23 USC 405 - National priority safety programs

Editorial Notes

References in Text

The date of enactment of this paragraph, referred to in subsec. (f)(6), is the date of enactment of Puspan. L. 114–94, which was approved Dec. 4, 2015.

Prior Provisions

A prior section 405, added Puspan. L. 93–87, title II, § 230(a), Aug. 13, 1973, 87 Stat. 293; amended Puspan. L. 93–643, § 121, Jan. 4, 1975, 88 Stat. 2289, related to the Federal-aid safer roads demonstration program, prior to repeal by Puspan. L. 94–280, title I, § 135(c), May 5, 1976, 90 Stat. 442.

Amendments

2021—Subsec. (a). Puspan. L. 117–58, § 24105(a)(1)(C), substituted “Program Authority” for “General Authority” in span and struck out introductory provisions which read as follows: “Subject to the requirements of this section, the Secretary shall manage programs to address national priorities for reducing highway deaths and injuries. Funds shall be allocated according to the following:”.

Subsec. (a)(1) to (3). Puspan. L. 117–58, § 24105(a)(1)(B), (C), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Former par. (3) redesignated (4).

Subsec. (a)(4). Puspan. L. 117–58, § 24105(a)(1)(B), (D), redesignated par. (3) as (4) and substituted “53 percent” for “52.5 percent”. Former par. (4) redesignated (5).

Subsec. (a)(5). Puspan. L. 117–58, § 24105(a)(1)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (a)(6). Puspan. L. 117–58, § 24105(a)(1)(A), (B), redesignated par. (5) as (6) and struck out former par. (6). Prior to amendment, text of par. (6) read as follows: “In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that adopt and implement graduated driver licensing laws (as described in subsection (g)).”

Subsec. (a)(7). Puspan. L. 117–58, § 24105(a)(1)(E), substituted “7 percent” for “5 percent” and “subsection (g)” for “subsection (h)”.

Subsec. (a)(8). Puspan. L. 117–58, § 24105(a)(1)(G), added par. (8). Former par. (8) redesignated (10).

Subsec. (a)(9). Puspan. L. 117–58, § 24105(a)(1)(A), (G), added par. (9) and struck out former par. (9). Prior to amendment, text read as follows:

“(A) Certification.—As part of the grant application required in section 402(k)(3)(F), a State receiving a grant in any fiscal year under subsection (span), (c), or (d) of this section shall provide certification that the lead State agency responsible for programs described in any of those subsections is maintaining aggregate expenditures at or above the average level of such expenditures in the 2 fiscal years prior to the date of enactment of the FAST Act.

“(B) Waiver.—Upon the request of a State, the Secretary may waive or modify the requirements under subparagraph (A) for not more than 1 fiscal year if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances.”

Subsec. (a)(10). Puspan. L. 117–58, § 24105(a)(1)(F), (H), redesignated par. (8) as (10) and substituted “paragraphs (2) through (9)” for “paragraphs (1) through (7)” and “subsections (span) through (i)” for “subsections (span) through (h)”. Former par. (10) redesignated (11).

Subsec. (a)(11). Puspan. L. 117–58, § 24105(a)(1)(F), redesignated par. (10) as (11).

Subsec. (span)(1). Puspan. L. 117–58, § 24105(a)(2)(A), struck out “of Transportation” before “shall award grants”.

Subsec. (span)(3)(B)(ii)(VI)(aa). Puspan. L. 117–58, § 24105(a)(2)(B), substituted “5-year” for “3-year”.

Subsec. (span)(4)(A)(v). Puspan. L. 117–58, § 24105(a)(2)(C)(i), added cl. (v) and struck out former cl. (v) which read as follows: “purchase and distribute child restraints to low-income families, provided that not more than 5 percent of the funds received in a fiscal year are used for such purpose; and”.

Subsec. (span)(4)(B). Puspan. L. 117–58, § 24105(a)(2)(C)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “A State that is eligible for funds under paragraph (3)(A) may use up to 100 percent of such funds for any project or activity eligible for funding under section 402.”

Subsec. (c)(1). Puspan. L. 117–58, § 24105(a)(3)(A)(i), struck out “of Transportation” before “shall award grants” in introductory provisions.

Subsec. (c)(1)(D). Puspan. L. 117–58, § 24105(a)(3)(A)(ii), substituted “States, including the National EMS Information System;” for “States; and”.

