23 U.S.C. § 402 — Highway safety programs
submitted 60 years ago by Pub. L. 89-564 to r/title-23-HIGHWAYS · 4,536 words · no verdicts yet
States must run federally approved highway safety programs to cut traffic deaths and crashes. Programs must follow federal guidelines on speeding, seatbelts, impaired driving, and other risks. Federal funds are split by population and road mileage, with penalties for states without an approved plan. States must also submit safety plans, report progress, and educate the public on child car safety.
(a) Program Required
(1) Every state must have a highway* safety program that is designed to reduce traffic crashes and the deaths, injuries, and property damage they cause; that includes an approved, current 3-year ("triennial") highway safety plan under subsection (k) and an approved annual grant application under subsection (l); that meets the administrative rules in subsection (b)(1); and that the Secretary* approves.
(2) These programs must follow uniform, performance-based guidelines the Secretary sets, covering programs to: cut injuries and deaths from speeding; encourage seatbelt use; encourage proper child-restraint use, especially in underserved communities; reduce impaired driving from alcohol or drugs; prevent motorcycle crashes; reduce school-bus crash injuries; reduce unsafe driving like aggressive, fatigued, or distracted driving; improve law-enforcement crash prevention, traffic supervision, and post-crash response; raise driver awareness of commercial trucks; reduce crashes from drivers misusing or misunderstanding new vehicle technology; increase awareness of vehicle recalls; warn the public about child heatstroke deaths in hot cars; protect drivers who pull over or slow down for stopped emergency vehicles; and prevent crashes, injuries, and deaths from unsecured vehicle loads. The guidelines must also cover improving driver performance (education, proficiency testing, and physical, mental, and licensing exams), improving pedestrian and bicycle safety, keeping good crash records, investigating crash causes, handling vehicle registration and inspection, supporting emergency services, and — where the Secretary decides it fits — applying to federally administered areas.
(3) A state that has legalized medical or recreational marijuana must consider adding programs to educate drivers about marijuana-impaired driving and to reduce marijuana-related crashes.
(b) Administration of State Programs
(1) The Secretary will not approve a state's program unless it: puts the Governor in charge, acting through a properly equipped state highway safety agency; is a comprehensive, data-driven program built on real public participation, especially from communities hit hardest by crashes; spends at least 40% of the state's federal funds under this section through local governments, including tribal governments, on local programs (except as paragraph (2) allows); makes sure curbs built or replaced after July 1, 1976 give people with disabilities and wheelchair users safe, adequate access at every crosswalk; supports data-driven enforcement built on community collaboration, plus data collection to spot and address enforcement disparities; and gives satisfactory assurance the state will pursue national highway-safety goals reflecting its own crash-data trends, including joining nationally coordinated high-visibility enforcement, sustained enforcement of impaired-driving, occupant-protection, and speeding laws, an accurate annual statewide seatbelt-use survey, better statewide safety-data systems, coordination with the state's strategic highway safety plan, and — unless the program is run by American Samoa, Guam, the Northern Mariana Islands, or the U.S. Virgin Islands — participation in the national Fatality Analysis Reporting System.
(2) The Secretary may waive the 40%-local-spending requirement, in whole or in part, for a state that does not have enough local highway safety programs to justify spending that share of its funds locally.
(c) Use of Funds
(1) Funds help states run their approved programs, including training programs and demonstration programs the Secretary believes will directly help cut crashes, deaths, and injuries; a state may also team up with a neighboring state and use its funds on a program that also benefits that neighboring state.
(2) Apportionment*: funds are split among states — 75% based on each state's share of the total U.S. population (per the most recent census), and 25% based on each state's share of total "public road mileage" (roads a public authority* maintains and holds open to public travel), measured as of the end of the prior calendar year, certified by the Governor, and approved by the Secretary. Minimum shares: every state gets at least 0.75% of the total apportionment; the Secretary of the Interior gets at least 2%; and the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands together get at least 0.25%. Penalty: a state without an approved, functioning program under subsection (a)(1) loses at least 20% of what it would otherwise get, until the Secretary approves the state's program or determines the state is carrying one out — with the size of the cut based on how serious the state's failure is. Limits: an approved program can never require a state to adopt or enforce a law forcing adult (18 or older) motorcycle riders or passengers to wear helmets, and no state has to follow every guideline, or every part of one.
