-CITE-
    23 USC CHAPTER 4 - HIGHWAY SAFETY                           01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
                        CHAPTER 4 - HIGHWAY SAFETY                    

-MISC1-
    Sec.                                                     
    401.        Authority of the Secretary.                           
    402.        Highway safety programs.                              
    403.        Highway safety research and development.              
    404.        National Highway Safety Advisory Committee.           
    405.        Occupant protection incentive grants.                 
    406.        Safety belt performance grants.                       
    407.        Innovative project grants.                            
    408.        State traffic safety information system improvements. 
    409.        Discovery and admission as evidence of certain reports
                 and surveys.                                         
    410.        Alcohol-impaired driving countermeasures.             
    411.        State highway safety data improvements.               
    412.        Agency accountability.                                

                                AMENDMENTS                            
      2005 - Pub. L. 109-59, title II, Secs. 2005(b), 2006(b), 2008(b),
    Aug. 10, 2005, 119 Stat. 1527, 1529, 1535, substituted "Safety belt
    performance grants" for "School bus driver training" in item 406
    and "State traffic safety information system improvements" for
    "Alcohol traffic safety programs" in item 408 and added item 412.
      1998 - Pub. L. 105-178, title II, Secs. 2003(a)(2), 2005(b), June
    9, 1998, 112 Stat. 327, 334, substituted "Occupant protection
    incentive grants" for "Repealed" in item 405 and added item 411.
      1991 - Pub. L. 102-240, title I, Sec. 1035(b), title II, Sec.
    2004(c), Dec. 18, 1991, 105 Stat. 1978, 2079, substituted
    "Discovery and admission" for "Admission" in item 409 and "Alcohol-
    impaired driving countermeasures" for "Drunk driving prevention
    programs" in item 410.
      1988 - Pub. L. 100-690, title IX, Sec. 9002(b), Nov. 18, 1988,
    102 Stat. 4525, added item 410.
      1987 - Pub. L. 100-17, title I, Sec. 132(b), Apr. 2, 1987, 101
    Stat. 170, added item 409.
      1982 - Pub. L. 97-364, title I, Sec. 101(b), Oct. 25, 1982, 96
    Stat. 1740, added item 408.
      1978 - Pub. L. 95-599, title II, Sec. 208(b), Nov. 6, 1978, 92
    Stat. 2732, added item 407.
      1976 - Pub. L. 94-280, title I, Sec. 135(d), May 5, 1976, 90
    Stat. 442, substituted item 405 "Repealed" for "Federal-aid safer
    roads demonstration program".
      1975 - Pub. L. 93-643, Sec. 126(b), Jan. 4, 1975, 88 Stat. 2291,
    added item 406.
      1973 - Pub. L. 93-87, title II, Sec. 230(b), Aug. 13, 1973, 87
    Stat. 294, added item 405.

-End-



-CITE-
    23 USC Sec. 401                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 401. Authority of the Secretary

-STATUTE-
      The Secretary is authorized and directed to assist and cooperate
    with other Federal departments and agencies, State and local
    governments, private industry, and other interested parties, to
    increase highway safety. For the purposes of this chapter, the term
    "State" means any one of the fifty States, the District of
    Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa,
    and the Commonwealth of the Northern Mariana Islands.

-SOURCE-
    (Added Pub. L. 89-564, title I, Sec. 101, Sept. 9, 1966, 80 Stat.
    731; amended Pub. L. 93-87, title II, Sec. 218, Aug. 13, 1973, 87
    Stat. 290; Pub. L. 98-363, Sec. 3(b), July 17, 1984, 98 Stat. 436;
    Pub. L. 100-17, title I, Sec. 133(b)(19), Apr. 2, 1987, 101 Stat.
    172.)


-MISC1-
                                AMENDMENTS                            
      1987 - Pub. L. 100-17 inserted reference in second sentence to
    Commonwealth of the Northern Mariana Islands.
      1984 - Pub. L. 98-363 struck out ", except that all expenditures
    for carrying out this chapter in the Virgin Islands, Guam, and
    American Samoa shall be paid out of money in the Treasury not
    otherwise appropriated" after "and American Samoa".
      1973 - Pub. L. 93-87 inserted definition of "State" and provided
    that all expenditures for carrying out this chapter in the Virgin
    Islands, Guam, and American Samoa shall be paid out of money in the
    Treasury not otherwise appropriated.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 3(c) of Pub. L. 98-363 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and section
    402 of this title] shall apply to fiscal years beginning after the
    date of enactment of this Act [July 17, 1984]."

                       SHORT TITLE OF 1991 AMENDMENT                   
      Pub. L. 102-240, title II, Sec. 2001, Dec. 18, 1991, 105 Stat.
    2070, provided that: "This part [part A (Secs. 2001-2009) of title
    II of Pub. L. 102-240, amending sections 402, 403, and 410 of this
    title, enacting provisions set out as notes under sections 402,
    403, and 410 of this title, and amending provisions set out below]
    may be cited as the 'Highway Safety Act of 1991'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-690, title IX, Sec. 9001, Nov. 18, 1988, 102 Stat.
    4521, provided that: "This subtitle [subtitle A (Secs. 9001 to
    9005) of title IX of Pub. L. 100-690, enacting section 410 of this
    title and provisions set out as notes under sections 403 and 410 of
    this title] may be cited as the 'Drunk Driving Prevention Act of
    1988'."

                       SHORT TITLE OF 1987 AMENDMENT                   
      Section 201 of title II of Pub. L. 100-17 provided that: "This
    title [amending sections 402 and 408 of this title and section 2314
    of former Title 49, Transportation, enacting provisions set out as
    notes under this section, section 402 of this title, and section
    2204 of former Title 49, and amending provisions set out as a note
    under this section] be cited as the 'Highway Safety Act of 1987'."

                       SHORT TITLE OF 1983 AMENDMENT                   
      Pub. L. 97-424, title II, Sec. 201, Jan. 6, 1983, 96 Stat. 2137,
    provided that: "This title [amending section 402 of this title and
    enacting provisions set out as notes under this section and
    sections 130, 154, and 408 of this title] may be cited as the
    'Highway Safety Act of 1982'."

                       SHORT TITLE OF 1978 AMENDMENT                   
       Pub. L. 95-599, title II, Sec. 201, Nov. 6, 1978, 92 Stat. 2727,
    provided that: "This title [enacting section 407 of this title,
    amending sections 154 and 402 of this title, and enacting
    provisions set out as notes under this section and sections 130,
    307, 402, and 403 of this title] may be cited as the 'Highway
    Safety Act of 1978'."

                       SHORT TITLE OF 1976 AMENDMENT                   
      Pub. L. 94-280, title II, Sec. 201, May 5, 1976, 90 Stat. 451,
    provided that: "That title [amending sections 104, 151, 402, 404,
    and 406 of this title and provisions set out as a note under
    section 130 of this title and enacting provisions set out as notes
    under sections 127 and 402 of this title] may be cited as the
    'Highway Safety Act of 1976'."

                       SHORT TITLE OF 1973 AMENDMENT                   
      Section 201 of title II of Pub. L. 93-87 provided that: "This
    title [enacting sections 151 to 153 and 405 of this title, amending
    this section and sections 104 and 402 to 404 of this title, and
    enacting provisions set out as notes under this section and
    sections 130, 144, 151, 217, and 403 of this title] may be cited as
    the 'Highway Safety Act of 1973'."

                       SHORT TITLE OF 1970 AMENDMENT                   
      Pub. L. 91-605, title II, Sec. 201, Dec. 31, 1970, 84 Stat. 1739,
    provided that: "This title [enacting sections 144 and 322 of this
    title, amending provisions set out as notes under this section and
    section 402 of this title, and enacting provisions set out as notes
    under this section and section 402 of this title] may be cited as
    the 'Highway Safety Act of 1970'."

                                SHORT TITLE                            
      Section 208 of Pub. L. 89-564 provided that: "This Act [enacting
    this chapter, amending sections 105 and 307 of this title,
    repealing sections 135 and 313 of this title, and enacting
    provisions set out as notes under this section and sections 303,
    307, 402, and 403 of this title] may be cited as the 'Highway
    Safety Act of 1966'."

                WILDLIFE VEHICLE COLLISION REDUCTION STUDY            
      Pub. L. 109-59, title I, Sec. 1119(n), Aug. 10, 2005, 119 Stat.
    1190, provided that:
      "(1) In general. - The Secretary [of Transportation] shall
    conduct a study of methods to reduce collisions between motor
    vehicles and wildlife (in this subsection referred to as 'wildlife
    vehicle collisions').
      "(2) Contents. - 
        "(A) Areas of study. - The study shall include an assessment of
      the causes and impacts of wildlife vehicle collisions and
      solutions and best practices for reducing such collisions.
        "(B) Methods for conducting the study. - In carrying out the
      study, the Secretary shall - 
          "(i) conduct a thorough literature review; and
          "(ii) survey current practices of the Department of
        Transportation.
      "(3) Consultation. - In carrying out the study, the Secretary
    shall consult with appropriate experts in the field of wildlife
    vehicle collisions.
      "(4) Report. - 
        "(A) In general. - Not later than 2 years after the date of
      enactment of this Act [Aug. 10, 2005], the Secretary shall submit
      to Congress a report on the results of the study.
        "(B) Contents. - The report shall include a description of each
      of the following:
          "(i) Causes of wildlife vehicle collisions.
          "(ii) Impacts of wildlife vehicle collisions.
          "(iii) Solutions to and prevention of wildlife vehicle
        collisions.
      "(5) Manual. - 
        "(A) Development. - Based upon the results of the study, the
      Secretary shall develop a best practices manual to support State
      efforts to reduce wildlife vehicle collisions.
        "(B) Availability. - The manual shall be made available to
      States not later than 1 year after the date of transmission of
      the report under paragraph (4).
        "(C) Contents. - The manual shall include, at a minimum, the
      following:
          "(i) A list of best practices addressing wildlife vehicle
        collisions.
          "(ii) A list of information, technical, and funding resources
        for addressing wildlife vehicle collisions.
          "(iii) Recommendations for addressing wildlife vehicle
        collisions.
          "(iv) Guidance for developing a State action plan to address
        wildlife vehicle collisions.
      "(6) Training. - Based upon the manual developed under paragraph
    (5), the Secretary shall develop a training course on addressing
    wildlife vehicle collisions for transportation professionals."

        WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC    
      Pub. L. 109-59, title I, Sec. 1402, Aug. 10, 2005, 119 Stat.
    1227, provided that: "Not later than 1 year after the date of
    enactment of this Act [Aug. 10, 2005], the Secretary [of
    Transportation] shall issue regulations to decrease the likelihood
    of worker injury and maintain the free flow of vehicular traffic by
    requiring workers whose duties place them on or in close proximity
    to a Federal-aid highway (as defined in section 101 of title 23,
    United States Code) to wear high visibility garments. The
    regulations may also require such other worker-safety measures for
    workers with those duties as the Secretary determines to be
    appropriate."

       ROADWAY SAFETY IMPROVEMENTS FOR OLDER DRIVERS AND PEDESTRIANS   
      Pub. L. 109-59, title I, Sec. 1405, Aug. 10, 2005, 119 Stat.
    1230, provided that:
      "(a) In General. - The Secretary [of Transportation] shall carry
    out a program to improve traffic signs and pavement markings in all
    States (as such term is defined in section 101 of title 23, United
    States Code) in a manner consistent with the recommendations
    included in the publication of the Federal Highway Administration
    entitled 'Guidelines and Recommendations to Accommodate Older
    Drivers and Pedestrians (FHWA-RD-01-103)' and dated October 2001.
      "(b) Federal Share. - The Federal share of the cost of a project
    carried out under this section shall be determined in accordance
    with section 120 of title 23, United States Code.
      "(c) Authorization of Appropriations. - There is authorized to be
    appropriated such sums as may be necessary to carry out this
    section for each of fiscal years 2005 through 2009."

                          WORK ZONE SAFETY GRANTS                      
      Pub. L. 109-59, title I, Sec. 1409(a)-(c), Aug. 10, 2005, 119
    Stat. 1232, provided that:
      "(a) In General. - The Secretary [of Transportation] shall
    establish and implement a work zone safety grant program under
    which the Secretary may make grants to nonprofit organizations and
    not-for-profit organizations to provide training to prevent or
    reduce highway work zone injuries and fatalities.
      "(b) Eligible Activities. - Grants may be made under the program
    for the following purposes:
        "(1) Training for construction craft workers on the prevention
      of injuries and fatalities in highway and road construction.
        "(2) Development of guidelines for the prevention of highway
      work zone injuries and fatalities.
        "(3) Training for State and local government transportation
      agencies and other groups implementing guidelines for the
      prevention of highway work zone injuries and fatalities.
      "(c) Funding. - 
        "(1) In general. - There is authorized to be appropriated from
      the Highway Trust Fund (other than the Mass Transit Account) to
      carry out this section $5,000,000 for each of fiscal years 2006
      through 2009.
        "(2) Contract authority. - Funds authorized by this subsection
      shall be available for obligation in the same manner as if the
      funds were apportioned under chapter 1 of title 23, United States
      Code; except that such funds shall not be transferable."

                         PROHIBITION ON OTHER USES                     
      Pub. L. 109-59, title II, Sec. 2001(b), Aug. 10, 2005, 119 Stat.
    1520, provided that: "Except as otherwise provided in chapter 4 of
    title 23, United States Code, and this title [enacting section 412
    of this title and section 39 of Title 18, Crimes and Criminal
    Procedure, amending sections 402 to 406, 408, and 410 of this
    title, and enacting provisions set out as notes under sections 402,
    403, 405, and 410 of this title], (including the amendments made by
    this title), the amounts made available from the Highway Trust Fund
    (other than the Mass Transit Account) for a program under such
    chapter shall only be used to carry out such program and may not be
    used by States or local governments for construction purposes."

          USE OF UNIFORMED POLICE OFFICERS ON FEDERAL-AID HIGHWAY
                           CONSTRUCTION PROJECTS
      Pub. L. 105-178, title I, Sec. 1213(c), June 9, 1998, 112 Stat.
    200, provided that:
      "(1) Study. - In consultation with the States, State
    transportation departments, and law enforcement organizations, the
    Secretary shall conduct a study on the extent and effectiveness of
    use by States of uniformed police officers on Federal-aid highway
    construction projects.
      "(2) Report. - Not later than 2 years after the date of enactment
    of this Act [June 9, 1998], the Secretary shall submit to Congress
    a report on the results of the study, including any legislative and
    administrative recommendations of the Secretary."

      RADIO AND MICROWAVE TECHNOLOGY FOR MOTOR VEHICLE SAFETY WARNING
                                  SYSTEM
      Pub. L. 104-59, title III, Sec. 358(c), Nov. 28, 1995, 109 Stat.
    625, provided that:
      "(1) Study. - The Secretary, in consultation with the Federal
    Communications Commission and the National Telecommunications and
    Information Administration, shall conduct a study to develop and
    evaluate radio and microwave technology for a motor vehicle safety
    warning system in furtherance of safety in all types of motor
    vehicles.
      "(2) Equipment. - Equipment developed under the study shall be
    directed toward, but not limited to, advance warning to operators
    of all types of motor vehicles of - 
        "(A) temporary obstructions in a highway;
        "(B) poor visibility and highway surface conditions caused by
      adverse weather; and
        "(C) movement of emergency vehicles.
      "(3) Safety applications. - In conducting the study, the
    Secretary shall determine whether the technology described in this
    subsection has other appropriate safety applications."