Subsec. (c)(3). Puspan. L. 117–58, § 24105(a)(3)(B)(i), substituted “A State shall not be eligible to receive a grant under this subsection for a fiscal year unless the State—” for “A State is not eligible for a grant under this subsection in a fiscal year unless the State demonstrates, to the satisfaction of the Secretary, that the State—” in introductory provisions.

Subsec. (c)(3)(A). Puspan. L. 117–58, § 24105(a)(3)(B)(i), (ii)(II), (iii)(II), substituted “has certified to the Secretary that the State—” for “has a functioning”, designated remainder of existing provisions as cl. (i), and redesignated subpars. (B) and (C) of par. (3) as cls. (ii) and (iii), respectively, of subpar. (A) and realigned margins.

Subsec. (c)(3)(B). Puspan. L. 117–58, § 24105(a)(3)(B)(iv), redesignated subpar. (D) as (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).

Puspan. L. 117–58, § 24105(a)(3)(B)(ii)(I), inserted “and” after semicolon at end.

Subsec. (c)(3)(B)(vi). Puspan. L. 117–58, § 24105(a)(3)(B)(v), substituted period for “; and” at end.

Subsec. (c)(3)(C). Puspan. L. 117–58, § 24105(a)(3)(B)(iii)(I), inserted “and” after semicolon at end.

Subsec. (c)(3)(E). Puspan. L. 117–58, § 24105(a)(3)(B)(vi), struck out subpar. (E) which read as follows: “has certified to the Secretary that an assessment of the State’s highway safety data and traffic records system was conducted or updated during the preceding 5 years.”

Subsec. (c)(4). Puspan. L. 117–58, § 24105(a)(3)(C), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “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).”

Subsec. (c)(6). Puspan. L. 117–58, § 24105(a)(3)(D), added par. (6).

Subsec. (d)(4)(B)(iii). Puspan. L. 117–58, § 24105(a)(4)(A)(i)(I), added cl. (iii) and struck out former cl. (iii) which read as follows: “court support of high-visibility enforcement efforts, training and education of criminal justice professionals (including law enforcement, prosecutors, judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts;”.

Subsec. (d)(4)(B)(v). Puspan. L. 117–58, § 24105(a)(4)(A)(i)(II), added cl. (v) and struck out former cl. (v) which read as follows: “improving blood-alcohol concentration testing and reporting;”.

Subsec. (d)(4)(B)(vi). Puspan. L. 117–58, § 24105(a)(4)(A)(i)(III), substituted “conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and” for “conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and”.

Subsec. (d)(4)(B)(xi). Puspan. L. 117–58, § 24105(a)(4)(A)(i)(IV)–(VI), added cl. (xi).

Subsec. (d)(4)(C). Puspan. L. 117–58, § 24105(a)(4)(A)(ii), designated first sentence as cl. (i), inserted span, and substituted “Subject to clause (iii), low-range” for “Low-range”; designated second sentence as cl. (ii), inserted span, and substituted “Subject to clause (iii), medium-range” for “Medium-range”; and added cl. (iii).

Subsec. (d)(6)(A). Puspan. L. 117–58, § 24105(a)(4)(B)(i), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “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.”

Subsec. (d)(6)(D). Puspan. L. 117–58, § 24105(a)(4)(B)(ii), substituted “2022” for “2009”.

Subsec. (d)(7)(A). Puspan. L. 117–58, § 24105(a)(4)(C), inserted “or local” after “authorizes a State” in introductory provisions.

Subsec. (e)(1). Puspan. L. 117–58, § 24105(a)(5)(B), (C)(i), redesignated par. (9) as (1) and struck out “, the following definitions apply” after “In this subsection” in introductory provisions. Former par. (1) redesignated (2).

Subsec. (e)(1)(B). Puspan. L. 117–58, § 24105(a)(5)(C)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “The term ‘personal wireless communications device’—

“(i) means a device through which personal wireless services (as 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; and

“(ii) does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.”

Subsec. (e)(1)(E), (F). Puspan. L. 117–58, § 24105(a)(5)(C)(iii), added subpars. (E) and (F) and struck out former subpar. (E). Prior to amendment, text of subpar. (E) read as follows: “The term ‘texting’ means 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.”