(3) Reapportionment: if the Secretary approves a state's program, or finds the state is implementing one, by July 31 of the fiscal year, the Secretary promptly gives that state the funds that were withheld; if the state still has not fixed the problem by then, the withheld funds are instead redistributed to the other states, using the usual population/road-mileage formula, before the fiscal year ends.
(4) Automated traffic enforcement systems: these are cameras used only for red-light and speed enforcement (not officers' handheld radar or on-the-spot stops). States generally cannot use this section's funds to buy, run, or maintain such camera systems — except they may use the funds for camera systems in school zones or work zones, as long as those systems meet the Secretary's guidelines for speed and red-light cameras.
(d) Most of the general highway-funding rules in chapter 1 of this title also apply to these highway-safety funds — except the rules about the apportionment formula and the rules limiting spending to certain federal-aid road systems — unless the Secretary decides a rule does not fit here. A state's and its local governments' own non-federal spending on the highway safety program can count toward the state's required non-federal cost share for any project* under this section, even if that spending was not tied to that specific project. If an Indian tribe running a local program cannot afford its share, the Secretary may raise the federal share enough to cover the gap. When applying chapter 1's rules here, "State transportation department*" means the Governor.
(e) The Secretary must develop the uniform guidelines together with the states, their political subdivisions, relevant federal departments and agencies, and other public or private organizations the Secretary considers appropriate.
(f) The Secretary may arrange for other federal departments and agencies to help prepare the guidelines and administer the programs; those agencies must cooperate and are reimbursed for that help.
(g) Nothing in this section may be used to fund highway construction*, maintenance*, or design — except designing the safety features that go into the guidelines.
(h) Application in Indian Country
(1) Here, "State" and "Governor of a State" include the Secretary of the Interior, and "political subdivision of a State" includes an Indian tribe.
(2) Despite the usual 40%-local-spending rule, 95% of the funds apportioned to the Secretary of the Interior must be spent by Indian tribes running their own highway safety programs.
(3) The disability/wheelchair curb-access rule applies to tribes too, unless the Secretary finds applying it impractical for a particular tribe.
(4) "Indian country" means all land within an Indian reservation under U.S. jurisdiction (including land with patents issued and rights-of-way through it), all dependent Indian communities within U.S. borders, and all Indian allotments whose Indian title has not been extinguished (including rights-of-way through them).
(i) The Secretary may periodically run a rulemaking process to identify highway safety programs that are highly effective at reducing crashes, injuries, and deaths, taking into account the states' major role in running such programs; once a rule takes effect, states must consider these effective programs when building their own plans.
(j) States must actively encourage their law enforcement agencies to follow the vehicular-pursuit guidelines issued by the International Association of Chiefs of Police, as those guidelines stood when this subsection was enacted or as later revised and adopted by the Secretary.
(k) Triennial Highway Safety Plan
(1) Starting with fiscal year 2024, and at least once every 3 fiscal years after that, the Secretary must require each state, as a condition of approving its program for those 3 years, to submit a triennial highway safety plan for approval.
(2) The plan is due by July 1 of the year before the first year it covers.
(3) The Secretary, working with the Governors Highway Safety Association, must set up a process for submitting these plans electronically.
(4) Each plan must include: performance measures — current safety levels, quantifiable targets showing steady or improved performance, and an evidence-based justification for each target; a strategy for spending the state's funds on projects that will meet those targets, showing how each strategy connects to the targets and how it is informed by the Secretary's guidelines; data and analysis supporting the proposed strategies; a description of other federal funds the state plans to use alongside this section's funds; and a report on how well the state met the goals and targets in its last plan.
(5) The Secretary sets minimum performance measures in consultation with the Governors Highway Safety Association.