                         WORK ZONE SAFETY PROGRAM                     
      Pub. L. 109-59, title I, Sec. 1410, Aug. 10, 2005, 119 Stat.
    1233, provided that:
      "(a) Grants. - The Secretary [of Transportation] shall make
    grants for fiscal years 2006 through 2009 to a national nonprofit
    foundation for the operation of the National Work Zone Safety
    Information Clearinghouse, authorized by section 358(b)(2) of
    Public Law 104-59 [set out below], created for the purpose of
    assembling and disseminating, by electronic and other means,
    information relating to improvement of roadway work zone safety.
      "(b) Authorization of Appropriations. - There is authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass
    Transit Account) to carry out this section $1,000,000 for each of
    fiscal years 2006 through 2009.
      "(c) Contract Authority. - Funds authorized by this subsection
    shall be available for obligation in the same manner as if the
    funds were apportioned under chapter 1 of title 23, United States
    Code, except the Federal share of the cost of activities carried
    out using such funds shall be 100 percent, and such funds shall
    remain available until expended and shall not be transferable."
      Pub. L. 104-59, title III, Sec. 358(b), Nov. 28, 1995, 109 Stat.
    625, provided that: "In carrying out the work zone safety program
    under section 1051 of the Intermodal Surface Transportation
    Efficiency Act of 1991 [Pub. L. 102-240] (23 U.S.C. 401 note; 105
    Stat. 2001), the Secretary shall utilize a variety of methods to
    increase safety at highway construction sites, including each of
    the following:
        "(1) Conducting conferences to explore new techniques and
      stimulate dialogue for improving work zone safety.
        "(2) Establishing a national clearinghouse to assemble and
      disseminate, by electronic and other means, information relating
      to the improvement of work zone safety.
        "(3) Conducting a national promotional campaign in cooperation
      with the States to provide timely, site-specific information to
      motorists when construction workers are actually present.
        "(4) Encouraging the use of enforceable speed limits in work
      zones.
        "(5) Developing training programs for work site designers and
      construction workers to promote safe work zone practices.
        "(6) Encouraging the use of unit price bid items in contracts
      for traffic control devices and implementation of traffic control
      plans."
      Pub. L. 102-240, title I, Sec. 1051, Dec. 18, 1991, 105 Stat.
    2001, provided that: "The Secretary shall develop and implement a
    work zone safety program which will improve work zone safety at
    highway construction sites by enhancing the quality and
    effectiveness of traffic control devices, safety appurtenances,
    traffic control plans, and bidding practices for traffic control
    devices and services."

               OLDER DRIVERS AND OTHER SPECIAL DRIVER GROUPS           
      Pub. L. 104-59, title III, Sec. 358(a), Nov. 28, 1995, 109 Stat.
    625, provided that:
      "(1) Study. - The Secretary shall conduct a study of technologies
    and practices to improve the driving performance of older drivers
    and other special driver groups.
      "(2) Demonstration activities. - In conducting the study under
    paragraph (1), the Secretary shall undertake demonstration
    activities that incorporate and build upon gerontology research
    related to the study of the normal aging process. The Secretary
    shall initially implement such activities in those States that have
    the highest population of aging citizens for whom driving a motor
    vehicle is their primary mobility mode.
      "(3) Cooperative agreement. - The Secretary shall conduct the
    study under paragraph (1) by entering into a cooperative agreement
    with an institution that has demonstrated competencies in
    gerontological research, population demographics, human factors
    related to transportation, and advanced technology applied to
    transportation."
      Section 208 of Pub. L. 100-17, as amended by Pub. L. 100-202,
    Sec. 101(l) [title III, Sec. 348(h)], Dec. 22, 1987, 101 Stat. 1329-
    358, 1329-389, directed Secretary to enter into appropriate
    arrangements with National Academy of Sciences to conduct a
    comprehensive study and investigation of (1) problems which could
    inhibit the safety and mobility of older drivers using the Nation's
    roads, and (2) means of addressing these problems, to request the
    Academy to report to Secretary and Congress not later than 24
    months after Apr. 2, 1987, on the results of such study and
    investigation, to furnish to the Academy any information which it
    deems necessary for conducting the investigation and study, and to
    develop, in conjunction with the study, a pilot program of highway
    safety improvements to enhance the safety and mobility of older
    drivers and, not later than 3 years after Apr. 2, 1987, to evaluate
    the pilot program and report to Congress on the effectiveness of
    the program in improving the safety and mobility of older drivers.

      ANNUAL REPORT BY SECRETARY OF TRANSPORTATION ON HIGHWAY SAFETY
                         PERFORMANCE OF EACH STATE
      Pub. L. 97-424, title II, Sec. 207, Jan. 6, 1983, 96 Stat. 2139,
    provided that: "The Secretary of Transportation shall prepare,
    publish, and submit to Congress not later than December 31 of each
    calendar year beginning after December 31, 1982, a report on the
    highway safety performance of each State in the preceding calendar
    year. Such report shall provide data on highway fatalities and
    injuries and motor vehicle accidents involving fatalities and
    injuries and travel in urban areas of each State for each system of
    highways and in rural areas of such State for each system of
    highways. Such report shall be in such form and contain such other
    information on highway accidents as will permit an evaluation and
    comparison of highway safety performance of the States. For
    purposes of this section (1) the systems of highways in a State are
    the Federal-aid primary system, the Federal-aid secondary system,
    the Federal-aid urban system, and the Interstate System (as such
    terms are defined in section 101 of title 23, United States Code)
    and the other highways in such State which are not on the Federal-
    aid system, and (2) the terms 'State', 'rural areas', and 'urban
    area' have the meaning such terms have under section 101."
      [For termination, effective May 15, 2000, of provisions relating
    to submittal of report to Congress in section 207 of Pub. L. 97-
    424, set out above, see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and page 136 of House Document No. 103-7.]

                       NATIONAL DRIVER REGISTRATION                   
      Pub. L. 97-364, title II, Secs. 201-211, Oct. 25, 1982, 96 Stat.
    1740-1748, as amended by Pub. L. 100-223, title III, Sec. 305, Dec.
    30, 1987, 101 Stat. 1525; Pub. L. 100-342, Sec. 4(b), June 22,
    1988, 102 Stat. 626; Pub. L. 101-380, title IV, Sec. 4105(a), Aug.
    18, 1990, 104 Stat. 512; Pub. L. 102-240, title II, Sec. 2007, Dec.
    18, 1991, 105 Stat. 2080, directed Secretary of Transportation to
    establish and maintain a National Driver Register to assist States
    in exchange of information on motor vehicle driving records of
    individuals and provided for reports by State officials,
    accessibility of Register information, a pilot test program,
    criminal penalties, an advisory committee, and a report to Congress
    by the Secretary, prior to repeal by Pub. L. 103-272, Sec. 7(b),
    July 5, 1994, 108 Stat. 1379, and Pub. L. 103-429, Sec. 8(10), Oct.
    31, 1994, 108 Stat. 4390, and was restated in part in chapter 303
    of Title 49, Transportation.

        PILOT PROJECTS FOR HIGHWAY SAFETY EDUCATION AND INFORMATION    
      Pub. L. 95-599, title II, Sec. 209, Nov. 6, 1978, 92 Stat. 2732,
    as amended by Pub. L. 97-424, title II, Sec. 206, Jan. 6, 1983, 96
    Stat. 2139; Pub. L. 100-17, title II, Sec. 207, Apr. 2, 1987, 101
    Stat. 221, provided that:
      "(a) The Secretary of Transportation shall carry out six pilot
    projects designed, through the use of television and radio, to
    develop and evaluate techniques, methods, and practices to achieve
    maximum measurable effectiveness in reducing traffic accidents,
    injuries, and deaths.
      "(b) Each pilot project authorized by this section shall be in
    operation not later than the one hundred and eightieth day after
    the date of the first appropriation of funds made under authority
    of this section, and shall be conducted for a one-year period. Not
    later than the ninetieth day after the end of each such one-year
    period, the Secretary of Transportation shall report to Congress
    the results of such project, including, but not limited to, an
    evaluation of the effectiveness of such project and a statistical
    analysis of the traffic accidents and fatalities within the project
    area during such one-year period.
      "(c) There is authorized to be appropriated, out of the Highway
    Trust Fund, to carry out subsections (a) and (b) of this section,
    $6,000,000, to remain available until expended.
      "(d) National Highway Safety Campaign. - Utilizing those
    techniques, methods, and practices determined most effective under
    subsection (b), the Secretary of Transportation shall conduct a
    national highway safety campaign utilizing the local and national
    television and radio to educate and inform the public of
    techniques, methods, and practices to reduce the number and
    severity of highway accidents. Not later than the 180th day after
    the date of submission of the first report to Congress required by
    subsection (b) of this section, the Secretary shall commence the
    conduct of such campaign.
      "(e) Such campaign is authorized to be conducted in cooperation
    with interested government and nongovernment authorities, agencies,
    organizations, institutions, businesses, and individuals, and shall
    utilize to the extent possible nongovernmental professional
    organizations equipped and experienced to conduct such campaign.
      "(f) The Secretary of Transportation shall engage such private
    firms or organizations as he determines necessary to conduct an on-
    going evaluation of the national campaign authorized by subsection
    (d) of this section to determine ways and means for encouraging the
    participation and cooperation of television and radio station
    licensees, for measuring audience reactions to on-going highway
    safety programming for evaluating the effectiveness of such
    programs in terms of the number of lives saved and the reduction in
    injuries, and for the purpose of developing new programs for the
    promotion of highway safety. Such evaluation shall include
    determinations of those programs designed to encourage the
    voluntary use of safety belts which are most effective and shall
    include recommendations for new methods and approaches which will
    result in greater voluntary utilization of safety belts by the
    public.
      "(g) The Secretary of Transportation shall submit a report to the
    Congress on July 1 of each year in which the campaign is in
    progress on the results of such evaluation and on the steps being
    taken by the Secretary of Transportation to implement the
    recommendations of such evaluation.
      "(h) For the purpose of carrying out subsections (d), (e), (f),
    and (g) of this section, there is authorized to be appropriated out
    of the Highway Trust Fund, $10,000,000, to remain available until
    expended. None of the amounts authorized by this subsection shall
    be available for obligation for any education or information
    program conducted in connection with the implementation of Federal
    Motor Vehicle Safety Standard 208 (49 C.F.R. 571.208).
      "(i) All provisions of chapter 1 of title 23, United States Code,
    that are applicable to Federal-aid primary 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 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
    funds authorized to be appropriated to carry out this section shall
    not be subject to any obligation limitation."
      [For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under section 209(g) of Pub. L. 95-599, set
    out above, is listed on page 139), see section 3003 of Pub. L. 104-
    66, as amended, set out as a note under section 1113 of Title 31,
    Money and Finance.]

        HIGHWAY SAFETY EDUCATIONAL PROGRAMING AND STUDY; REPORT TO
          CONGRESS; SERIES OF HIGHWAY SAFETY TELEVISION PROGRAMS;
                       APPROPRIATIONS AUTHORIZATIONS
      Section 211 of Pub. L. 93-87 directed Secretary of
    Transportation, in cooperation with government and nongovernment
    authorities and individuals, to conduct a full and complete
    investigation and study of use of mass media for informing and
    educating the public of ways and means for reducing number and
    severity of highway accidents, to report to Congress his findings
    and recommendations by June 30, 1974, and to develop, in
    consultation with State and local highway safety officials, a
    series of highway safety television programs of varying lengths for
    use in accordance with provisions of the Communication Act of 1934
    (47 U.S.C. 151 et seq.).

                HIGHWAY SAFETY CITIZEN PARTICIPATION STUDY            
      Section 212 of Pub. L. 93-87 authorized the appropriation of
    $1,000,000 for a study by the Secretary of Transportation, with
    cooperation of State and local highway safety authorities, of ways
    and means of encouraging greater citizen participation in highway
    safety programs, the results of such study and recommendations to
    be reported to Congress by June 30, 1974.

      NATIONAL CENTER FOR STATISTICAL ANALYSIS OF HIGHWAY OPERATIONS  
      Section 213 of Pub. L. 93-87 authorized the appropriation of
    $5,000,000 to make a study of the feasibility of establishing a
    National Center for Statistical Analysis of Highway Operations
    designed to acquire, store and retrieve accident data, the results
    of such study and recommendations to be reported to Congress not
    later than Jan. 1, 1975.

                    PEDESTRIAN AND BICYCLE SAFETY STUDY                
      Section 214 of Pub. L. 93-87 authorized the appropriation of
    $5,000,000 for a study of pedestrian and bicycle safety, including
    a review of local ordinances, the relationship between alcohol and
    pedestrian and bicycle safety, etc., the results of such study and
    recommendations to be reported to Congress not later than Jan. 31,
    1975.

                        HIGHWAY SAFETY NEEDS STUDY                    
      Section 225 of Pub. L. 93-87 mandated a study by the Secretary of
    Transportation of highway safety needs of the States, including
    those of Puerto Rico, the District of Columbia, Guam, American
    Samoa, the Virgin Islands and other territories, in order to
    evaluate continuing safety programs and furnish Congress with
    information necessary for authorization of appropriations for
    continuing safety programs, the results of such study, estimates
    and recommendations to be submitted to Congress not later than Jan.
    10, 1976.

         NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION; CREATION;
      APPOINTMENT OF ADMINISTRATOR AND DEPUTY ADMINISTRATOR; DUTIES;
                            RETROACTIVE EFFECT
      Section 201 of Pub. L. 89-564, as amended by Pub. L. 89-670, Sec.
    8(h), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90-83, Sec. 10(b), Sept.
    11, 1967, 81 Stat. 224; Pub. L. 91-605, title II, Sec. 202(a), Dec.
    31, 1970, 84 Stat. 1739, which provided for the creation of
    National Highway Traffic Safety Administration in the Department of
    Transportation, was repealed by Pub. L. 97-449, Sec. 7(b), Jan. 12,
    1983, 96 Stat. 2444, and reenacted by section 1(b) of Pub. L. 97-
    449 as section 105 of Title 49, Transportation.

          ACTING ADMINISTRATOR OF NATIONAL HIGHWAY TRAFFIC SAFETY
                              ADMINISTRATION
      Pub. L. 91-605, title II, Sec. 202(b), Dec. 31, 1970, 84 Stat.
    1740, permitted President to authorize any person who immediately
    before Dec. 31, 1970, held the office of Director of the National
    Highway Safety Bureau, to act as Administrator of the National
    Highway Traffic Safety Administration until the appointment of the
    first Administrator.

     ANNUAL REPORT TO CONGRESS ON ADMINISTRATION OF HIGHWAY SAFETY ACT
                                  OF 1966
      Section 202 of Pub. L. 89-564, as amended by Pub. L. 93-87, title
    II, Sec. 224, Aug. 13, 1973, 87 Stat. 292, provided that:
      "(a) The Secretary shall prepare and submit to the President for
    transmittal to the Congress on July 1 of each year a comprehensive
    report on the administration of the Highway Safety Act of 1966
    (including chapter 4 of title 23 of the United States Code) for the
    preceding calendar year. Such report should include but not be
    restricted to (1) a thorough statistical compilation of the
    accidents and injuries occurring in such year; (2) a list of all
    safety standards issued or in effect in such year; (3) the scope of
    observance of applicable Federal standards; (4) a statement of
    enforcement actions including judicial decisions, settlements, or
    pending litigation during the year; (5) a summary of all current
    research grants and contracts together with a description of the
    problems to be considered by such grants and contracts; (6) an
    analysis and evaluation of completed research activities and
    technological progress achieved during such year together with the
    relevant policy recommendations flowing therefrom: (7) the
    effectiveness of State highway safety program (including local
    highway safety programs) and (8) the extent to which technical
    information was being disseminated to the scientific community and
    consumer-oriented material was made available to the motoring
    public.
      "(b) The annual report shall also contain such recommendations
    for additional legislation as the Secretary deems necessary to
    promote cooperation among the several States in the improvement of
    highway safety and to strengthen the national highway safety
    program."
      [For termination, effective May 15, 2000, of provisions relating
    to transmittal of report to Congress in section 202 of Pub. L. 89-
    564, set out above, see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and page 135 of House Document No. 103-7.]