Subsec. (e)(2). Puspan. L. 117–58, § 24105(a)(5)(B), (D), redesignated par. (1) as (2), struck it out, and added a new par. (2). Prior to amendment, text read as follows: “The Secretary shall award a grant under this subsection to any State that includes distracted driving awareness as part of the State’s driver’s license examination, and enacts and enforces a law that meets the requirements set forth in paragraphs (2) and (3).” Former par. (2) redesignated (4).

Subsec. (e)(3). Puspan. L. 117–58, § 24105(a)(5)(D), added par. (3).

Subsec. (e)(4). Puspan. L. 117–58, § 24105(a)(5)(B), (E)(i), redesignated par. (2) as (4) and substituted “of this” for “set forth in this” in introductory provisions. Former par. (4) redesignated (7).

Subsec. (e)(4)(B). Puspan. L. 117–58, § 24105(a)(5)(E)(ii)–(iv), redesignated subpar. (C) as (B), struck out “minimum” before “fine”, and struck out former subpar. (B) which read as follows: “makes violation of the law a primary offense;”.

Subsec. (e)(4)(C), (D). Puspan. L. 117–58, § 24105(a)(5)(E)(iii), (v), redesignated subpar. (D) as (C) and substituted “use a personal wireless communications device for texting” for “text through a personal wireless communication device”. Former subpar. (C) redesignated (B).

Subsec. (e)(5). Puspan. L. 117–58, § 24105(a)(5)(F), added par. (5).

Subsec. (e)(6). Puspan. L. 117–58, § 24105(a)(5)(A), (B), (G)(i), redesignated par. (3) as (6), substituted “of this” for “set forth in this” in introductory provisions, and struck out former par. (6) which related to additional grants for activities related to enforcement of distracted driving laws.

Subsec. (e)(6)(A)(ii). Puspan. L. 117–58, § 24105(a)(5)(G)(ii), struck out “set forth in subsection (g)(2)(B)” after “intermediate license stage”.

Subsec. (e)(6)(B). Puspan. L. 117–58, § 24105(a)(5)(G)(iii)–(v), redesignated subpar. (C) as (B), struck out “minimum” before “fine”, and struck out former subpar. (B) which read as follows: “makes violation of the law a primary offense;”.

Subsec. (e)(6)(C). Puspan. L. 117–58, § 24105(a)(5)(G)(vi), added subpar. (C). Former subpar. (C) redesignated (B).

Subsec. (e)(6)(D). Puspan. L. 117–58, § 24105(a)(5)(G)(iii), struck out subpar. (D) which read as follows: “does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.”

Subsec. (e)(7). Puspan. L. 117–58, § 24105(a)(5)(B), (H)(i), redesignated par. (4) as (7) and substituted “of paragraph (4), (5), or (6)” for “set forth in paragraph (2) or (3)” in introductory provisions. Former par. (7) redesignated (9).

Subsec. (e)(7)(A). Puspan. L. 117–58, § 24105(a)(5)(H)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: “a driver who uses a personal wireless communications device to contact emergency services;”.

Subsec. (e)(7)(D) to (F). Puspan. L. 117–58, § 24105(a)(5)(H)(iii)–(v), added subpars. (D) and (E) and redesignated former subpar. (D) as (F).

Subsec. (e)(8). Puspan. L. 117–58, § 24105(a)(5)(A), (B), redesignated par. (5) as (8) and struck out former par. (8). Prior to amendment, text of par. (8) read as follows: “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.”

Subsec. (e)(9). Puspan. L. 117–58, § 24105(a)(5)(B), redesignated par. (7) as (9). Former par. (9) redesignated (1).

Subsec. (f)(3)(A)(i). Puspan. L. 117–58, § 24105(a)(6)(A), substituted “crash” for “accident”.

Subsec. (f)(3)(C) to (E). Puspan. L. 117–58, § 24105(a)(6)(B), (C), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively. Former subpar. (E) redesignated (F).

Subsec. (f)(3)(F). Puspan. L. 117–58, § 24105(a)(6)(B), (D), redesignated subpar. (E) as (F) and substituted “crashes” for “accidents” in span. Former subpar. (F) redesignated (G).

Subsec. (f)(3)(G). Puspan. L. 117–58, § 24105(a)(6)(B), redesignated subpar. (F) as (G).

Subsec. (g). Puspan. L. 117–58, § 24105(a)(7), (8), redesignated subsec. (h) as (g) and struck out former subsec. (g) which authorized Secretary to award grants to States that adopt and implement graduated driver licensing laws and meet minimum requirements and to promulgate regulations necessary to implement minimum requirements.