(6) Review: the Secretary must approve or disapprove a plan within 60 days of receiving it. The Secretary may request more information, which can extend that deadline by up to 90 more days; the state must supply the requested information within 7 business days. The Secretary must approve a plan if it, and its targets, are evidence-based and data-supported, and the plan would let the state meet its targets; the Secretary must disapprove it if either test fails. If disapproved, the Secretary must explain why and require a revised resubmission, which must then be reviewed within 30 days. States must make their plans, and the Secretary's approval or disapproval decisions, available to the public.
(l) Annual Grant Application and Reporting Requirements
(1) To get grant funds for a year, a state must submit an annual application showing it lines up with the state's approved triennial plan and meets the other requirements here, by a deadline the Secretary sets under section 406(d)(2). The application must include needed updates to the triennial plan's analysis; which projects and subrecipients will be funded that year, with further detail to follow once available; a description of how the state's strategy changed based on its last report; and an application for any other available grants. The Secretary must approve or disapprove the application within 60 days.
(2) Within 120 days after each fiscal year ends, the state must report on its progress toward its plan's performance targets, using the latest crash-fatality data, how that progress lines up with the plan, and any planned strategy adjustments.
(m) Teen Traffic Safety
(1) Subject to its approved triennial plan, a state may use part of its funds on statewide efforts to improve traffic safety for teen drivers.
(2) These efforts must include peer-to-peer education and prevention strategies in schools and communities aimed at more seatbelt use and less speeding, impaired and distracted driving, underage drinking, and other risky teen-driving behavior, and may also include working with student-led groups, subgrants to schools, training and technical assistance, statewide or regional awareness websites, outreach to parents, teen advisory councils, collaboration with law enforcement, partnerships with community organizations, raising awareness of commercial trucks, and support for school driver's-education classes covering safe driving and graduated-license requirements.
(n) Public Transparency
(1) Within 45 days of when it becomes available, the Secretary must publicly post each approved triennial plan, each state's performance targets, and an evaluation of how well states are meeting them.
(2) The Secretary must build an easily searchable public website containing each state's approved plan and annual report, plus a way to search performance measures, progress toward targets, program spending, and other funding sources a state uses for its plan.
(o) Unattended Passengers
(1) Each state must use part of its funds to educate the public about the risk of leaving a child or other passenger unattended in a vehicle after the motor is turned off.
(2) A state does not have to run this education program through its own transportation or highway safety office.
Each State shall have in effect a highway* safety program that—
is designed to reduce—
traffic crashes; and
deaths, injuries, and property damage resulting from those crashes;
includes—
an approved, current, triennial highway safety plan in accordance with subsection (k); and
an approved grant application under subsection (l) for the fiscal year;
demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and
is approved by the Secretary*.
Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that—
include programs—
to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits;
to encourage the proper use of safety belts by occupants of motor vehicles;
to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations;
to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance;
to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles;
to reduce injuries and deaths resulting from crashes involving school buses;
to reduce crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles);
to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and post-crash procedures;
to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;
to reduce crashes caused by driver misuse or misunderstanding of new vehicle technology;
to increase vehicle recall awareness;
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;
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
to prevent crashes, injuries, and deaths caused by unsecured vehicle loads;
improve driver performance, including—
driver education;
driver testing to determine proficiency to operate motor vehicles; and
driver examinations (physical, mental, and driver licensing);
improve pedestrian performance and bicycle safety;
include provisions for—
an effective record system of crashes (including resulting injuries and deaths);
crash investigations to determine the probable causes of crashes, injuries, and deaths;
vehicle registration, operation, and inspection; and
emergency services; and
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.
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)—
to educate drivers regarding the risks associated with marijuana-impaired driving; and
to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana.
The Secretary shall not approve a State highway safety program under this section which does not—
provide that the Governor of the State shall be responsible for the administration of the program through a State highway safety agency which shall have adequate powers and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program;
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;
except as provided in paragraph (2), provide that at least 40 percent of all Federal funds apportioned under this section to the State for any fiscal year will be expended by the political subdivisions of the State, including Indian tribal governments, in carrying out local highway safety programs;
provide adequate and reasonable access for the safe and convenient movement of individuals, including those with disabilities and those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State;
as part of a comprehensive program, support—
data-driven traffic safety enforcement programs that foster effective community collaboration to increase public safety; and
data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and inform traffic enforcement policies, procedures, and activities; and
provide satisfactory assurances that the State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data-related crash factors within a State as identified by the State highway safety planning process, including—
national, high-visibility law enforcement mobilizations coordinated by the Secretary;
sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits;
an annual statewide safety belt use survey in accordance with criteria established by the Secretary for the measurement of State safety belt use rates to ensure that the measurements are accurate and representative;
development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources;
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
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.