           DETAILED COST ESTIMATE OF HIGHWAY SAFETY ACT OF 1966       
      Section 207 of Pub. L. 89-564 directed Secretary, in cooperation
    with the Governors of appropriate State highway safety agencies,
    make a detailed estimate of the cost of carrying out the Highway
    Safety Act of 1966 in order to provide a basis for evaluating
    continuing programs under the Act and to furnish Congress
    information necessary for authorization of appropriations for
    fiscal years beginning after June 30, 1969, such estimates to be
    submitted to Congress not later than Jan. 10, 1968.

                  INTERSTATE COMPACTS FOR HIGHWAY SAFETY              
      Pub. L. 85-684, Aug. 20, 1958, 72 Stat. 635, as amended by Pub.
    L. 88-466, Aug. 20 1964, 78 Stat. 564, provided: "That the consent
    of Congress is hereby given to any two or more of the several
    States, and one or more of the several States and the District of
    Columbia, to enter into agreements or compacts - 
        "(1) for cooperative effort and mutual assistance in the
      establishment and carrying out of traffic safety programs,
      including, but not limited to, the enactment of uniform traffic
      laws, driver education and training, coordination of traffic law
      enforcement, research into safe automobile and highway design,
      and research programs of the human factors affecting traffic
      safety, and
        "(2) for the establishment of such agencies, joint or
      otherwise, as they deem desirable for the establishment and
      carrying out of such traffic safety programs."

-End-



-CITE-
    23 USC Sec. 402                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 402. Highway safety programs

-STATUTE-
      (a) Each State shall have a highway safety program approved by
    the Secretary, designed to reduce traffic accidents and deaths,
    injuries, and property damage resulting therefrom. Such programs
    shall be in accordance with uniform guidelines promulgated by the
    Secretary. Such uniform guidelines shall be expressed in terms of
    performance criteria. In addition, such uniform guidelines shall
    include programs (1) to reduce injuries and deaths resulting from
    motor vehicles being driven in excess of posted speed limits, (2)
    to encourage the proper use of occupant protection devices
    (including the use of safety belts and child restraint systems) by
    occupants of motor vehicles, (3) to reduce deaths and injuries
    resulting from persons driving motor vehicles while impaired by
    alcohol or a controlled substance, (4) to prevent accidents and
    reduce deaths and injuries resulting from accidents involving motor
    vehicles and motorcycles, (5) to reduce injuries and deaths
    resulting from accidents involving school buses, and (!1) (6) to
    reduce accidents resulting from unsafe driving behavior (including
    aggressive or fatigued driving and distracted driving arising from
    the use of electronic devices in vehicles) (!2) (7) to improve law
    enforcement services in motor vehicle accident prevention, traffic
    supervision, and post-accident procedures. The Secretary shall
    establish a highway safety program for the collection and reporting
    of data on traffic-related deaths and injuries by the States. Under
    such program, the States shall collect and report such data as the
    Secretary may require. The purposes of the program are to ensure
    national uniform data on such deaths and injuries and to allow the
    Secretary to make determinations for use in developing programs to
    reduce such deaths and injuries and making recommendations to
    Congress concerning legislation necessary to implement such
    programs. The program shall provide for annual reports to the
    Secretary on the efforts being made by the States in reducing
    deaths and injuries occurring at highway construction sites and the
    effectiveness and results of such efforts. The Secretary shall
    establish minimum reporting criteria for the program. Such criteria
    shall include, but not be limited to, criteria on deaths and
    injuries resulting from police pursuits, school bus accidents,
    aggressive driving, fatigued driving, distracted driving, and
    speeding, on traffic-related deaths and injuries at highway
    construction sites and on the configuration of commercial motor
    vehicles involved in motor vehicle accidents. Such uniform
    guidelines shall be promulgated by the Secretary so as to improve
    driver performance (including, but not limited to, driver
    education, driver testing to determine proficiency to operate motor
    vehicles, driver examinations (both physical and mental) and driver
    licensing) and to improve pedestrian performance and bicycle
    safety. In addition such uniform guidelines shall include, but not
    be limited to, provisions for an effective record system of
    accidents (including injuries and deaths resulting therefrom),
    accident investigations to determine the probable causes of
    accidents, injuries, and deaths, vehicle registration, operation,
    and inspection, highway design and maintenance (including lighting,
    markings, and surface treatment), traffic control, vehicle codes
    and laws, surveillance of traffic for detection and correction of
    high or potentially high accident locations, enforcement of light
    transmission standards of window glazing for passenger motor
    vehicles and light trucks as necessary to improve highway safety,
    and emergency services. Such guidelines as are applicable to State
    highway safety programs shall, to the extent determined appropriate
    by the Secretary, be applicable to federally administered areas
    where a Federal department or agency controls the highways or
    supervises traffic operations.


      (b) Administration of State Programs. - 
        (1) Administrative requirements. - The Secretary may not
      approve a State highway safety program under this section which
      does not - 
          (A) 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;
          (B) authorize political subdivisions of the State to carry
        out local highway safety programs within their jurisdictions as
        a part of the State highway safety program if such local
        highway safety programs are approved by the Governor and are in
        accordance with the minimum standards established by the
        Secretary under this section;
          (C) except as provided in paragraph (3), 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 authorized in accordance with subparagraph (B);
          (D) provide adequate and reasonable access for the safe and
        convenient movement of individuals with disabilities, including
        those in wheelchairs, across curbs constructed or replaced on
        or after July 1, 1976, at all pedestrian crosswalks throughout
        the State; and
          (E) 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 - 
            (i) national law enforcement mobilizations;
            (ii) sustained enforcement of statutes addressing impaired
          driving, occupant protection, and driving in excess of posted
          speed limits;
            (iii) 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; and
            (iv) development of statewide data systems to provide
          timely and effective data analysis to support allocation of
          highway safety resources.

        (2) Waiver. - 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.
        (3) Use of technology for traffic enforcement. - The Secretary
      may encourage States to use technologically advanced traffic
      enforcement devices (including the use of automatic speed
      detection devices such as photo-radar) by law enforcement
      officers.

      (c) 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 accidents, and deaths and
    injuries resulting therefrom. Such funds shall be apportioned 75
    per centum in the ratio which the population of each State bears to
    the total population of all the States, as shown by the latest
    available Federal census, and 25 per centum in the ratio which the
    public road mileage in each State bears to the total public road
    mileage in all States. For the purposes of this subsection, a
    "public road" means any road under the jurisdiction of and
    maintained by a public authority and open to public travel. Public
    road mileage as used in this subsection shall be determined as of
    the end of the calendar year preceding the year in which the funds
    are apportioned and shall be certified to by the Governor of the
    State and subject to approval by the Secretary. The annual
    apportionment to each State shall not be less than one-half of 1
    per centum of the total apportionment, except that the
    apportionment to the Secretary of the Interior shall not be less
    than 2 percent of the total apportionment and the apportionments to
    the Virgin Islands, Guam, American Samoa, and the Commonwealth of
    the Northern Mariana Islands shall not be less than one-quarter of
    1 per centum of the total apportionment. The Secretary shall not
    apportion any funds under this subsection to any State which is not
    implementing a highway safety program approved by the Secretary in
    accordance with this section. For the purpose of the seventh
    sentence of this subsection, a highway safety program approved by
    the Secretary shall not include any requirement that a State
    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 eighteen years of
    age or older or passenger eighteen years of age or older to wear a
    safety helmet when operating or riding a motorcycle on the streets
    and highways of that State. Implementation of a highway safety
    program under this section shall not be construed to require the
    Secretary to require compliance with every uniform guideline, or
    with every element of every uniform guideline, in every State.
    Funds apportioned under this section to any State, that does not
    have a highway safety program approved by the Secretary or that is
    not implementing an approved program, shall be reduced by amounts
    equal to not less than 50 per centum of the amounts that would
    otherwise be apportioned to the State under this section, until
    such time as the Secretary approves such program or determines that
    the State is implementing an approved program, as appropriate. The
    Secretary shall consider the gravity of the State's failure to have
    or implement an approved program in determining the amount of the
    reduction. The Secretary shall promptly apportion to the State the
    funds withheld from its apportionment if he approves the State's
    highway safety program or determines that the State has begun
    implementing an approved program, as appropriate, prior to the end
    of the fiscal year for which the funds were withheld. If the
    Secretary determines that the State did not correct its failure
    within such period, the Secretary shall reapportion the withheld
    funds to the other States in accordance with the formula specified
    in this subsection not later than 30 days after such determination.
      (d) 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.
      (e) 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.
      (f) 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.
      (g) Nothing in this section authorizes the appropriation or
    expenditure of funds for (1) highway construction, maintenance, or
    design (other than design of safety features of highways to be
    incorporated into guidelines) or (2) any purpose for which funds
    are authorized by section 403 of this title.
      [(h) Repealed. Pub. L. 97-35, title XI, Sec. 1107(c), Aug. 13,
    1981, 95 Stat. 626.]
      (i) Application in Indian Country. - 
        (1) Use of terms. - 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.
        (2) Expenditures for local highway programs. - 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.
        (3) Access for individuals with disabilities. - 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.
        (4) Indian country defined. - In this subsection, the term
      "Indian country" means - 
          (A) 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;
          (B) 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
          (C) all Indian allotments, the Indian titles to which have
        not been extinguished, including rights-of-way running through
        such allotments.

      (j) Rulemaking Proceeding. - 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.
      (k)(1) Subject to the provisions of this subsection, the
    Secretary shall make a grant to any State which includes, as part
    of its highway safety program under section 402 of this title, the
    use of a comprehensive computerized safety recordkeeping system
    designed to correlate data regarding traffic accidents, drivers,
    motor vehicles, and roadways. Any such grant may only be used by
    such State to establish and maintain a comprehensive computerized
    traffic safety recordkeeping system or to obtain and operate
    components to support highway safety priority programs identified
    by the Secretary under this section. Notwithstanding any other
    provision of law, if a report, list, schedule, or survey is
    prepared by or for a State or political subdivision thereof under
    this subsection, such report, list, schedule, or survey shall not
    be admitted as evidence or used in any suit or action for damages
    arising out of any matter mentioned in such report, list, schedule,
    or survey.
      (2) No State may receive a grant under this subsection in more
    than two fiscal years.
      (3) The amount of the grant to any State under this subsection
    for the first fiscal year such State is eligible for a grant under
    this subsection shall equal 10 per centum of the amount apportioned
    to such State for fiscal year 1985 under this section. The amount
    of a grant to any State under this subsection for the second fiscal
    year such State is eligible for a grant under this subsection shall
    equal 10 per centum of the amount apportioned to such State for
    fiscal year 1986 under this section.
      (4) A State is eligible for a grant under this subsection if - 
        (A) it certifies to the Secretary that it has in operation a
      computerized traffic safety recordkeeping system and identifies
      proposed means of upgrading the system acceptable to the
      Secretary; or
        (B) it provides to the Secretary a plan acceptable to the
      Secretary for establishing and maintaining a computerized traffic
      safety recordkeeping system.

      (5) The Secretary, after making the deduction authorized by the
    second sentence of subsection (c) of this section for fiscal years
    1985 and 1986, shall set aside 10 per centum of the remaining funds
    authorized to be appropriated to carry out this section for the
    purpose of making grants under this subsection. Funds set aside
    under this subsection shall remain available for the fiscal year
    authorized and for the succeeding fiscal year and any amounts
    remaining unexpended at the end of such period shall be apportioned
    in accordance with the provisions of subsection (c) of this
    section.
      (l) Law Enforcement Vehicular Pursuit Training. - 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.
      (m) Consolidation of Grant Applications. - The Secretary shall
    establish an approval process by which a State may apply for all
    grants under this chapter through a single application process with
    one annual deadline. The Bureau of Indian Affairs shall establish a
    similar simplified process for applications for grants from Indian
    tribes under this chapter.