Subsec. (g)(1). Puspan. L. 117–58, § 24105(a)(9)(B), added par. (1). Former par. (1) redesignated (2).

Subsec. (g)(2). Puspan. L. 117–58, § 24105(a)(9)(A), (C), redesignated par. (1) as (2) and substituted “nonmotorized road user fatalities involving a motor vehicle in transit on a trafficway” for “pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle”. Former par. (2) redesignated (3).

Subsec. (g)(3). Puspan. L. 117–58, § 24105(a)(9)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (g)(4). Puspan. L. 117–58, § 24105(a)(9)(A), (D), redesignated par. (3) as (4) and substituted “nonmotorized road user” for “pedestrian and bicycle”. Former par. (4) redesignated (5).

Subsec. (g)(5). Puspan. L. 117–58, § 24105(a)(9)(A), (E), redesignated par. (4) as (5), struck it out, and added a new par. (5). Prior to amendment, par. related to use of grant funds received by a State with traffic laws applicable to pedestrian and bicycle safety. Former par. (5) redesignated (6).

Subsec. (g)(6). Puspan. L. 117–58, § 24105(a)(9)(A), redesignated par. (5) as (6).

Subsecs. (h), (i). Puspan. L. 117–58, § 24105(a)(10), added subsecs. (h) and (i). Former subsec. (h) redesignated (g).

2015—Subsec. (a). Puspan. L. 114–94, § 4005(a), amended subsec. (a) generally. Prior to amendment, text related to the general authority of the Secretary of Transportation to manage programs to address national priorities for reducing highway deaths and injuries.

Subsec. (span)(4)(B). Puspan. L. 114–94, § 4005(span), substituted “100 percent” for “75 percent”.

Subsec. (d)(4). Puspan. L. 114–94, § 4005(c)(1), added par. (4) and struck out former par. (4), which related to the use of grant funds.

Subsec. (d)(5). Puspan. L. 114–94, § 4014(3)(A)(i), substituted “under section 402” for “under section 402(c)”.

Subsec. (d)(6). Puspan. L. 114–94, § 4005(c)(2)(A), amended span generally. Prior to amendment, span read as follows: “Grants to states that adopt and enforce mandatory alcohol-ignition interlock laws.”.

Subsec. (d)(6)(A). Puspan. L. 114–94, § 4005(c)(2)(B), amended span generally. Prior to amendment, span read as follows: “In general.—”.

Subsec. (d)(6)(B). Puspan. L. 114–94, § 4005(c)(2)(D), added subpar. (B). Former subsec. (B) redesignated (C).

Subsec. (d)(6)(C). Puspan. L. 114–94, § 4014(3)(A)(ii), which directed substitution of “in proportion to the State’s apportionment under section 402 for fiscal year 2009” for “on the basis of the apportionment formula set forth in section 402(c)” in subpar. (D) as redesignated by Puspan. L. 114–94, § 4005(c)(2)(C), was executed by making substitution to subpar. (C) to reflect the probable intent of Congress.

Puspan. L. 114–94, § 4005(c)(2)(C), (E), redesignated subpar. (B) as (C), and in subpar. (C) substituted “and subparagraph (B)” after “subparagraph (A)”. Former subpar. (C) redesignated (D).

Subsec. (d)(6)(D). Puspan. L. 114–94, § 4005(c)(2)(F), inserted “and subparagraph (B)” after “subparagraph (A)”.

Puspan. L. 114–94, § 4005(c)(2)(C), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).

Subsec. (d)(6)(E). Puspan. L. 114–94, § 4005(c)(2)(G), amended subpar. (E) generally. Prior to amendment, subpar. (E) related to funding.

Puspan. L. 114–94, § 4005(c)(2)(C), redesignated subpar. (D) as (E).

Subsec. (d)(6)(F). Puspan. L. 114–94, § 4005(c)(2)(H), added subpar. (F).

Subsec. (d)(7)(A). Puspan. L. 114–94, § 4005(c)(3)(A)(i), in introductory provisions, substituted “or an agency with jurisdiction” for “or a State agency” and inserted “bond,” before “sentence”.

Subsec. (d)(7)(A)(i). Puspan. L. 114–94, § 4005(c)(3)(A)(ii), substituted “who was arrested for, plead guilty to, or” for “who plead guilty or”.

Subsec. (d)(7)(A)(ii)(I). Puspan. L. 114–94, § 4005(c)(3)(A)(iii), inserted “at a testing location” after “twice per day”.

