23 U.S.C. § 405 — National priority safety programs

(a) Program Authority. Subject to this section's other rules, the Secretary must run programs addressing national priorities for reducing highway deaths and injuries, and must divide up this section's funding among them. Each fiscal year: - 13 percent goes to occupant protection programs (subsection (b)); - 14.5 percent goes to state traffic safety information system improvements (subsection (c)); - 53 percent goes to impaired driving countermeasures (subsection (d)); - 8.5 percent goes to distracted driving programs (subsection (e)); - 1.5 percent goes to motorcyclist safety programs (subsection (f)); - 7 percent goes to nonmotorized safety programs (subsection (g)); - 1 percent goes to preventing roadside deaths (subsection (h)); and - 1.5 percent goes to driver and officer safety education (subsection (i)). Before the end of each fiscal year, the Secretary must shift any money left over from subsections (b) through (i) into the general highway safety grants under section 402, so the money gets used that year. A state may pass the grant money it receives under this section on to one of its political subdivisions or to an Indian tribal government. (b) Occupant Protection Grants. The Secretary must give grants to states that adopt effective programs to cut highway deaths and injuries from people riding unrestrained or improperly restrained. The federal government's share of the funded activities' cost cannot be more than 80 percent per year. Eligibility depends on the state's observed seat belt use rate. A state with a rate of 90 percent or higher qualifies if it submits an occupant protection plan in its first year, takes part in the "Click It or Ticket" campaign, keeps an active network of child-restraint inspection stations, and has a plan to recruit, train, and keep enough child passenger safety technicians. A state with a rate below 90 percent must meet those same four requirements, plus at least 3 of these: it runs sustained seat belt enforcement; it has and enforces a primary-enforcement seat belt law; it runs programs for high-risk drivers like rural, nighttime, or teen drivers; it has and enforces laws requiring all occupants to use age-appropriate restraints; it runs a comprehensive occupant-protection program (with an assessment, a statewide plan, a coordinator, and a task force); or it has completed — or will complete in the grant's first year — an assessment of its occupant-protection program. Grant money can pay for high-visibility enforcement campaigns and related paid media; training safety professionals, police, fire and medical staff, educators, and parents on child restraints and occupant protection; educating the public on using and installing child restraints; community child-passenger-safety services; programs to recruit and train certified child-passenger-safety technicians, especially for low-income and underserved communities, and to buy and distribute child restraints there; and building information systems on occupant protection data. States that qualify under the 90-percent-or-higher path must spend at most 90 percent of the money on projects also eligible under section 402, and at least 10 percent on the technician-recruitment and low-income programs described above; states that qualify under the below-90-percent path must spend at least 10 percent on those same programs. Each state's grant amount is set in proportion to its 2009 apportionment under section 402. This subsection defines a "child restraint" as a device — like a child safety seat, booster seat, or harness, but not a seat belt — designed for children weighing 65 pounds or less, and certified to the federal safety standard for child restraints. It defines a "seat belt," for open-body vehicles like convertibles, as a lap belt or a lap belt with a detachable shoulder belt, and for other vehicles, as an integrated lap-and-shoulder belt system. (c) State Traffic Safety Information System Improvements. The Secretary must give grants to states developing programs that make state safety data more timely, accurate, complete, uniform, integrated, and accessible; that evaluate those improvement efforts; that link state data systems (like traffic records) to other state systems such as medical, roadway, and economic data; that improve compatibility with national and other states' data systems, including the National EMS Information System; and that help the Secretary study national crash trends. The federal share of the cost cannot exceed 80 percent per year. To be eligible, a state must certify that it has a traffic records coordinating committee ("TRCC") meeting at least three times a year, a designated TRCC coordinator, and an approved state traffic-record strategic plan describing measurable improvements to its core safety databases (crash, citation/adjudication, driver, EMS/injury, roadway, and vehicle). The state must also show measurable progress on accuracy, completeness, timeliness, uniformity, accessibility, or integration of a core database. Grant money can improve those core databases — through software to collect and report data; equipment, including near-real-time electronic crash reporting; improving compatibility with national and other states' systems; analyzing crash trends; training records professionals; hiring records professionals, including a state Fatal Accident Reporting System liaison; adopting the Model Minimum Uniform Crash Criteria (or explaining publicly why not); reporting on emerging topics like drug- or polysubstance-impaired driving and vehicle safety technology; and researching traffic safety information systems. Each state's grant amount is set in proportion to its 2009 apportionment under section 402. The Secretary must also give technical assistance to every state, whether or not it gets a grant, on improving its safety data — spending no more than 3 percent of this subsection's funds on that assistance. (d) Impaired Driving Countermeasures. The Secretary of Transportation must give grants to states that adopt effective programs against driving under the influence of alcohol or drugs, or that adopt alcohol-ignition interlock laws. The federal share of funded costs cannot exceed 80 percent per year. Eligibility depends on a state's "average impaired driving fatality rate" — fatal crashes involving a driver at or above 0.08 blood