-SOURCE-
    (Added Pub. L. 89-564, title I, Sec. 101, Sept. 9, 1966, 80 Stat.
    731; amended Pub. L. 90-495, Sec. 13, Aug. 23, 1968, 82 Stat. 822;
    Pub. L. 91-605, title II, Secs. 202(c), (d), (e), 203(a), Dec. 31,
    1970, 84 Stat. 1740, 1741; Pub. L. 93-87, title II, Secs. 207, 215-
    217, 219, 228, 229, 231, Aug. 13, 1973, 87 Stat. 285, 290, 293,
    294; Pub. L. 94-280, title II, Secs. 204, 208(a), 211, 212, May 5,
    1976, 90 Stat. 453, 454, 455; Pub. L. 95-599, title II, Sec.
    207(a), (b)(1), (c), (d), Nov. 6, 1978, 92 Stat. 2731, 2732; Pub.
    L. 97-35, title XI, Sec. 1107(c)-(e), Aug. 13, 1981, 95 Stat. 626;
    Pub. L. 97-424, title II, Sec. 208, Jan. 6, 1983, 96 Stat. 2140;
    Pub. L. 98-363, Secs. 3(a), 5, July 17, 1984, 98 Stat. 436; Pub. L.
    100-17, title I, Sec. 133(b)(20), title II, Sec. 206, Apr. 2, 1987,
    101 Stat. 172, 221; Pub. L. 102-240, title II, Sec. 2002, Dec. 18,
    1991, 105 Stat. 2070; Pub. L. 104-66, title I, Sec. 1121(d), Dec.
    21, 1995, 109 Stat. 724; Pub. L. 105-178, title I, Sec.
    1212(a)(2)(A)(i), title II, Sec. 2001(a)-(e), June 9, 1998, 112
    Stat. 193, 323, 324; Pub. L. 109-59, title II, Sec. 2002(a)-(d),
    Aug. 10, 2005, 119 Stat. 1521.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (d), probably means Pub. L. 93-
    87, Aug. 13, 1973, 87 Stat. 250, as amended. For complete
    classification of this Act to the Code, see Tables.
      The date of enactment of this subsection, referred to in subsec.
    (l), is the date of enactment of Pub. L. 109-59, which was approved
    Aug. 10, 2005.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 2002(a)(4), inserted
    "aggressive driving, fatigued driving, distracted driving," after
    "school bus accidents," in tenth sentence.
      Subsec. (a)(2). Pub. L. 109-59, Sec. 2002(a)(1), struck out "and
    to increase public awareness of the benefit of motor vehicles
    equipped with airbags" before comma at end.
      Subsec. (a)(6), (7). Pub. L. 109-59, Sec. 2002(a)(2), (3), added
    cl. (6) and redesignated former cl. (6) as (7).
      Subsec. (b). Pub. L. 109-59, Sec. 2002(b)(2), which directed
    amendment of subsec. (b)(1) by redesignating cl. (6) as (7), could
    not be executed because neither subsec. (b)(1) nor (b) contained a
    cl. (6).
      Subsec. (b)(1)(E). Pub. L. 109-59, Sec. 2002(b)(1), (3), (4),
    added subpar. (E).
      Subsec. (c). Pub. L. 109-59, Sec. 2002(c)(2), which directed
    amendment of subsec. (c) by substituting "2 percent" for "three-
    fourths of 1 percent" in sixth sentence, was executed by making
    the substitution in fifth sentence to reflect the probable intent
    of Congress and the amendment by Pub. L. 109-59, Sec. 2002(c)(1).
    See below.
      Pub. L. 109-59, Sec. 2002(c)(1), struck out second sentence which
    read as follows: "Such funds shall be subject to a deduction not to
    exceed 5 per centum for the necessary costs of administering the
    provisions of this section, and the remainder shall be apportioned
    among the several States."
      Subsecs. (l), (m). Pub. L. 109-59, Sec. 2002(d), added subsecs.
    (l) and (m).
      1998 - Subsec. (a). Pub. L. 105-178, Sec. 2001(a), in fourth
    sentence, substituted "(4) to prevent accidents and" for "(4) to",
    in eighth sentence, struck out "include information obtained by the
    Secretary under section 4007 of the Intermodal Surface
    Transportation Efficiency Act of 1991 and" before "provide for
    annual reports to the Secretary", and in twelfth sentence, inserted
    "enforcement of light transmission standards of window glazing for
    passenger motor vehicles and light trucks as necessary to improve
    highway safety," before "and emergency services".
      Subsec. (b). Pub. L. 105-178, Sec. 2001(b), inserted heading,
    redesignated pars. (3) to (5) as (1) to (3), respectively,
    substituted "paragraph (3)" for "paragraph (5)" in par. (1)(C) and
    "paragraph (1)(C)" for "paragraph (3)(C)" in par. (2), and struck
    out former pars. (1) and (2) which read as follows:
      "(b)(1) The Secretary shall not approve any State highway safety
    program under this section which does not - 
        "(A) 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.
        "(B) authorize political subdivisions of such State to carry
      out local highway safety programs within their jurisdictions as a
      part of the State highway safety program if such local highway
      safety programs are approved by the Governor and are in
      accordance with the uniform guidelines of the Secretary
      promulgated under this section.
        "(C) provide that at least 40 per centum of all Federal funds
      apportioned under this section to such State for any fiscal year
      will be expended by the political subdivisions of such State in
      carrying out local highway safety programs authorized in
      accordance with subparagraph (B) of this paragraph.
        "(D) provide adequate and reasonable access for the safe and
      convenient movement of physically handicapped persons, including
      those in wheelchairs, across curbs constructed or replaced on or
      after July 1, 1976, at all pedestrian crosswalks throughout the
      State.
        "(E) provide for programs (which may include financial
      incentives and disincentives) to encourage the use of safety
      belts by drivers of, and passengers in, motor vehicles.
      "(2) The Secretary is authorized to waive the requirement of
    subparagraph (C) of paragraph (1) of this subsection, in whole or
    in part, for a fiscal year for any State whenever he determines
    that there is an insufficient number of local highway safety
    programs to justify the expenditure in such State of such
    percentage of Federal funds during such fiscal year."
      Subsec. (c). Pub. L. 105-178, Sec. 2001(c), in sixth sentence,
    inserted "the apportionment to the Secretary of the Interior shall
    not be less than three-fourths of 1 percent of the total
    apportionment and" before "the apportionments to the Virgin
    Islands".
      Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
    "State transportation department" for "State highway department".
      Subsec. (i). Pub. L. 105-178, Sec. 2001(d), inserted heading and
    amended text of subsec. (i) generally. Prior to amendment, text
    read as follows: "For the purpose of the application of this
    section on Indian reservations, 'State' and 'Governor of a State'
    includes the Secretary of the Interior and 'political subdivision
    of a State' includes an Indian tribe: Provided, That,
    notwithstanding the provisions of subparagraph (C) of subsection
    (b)(1) hereof, 95 per centum of the funds apportioned to the
    Secretary of the Interior after date of enactment, shall be
    expended by Indian tribes to carry out highway safety programs
    within their jurisdictions: And provided further, That the
    provisions of subparagraph (E) of subsection (b)(1) hereof shall be
    applicable except in those tribal jurisdictions in which the
    Secretary determines such programs would not be practicable."
      Subsec. (j). Pub. L. 105-178, Sec. 2001(e), amended heading and
    text of subsec. (j) generally. Prior to amendment, text read as
    follows: "The Secretary shall, not later than September 1, 1987,
    begin a rulemaking process to determine those programs most
    effective in reducing accidents, injuries, and deaths. Not later
    than April 1, 1988, the Secretary shall promulgate a final rule
    establishing those programs determined to be most effective in
    reducing accidents, injuries, and deaths. If such rule is
    promulgated by April 1, 1988, then it shall take effect October 1,
    1988. If such rule is not promulgated by April 1, 1988, it shall
    take effect October 1, 1989. After a rule is promulgated in
    accordance with this subsection, the Secretary may from time to
    time thereafter revise such rule under a rulemaking process
    described in the first sentence of this subsection. Any rule under
    this subsection shall be promulgated taking into account
    consideration of the States having a major role in establishing
    programs described in the first sentence of this subsection. When a
    rule promulgated in accordance with this subsection takes effect,
    only those programs established by such rule as most effective in
    reducing accidents, injuries, and deaths shall be eligible to
    receive Federal financial assistance under this section."
      1995 - Subsec. (a). Pub. L. 104-66 struck out after fourth
    sentence "If the Secretary does not designate as priority programs
    those programs described in the preceding sentence, the Secretary
    shall submit to Congress a report describing the reasons for not
    prioritizing such programs."
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 2002(a), inserted after
    third sentence "In addition, such uniform guidelines shall include
    programs (1) to reduce injuries and deaths resulting from motor
    vehicles being driven in excess of posted speed limits, (2) to
    encourage the proper use of occupant protection devices (including
    the use of safety belts and child restraint systems) by occupants
    of motor vehicles and to increase public awareness of the benefit
    of motor vehicles equipped with airbags, (3) to reduce deaths and
    injuries resulting from persons driving motor vehicles while
    impaired by alcohol or a controlled substance, (4) to reduce deaths
    and injuries resulting from accidents involving motor vehicles and
    motorcycles, (5) to reduce injuries and deaths resulting from
    accidents involving school buses, and (6) to improve law
    enforcement services in motor vehicle accident prevention, traffic
    supervision, and post-accident procedures. If the Secretary does
    not designate as priority programs those programs described in the
    preceding sentence, the Secretary shall submit to Congress a report
    describing the reasons for not prioritizing such programs. The
    Secretary shall establish a highway safety program for the
    collection and reporting of data on traffic-related deaths and
    injuries by the States. Under such program, the States shall
    collect and report such data as the Secretary may require. The
    purposes of the program are to ensure national uniform data on such
    deaths and injuries and to allow the Secretary to make
    determinations for use in developing programs to reduce such deaths
    and injuries and making recommendations to Congress concerning
    legislation necessary to implement such programs. The program shall
    include information obtained by the Secretary under section 4007 of
    the Intermodal Surface Transportation Efficiency Act of 1991 and
    provide for annual reports to the Secretary on the efforts being
    made by the States in reducing deaths and injuries occurring at
    highway construction sites and the effectiveness and results of
    such efforts. The Secretary shall establish minimum reporting
    criteria for the program. Such criteria shall include, but not be
    limited to, criteria on deaths and injuries resulting from police
    pursuits, school bus accidents, and speeding, on traffic-related
    deaths and injuries at highway construction sites and on the
    configuration of commercial motor vehicles involved in motor
    vehicle accidents."
      Subsec. (b)(3) to (5). Pub. L. 102-240, Sec. 2002(b), added pars.
    (3) to (5).
      Subsec. (d). Pub. L. 102-240, Sec. 2002(c), substituted "National
    Highway System" for "Federal-aid primary".
      1987 - Subsec. (a). Pub. L. 100-17, Sec. 206(a), (b), substituted
    "guidelines" for "standards" wherever appearing and struck out
    provisions authorizing the Secretary to temporarily amend or waive
    standards in public interest for purpose of evaluating new or
    different highway safety programs instituted on an experimental,
    pilot or demonstration basis.
      Subsec. (b)(1)(B). Pub. L. 100-17, Sec. 206(a), substituted
    "guidelines" for "standards".
      Subsec. (b)(1)(D) to (F). Pub. L. 100-17, Sec. 206(c),
    redesignated subpars. (E) and (F) as (D) and (E), respectively, and
    struck out former subpar. (D) which read as follows: "provide for
    comprehensive driver training programs, including (1) the
    initiation of a State program for driver education in the school
    systems or for a significant expansion and improvement of such a
    program already in existence, to be administered by appropriate
    school officials under the supervision of the Governor as set forth
    in subparagraph (A) of this paragraph; (2) the training of
    qualified school instructors and their certification; (3)
    appropriate regulation of other driver training schools, including
    licensing of the schools and certification of their instructors;
    (4) adult driver training programs, and programs for the retraining
    of selected drivers; (5) adequate research, development and
    procurement of practice driving facilities, simulators, and other
    similar teaching aids for both school and other driver training
    use, and (6) driver education programs, including research, that
    will assure greater safety for bicyclists using public roads in
    such State."
      Subsec. (c). Pub. L. 100-17, Secs. 133(b)(20), 206(a),
    substituted "Such" for "For the fiscal years ending June 30, 1967,
    June 30, 1968, and June 30, 1969, such funds shall be apportioned
    75 per centum on the basis of population and 25 per centum as the
    Secretary in his administrative discretion may deem appropriate and
    thereafter such", "American Samoa, and the Commonwealth of the
    Northern Mariana Islands" for "and American Samoa", "The Secretary
    shall" for "After December 31, 1969, the Secretary shall", and
    "guideline" for "standard" wherever appearing.
      Subsecs. (e) to (g). Pub. L. 100-17, Sec. 206(a), substituted
    "guidelines" for "standards".
      Subsec. (j). Pub. L. 100-17, Sec. 206(d), amended subsec. (j)
    generally. Prior to amendment, subsec. (j) read as follows: "The
    Secretary of Transportation shall, not later than September 1,
    1981, begin a rulemaking process to determine those programs most
    effective in reducing accidents, injuries, and deaths. Such rule
    shall be promulgated taking into account consideration of the
    States having a major role in establishing these programs. Not
    later than April 1, 1982, the Secretary shall promulgate a final
    rule establishing those programs determined most effective in
    reducing accidents, injuries, and deaths. Before such rule shall
    take effect, it shall be transmitted to Congress. If such rule is
    not transmitted by April 1, 1982, it shall not take effect before
    October 1, 1983. If such rule is transmitted by April 1, 1982, it
    shall take effect October 1, 1982, unless before June 1, 1982,
    either House of Congress by resolution disapproves such rule. If
    such rule is disapproved by either House of Congress, the Secretary
    shall not apportion or obligate any amount authorized to carry out
    this section for the fiscal year ending September 30, 1983, or any
    subsequent fiscal year, unless specifically authorized to do so by
    a statute enacted after the date of enactment of the Omnibus Budget
    Reconciliation Act of 1981. When a rule promulgated in accordance
    with this subsection takes effect, only those programs established
    by such rule as most effective in reducing accidents, injuries, and
    deaths shall be eligible to receive Federal financial assistance
    under this chapter."
      1984 - Subsec. (c). Pub. L. 98-363, Sec. 3(a), inserted ", except
    that the apportionments to the Virgin Islands, Guam, and American
    Samoa shall be not less than one-quarter of 1 per centum of the
    total apportionment" in sixth sentence.
      Subsec. (k). Pub. L. 98-363, Sec. 5, added subsec. (k).
      1983 - Subsec. (c). Pub. L. 97-424 struck out provision that
    apportionments to Virgin Islands, Guam, and American Samoa were not
    to be less than one third of 1 per centum of total apportionment
    from provision relating to the minimum apportionment for each
    State.
      1981 - Subsec. (b)(1). Pub. L. 97-35, Sec. 1107(e), struck out
    subpar. (D) which related to aggregate expenditure of funds, and
    redesignated subpars. (E) to (G) as (D) to (F), respectively.
      Subsec. (h). Pub. L. 97-35, Sec. 1107(c), struck out subsec. (h)
    which related to continuation in effect of uniform safety standards
    promulgated on or before July 1, 1973.
      Subsec. (j). Pub. L. 97-35, Sec. 1107(d), substituted provisions
    requiring the Secretary to begin by Sept. 1, 1981, a rulemaking
    process to determine the most effective programs to reduce
    accidents, injuries, and deaths, and procedures applicable to the
    process, for provisions authorizing the Secretary to make incentive
    grants to States most progressive in reducing traffic fatalities,
    criteria, duration, etc., of such grants, and authorization of
    appropriations.
      1978 - Subsec. (a). Pub. L. 95-599, Sec. 207(a), inserted
    "including, but not limited to, such programs for identifying
    accident causes, adopting measures to reduce accidents, and
    evaluating effectiveness of such measures" after "one or more
    States".
      Subsec. (b)(1)(A). Pub. L. 95-599, Sec. 207(b)(1), substituted
    "State highway safety agency" for "State agency".
      Subsec. (b)(1)(G). Pub. L. 95-599, Sec. 207(c), added subpar.
    (G).
      Subsec. (d). Pub. L. 95-599, Sec. 207(d), inserted "(other than
    planning and administration)" after "State highway safety program"
    and "(other than one for planning or administration)" after "cost
    of any project under this section".
      1976 - Subsec. (c), sixth sentence. Pub. L. 94-280, Sec. 211,
    inserted exception provision requirement that the apportionments to
    the Virgin Islands, Guam, and American Samoa be not less than one-
    third of 1 per centum of the total apportionment.
      Subsec. (c), eighth and ninth sentences. Pub. L. 94-280, Sec.
    208(a), inserted eighth and ninth sentences: excluding from any
    highway safety program approved by the Secretary any requirement
    that a State implement a Federal safety helmet wearing standard for
    operators or passengers of motorcycles by adopting or enforcing any
    law, rule, or regulation based on the Federal standard, and
    authorizing State implementation of a highway safety program
    without compliance with every uniform standard in every State; and
    deleted prior eighth, ninth, and tenth sentences providing for: a
    10 per centum reduction of funds apportioned to a State on or after
    January 1, 1970, for nonimplementation of a highway safety program
    approved by the Secretary during such a period; suspension of
    application of such provision during necessary periods when in the
    public interest; and reapportionment of withheld amounts to other
    States in accordance with applicable provisions of law, now covered
    in the tenth through thirteenth sentences.
      Subsec. (c), tenth through thirteenth sentences. Pub. L. 94-280,
    Sec. 212, inserted provisions for: a 50 per centum reduction of
    funds apportioned to a State during time of absence or
    nonimplementation of a highway safety program; gravity rule in
    determining amount of reduction of funds; apportionment to a State
    of withheld funds prior to the end of the fiscal year for which the
    funds were withheld in event of approval of or State implementation
    of a highway safety program; and for reapportionment of funds to
    other States in accordance with the prescribed formula not later
    than 30 days after determination of absence of correction by a
    State, similar provisions being formerly covered in prior eighth,
    ninth, and tenth sentences providing for: a 10 per centum reduction
    of funds apportioned to a State on or after January 1, 1970, for
    nonimplementation of a highway safety program approved by the
    Secretary during such a period; suspension of application of such
    provision during necessary periods when in the public interest; and
    reapportionment of withheld amounts to other States in accordance
    with applicable provisions of law.
      Subsec. (j)(3) to (5). Pub. L. 94-280, Sec. 204, added par. (3)
    provisions respecting incentive safety grants, struck out prior
    par. (3) provisions limiting incentive awards authorized by this
    section to 25 per centum of each State's apportionment as
    authorized by this chapter, and added pars. (4) and (5).
      1973 - Subsec. (a). Pub. L. 93-87, Sec. 231(a), provided for
    promulgation of uniform standards so as to improve bicycle safety.
      Subsec. (b)(1)(E)(6). Pub. L. 93-87, Sec. 231(b), added item (6)
    of subpar. (E).
      Subsec. (b)(1)(F). Pub. L. 93-87, Sec. 228, added subpar. (F).
      Subsec. (c). Pub. L. 93-87, Secs. 215-217, provided for use of
    funds for development and implementation of manpower training
    programs, and of demonstration programs that the Secretary
    determines will contribute directly to the reduction of accidents,
    and deaths and injuries resulting therefrom and inserted "Such
    funds" before "shall be subject to a deduction"; provided for the
    determination of public road mileage as of the end of the calendar
    year preceding the year in which the funds are apportioned and
    shall be certified to by the Governor of the State and subject to
    approval by the Secretary; and increased the annual apportionment
    to each State from "one-third of 1 per centum" to "one-half of 1
    per centum" of the total apportionment, respectively.
      Subsec. (d). Pub. L. 93-87, Sec. 207(b), inserted at end of first
    sentence provision 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.
      Subsec. (h). Pub. L. 93-87, Sec. 229, substituted provisions for
    continuation of uniform safety standards promulgated under this
    section on or before July 1, 1973, unless otherwise specifically
    provided by law enacted after Aug. 13, 1973, and prohibiting the
    Secretary from promulgating any other uniform safety standard under
    this section (including by revision of a standard continued in
    effect by the preceding sentence) unless otherwise specifically
    provided by law enacted after Aug. 13, 1973, for former prohibition
    against promulgation of any other uniform safety standard unless at
    least 90 days prior to the effective date of such standard the
    Secretary shall have submitted such standard to Congress, except in
    the case of State safety program elements with respect to which
    uniform standards have been promulgated by the Secretary before
    Dec. 31, 1970.
      Subsec. (i). Pub. L. 93-87, Sec. 207(a), added subsec. (i).
      Subsec. (j). Pub. L. 93-87, Sec. 219, added subsec. (j).
      1970 - Subsec. (b)(1)(A). Pub. L. 91-605, Sec. 203(A), required
    the Governor of a State be responsible for the administration of
    the State highway safety program through a State agency suitably
    organized and possessed of adequate powers to carry out such
    programs to the satisfaction of the Secretary.
      Subsec. (c). Pub. L. 91-605, Sec. 202(c), provided a formula for
    apportionments to States, after June 30, 1969, to carry out this
    section, whereby 75% of the appropriation is based on the ratio
    which the population of each State bears to the total population of
    all the States and 25% of the appropriation is based on the ratio
    which the public road mileage in each State bears to the total
    public road mileage in all States, defined "public road", provided
    the annual apportionment to each State not to be less than one-
    third of 1% of the total apportionment, struck out provisions
    authorizing appropriations after June 30, 1969 to be apportioned as
    Congress shall provide and struck out provisions mandating the
    Secretary to report to Congress his recommendations for a
    nondiscretionary formula of apportionment for the fiscal year
    ending June 30, 1970, and the fiscal years thereafter.
      Subsec. (d). Pub. L. 91-605, Sec. 202(d), provided that the
    aggregate of all expenditures made during any fiscal year by a
    State and its political subdivisions for carrying out the State
    highway safety program be available for crediting such State for
    the non-Federal share of the cost of any project under this section
    without regard to whether such expenditures were actually made in
    connection with such project.
      Subsec. (h). Pub. L. 91-605, Sec. 202(e), added subsec. (h).
      1968 - Subsec. (c). Pub. L. 90-495 substituted "December 31,
    1969" for "December 31, 1968" as the last day on which the
    Secretary may apportion funds to States which are not implementing
    highway safety programs approved by the Secretary and substituted
    "January 1, 1970" for "January 1, 1969" as the date after which
    funds apportioned to States not having approved safety programs
    shall be reduced until a safety program is implemented.