Subsec. (d)(7)(D). Puspan. L. 114–94, § 4005(c)(3)(B), struck out second period at end.

Subsec. (e). Puspan. L. 114–94, § 4005(d), amended subsec. (e) generally. Prior to amendment, section provided for award of distracted driving grants.

Subsec. (f)(2). Puspan. L. 114–94, § 4005(e)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The amount of a grant awarded to a State for a fiscal year under this subsection may not exceed 25 percent of the amount apportioned to the State for fiscal year 2003 under section 402.”

Subsec. (f)(4)(A)(iv). Puspan. L. 114–94, § 4014(3)(B), substituted “including” for “such as the” and struck out “developed under subsection (g)” after “safety messages”.

Subsec. (f)(4)(C). Puspan. L. 114–94, § 4005(e)(2), added subpar. (C).

Subsec. (f)(6). Puspan. L. 114–94, § 4005(e)(3), added par. (6).

Subsec. (g)(2)(A). Puspan. L. 114–94, § 4005(f)(1)(A), substituted “18” for “21”.

Subsec. (g)(2)(B). Puspan. L. 114–94, § 4005(f)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to state compliance with the 2-stage licensing process.

Subsec. (g)(6). Puspan. L. 114–94, § 4005(f)(2), added par. (6).

Subsec. (h). Puspan. L. 114–94, § 4005(g), added subsec. (h).

2012—Puspan. L. 112–141 amended section generally. Prior to amendment, section related to occupant protection incentive grants.

2011—Subsec. (a)(3). Puspan. L. 112–30, § 121(c)(1)(A), substituted “9” for “8”.

Subsec. (a)(4)(C). Puspan. L. 112–30, § 121(c)(1)(B), substituted “fifth through ninth” for “fifth through eighth”.

2010—Subsec. (a)(3). Puspan. L. 111–147, § 421(c)(1)(A), substituted “8” for “6”.

Subsec. (a)(4)(C). Puspan. L. 111–147, § 421(c)(1)(B), substituted “fifth through eighth” for “fifth and sixth”.

2005—Subsec. (a)(2). Puspan. L. 109–59, § 2004(a)(1), substituted “SAFETEA–LU” for “Transportation Equity Act for the 21st Century”.

Subsec. (a)(3). Puspan. L. 109–59, § 2004(a)(2), substituted “2003” for “1997”.

Subsec. (a)(4). Puspan. L. 109–59, § 2004(a)(3), inserted “beginning after September 30, 2003,” after “years” in subpars. (A) to (C).

Subsec. (c). Puspan. L. 109–59, § 2004(c), substituted “100 percent” for “25 percent” and “2003” for “1997”.

Subsec. (d). Puspan. L. 109–59, § 2002(e), struck out span and text of subsec. (d). Text read as follows: “Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of this section.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. L. 117–58, div. B, title IV, § 24105(c), Nov. 15, 2021, 135 Stat. 806, provided that: “The amendments made by subsection (a) [amending this section] 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.”

Effective Date of 2015 Amendment

Except as otherwise provided, 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.

Amendment by section 4005 of Puspan. L. 114–94 effective Oct. 1, 2016, see section 4015 of Puspan. L. 114–94, set out as a note under under section 164 of this title.

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 2005 Amendment

Amendment by Puspan. L. 109–59 effective Oct. 1, 2005, see section 2022 of Puspan. L. 109–59, set out as a note under section 402 of this title.

Crash Data

Puspan. L. 117–58, div. B, title IV, § 24108, Nov. 15, 2021, 135 Stat. 807, provided that:

“(a)In General.—Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall revise the crash data collection system to include the collection of crash report data elements that distinguish individual personal conveyance vehicles, such as electric scooters and bicycles, from other vehicles involved in a crash.

“(span)Coordination.—In carrying out subsection (a), the Secretary may coordinate with States to update the Model Minimum Uniform Crash Criteria to provide guidance to States regarding the collection of information and data elements for the crash data collection system.

“(c)Vulnerable Road Users.—

“(1)Update.—Based on the information contained in the vulnerable road user safety assessments required by subsection (f) of section 32302 of title 49, United States Code (as added by section 24213(span)(2)), the Secretary shall modify existing crash data collection systems to include the collection of additional crash report data elements relating to vulnerable road user safety.