alcohol, per 100 million vehicle miles traveled. A "low-range" state (0.30 or below) automatically qualifies. A "mid-range" state (between 0.30 and 0.60) qualifies if its impaired-driving task force developed a statewide plan in the last 3 years, or will convene one in the grant's first year. A "high-range" state (0.60 or above) qualifies if it has assessed — or will assess in year one — its impaired-driving program; convenes a task force in year one to build a statewide plan addressing the assessment's recommendations, detailing how the grant money will be spent, and explaining how that spending supports the program; and submits that plan (and yearly updates) to federal regulators for review. High-range states must spend their money on high-visibility enforcement, plus any other approved activity that's in their statewide plan. Medium- and low-range states may spend on those same things, plus: hiring an impaired-driving coordinator; court support like hiring or training judges, prosecutors, and probation officers, or setting up DWI courts; ignition-interlock programs; better blood/drug testing and detection; media, training, and equipment for impaired-driving enforcement; screening and brief-intervention training; assessing offenders' risk of reoffending and matching them to treatment; building impaired-driving information systems; 24-7 sobriety program costs; and technology to identify, monitor, or treat impaired drivers. Low-range states can also spend up to half their funds, and medium/high-range states can spend funds with the Secretary's approval, on any impaired-driving activity based on identified problems; and any state can use funds to improve crash and criminal-justice data reporting or to research impaired-driving countermeasures. Grant amounts are generally set in proportion to a state's 2009 apportionment under section 402. On top of that, the Secretary gives separate grants to states with a mandatory alcohol-ignition-interlock law for everyone convicted of impaired driving — requiring at least 180 days of interlock use, either directly or through a compliance-based removal program requiring at least 40 percent of that period to pass violation-free right before release — and to states with a 24-7 sobriety program that also restricts convicted offenders' driving privileges. States getting either of these extra grants may use them for any activity eligible under this subsection or under section 402. These extra grants are allocated based on a state's 2022 apportionment. No more than 12 percent of the subsection's yearly funds go to the interlock-law grants, and no more than 3 percent to the 24-7-program grants. A state's interlock law can still exempt: employer-vehicle use within the scope of a job at a business the driver doesn't own or control; drivers medically certified unable to give a breath sample; and areas with no certified interlock provider within 100 miles. This subsection defines a "24-7 sobriety program" as a state law or program letting a court or agency require someone arrested for, pleading guilty to, or convicted of impaired driving to stay off alcohol or drugs, tested at least twice daily in person, by continuous transdermal monitoring, or another method the Secretary approves. "High-range," "mid-range," and "low-range" states are defined by the average impaired driving fatality rate thresholds above (0.60+, between 0.30–0.60, and 0.30 or below). (e) Distracted Driving Grants. This subsection defines several terms: "driving" means operating a vehicle on a public road, but not while safely pulled over and stopped; a "personal wireless communications device" is a wireless-service device or a mobile phone/portable device used for calls or texting with at least one hand, but not a GPS receiver used only for positioning, emergencies, or navigation; a "primary offense" is one for which police can stop a vehicle without needing evidence of another violation; "public road" takes its meaning from section 402(c); "text" means reading from or manually entering data into such a device, including SMS, email, or instant messaging; and "text message" covers text, instant, and electronic messages and email, but not emergency/traffic/weather alerts or messages about operating or navigating the vehicle. The Secretary must give a grant to any state that includes distracted-driving awareness in its driver's license exam. At least 50 percent of this subsection's funds go to all states, split by their 2009 section 402 apportionment share. Up to another 50 percent goes to states with a law meeting the texting, handheld-phone, or youth cell-phone rules below, also split by 2009 apportionment share — with the actual share depending on how the law is enforced: 100 percent of the calculated amount if enforced as a primary offense, 50 percent if enforced only as a secondary offense, and just 25 percent for a law that merely bars viewing a device while driving (other than for navigation), regardless of enforcement type. A texting-while-driving law qualifies if it bars texting on a wireless device while driving, sets a fine, and doesn't exempt texting while stopped in traffic. A handheld-phone law qualifies if it bars holding such a device while driving, sets a fine, and has that same no-exemption rule. A youth cell-phone law qualifies if it bars drivers under 18, or on a learner's permit or intermediate license, from using such a device while driving, sets a fine, and doesn't allow the stopped-in-traffic exemption or the hands-free exemption described next. Any of these three laws may still exempt: emergency calls to prevent injury; emergency personnel using a device while operating an emergency vehicle on duty; commercial or school-bus drivers using a device within federal trucking rules; navigation use; hands-free use, a hands-free accessory, or turning a feature on/off with one swipe or tap (except this exemption doesn't apply to the youth cell-phone law); and any other exemption the Secretary creates by rule. Grant money mostly must go to public advertising about the dangers of texting or phone use while driving, warning signs about the state's law, or enforcement costs — except a state may use up to 50 percent of its money (or 75 percent, if it has updated its distracted-driving data to the latest national crash criteria) on any project eligible under section 402. The Secretary may also spend up to $5,000,000 a year of this subsection's funds on broadcast media to reduce distracted driving. (f) Motorcyclist Safety. The Secretary must give grants to states with effective programs to cut single- and multi-vehicle motorcycle crashes. Each state's grant is set in proportion to its 2009 section 402 apportionment, but capped at 25 percent of that apportionment. A state qualifies by meeting at least 2 of: offering an effective, statewide motorcycle rider-training course covering crash avoidance and other skills; running a statewide program to make other drivers more aware of motorcyclists and safe driving around them; requiring a helmet for riders under 18; reducing motorcycle fatalities and crash rates (per 10,000 registrations) from the year before; running a statewide impaired-driving program that specifically targets impaired motorcycle operation; reducing fatalities and crash rates involving impaired motorcyclists from the year before; or using all fees collected from motorcyclists only for motorcycle training and safety. Grant money may only fund motorcyclist safety training and awareness — improving training curricula; expanding training delivery to urban and rural areas (practice motorcycles, materials, mobile units, facilities); recruiting and keeping training instructors; and public-awareness campaigns, including "share the road" messages. A state agency may pass its grant money to a nonprofit within the state to run these programs. A state in the lowest 25 percent nationally for motorcycle deaths per 10,000 registrations may spend up to half its funds on any project eligible under section 402. This subsection defines "motorcyclist awareness" as public or individual awareness of motorcycles on the road and of safe driving practices around them; a "motorcyclist awareness program" as one built with the state authority over motorcyclist safety (which may be the state's motorcycle safety administrator or a governor-appointed advisory council); "motorcyclist safety training" as a formal instruction program approved by that same state authority; and "State" as defined in section 101(a) of this title. Within one year of this paragraph's enactment, the Secretary must update and give states model "share the road" language for driver-education courses, manuals, and other training materials. (g) Nonmotorized Safety. This subsection defines a "nonmotorized road user" as a pedestrian, someone using a nonmotorized mode of transportation (bicycle, scooter, or personal conveyance), or someone using a low-speed or low-horsepower motorized device (electric bicycle or scooter, personal mobility device, personal transporter, or all-terrain vehicle). The Secretary must give grants to states to cut nonmotorized road user deaths caused by a moving vehicle. The federal share of a funded project's cost cannot exceed 80 percent. A state qualifies for a grant in a year if its combined nonmotorized road user fatalities are more than 15 percent of its total crash fatalities, based on the latest final national crash data. Grant money can go toward training law enforcement on nonmotorized road user safety, laws, and infrastructure; supporting enforcement campaigns for laws protecting nonmotorized users; public education on nonmotorized safety, speed management, safety equipment (lighting, mirrors, helmets, and the like) and compliance with equipment laws, applicable traffic laws, and infrastructure; and collecting data and building data systems on nonmotorized fatalities. Each state's grant amount is set in proportion to its 2009 apportionment under section 402. (h) Preventing Roadside Deaths. The Secretary must give states grants to prevent death and injury from vehicles striking other vehicles or people stopped at the roadside. The federal share of a funded activity's cost cannot exceed 80 percent. A state qualifies for a grant in a year by submitting a plan describing how it will use the money. Grant money must go toward: buying and installing digital alert technology that can receive nearby-first-responder alerts, and — for emergency vehicles — send alerts to civilian drivers to protect responders on scene or en route; public education campaigns to cut roadside deaths and injuries; law enforcement costs for enforcing roadside-safety laws; programs to identify, collect, and report roadside-crash data to state and local agencies; and piloting or encouraging ways — including better visibility measures — to make stopped or disabled vehicles more visible. Each state's grant amount is set in proportion to its 2022 apportionment under section 402. (i) Driver and Officer Safety Education. This subsection defines a "peace officer" as anyone who is an elected, appointed, or employed government agent, who can carry firearms and make warrantless arrests, and whose duties include enforcing federal criminal law. The Secretary must give grants to states that adopt a qualifying law or program, and to certain "qualifying states" described below. The federal share of a funded activity's cost cannot exceed 80 percent. A qualifying law or program must require at least one of: teaching and testing driver-education and driving-safety students on law enforcement practices during traffic stops — covering officers' roles and duties, drivers' legal rights, best practices for both sides, the consequences of not complying with the law, and how to file a complaint or compliment about an officer; or building and running a training program (with instruction and testing) for peace officers and reserve officers — other than those already trained in the driver-education version — on how to properly interact with civilians during traffic stops. A state may use its grant to produce educational materials, train staff for these driver-education and officer-training courses, and to implement the qualifying law or program. Grant amounts are set in proportion to a state's 2022 apportionment under section 402. A "qualifying state" is one that has received a grant under this subsection for no more than 5 years, has not fully adopted a qualifying law or program, but has taken meaningful steps toward adopting one and set a timetable to do so. The Secretary must withhold 50 percent of what a qualifying state would otherwise get under this subsection, and instead give that withheld money to states that are actually enforcing and running a qualifying law or program.