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-59, title II, Sec. 2022, Aug. 10, 2005, 119 Stat.
    1544, provided that: "Sections 2002 through 2007 of this title
    [amending this section and sections 403, 405, 406, 408, and 410 of
    this title and enacting provisions set out as notes under sections
    403 and 410 of this title] (and the amendments and repeals made by
    such sections) shall take effect October 1, 2005."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 2008 of title II of Pub. L. 102-240 provided that:
    "Except as otherwise provided, this title [amending this section
    and sections 403 and 410 of this title and sections 1392, 1413, and
    1414 of Title 15, Commerce and Trade, enacting provisions set out
    as notes under this section and sections 401, 403, and 410 of this
    title and section 1392 of Title 15, and amending provisions set out
    as a note under section 401 of this title], including the
    amendments made by this title, shall take effect on the date of the
    enactment of this Act [Dec. 18, 1991], shall apply to funds
    authorized to be appropriated or made available after September 30,
    1991, and shall not apply to funds appropriated or made available
    on or before such date of enactment."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 3(a) of Pub. L. 98-363 applicable to fiscal
    years beginning after July 17, 1984, see section 3(c) of Pub. L. 98-
    363, set out as a note under section 401 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 1107(c) of Pub. L. 97-35 provided that the amendment made
    by that section is effective Oct. 1, 1982.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 207(b)(2) of Pub. L. 95-599 provided that: "The amendment
    made by paragraph (1) of this subsection [amending this section]
    shall take effect January 1, 1979."

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 203(b) of Pub. L. 91-605 provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall take effect December 31, 1971."

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of this
    title.

                       SAFE ROUTES TO SCHOOL PROGRAM                   
      Pub. L. 109-59, title I, Sec. 1404, Aug. 10, 2005, 119 Stat.
    1228, provided that:
      "(a) Establishment. - Subject to the requirements of this
    section, the Secretary [of Transportation] shall establish and
    carry out a safe routes to school program for the benefit of
    children in primary and middle schools.
      "(b) Purposes. - The purposes of the program shall be - 
        "(1) to enable and encourage children, including those with
      disabilities, to walk and bicycle to school;
        "(2) to make bicycling and walking to school a safer and more
      appealing transportation alternative, thereby encouraging a
      healthy and active lifestyle from an early age; and
        "(3) to facilitate the planning, development, and
      implementation of projects and activities that will improve
      safety and reduce traffic, fuel consumption, and air pollution in
      the vicinity of schools.
      "(c) Apportionment of Funds. - 
        "(1) In general. - Subject to paragraphs (2), (3), and (4),
      amounts made available to carry out this section for a fiscal
      year shall be apportioned among the States in the ratio that - 
          "(A) the total student enrollment in primary and middle
        schools in each State; bears to
          "(B) the total student enrollment in primary and middle
        schools in all States.
        "(2) Minimum apportionment. - No State shall receive an
      apportionment under this section for a fiscal year of less than
      $1,000,000.
        "(3) Set-aside for administrative expenses. - Before
      apportioning under this subsection amounts made available to
      carry out this section for a fiscal year, the Secretary [of
      Transportation] shall set aside not more than $3,000,000 of such
      amounts for the administrative expenses of the Secretary in
      carrying out this subsection.
        "(4) Determination of student enrollments. - Determinations
      under this subsection concerning student enrollments shall be
      made by the Secretary.
      "(d) Administration of Amounts. - Amounts apportioned to a State
    under this section shall be administered by the State's department
    of transportation.
      "(e) Eligible Recipients. - Amounts apportioned to a State under
    this section shall be used by the State to provide financial
    assistance to State, local, and regional agencies, including
    nonprofit organizations, that demonstrate an ability to meet the
    requirements of this section.
      "(f) Eligible Projects and Activities. - 
        "(1) Infrastructure-related projects. - 
          "(A) In general. - Amounts apportioned to a State under this
        section may be used for the planning, design, and construction
        of infrastructure-related projects that will substantially
        improve the ability of students to walk and bicycle to school,
        including sidewalk improvements, traffic calming and speed
        reduction improvements, pedestrian and bicycle crossing
        improvements, on-street bicycle facilities, off-street bicycle
        and pedestrian facilities, secure bicycle parking facilities,
        and traffic diversion improvements in the vicinity of schools.
          "(B) Location of projects. - Infrastructure-related projects
        under subparagraph (A) may be carried out on any public road or
        any bicycle or pedestrian pathway or trail in the vicinity of
        schools.
        "(2) Noninfrastructure-related activities. - 
          "(A) In general. - In addition to projects described in
        paragraph (1), amounts apportioned to a State under this
        section may be used for noninfrastructure-related activities to
        encourage walking and bicycling to school, including public
        awareness campaigns and outreach to press and community
        leaders, traffic education and enforcement in the vicinity of
        schools, student sessions on bicycle and pedestrian safety,
        health, and environment, and funding for training, volunteers,
        and managers of safe routes to school programs.
          "(B) Allocation. - Not less than 10 percent and not more than
        30 percent of the amount apportioned to a State under this
        section for a fiscal year shall be used for noninfrastructure-
        related activities under this subparagraph.
        "(3) Safe routes to school coordinator. - Each State receiving
      an apportionment under this section for a fiscal year shall use a
      sufficient amount of the apportionment to fund a full-time
      position of coordinator of the State's safe routes to school
      program.
      "(g) Clearinghouse. - 
        "(1) In general. - The Secretary [of Transportation] shall make
      grants to a national nonprofit organization engaged in promoting
      safe routes to schools to - 
          "(A) operate a national safe routes to school clearinghouse;
          "(B) develop information and educational programs on safe
        routes to school; and
          "(C) provide technical assistance and disseminate techniques
        and strategies used for successful safe routes to school
        programs.
        "(2) Funding. - The Secretary shall carry out this subsection
      using amounts set aside for administrative expenses under
      subsection (c)(3).
      "(h) Task Force. - 
        "(1) In general. - The Secretary [of Transportation] shall
      establish a national safe routes to school task force composed of
      leaders in health, transportation, and education, including
      representatives of appropriate Federal agencies, to study and
      develop a strategy for advancing safe routes to school programs
      nationwide.
        "(2) Report. - Not later than March 31, 2006, the Secretary
      shall submit to Congress a report containing the results of the
      study conducted, and a description of the strategy developed,
      under paragraph (1) and information regarding the use of funds
      for infrastructure-related and noninfrastructure-related
      activities under paragraphs (1) and (2) of subsection (f).
        "(3) Funding. - The Secretary shall carry out this subsection
      using amounts set aside for administrative expenses under
      subsection (c)(3).
      "(i) Applicability of Title 23. - Funds made available to carry
    out this section shall be available for obligation in the same
    manner as if such funds were apportioned under chapter 1 of title
    23, United States Code; except that such funds shall not be
    transferable and shall remain available until expended, and the
    Federal share of the cost of a project or activity under this
    section shall be 100 percent.
      "(j) Treatment of Projects. - Notwithstanding any other provision
    of law, projects assisted under this subsection shall be treated as
    projects on a Federal-aid system under chapter 1 of title 23,
    United States Code.
      "(k) Definitions. - In this section, the following definitions
    apply:
        "(1) In the vicinity of schools. - The term 'in the vicinity of
      schools' means, with respect to a school, the area within
      bicycling and walking distance of the school (approximately 2
      miles).
        "(2) Primary and middle schools. - The term 'primary and middle
      schools' means schools providing education from kindergarten
      through eighth grade."

                              ROADWAY SAFETY                          
      Pub. L. 109-59, title I, Sec. 1411, Aug. 10, 2005, 119 Stat.
    1234, provided that:
      "(a) Road Safety. - 
        "(1) In general. - The Secretary [of Transportation] shall
      enter into an agreement to assist in the activities of a national
      nonprofit organization that is dedicated solely to improving
      public road safety - 
          "(A) by improving the quality of data pertaining to public
        road hazards and design features that affect or increase the
        severity of motor vehicle crashes;
          "(B) by developing and carrying out a public awareness
        campaign to educate State and local transportation officials,
        public safety officials, and motorists regarding the extent to
        which public road hazards and design features are a factor in
        motor vehicle crashes; and
          "(C) by promoting public road safety research and technology
        transfer activities.
        "(2) Funding. - There is authorized to be appropriated from the
      Highway Trust Fund (other than the Mass Transit Account) $500,000
      for each of fiscal years 2006 through 2009 to carry out this
      subsection.
        "(3) Applicability of title 23. - Funds made available by this
      subsection shall be available for obligation in the same manner
      as if such funds were apportioned under chapter 1 of title 23,
      United States Code, except that the funds shall remain available
      until expended.
      "(b) Bicycle and Pedestrian Safety Grants. - 
        "(1) In general. - The Secretary [of Transportation] shall make
      grants to a national, not-for-profit organization engaged in
      promoting bicycle and pedestrian safety - 
          "(A) to operate a national bicycle and pedestrian
        clearinghouse;
          "(B) to develop information and educational programs; and
          "(C) to disseminate techniques and strategies for improving
        bicycle and pedestrian safety.
        "(2) Funding. - There is authorized to be appropriated from the
      Highway Trust Fund (other than the Mass Transit Account) $300,000
      for fiscal year 2005 and $500,000 for each of fiscal years 2006
      through 2009 to carry out this subsection.
        "(3) Applicability of title 23. - Funds made available by this
      subsection shall be available for obligation in the same manner
      as if such funds were apportioned under chapter 1 of title 23,
      United States Code, except that the funds shall remain available
      until expended."

                GRANT PROGRAM TO PROHIBIT RACIAL PROFILING            
      Pub. L. 109-59, title I, Sec. 1906, Aug. 10, 2005, 119 Stat.
    1468, provided that:
      "(a) Grants. - Subject to the requirements of this section, the
    Secretary [of Transportation] shall make grants to a State that - 
        "(1)(A) has enacted and is enforcing a law that prohibits the
      use of racial profiling in the enforcement of State laws
      regulating the use of Federal-aid highways; and
        "(B) is maintaining and allows public inspection of statistical
      information for each motor vehicle stop made by a law enforcement
      officer on a Federal-aid highway in the State regarding the race
      and ethnicity of the driver and any passengers; or
        "(2) provides assurances satisfactory to the Secretary that the
      State is undertaking activities to comply with the requirements
      of paragraph (1).
      "(b) Eligible Activities. - A grant received by a State under
    subsection (a) shall be used by the State - 
        "(1) in the case of a State eligible under subsection (a)(1),
      for costs of - 
          "(A) collecting and maintaining of data on traffic stops;
          "(B) evaluating the results of the data; and
          "(C) developing and implementing programs to reduce the
        occurrence of racial profiling, including programs to train law
        enforcement officers; and
        "(2) in the case of a State eligible under subsection (a)(2),
      for costs of - 
          "(A) activities to comply with the requirements of subsection
        (a)(1); and
          "(B) any eligible activity under paragraph (1).
      "(c) Racial Profiling. - 
        "(1) In general. - To meet the requirement of subsection
      (a)(1), a State law shall prohibit, in the enforcement of State
      laws regulating the use of Federal-aid highways, a State or local
      law enforcement officer from using the race or ethnicity of the
      driver or passengers to any degree in making routine or
      spontaneous law enforcement decisions, such as ordinary traffic
      stops on Federal-aid highways.
        "(2) Limitation. - Nothing in this subsection shall alter the
      manner in which a State or local law enforcement officer
      considers race or ethnicity whenever there is trustworthy
      information, relevant to the locality or time frame, that links
      persons of a particular race or ethnicity to an identified
      criminal incident, scheme, or organization.
      "(d) Limitations. - 
        "(1) Maximum amount of grants. - The total amount of grants
      made to a State under this section in a fiscal year may not
      exceed 5 percent of the amount made available to carry out this
      section in the fiscal year.
        "(2) Eligibility. - A State may not receive a grant under
      subsection (a)(2) in more than 2 fiscal years.
      "(e) Authorization of Appropriations. - 
        "(1) In general. - There is authorized to be appropriated from
      the Highway Trust Fund (other than the Mass Transit Account) to
      carry out this section $7,500,000 for each of fiscal years 2005
      through 2009.
        "(2) Contract authority. - Funds authorized by this subsection
      shall be available for obligation in the same manner as if the
      funds were apportioned under chapter 1 of title 23, United States
      Code, except the Federal share of the cost of activities carried
      out using such funds shall be 80 percent, and such funds shall
      remain available until expended and shall not be transferable."