The Secretary may waive the requirement of paragraph (1)(C), in whole or in part, for a fiscal year for any State whenever the Secretary determines that there is an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year.
The funds authorized to be appropriated to carry out this section shall be used to aid the States to conduct the highway safety programs approved in accordance with subsection (a), including development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute directly to the reduction of crashes, and deaths and injuries resulting therefrom.
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.
In this paragraph, the term “public road” means any road that is—
subject to the jurisdiction of, and maintained by, a public authority*; and
held open to public travel.
Except for the amounts identified in section 403(f) and the amounts subject to subparagraph (C), of the funds made available under this section—
75 percent shall be apportioned to each State based on the ratio that, as determined by the most recent decennial census—
the population of the State; bears to
the total population of all States; and
25 percent shall be apportioned to each State based on the ratio that, subject to clause (ii)—
the public road mileage in each State; bears to
the total public road mileage in all States.
For purposes of clause (i)(II), public road mileage shall be—
determined as of the end of the calendar year preceding the year during which the funds are apportioned;
certified by the Governor of the State; and
subject to approval by the Secretary.
The annual apportionment under this section to—
each State shall be not less than ¾ of 1 percent of the total apportionment;
the Secretary of the Interior shall be not less than 2 percent of the total apportionment; and
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.
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—
approves such a highway safety program; or
determines that the State is implementing such a program.
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).
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.
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.
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.
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.
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.
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.
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.
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.
All provisions of chapter 1 of this title that are applicable to National Highway System* highway funds other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the highway safety funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section, and except that the aggregate of all expenditures made during any fiscal year by a State and its political subdivisions (exclusive of Federal funds) for carrying out the State highway safety program (other than planning and administration) shall be available for the purpose of crediting such State during such fiscal year for the non-Federal share of the cost of any project* under this section (other than one for planning or administration) without regard to whether such expenditures were actually made in connection with such project and except that, in the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary. In applying such provisions of chapter 1 in carrying out this section the term “State transportation department*” as used in such provisions shall mean the Governor of a State for the purposes of this section.
Uniform guidelines promulgated by the Secretary to carry out this section shall be developed in cooperation with the States, their political subdivisions, appropriate Federal departments and agencies, and such other public and private organizations as the Secretary deems appropriate.
The Secretary may make arrangements with other Federal departments and agencies for assistance in the preparation of uniform guidelines for the highway safety programs contemplated by subsection (a) and in the administration of such programs. Such departments and agencies are directed to cooperate in such preparation and administration, on a reimbursable basis.
Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction*, maintenance*, or design (other than design of safety features of highways to be incorporated into guidelines).
For the purpose of application of this section in Indian country, the terms “State” and “Governor of a State” include the Secretary of the Interior and the term “political subdivision of a State” includes an Indian tribe.
Notwithstanding subsection (b)(1)(C), 95 percent of the funds apportioned to the Secretary of the Interior under this section shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions.
The requirements of subsection (b)(1)(D) shall be applicable to Indian tribes, except to those tribes with respect to which the Secretary determines that application of such provisions would not be practicable.
In this subsection, the term “Indian country” means—
all land within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent and including rights-of-way running through the reservation;
all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof and whether within or without the limits of a State; and
all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.
The Secretary may periodically conduct a rulemaking process to identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. Any such rulemaking shall take into account the major role of the States in implementing such programs. When a rule promulgated in accordance with this section takes effect, States shall consider these highly effective programs when developing their highway safety programs.
A State shall actively encourage all relevant law enforcement agencies in such State to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are in effect on the date of enactment of this subsection or as revised and in effect after such date as determined by the Secretary.
