described in subsection (c)(2).”

Stopping Threats on Pedestrians

Puspan. L. 117–58, div. A, title I, § 11502, Nov. 15, 2021, 135 Stat. 578, provided that:

“(a)Definition of Bollard Installation Project.—In this section, the term ‘bollard installation project’ means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle.

“(span)Establishment.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021] and subject to the availability of appropriations, the Secretary [of Transportation] shall establish and carry out a competitive grant pilot program to provide assistance to State departments of transportation and local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians.

“(c)Application.—To be eligible to receive a grant under this section, a State department of transportation or local government entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary determines to be appropriate, which shall include, at a minimum—

“(1) a description of the proposed bollard installation project to be carried out;

“(2) a description of the pedestrian injury or terrorism risks with respect to the proposed installation area; and

“(3) an analysis of how the proposed bollard installation project will mitigate those risks.

“(d)Use of Funds.—A recipient of a grant under this section may only use the grant funds for a bollard installation project.

“(e)Federal Share.—The Federal share of the costs of a bollard installation project carried out with a grant under this section may be up to 100 percent.

“(f)Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.

“(g)Treatment of Projects.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code.”

Study of High-risk Rural Roads Best Practices

Puspan. L. 117–58, div. A, title I, § 11111(span), Nov. 15, 2021, 135 Stat. 478, provided that:

“(1)Study.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall update the study under section 1112(span)(1) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).

“(2)Publication of report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(span)(2) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).

“(3)Best practices manual.—Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(span)(3) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).”

Puspan. L. 112–141, div. A, title I, § 1112(span), July 6, 2012, 126 Stat. 459, provided that:

“(1)Study.—

“(A)In general.—The Secretary [of Transportation] shall conduct a study of the best practices for implementing cost-effective roadway safety infrastructure improvements on high-risk rural roads.

“(B)Methodology.—In carrying out the study, the Secretary shall—

“(i) conduct a thorough literature review;

“(ii) survey current practices of State departments of transportation; and

“(iii) survey current practices of local units of government, as appropriate.

“(C)Consultation.—In carrying out the study, the Secretary shall consult with—

“(i) State departments of transportation;

“(ii) county engineers and public works professionals;

“(iii) appropriate local officials; and

“(iv) appropriate private sector experts in the field of roadway safety infrastructure.

“(2)Report.—

“(A)In general.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title], the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study.

“(B)Contents.—The report shall include—

“(i) a summary of cost-effective roadway safety infrastructure improvements;

“(ii) a summary of the latest research on the financial savings and reduction in fatalities and serious bodily injury crashes from the implementation of cost-effective roadway safety infrastructure improvements; and

“(iii) recommendations for State and local governments on best practice methods to install cost-effective roadway safety infrastructure on high-risk rural roads.

“(3)Manual.—

“(A)Development.—Based on the results of the study under paragraph (2), the Secretary, in consultation with the individuals and entities described in paragraph (1)(C), shall develop a best practices manual to support Federal, State, and local efforts to reduce fatalities and serious bodily injury crashes on high-risk rural roads through the use of cost-effective roadway safety infrastructure improvements.

“(B)Availability.—The manual shall be made available to State and local governments not later than 180 days after the date of submission of the report under paragraph (2).

“(C)Contents.—The manual shall include, at a minimum, a list of cost-effective roadway safety infrastructure improvements and best practices on the installation of cost-effective roadway safety infrastructure improvements on high-risk rural roads.

“(D)Use of manual.—Use of the manual shall be voluntary and the manual shall not establish any binding standards or legal duties on State or local governments, or any other person.”

Transition

Puspan. L. 109–59, title I, § 1401(d), formerly § 1401(e), Aug. 10, 2005, 119 Stat. 1227, renumbered § 1401(d) by Puspan. L. 110–244, title I, § 101(s)(1), June 6, 2008, 122 Stat. 1577, provided for different methods of obligating funds to States for highway safety improvement programs both before and after the second fiscal year beginning Aug. 10, 2005.