                    HIGH VISIBILITY ENFORCEMENT PROGRAM                
      Pub. L. 109-59, title II, Sec. 2009, Aug. 10, 2005, 119 Stat.
    1535, provided that:
      "(a) In General. - The Administrator of the National Highway
    Traffic Safety Administration shall establish and administer a
    program under which at least 2 high-visibility traffic safety law
    enforcement campaigns will be carried out for the purposes
    specified in subsection (b) in each of years 2006 through 2009.
      "(b) Purpose. - The purpose of each law enforcement campaign
    under this section shall be to achieve either or both of the
    following objectives:
        "(1) Reduce alcohol-impaired or drug-impaired operation of
      motor vehicles.
        "(2) Increase use of seat belts by occupants of motor vehicles.
      "(c) Advertising. - The Administrator may use, or authorize the
    use of, funds available to carry out this section to pay for the
    development, production, and use of broadcast and print media
    advertising in carrying out traffic safety law enforcement
    campaigns under this section. Consideration shall be given to
    advertising directed at non-English speaking populations, including
    those who listen, read, or watch nontraditional media.
      "(d) Coordination With States. - The Administrator shall
    coordinate with the States in carrying out the traffic safety law
    enforcement campaigns under this section, including advertising
    funded under subsection (c), with a view to - 
        "(1) relying on States to provide the law enforcement resources
      for the campaigns out of funding available under this section and
      sections 402, 405, 406, and 410 of title 23, United States Code;
      and
        "(2) providing out of National Highway Traffic Safety
      Administration resources most of the means necessary for national
      advertising and education efforts associated with the law
      enforcement campaigns.
      "(e) Use of Funds. - Funds made available to carry out this
    section may only be used for activities described in subsections
    (a), (c), and (f).
      "(f) Annual Evaluation. - The Secretary [of Transportation] shall
    conduct an annual evaluation of the effectiveness of campaigns
    referred to in subsection (a).
      "(g) State Defined. - The term 'State' has the meaning such term
    has under section 401 of title 23, United States Code."

                            MOTORCYCLIST SAFETY                        
      Pub. L. 109-59, title II, Sec. 2010, Aug. 10, 2005, 119 Stat.
    1535, provided that:
      "(a) Authority To Make Grants. - Subject to the requirements of
    this section, the Secretary [of Transportation] shall make grants
    to States that adopt and implement effective programs to reduce the
    number of single- and multi-vehicle crashes involving
    motorcyclists.
      "(b) Maintenance of Effort. - No grant may be made to a State
    under this section in a fiscal year unless the State enters into
    such agreements with the Secretary [of Transportation] as the
    Secretary may require to ensure that the State will maintain its
    aggregate expenditures from all the other sources for motorcyclist
    safety training programs and motorcyclist awareness programs at or
    above the average level of such expenditures in its 2 fiscal years
    preceding the date of enactment of this Act [Aug. 10, 2005].
      "(c) Allocation. - The amount of a grant made to a State for a
    fiscal year under this section may not be less than $100,000 and
    may not exceed 25 percent of the amount apportioned to the State
    for fiscal year 2003 under section 402 of title 23, United States
    Code.
      "(d) Grant Eligibility. - 
        "(1) In general. - A State becomes eligible for a grant under
      this section by adopting or demonstrating to the satisfaction of
      the Secretary [of Transportation] - 
          "(A) for the first fiscal year for which the State will
        receive a grant under this section, at least 1 of the 6
        criteria listed in paragraph (2); and
          "(B) for the second, third, and fourth fiscal years for which
        the State will receive a grant under this section, at least 2
        of the 6 criteria listed in paragraph (2).
        "(2) Criteria. - The criteria for eligibility for a grant under
      this section are the following:
          "(A) Motorcycle rider training courses. - An effective
        motorcycle rider training course that is offered throughout the
        State, provides a formal program of instruction in accident
        avoidance and other safety-oriented operational skills to
        motorcyclists and that may include innovative training
        opportunities to meet unique regional needs.
          "(B) Motorcyclists awareness program. - An effective
        statewide program to enhance motorist awareness of the presence
        of motorcyclists on or near roadways and safe driving practices
        that avoid injuries to motorcyclists.
          "(C) Reduction of fatalities and crashes involving
        motorcycles. - A reduction for the preceding calendar year in
        the number of motorcycle fatalities and the rate of motor
        vehicle crashes involving motorcycles in the State (expressed
        as a function of 10,000 motorcycle registrations).
          "(D) Impaired driving program. - Implementation of a
        statewide program to reduce impaired driving, including
        specific measures to reduce impaired motorcycle operation.
          "(E) Reduction of fatalities and accidents involving impaired
        motorcyclists. - A reduction for the preceding calendar year in
        the number of fatalities and the rate of reported crashes
        involving alcohol- or drug-impaired motorcycle operators
        (expressed as a function of 10,000 motorcycle registrations).
          "(F) Fees collected from motorcyclists. - All fees collected
        by the State from motorcyclists for the purposes of funding
        motorcycle training and safety programs will be used for
        motorcycle training and safety programs.
      "(e) Eligible Uses. - 
        "(1) In general. - A State may use funds from a grant under
      this section only for motorcyclist safety training and
      motorcyclist awareness programs, including - 
          "(A) improvements to motorcyclist safety training curricula;
          "(B) improvements in program delivery of motorcycle training
        to both urban and rural areas, including - 
            "(i) procurement or repair of practice motorcycles;
            "(ii) instructional materials;
            "(iii) mobile training units; and
            "(iv) leasing or purchasing facilities for closed-course
          motorcycle skill training;
          "(C) measures designed to increase the recruitment or
        retention of motorcyclist safety training instructors; and
          "(D) public awareness, public service announcements, and
        other outreach programs to enhance driver awareness of
        motorcyclists, such as the 'share-the-road' safety messages
        developed under subsection (g).
        "(2) Suballocations of funds. - An agency of a State that
      receives a grant under this section may suballocate funds from
      the grant to a nonprofit organization incorporated in that State
      to carry out under this section.
      "(f) Definitions. - In this section, the following definitions
    apply:
        "(1) Motorcyclist safety training. - The term 'motorcyclist
      safety training' means a formal program of instruction that is
      approved for use in a State by the designated State authority
      having jurisdiction over motorcyclist safety issues, which may
      include the State motorcycle safety administrator or a motorcycle
      advisory council appointed by the Governor of the State.
        "(2) Motorcyclist awareness. - The term 'motorcyclist
      awareness' means individual or collective awareness of - 
          "(A) the presence of motorcycles on or near roadways; and
          "(B) safe driving practices that avoid injury to
        motorcyclists.
        "(3) Motorcyclist awareness program. - The term 'motorcyclist
      awareness program' means an informational or public awareness
      program designed to enhance motorcyclist awareness that is
      developed by or in coordination with the designated State
      authority having jurisdiction over motorcyclist safety issues,
      which may include the State motorcycle safety administrator or a
      motorcycle advisory council appointed by the Governor of the
      State.
        "(4) State. - The term 'State' has the same meaning such term
      has in section 101(a) of title 23, United States Code.
      "(g) Share-the-Road Model Language. - Not later than 1 year after
    the date of enactment of this Act [Aug. 10, 2005], the Secretary
    [of Transportation], in consultation with the Administrator of the
    National Highway Traffic Safety Administration, shall develop and
    provide to the States model language for use in traffic safety
    education courses, driver's manuals, and other driver's training
    materials instructing the drivers of motor vehicles on the
    importance of sharing the roads safely with motorcyclists."

                  FIRST RESPONDER VEHICLE SAFETY PROGRAM              
      Pub. L. 109-59, title II, Sec. 2014, Aug. 10, 2005, 119 Stat.
    1540, provided that:
      "(a) In General. - Not later than 1 year after the date of
    enactment of this Act [Aug. 10, 2005], the Secretary [of
    Transportation], in consultation with the Administrator of the
    National Highway Traffic Safety Administration, should - 
        "(1) develop and implement a comprehensive program to promote
      compliance with State and local laws intended to increase the
      safe and efficient operation of first responder vehicles;
        "(2) compile a list of best practices by State and local
      governments to promote compliance with the laws described in
      paragraph (1);
        "(3) analyze State and local laws intended to increase the safe
      and efficient operation of first responder vehicles; and
        "(4) develop model legislation to increase the safe and
      efficient operation of first responder vehicles.
      "(b) Partnerships. - The Secretary [of Transportation] may enter
    into partnerships with qualified organizations to carry out this
    section.
      "(c) Public Outreach. - The Secretary [of Transportation] shall
    use a variety of public outreach strategies to carry out this
    section, including public service announcements, publication of
    informational materials, and posting information on the Internet.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated to the Secretary [of Transportation] such sums as
    may be necessary to carry out this section for fiscal year 2006."

                         LAW ENFORCEMENT TRAINING                     
      Pub. L. 109-59, title II, Sec. 2017(b), Aug. 10, 2005, 119 Stat.
    1542, provided that:
      "(1) Requirement for program. - The Secretary [of Transportation]
    shall carry out a program to provide guidance and support to law
    enforcement agencies in police chase techniques that are consistent
    with the police chase guidelines issued by the International
    Association of Chiefs of Police.
      "(2) Amount for program. - Of the funds made available to carry
    out section 403 of title 23, United States Code, the Secretary
    shall allocate $500,000 in each of fiscal years 2006 through 2009
    to carry out this subsection."

               NATIONAL BICYCLE SAFETY EDUCATION CURRICULUM           
      Pub. L. 105-178, title I, Sec. 1202(e), June 9, 1998, 112 Stat.
    170, provided that:
      "(1) Development. - The Secretary is authorized to develop a
    national bicycle safety education curriculum that may include
    courses relating to on-road training.
      "(2) Report. - Not later than 12 months after the date of
    enactment of this Act [June 9, 1998], the Secretary shall transmit
    to Congress a copy of the curriculum.
      "(3) Funding. - From amounts made available under section 210
    [probably should be section 206], the Secretary may use not to
    exceed $500,000 for fiscal year 1999 to carry out this subsection."

                   BICYCLE AND PEDESTRIAN SAFETY GRANTS               
      Pub. L. 105-178, title I, Sec. 1212(i), formerly Sec. 1212(o),
    June 9, 1998, 112 Stat. 196; renumbered Sec. 1212(i), Pub. L. 105-
    206, title IX, Sec. 9003(e)(5), July 22, 1998, 112 Stat. 840, and
    amended by Pub. L. 108-88, Sec. 5(a)(8), Sept. 30, 2003, 117 Stat.
    1114; Pub. L. 108-202, Sec. 5(a)(8), Feb. 29, 2004, 118 Stat. 481;
    Pub. L. 108-224, Sec. 4(a)(8), Apr. 30, 2004, 118 Stat. 629; Pub.
    L. 108-263, Sec. 4(a)(8), June 30, 2004, 118 Stat. 700; Pub. L. 108-
    280, Sec. 4(a)(8), July 30, 2004, 118 Stat. 879; Pub. L. 108-310,
    Sec. 5(a)(8), Sept. 30, 2004, 118 Stat. 1149; Pub. L. 109-14, Sec.
    4(a)(8), May 31, 2005, 119 Stat. 326; Pub. L. 109-20, Sec. 4(a)(8),
    July 1, 2005, 119 Stat. 348; Pub. L. 109-35, Sec. 4(a)(8), July 20,
    2005, 119 Stat. 381; Pub. L. 109-37, Sec. 4(a)(8), July 22, 2005,
    119 Stat. 396; Pub. L. 109-40, Sec. 4(a)(8), July 28, 2005, 119
    Stat. 412; Pub. L. 109-59, title I, Sec. 1111(b)(4), Aug. 10, 2005,
    119 Stat. 1171, provided that:
      "(1) In general. - The Secretary shall make grants to a national,
    not-for-profit organization engaged in promoting bicycle and
    pedestrian safety - 
        "(A) to operate a national bicycle and pedestrian
      clearinghouse;
        "(B) to develop information and educational programs; and
        "(C) to disseminate techniques and strategies for improving
      bicycle and pedestrian safety.
      "(2) Authorization of appropriations. - There is authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass
    Transit Account) to carry out this subsection $500,000 for each of
    fiscal years 1998 through 2004 and $415,000 for the period of
    October 1, 2004, through July 30, 2005.
      "(3) Applicability of title 23. - Funds authorized by this
    subsection shall be available for obligation in the same manner as
    if such funds were apportioned under chapter 1 of title 23, United
    States Code, except that the funds shall remain available until
    expended."

                 HIGHWAY SAFETY EDUCATION AND INFORMATION             
      Pub. L. 105-178, title II, Sec. 2001(f), June 9, 1998, 112 Stat.
    325, provided that:
      "(1) In general. - For fiscal years 1999 and 2000, the Secretary
    shall allow any State to use funds apportioned to the State under
    section 402 of title 23, United States Code, to purchase television
    and radio time for highway safety public service messages.
      "(2) Reports by states. - Any State that uses funds described in
    paragraph (1) for purchasing television and radio time for highway
    safety public service messages shall submit to the Secretary a
    report describing, and assessing the effectiveness of, the
    messages.
      "(3) Study. - Based on information contained in the reports
    submitted under paragraph (2), the Secretary shall prepare and
    transmit to Congress a report on the effectiveness of purchasing
    television and radio time for highway safety public service
    messages using funds described in paragraph (1)."

                 EVALUATION OF HANDICAPPED PARKING SYSTEM             
      Section 1088 of Pub. L. 102-240 directed Secretary to conduct a
    study on progress being made by States in adopting and implementing
    uniform system for handicapped parking established in regulations
    issued pursuant to Pub. L. 100-641 (102 Stat. 3335), set out below,
    and, not later than 2 years after Dec. 18, 1991, submit to Congress
    the results of the study.

                           OBLIGATION LIMITATION                       
      Section 2009(b) of Pub. L. 102-240 provided that: "If an
    obligation limitation is placed on sums authorized to be
    appropriated to carry out section 402 of title 23, United States
    Code, for fiscal year 1993 or subsequent fiscal years, any amounts
    made available out of such funds to carry out sections 2004 and
    2006 of this Act [amending section 410 of this title and enacting
    provisions set out as notes under sections 403 and 410 of this
    title] and section 211(b) of the National Driver Register Act of
    1982 [Pub. L. 97-364, set out as a note under section 401 of this
    title] shall be reduced proportionally."