For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter, the Secretary shall require each State, as a condition of the approval of the State’s highway safety program for the 3 fiscal years covered by the plan, to develop and submit to the Secretary for approval a triennial highway safety plan that complies with the requirements under this subsection.
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.
The Secretary, in coordination with the Governors Highway Safety Association, shall develop procedures to allow States to submit triennial highway safety plans under this subsection, including any attachments to the plans, in electronic form.
Each State triennial highway safety plan submitted under paragraph (1) shall include, with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2)—
performance measures required by the Secretary or otherwise necessary to support additional State safety goals, including—
documentation of current safety levels for each performance measure;
quantifiable performance targets that demonstrate constant or improved performance for each performance measure; and
a justification for each performance target, that explains why each target is appropriate and evidence-based;
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—
that demonstrates the link between the effectiveness of each proposed countermeasure strategy and those performance targets; and
of the manner in which each countermeasure strategy is informed by uniform guidelines issued by the Secretary;
data and data analysis supporting the effectiveness of proposed countermeasures;
a description of any Federal 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); and
a report on the State’s success in meeting State safety goals and performance targets set forth in the most recently submitted highway safety plan.
The Secretary shall develop minimum performance measures under paragraph (4)(A) in consultation with the Governors Highway Safety Association.
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.
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.
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).
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.
The Secretary shall approve a State’s triennial highway safety plan if the Secretary determines that—
the plan and the performance targets contained in the plan are evidence-based and supported by data; and
the plan, once implemented, will allow the State to meet the State’s performance targets.
The Secretary shall disapprove a State’s triennial highway safety plan if the Secretary determines that—
the plan and the performance targets contained in the plan are not evidence-based or supported by data; or
the plan does not provide for programming of funding in a manner sufficient to allow the State to meet the State’s performance targets.
If the Secretary disapproves a State’s triennial highway safety plan, the Secretary shall—
inform the State of the reasons for such disapproval; and
require the State to resubmit the plan with any modifications that the Secretary determines to be necessary.
If the Secretary requires a State to resubmit a triennial 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.
A State shall make the State’s triennial highway safety plan, and decisions of the Secretary concerning approval or disapproval of a revised plan, available to the public.
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—
demonstrates alignment with the approved triennial highway safety plan of the State; and
complies with the requirements under this subsection.
The deadline for submission of annual grant applications under this paragraph shall be determined by the Secretary in accordance with section 406(d)(2).
An annual grant application under this paragraph shall include, at a minimum—
such updates, as necessary, to any analysis included in the triennial highway safety plan of the State;
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;
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
an application for any additional grants available to the State under this chapter.
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.
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—
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
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
if applicable, any plans of the State to adjust a strategy for programming funds to achieve the performance targets.
Subject to the requirements of the applicable triennial highway safety plan of the State, 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.
Statewide efforts under paragraph (1)—
shall include peer-to-peer education and prevention strategies in schools and communities designed to—
increase safety belt use;
reduce speeding;
reduce impaired and distracted driving;
reduce underage drinking; and
reduce other behaviors by teen drivers that lead to injuries and fatalities; and
may include—
working with student-led groups and school advisors to plan and implement teen traffic safety programs;
providing subgrants to schools throughout the State to support the establishment and expansion of student groups focused on teen traffic safety;
providing support, training, and technical assistance to establish and expand school and community safety programs for teen drivers;
creating statewide or regional websites to publicize and circulate information on teen safety programs;
conducting outreach and providing educational resources for parents;
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;
collaborating with law enforcement;
establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for profit entities;
increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities; and
support for school-based driver’s education classes to improve teen knowledge about—
safe driving practices; and
State graduated driving license requirements, including behind-the-wheel training required to meet those requirements.
The Secretary shall publicly release on a Department of Transportation website, by not later than 45 calendar days after the applicable date of availability—
each triennial highway safety plan approved by the Secretary under subsection (k);
each State performance target under subsection (k); and
an evaluation of State achievement of applicable performance targets under subsection (k).
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.
The website established under subparagraph (A) shall—
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
provide a means for the public to search the website for State highway safety program content required under subsection (k), including—
performance measures required by the Secretary;
progress made toward meeting the applicable performance targets during the preceding program year;
program areas and expenditures; and
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.