“(2)Injury health data.—The Secretary shall coordinate with the Director of the Centers for Disease Control and Prevention to develop and implement a plan for States to combine highway crash data and injury health data to produce a national database of pedestrian injuries and fatalities, disaggregated by demographic characteristics.

“(d)State Electronic Data Collection.—

“(1)Definitions.—In this subsection:

“(A)Electronic data transfer.—The term ‘electronic data transfer’ means a protocol for automated electronic transfer of State crash data to the National Highway Traffic Safety Administration.

“(B)State.—The term ‘State’ means—

“(i) each of the 50 States;

“(ii) the District of Columbia;

“(iii) the Commonwealth of Puerto Rico;

“(iv) the United States Virgin Islands;

“(v) Guam;

“(vi) American Samoa;

“(vii) the Commonwealth of the Northern Mariana Islands; and

“(viii) the Secretary of the Interior, acting on behalf of an Indian Tribe.

“(2)Establishment of program.—The Secretary shall establish a program under which the Secretary shall—

“(A) provide grants for the modernization of State data collection systems to enable full electronic data transfer under paragraph (3); and

“(B) upgrade the National Highway Traffic Safety Administration system to manage and support State electronic data transfers relating to crashes under paragraph (4).

“(3)State grants.—

“(A)In general.—The Secretary shall provide grants to States to upgrade and standardize State crash data systems to enable electronic data collection, intrastate data sharing, and electronic data transfers to the National Highway Traffic Safety Administration to increase the accuracy, timeliness, and accessibility of the data, including data relating to fatalities involving vulnerable road users.

“(B)Eligibility.—A State shall be eligible to receive a grant under this paragraph if the State submits to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, that includes a plan to implement full electronic data transfer to the National Highway Traffic Safety Administration by not later than 5 years after the date on which the grant is provided.

“(C)Use of funds.—A grant provided under this paragraph may be used for the costs of—

“(i) equipment to upgrade a statewide crash data repository;

“(ii) adoption of electronic crash reporting by law enforcement agencies; and

“(iii) increasing alignment of State crash data with the latest Model Minimum Uniform Crash Criteria.

“(D)Federal share.—The Federal share of the cost of a project funded with a grant under this paragraph may be up to 80 percent.

“(4)National highway traffic safety administration system upgrade.—The Secretary shall manage and support State electronic data transfers relating to vehicle crashes by—

“(A) increasing the capacity of the National Highway Traffic Safety Administration system; and

“(B) making State crash data accessible to the public.

“(e)Crash Investigation Sampling System.—The Secretary may use funds made available to carry out this section to enhance the collection of crash data by upgrading the Crash Investigation Sampling System to include—

“(1) additional program sites;

“(2) an expanded scope that includes all crash types; and

“(3) on-scene investigation protocols.

“(f)Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.”

National Priority Safety Program Grant Eligibility

Puspan. L. 114–94, div. A, title IV, § 4010, Dec. 4, 2015, 129 Stat. 1511, as amended by Puspan. L. 117–58, div. B, title IV, § 24105(span), Nov. 15, 2021, 135 Stat. 806, provided that: “Not later than 60 days after the date on which the Secretary [of Transportation] awards grants under section 405 of title 23, United States Code, the Secretary shall make available on a publicly available Internet Wespan site of the Department of Transportation—

“(1) an identification of—

“(A) the States that were awarded grants under such section;

“(B) the States that applied and were not awarded grants under such section; and

“(C) the States that did not apply for a grant under such section; and

“(2) a list of all deficiencies that made a State ineligible for a grant under such section for each State under paragraph (1)(B).”

Child Safety and Child Booster Seat Incentive Grants

Puspan. L. 109–59, title II, § 2011, Aug. 10, 2005, 119 Stat. 1538, as amended by Puspan. L. 111–147, title IV, § 421(j)(1), Mar. 18, 2010, 124 Stat. 85; Puspan. L. 112–30, title I, § 121(j)(1), Sept. 16, 2011, 125 Stat. 348, related to child safety and child booster seat incentive grants, prior to repeal by Puspan. L. 112–141, div. C, title I, § 31109(h), July 6, 2012, 126 Stat. 757.

Child Passenger Protection Education Grants

Puspan. L. 105–178, title II, § 2003(span), June 9, 1998, 112 Stat. 327, authorized the Secretary to make grants to States to implement child passenger protection programs, required reports from States and the Secretary regarding those programs, and authorized appropriations for fiscal years 2000 and 2001.