                        HANDICAPPED PARKING SYSTEM                    
      Pub. L. 100-641, Sec. 3, Nov. 9, 1988, 102 Stat. 3335, provided
    that:
      "(a) Regulations. - Not later than the 180th day following the
    date of the enactment of this Act [Nov. 9, 1988], the Secretary of
    Transportation shall issue regulations - 
        "(1) which establish a uniform system for handicapped parking
      designed to enhance the safety of handicapped individuals, and
        "(2) which encourage adoption of such system by all the States.
    In issuing such regulations, the Secretary shall consult the
    States.
      "(b) Definitions. - For purposes of this section - 
        "(1) Uniform system for handicapped parking. - A uniform system
      for handicapped parking designed to enhance the safety of
      handicapped individuals is a system which - 
          "(A) adopts the International Symbol of Access (as adopted by
        Rehabilitation International in 1969 at its 11th World Congress
        on Rehabilitation of the Disabled) as the only recognized
        symbol for the identification of vehicles used for transporting
        individuals with handicaps which limit or impair the ability to
        walk;
          "(B) provides for the issuance of license plates displaying
        the International Symbol of Access for vehicles which will be
        used to transport individuals with handicaps which limit or
        impair the ability to walk, under criteria determined by the
        State;
          "(C) provides for the issuance of removable windshield
        placards (displaying the International Symbol of Access) to
        individuals with handicaps which limit or impair the ability to
        walk, under criteria determined by the State;
          "(D) provides that fees charged for the licensing or
        registration of a vehicle used to transport individuals with
        handicaps do not exceed fees charged for the licensing or
        registration of other similar vehicles operated in the State;
        and
          "(E) for purposes of easy access parking, recognizes licenses
        and placards displaying the International Symbol of Access
        which have been issued by other States and countries.
        "(2) State. - The term 'State' has the meaning such term has
      when used in chapter 4 of title 23, United States Code."

    PARKING FOR HANDICAPPED PERSONS; STUDY AND REPORT; PROPOSED UNIFORM
                                 STATE LAW
      Section 161 of Pub. L. 100-17 provided that:
      "(a) Study. - The Secretary shall conduct a study for the purpose
    of determining - 
        "(1) any problems encountered by handicapped persons in parking
      motor vehicles; and
        "(2) whether or not each State should establish parking
      privileges for handicapped persons and grant to nonresidents of
      the State the same parking privileges as are granted to
      residents.
      "(b) Report. - Not later than 180 days after the date of the
    enactment of this Act [Apr. 2, 1987], the Secretary shall submit to
    the Committee on Environment and Public Works of the Senate and the
    Committee on Public Works and Transportation of the House of
    Representatives a report on the results of the study conducted
    under subsection (a).
      "(c) Development of Proposed Uniform State Law. - 
        "(1) Requirement. - If the Secretary determines under
      subsection (a) that each State should establish parking
      privileges for handicapped persons and grant to nonresidents of
      the State the same parking privileges as are granted to
      residents, the Secretary shall develop a proposed uniform State
      law with respect to parking privileges for handicapped persons
      and submit a copy of the proposed uniform State law to the
      Committee on Environment and Public Works of the Senate and the
      Committee on Public Works and Transportation of the House of
      Representatives and each State.
        "(2) Factors to consider. - In developing the proposed uniform
      State law, the Secretary shall consult with the States and shall
      consider any advantages - 
          "(A) of ensuring that parking privileges for handicapped
        persons may be utilized whether a handicapped person is a
        passenger or a driver;
          "(B) of the use of the international symbol of access as the
        exclusive symbol identifying parking zones for handicapped
        persons and identifying vehicles that may park in such parking
        zones;
          "(C) of displaying the international symbol of access on
        license plates or license plate decals and on identification
        placards; and
          "(D) of designing any identification placard so that the
        placard is easily visible when placed in the interior of any
        vehicle.
        "(3) Report. - If a proposed uniform State law with respect to
      parking privileges for handicapped persons is developed and
      submitted to the Committee on Environment and Public Works of the
      Senate and the Committee on Public Works and Transportation [now
      Committee on Transportation and Infrastructure] of the House of
      Representatives under paragraph (1), within 12 months after the
      date of such submission and each year thereafter, the Secretary
      shall report to such committees on the extent to which each State
      has adopted the proposed uniform State law."
      [For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under section 161(c)(3) of Pub. L. 100-17,
    set out above, is listed on page 133), see section 3003 of Pub. L.
    104-66, as amended, set out as a note under section 1113 of Title
    31, Money and Finance.]

     SCHOOLBUS SAFETY MEASURES; STUDY BY NATIONAL ACADEMY OF SCIENCES
     AND REPORT; PUBLICATION OF LIST OF MOST EFFECTIVE SAFETY MEASURES
            IN FEDERAL REGISTER; SCHOOLBUS SAFETY GRANT PROGRAM
      Section 204 of Pub. L. 100-17 provided that:
      "(a) Study. - 
        "(1) National academy of sciences. - Not later than 30 days
      after the date of the enactment of this Act [Apr. 2, 1987], the
      Secretary shall undertake to enter into appropriate arrangements
      with the National Academy of Sciences to conduct a comprehensive
      study and investigation of the principal causes of fatalities and
      injuries to schoolchildren riding in schoolbuses and of the use
      of seatbelts in schoolbuses and other measures that may improve
      the safety of schoolbus transportation. The purpose of the study
      and investigation is to determine those safety measures that are
      the most effective in protecting the safety of schoolchildren
      while boarding, leaving, and riding in schoolbuses.
        "(2) Report. - In entering into any arrangements with the
      National Academy of Sciences for conducting the study and
      investigation under this subsection, the Secretary shall request
      the National Academy of Sciences to submit, not later than 18
      months after the date on which such arrangements are completed,
      to Congress and the Secretary a report on the results of such
      study and investigation. The report shall contain a list of those
      safety measures determined by the Academy to be most effective in
      protecting the safety of schoolchildren while boarding, leaving,
      and riding in schoolbuses.
        "(3) Review of report. - Upon receipt of the report under
      paragraph (2), the Secretary shall review such report for the
      purpose of determining those safety measures that are the most
      effective in protecting the safety of schoolchildren while
      boarding, leaving, and riding in schoolbuses. Not later than 2
      months after the date of receipt of such report, the Secretary
      shall publish in the Federal Register a list of those safety
      measures which the Secretary determines are the most effective in
      protecting the safety of such children.
        "(4) Information. - Upon request of the National Academy of
      Sciences, the Secretary shall furnish to the Academy any
      information which the Academy deems necessary for the purpose of
      conducting the study and investigation under this subsection.
      "(b) Schoolbus Safety Grant Program. - 
        "(1) Set-aside. - Before apportioning any funds made available
      to carry out section 402 of title 23, United States Code, for
      each of fiscal years 1989, 1990, and 1991, the Secretary may set
      aside an amount not to exceed $5,000,000 for making grants to
      States to implement those schoolbus safety measures published by
      the Secretary under subsection (a).
        "(2) Application. - Any State interested in receiving under
      this subsection a grant to implement schoolbus safety measures in
      fiscal year 1989, 1990, or 1991 shall submit to the Secretary an
      application for such grant. Applications under this subsection
      shall be submitted at such time and in such form and contain such
      information as the Secretary may require by regulation.
        "(3) Limitation. - No State shall receive more than 30 percent
      of the funds set aside pursuant to this subsection for any fiscal
      year in grants under this subsection."

            SPECIAL PARKING PRIVILEGES FOR HANDICAPPED PERSONS        
      Pub. L. 98-78, title III, Sec. 321, Aug. 15, 1983, 97 Stat. 473,
    provided that:
      "(a) The Congress finds that - 
        "(1) in this Nation there exist millions of handicapped people
      with severe physical impairments including partial paralysis,
      limb amputation, chronic heart condition, emphysema, arthritis,
      rheumatism, and other debilitating conditions which greatly limit
      their personal mobility;
        "(2) these people reside in each of the several States and have
      need and reason to travel from one State to another for business
      and recreational purposes;
        "(3) each State maintains the right to establish and enforce
      its own code of regulations regarding the appropriate use of
      motor vehicles operating within its jurisdiction;
        "(4) within a given State handicapped individuals are
      oftentimes granted special parking privileges to help offset the
      limitations imposed by their physical impairment;
        "(5) these special parking privileges vary from State to State
      as do the methods and means of identifying vehicles used by
      disabled individuals, all of which serve to impede both the
      enforcement of special parking privileges and the handicapped
      individual's freedom to properly utilize such privileges;
        "(6) there are many efforts currently underway to help
      alleviate these problems through public awareness and
      administrative change as encouraged by concerned individuals and
      national associations directly involved in matters relating to
      the issue of special parking privileges for disabled individuals;
      and
        "(7) despite these efforts the fact remains that many States
      may need to give the matter legislative consideration to ensure a
      proper resolution of this issue, especially as it relates to law
      enforcement and placard responsibility.
      "(b) The Congress encourages each of the several States working
    through the National Governors Conference to - 
        "(1) adopt the International Symbol of Access as the only
      recognized and adopted symbol to be used to identify vehicles
      carrying those citizens with acknowledged physical impairments;
        "(2) grant to vehicles displaying this symbol the special
      parking privileges which a State may provide; and
        "(3) permit the International Symbol of Access to appear either
      on a specialized license plate, or on a specialized placard
      placed in the vehicles so as to be clearly visible through the
      front windshield, or on both such places.
      "(c) It is the sense of the Congress that agreements of
    reciprocity relating to the special parking privileges granted
    handicapped individuals should be developed and entered into by and
    between the several States so as to - 
        "(1) facilitate the free and unencumbered use between the
      several States, of the special parking privileges afforded those
      people with acknowledged handicapped conditions, without regard
      to the State of residence of the handicapped person utilizing
      such privilege;
        "(2) improve the ease of law enforcement in each State of its
      special parking privileges and to facilitate the handling of
      violators; and
        "(3) ensure that motor vehicles carrying individuals with
      acknowledged handicapped conditions be given fair and predictable
      treatment throughout the Nation.
      "(d) As used in this section the term 'State' means the several
    States and the District of Columbia.
      "(e) The Secretary of Transportation shall provide a copy of this
    section to the Governor of each State and the Mayor of the District
    of Columbia."

                          MOTORCYCLE HELMET STUDY                      
      Section 210 of Pub. L. 95-599 provided that the Secretary of
    Transportation make a full and complete study of the effects of the
    provision contained in the eighth sentence of subsec. (c) of this
    section and that the Secretary report the results of such study to
    Congress not later than one year after Nov. 6, 1978.

    STUDY OF METHODS OF ENCOURAGING USE OF SAFETY BELTS IN AUTOMOBILES
      Section 214 of Pub. L. 95-599 provided that the Secretary of
    Transportation undertake to enter into arrangements with the
    National Academy of Sciences to conduct a study and investigation
    of methods of encouraging the use of safety belts by drivers of,
    and passengers in, motor vehicles and that the National Academy of
    Sciences report to the Secretary and the Congress not later than
    one year after Nov. 6, 1978, on the results of such study.

            EVALUATION OF SAFETY STANDARDS; REPORT TO CONGRESS        
      Section 208(b) of Pub. L. 94-280 provided that: "The Secretary of
    Transportation shall, in cooperation with the States, conduct an
    evaluation of the adequacy and appropriateness of all uniform
    safety standards established under section 402 of title 23 of the
    United States Code which are in effect on the date of enactment of
    this Act [May 5, 1976]. The Secretary shall report his findings,
    together with his recommendations, including but not limited to,
    the need for revision or consolidation of existing standards and
    the establishment of new standards, to Congress on or before July
    1, 1977. Until such report is submitted, the Secretary shall not,
    pursuant to subsection (c) of section 402 of title 23, United
    States Code, withhold any apportionment or any funds apportioned to
    any State because such State is failing to implement a highway
    safety program approved by the Secretary in accordance with such
    section 402."

         REPORT TO CONGRESS BY JULY 1, 1967, ON INITIAL STANDARDS     
      Section 203 of Pub. L. 89-564 required the Secretary of Commerce
    to report to Congress by July 1, 1967, all standards to be
    initially applied in carrying out section 402 of this title.

                      AUTHORIZATION OF APPROPRIATIONS                  
      Section 104 of Pub. L. 89-564 authorized the appropriation of
    $67,000,000, $100,000,000, and $100,000,000 for the fiscal years
    ending June 30, 1967, 1968, and 1969, respectively, to carry out
    this section.

     STUDY OF RELATIONSHIP BETWEEN CONSUMPTION OF ALCOHOL AND HIGHWAY
                                  SAFETY
      Section 204 of Pub. L. 89-564, as amended by Pub. L. 97-449, Sec.
    2(a), Jan. 12, 1983, 96 Stat. 2439, directed the Secretary to make
    a thorough and complete study of the relationship between the
    consumption of alcohol and its effect upon highway safety and
    drivers of motor vehicles, in consultation with such other
    government and private agencies as may be necessary. Such study
    shall cover review and evaluation of State and local laws and
    enforcement methods and procedures relating to driving under the
    influence of alcohol, State and local programs for the treatment of
    alcoholism, and such other aspects of this overall problem as may
    be useful. The results of this study were required to be reported
    to the Congress by the Secretary on or before July 1, 1967, with
    recommendations for legislation if warranted.