Each State shall use a portion of the amounts received by the State under this section to carry out a program to educate the public regarding the risks of leaving a child or unattended passenger in a vehicle after the vehicle motor is deactivated by the operator.
Nothing in this subsection requires a State to carry out a program described in paragraph (1) through the State transportation or highway safety office.
Source credit: (Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 731; amended Pub. L. 90–495, § 13, Aug. 23, 1968, 82 Stat. 822; Pub. L. 91–605, title II, §§ 202(c), (d), (e), 203(a), Dec. 31, 1970, 84 Stat. 1740, 1741; Pub. L. 93–87, title II, §§ 207, 215–217, 219, 228, 229, 231, Aug. 13, 1973, 87 Stat. 285, 290, 293, 294; Pub. L. 94–280, title II, §§ 204, 208(a), 211, 212, May 5, 1976, 90 Stat. 453, 454, 455; Pub. L. 95–599, title II, § 207(a), (b)(1), (c), (d), Nov. 6, 1978, 92 Stat. 2731, 2732; Pub. L. 97–35, title XI, § 1107(c)–(e), Aug. 13, 1981, 95 Stat. 626; Pub. L. 97–424, title II, § 208, Jan. 6, 1983, 96 Stat. 2140; Pub. L. 98–363, §§ 3(a), 5, July 17, 1984, 98 Stat. 436; Pub. L. 100–17, title I, § 133(b)(20), title II, § 206, Apr. 2, 1987, 101 Stat. 172, 221; Pub. L. 102–240, title II, § 2002, Dec. 18, 1991, 105 Stat. 2070; Pub. L. 104–66, title I, § 1121(d), Dec. 21, 1995, 109 Stat. 724; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), title II, § 2001(a)–(e), June 9, 1998, 112 Stat. 193, 323, 324; Pub. L. 109–59, title II, § 2002(a)–(d), Aug. 10, 2005, 119 Stat. 1521; Pub. L. 110–244, title III, § 303(a)–(c)(1), June 6, 2008, 122 Stat. 1619; Pub. L. 112–141, div. C, title I, § 31102, July 6, 2012, 126 Stat. 734; Pub. L. 114–94, div. A, title IV, §§ 4002, 4014(1), Dec. 4, 2015, 129 Stat. 1499, 1513; Pub. L. 115–420, § 5(a), Jan. 3, 2019, 132 Stat. 5445; Pub. L. 117–58, div. B, title IV, §§ 24102(a), 24222(b), Nov. 15, 2021, 135 Stat. 785, 835.)
- 1966Enacted · Pub. L. 89-564 · 80 Stat. 731
- 1968Amended · Pub. L. 90-495 · 82 Stat. 822
- 1970Amended · Pub. L. 91-605 · 84 Stat. 1740, 1741
- 1973Amended · Pub. L. 93-87 · 87 Stat. 285, 290, 293, 294
- 1976Amended · Pub. L. 94-280 · 90 Stat. 453, 454, 455
- 1978Amended · Pub. L. 95-599 · 92 Stat. 2731, 2732
- 1981Amended · Pub. L. 97-35 · 95 Stat. 626
- 1983Amended · Pub. L. 97-424 · 96 Stat. 2140
- 1984Amended · Pub. L. 98-363 · 98 Stat. 436
- 1987Amended · Pub. L. 100-17 · 101 Stat. 172, 221
- 1991Amended · Pub. L. 102-240 · 105 Stat. 2070
- 1995Amended · Pub. L. 104-66 · 109 Stat. 724
- 1998Amended · Pub. L. 105-178 · 112 Stat. 193, 323, 324
- 2005Amended · Pub. L. 109-59 · 119 Stat. 1521
- 2008Amended · Pub. L. 110-244 · 122 Stat. 1619
- 2012Amended · Pub. L. 112-141 · 126 Stat. 734
- 2015Amended · Pub. L. 114-94 · 129 Stat. 1499, 1513
- 2019Amended · Pub. L. 115-420 · 132 Stat. 5445
- 2021Amended · Pub. L. 117-58 · 135 Stat. 785, 835
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-564 on 1966-09-09.
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