-EXEC-
     EX. ORD. NO. 13043. INCREASING SEAT BELT USE IN THE UNITED STATES 
      Ex. Ord. No. 13043, Apr. 16, 1997, 62 F.R. 19217, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Highway
    Safety Act of 1966, 23 U.S.C. 402 and 403, as amended, section
    7902(c) of title 5, United States Code, and section 19 of the
    Occupational Safety and Health Act of 1970, 29 U.S.C. 668, as
    amended, and in order to require that Federal employees use seat
    belts while on official business; to require that motor vehicle
    occupants use seat belts in national park areas and on Department
    of Defense ("Defense") installations; to encourage Tribal
    Governments to adopt and enforce seat belt policies and programs
    for occupants of motor vehicles traveling on highways in Indian
    Country; and to encourage Federal contractors, subcontractors, and
    grantees to adopt and enforce on-the-job seat belt use policies and
    programs, it is hereby ordered as follows:
      Section 1. Policies. (a) Seat Belt Use by Federal Employees. Each
    Federal employee occupying any seating position of a motor vehicle
    on official business, whose seat is equipped with a seat belt,
    shall have the seat belt properly fastened at all times when the
    vehicle is in motion.
      (b) Seat Belt Use in National Parks and on Defense Installations.
    Each operator and passenger occupying any seating position of a
    motor vehicle in a national park area or on a Defense installation,
    whose seat is equipped with a seat belt or child restraint system,
    shall have the seat belt or child restraint system properly
    fastened, as required by law, at all times when the vehicle is in
    motion.
      (c) Seat Belt Use by Government Contractors, Subcontractors and
    Grantees. Each Federal agency, in contracts, subcontracts, and
    grants entered into after the date of this order, shall seek to
    encourage contractors, subcontractors, and grantees to adopt and
    enforce on-the-job seat belt policies and programs for their
    employees when operating company-owned, rented, or personally owned
    vehicles.
      (d) Tribal Governments. Tribal Governments are encouraged to
    adopt and enforce seat belt policies and programs for occupants of
    motor vehicles traveling on highways in Indian Country that are
    subject to their jurisdiction.
      Sec. 2. Scope of Order. All agencies of the executive branch are
    directed to promulgate rules and take other appropriate measures
    within their existing programs to further the policies of this
    order. This includes, but is not limited to, conducting education,
    awareness, and other appropriate programs for Federal employees
    about the importance of wearing seat belts and the consequences of
    not wearing them. It also includes encouraging Federal contractors,
    subcontractors, and grantees to conduct such programs. In addition,
    the National Park Service and the Department of Defense are
    directed to initiate rulemaking to consider regulatory changes with
    respect to enhanced seat belt use requirements and standard
    (primary) enforcement of such requirements in national park areas
    and on Defense installations, consistent with the policies outlined
    in this order, and to widely publicize and actively enforce such
    regulations. The term "agency" as used in this order means an
    Executive department, as defined in 5 U.S.C. 101, or any employing
    unit or authority of the Federal Government, other than those of
    the legislative and judicial branches.
      Sec. 3. Coordination. The Secretary of Transportation shall
    provide leadership and guidance to the heads of executive branch
    agencies to assist them with the employee seat belt programs
    established pursuant to this order. The Secretary of Transportation
    shall also cooperate and consult with the legislative and judicial
    branches of the Government to encourage and help them to adopt seat
    belt use programs.
      Sec. 4. Reporting Requirements. The Secretary of Transportation,
    in cooperation with the heads of executive branch agencies, and
    after consultation with the judicial and legislative branches of
    Government, shall submit an annual report to the President. The
    report shall include seat belt use rates and statistics of crashes,
    injuries, and related costs involving Federal employees on official
    business and occupants of motor vehicles driven in national park
    areas, on Defense installations, and on highways in Indian Country.
    The report also shall identify specific agency programs that have
    made significant progress towards achieving the goals of this order
    or are notable and deserving of recognition. All agencies of the
    executive branch shall provide information to, and otherwise
    cooperate with, the Secretary of Transportation to assist with the
    preparation of the annual report.
      Sec. 5. Other Powers and Duties. Nothing in this order shall be
    construed to impair or alter the powers and duties of the heads of
    the various Federal agencies pursuant to the Highway Safety Act of
    1966, 23 U.S.C. 402 and 403, as amended, section 19 of the
    Occupational Safety and Health Act of 1970, 29 U.S.C. 668, as
    amended, or sections 7901, 7902, and 7903 of title 5, United States
    Code, nor shall it be construed to affect any right, duty, or
    procedure under the National Labor Relations Act, 29 U.S.C. 151 et
    seq.
      Sec. 6. General Provisions. (a) Executive Order 12566 of
    September 26, 1986, is revoked. To the extent that this order is
    inconsistent with any provisions of any prior Executive order, this
    order shall control.
      (b) If any provision of this order or application of any such
    provision is held to be invalid, the remainder of this order and
    other applications of such provision shall not be affected.
      (c) Nothing in this order shall be construed to create a new
    cause of action against the United States, or to alter in any way
    the United States liability under the Federal Tort Claims Act, 28
    U.S.C. 2671-2680.
      (d) The Secretary of Defense shall implement the provisions of
    this order insofar as practicable for vehicles of the Department of
    Defense.
      (e) The Secretary of the Treasury and the Attorney General,
    consistent with their protective and law enforcement
    responsibilities, shall determine the extent to which the
    requirements of this order apply to the protective and law
    enforcement activities of their respective agencies.
                                                     William J. Clinton.

-FOOTNOTE-
    (!1) So in original. The word "and" probably should not appear.

    (!2) So in original. Probably should be followed by "and".


-End-



-CITE-
    23 USC Sec. 403                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 403. Highway safety research and development

-STATUTE-
      (a) Authority of the Secretary. - The Secretary is authorized to
    use funds appropriated to carry out this section to - 
        (1) conduct research on all phases of highway safety and
      traffic conditions, including accident causation, highway or
      driver characteristics, communications, and emergency care;
        (2) conduct ongoing research into driver behavior and its
      effect on traffic safety;
        (3) conduct research on, launch initiatives to counter, and
      conduct demonstration projects on fatigued driving by drivers of
      motor vehicles and distracted driving in such vehicles, including
      the effect that the use of electronic devices and other factors
      deemed relevant by the Secretary have on driving;
        (4) conduct training or education programs in cooperation with
      other Federal departments and agencies, States, private sector
      persons, highway safety personnel, and law enforcement personnel;
        (5) conduct research on, and evaluate the effectiveness of,
      traffic safety countermeasures, including seat belts and impaired
      driving initiatives;
        (6) conduct research on, evaluate, and develop best practices
      related to driver education programs (including driver education
      curricula, instructor training and certification, program
      administration and delivery mechanisms) and make recommendations
      for harmonizing driver education and multistage graduated
      licensing systems;
        (7) conduct research, training, and education programs related
      to older drivers;
        (8) conduct demonstration projects; and
        (9) conduct research, training, and programs relating to
      motorcycle safety, including impaired driving.

      (b) Drugs and Driver Behavior. - In addition to the research
    authorized by subsection (a), the Secretary, in consultation with
    other Government and private agencies as may be necessary, is
    authorized to carry out safety research on the following:
        (1) The relationship between the consumption and use of drugs
      and their effect upon highway safety and drivers of motor
      vehicles.
        (2) Driver behavior research, including the characteristics of
      driver performance, the relationships of mental and physical
      abilities or disabilities to the driving task, and the
      relationship of frequency of driver crash involvement to highway
      safety.
        (3) Measures that may deter drugged driving.
        (4) Programs to train law enforcement officers on motor vehicle
      pursuits conducted by the officers.
        (5) Technology to detect drug use and enable States to
      efficiently process toxicology evidence.
        (6) Research on the effects of illicit drugs and the compound
      effects of alcohol and illicit drugs on impairment.

      (c) The research authorized by subsections (a) and (b) of this
    section may be conducted by the Secretary through grants and
    contracts with public and private agencies, institutions, and
    individuals.
      (d) The Secretary may, where he deems it to be in furtherance of
    the purposes of section 402 of this title, vest in State or local
    agencies, on such terms and conditions as he deems appropriate,
    title to equipment purchased for demonstration projects with funds
    authorized by this section.
      (e) In addition to the research authorized by subsection (a) of
    this section, the Secretary shall, either independently or in
    cooperation with other Federal departments or agencies, conduct
    research into, and make grants to or contracts with State or local
    agencies, institutions, and individuals for projects to demonstrate
    the administrative adjudication of traffic infractions. Such
    administrative adjudication demonstration projects shall be
    designed to improve highway safety by developing fair, efficient,
    and effective processes and procedures for traffic infraction
    adjudication, utilizing appropriate punishment, training, and
    rehabilitative measures for traffic offenders. The Secretary shall
    report to Congress by July 1, 1975, and each year thereafter during
    the continuance of the program, on the research and demonstration
    projects authorized by this subsection, and shall include in such
    report a comparison of the fairness, efficiency, and effectiveness
    of administrative adjudication of traffic infractions with other
    methods of handling such infractions.
      (f) Collaborative Research and Development. - 
        (1) In general. - For the purpose of encouraging innovative
      solutions to highway safety problems, stimulating voluntary
      improvements in highway safety, and stimulating the marketing of
      new highway safety-related technology by private industry, the
      Secretary is authorized to undertake, on a cost-shared basis,
      collaborative research and development with non-Federal entities,
      including State and local governments, colleges, and universities
      and corporations, partnerships, sole proprietorships, and trade
      associations that are incorporated or established under the laws
      of any State or the United States. This collaborative research
      may include crash data collection and analysis; driver and
      pedestrian behavior; and demonstrations of technology.
        (2) Cooperative agreements. - In carrying out this subsection,
      the Secretary may enter into cooperative research and development
      agreements, as defined in section 12 of the Stevenson-Wydler
      Technology Innovation Act of 1980 (15 U.S.C. 3710a); except that
      in entering into such agreements, the Secretary may agree to
      provide not more than 50 percent of the cost of any research or
      development project selected by the Secretary under this
      subsection.
        (3) Project selection. - In selecting projects to be conducted
      under this subsection, the Secretary shall establish a procedure
      to consider the views of experts and the public concerning the
      project areas.
        (4) Applicability of stevenson-wydler technology innovation
      act. - The research, development, or utilization of any
      technology pursuant to an agreement under the provisions of this
      subsection, including the terms under which technology may be
      licensed and the resulting royalties may be distributed, shall be
      subject to the provisions of the Stevenson-Wydler Technology
      Innovation Act of 1980.

      (g) International Cooperation. - The Administrator of the
    National Highway Traffic Safety Administration may participate and
    cooperate in international activities to enhance highway safety.

-SOURCE-
    (Added Pub. L. 89-564, title I, Sec. 101, Sept. 9, 1966, 80 Stat.
    733; amended Pub. L. 93-87, title II, Secs. 208(a), 220-222,
    226(a), Aug. 13, 1973, 87 Stat. 286, 291, 292; Pub. L. 102-240,
    title II, Sec. 2003, Dec. 18, 1991, 105 Stat. 2071; Pub. L. 105-
    178, title II, Sec. 2002(a), (b)(1), June 9, 1998, 112 Stat. 325;
    Pub. L. 109-59, title II, Secs. 2003(a), (b), 2013(e), Aug. 10,
    2005, 119 Stat. 1522, 1540.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Stevenson-Wydler Technology Innovation Act of 1980, referred
    to in subsec. (f)(4), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat.
    2311, as amended, which is classified generally to chapter 63 (Sec.
    3701 et seq.) of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3701 of Title 15 and Tables.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-59, Sec. 2003(a), reenacted
    heading without change and amended text of subsec. (a) generally,
    substituting provisions relating to authority of Secretary to use
    funds for highway safety research programs for former provisions
    which related to, in par. (1), general authority of Secretary, in
    par. (2), additional authority of Secretary, and, in par. (3),
    definition of "safety".
      Subsec. (b)(5), (6). Pub. L. 109-59, Sec. 2013(e), added pars.
    (5) and (6).
      Subsec. (g). Pub. L. 109-59, Sec. 2003(b), added subsec. (g).
      1998 - Subsec. (a)(2)(A). Pub. L. 105-178, Sec. 2002(a), inserted
    ", including training in work zone safety management" after
    "personnel".
      Subsec. (b)(3), (4). Pub. L. 105-178, Sec. 2002(b)(1), added
    pars. (3) and (4).
      1991 - Subsec. (a). Pub. L. 102-240, Sec. 2003(a), added subsec.
    (a) and struck out former subsec. (a) which read as follows: "The
    Secretary is authorized to use funds appropriated to carry out this
    subsection to carry out safety research which he is authorized to
    conduct by subsection (a) of section 307 of this title. In
    addition, the Secretary may use the funds appropriated to carry out
    this section, either independently or in cooperation with other
    Federal departments or agencies, for making grants to or
    contracting with State or local agencies, institutions, and
    individuals for (1) training or education of highway safety
    personnel, (2) research fellowships in highway safety, (3)
    development of improved accident investigation procedures, (4)
    emergency service plans, (5) demonstration projects, and (6)
    related activities which the Secretary deems will promote the
    purposes of this section. The Secretary shall assure that no fees
    are charged for any meetings or services attendant thereto or other
    activities relating to training and education of highway safety
    personnel."
      Subsec. (b). Pub. L. 102-240, Sec. 2003(a), added subsec. (b) and
    struck out former subsec. (b) which read as follows: "In addition
    to the research authorized by subsection (a) of this section, the
    Secretary, in consultation with such other Government and private
    agencies as may be necessary, is authorized to carry out safety
    research on the following:
        "(1) The relationship between the consumption and use of drugs
      and their effect upon highway safety and drivers of motor
      vehicles; and
        "(2) Driver behavior research, including the characteristics of
      driver performance, the relationships of mental and physical
      abilities or disabilities to the driving task, and the
      relationship of frequency of driver accident involvement to
      highway safety."
      Subsec. (c). Pub. L. 102-240, Sec. 2003(c), substituted
    "subsections (a) and (b)" for "subsection (b)".
      Subsec. (f). Pub. L. 102-240, Sec. 2003(b), added subsec. (f) and
    struck out former subsec. (f) which read as follows: "In addition
    to the research authorized by subsection (a) of this section, the
    Secretary shall carry out research, development, and demonstration
    projects to improve and evaluate the effectiveness of various types
    of driver education programs in reducing traffic accidents and
    deaths, injuries, and property damage resulting therefrom. The
    research, development, and demonstration projects authorized by
    this subsection may be carried out by the Secretary through grants
    and contracts with public and private agencies, institutions, and
    individuals. The Secretary shall report to the Congress by July 1,
    1975, and each year thereafter during the continuance of the
    program, on the research, development, and demonstration projects
    authorized by this subsection, and shall include in such report an
    evaluation of the effectiveness of driver education programs in
    reducing traffic accidents and deaths, injuries, and property
    damage resulting therefrom."
      1973 - Subsec. (a). Pub. L. 93-87, Secs. 208(a), 220, designated
    existing provisions as subsec. (a); substituted in first sentence
    "this subsection" for "this section"; substituted in second
    sentence "for making grants to or contracting with State or local
    agencies, institutions, and individuals for (1) training or
    education of highway safety personnel" for "for (1) grants to State
    or local agencies, institutions, and individuals for training or
    education of highway safety personnel" and "(6) related activities
    which the Secretary deems will promote the purposes of this
    section" for (6) related activities which are deemed by the
    Secretary to be necessary to carry out the purposes of this
    section"; and inserted requirement that the Secretary assure that
    no fees be charged for any meeting or services attendant thereto or
    other activities relating to training and education of highway
    safety personnel.
      Subsecs. (b), (c). Pub. L. 93-87, Sec. 208(a), added subsecs. (b)
    and (c).
      Subsecs. (d) to (f). Pub. L. 93-87, Secs. 221, 222, 226(a), added
    subsecs. (d) to (f).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by section 2003(a), (b) of Pub. L. 109-59 effective
    Oct. 1, 2005, see section 2022 of Pub. L. 109-59, set out as a note
    under section 402 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240, except as otherwise provided,
    effective Dec. 18, 1991, and applicable to funds authorized to be
    appropriated or made available after Sept. 30, 1991, and not
    applicable to funds appropriated or made available on or before
    Dec. 18, 1991, see section 2008 of Pub. L. 102-240, set out as a
    note under section 402 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under subsec. (e) of this section is listed
    on page 134), see section 3003 of Pub. L. 104-66, as amended, set
    out as a note under section 1113 of Title 31, Money and Finance.

         RESEARCH ON DISTRACTED, INATTENTIVE, AND FATIGUED DRIVERS     
      Pub. L. 109-59, title II, Sec. 2003(d), Aug. 10, 2005, 119 Stat.
    1523, provided that: "In conducting research under section
    403(a)(3) of title 23, United States Code, the Secretary [of
    Transportation] shall carry out not less than 2 demonstration
    projects to evaluate new and innovative means of combating traffic
    system problems caused by distracted, inattentive, or fatigued
    drivers. The demonstration projects shall be in addition to any
    other research carried out under such section."

                     DRUG-IMPAIRED DRIVING ENFORCEMENT                 
      Pub. L. 109-59, title II, Sec. 2013, Aug. 10, 2005, 119 Stat.
    1539, provided that:
      "(a) Illicit Drug. - In this section, the term 'illicit drug'
    includes substances listed in schedules I through V of section
    112(e) [202(c)] of the Controlled Substances Act (21 U.S.C. 812)
    not obtained by a legal and valid prescription.
      "(b) Duties. - The Secretary [of Transportation] shall - 
        "(1) advise and coordinate with other Federal agencies on how
      to address the problem of driving under the influence of an
      illegal drug; and
        "(2) conduct research on the prevention, detection, and
      prosecution of driving under the influence of an illegal drug.
      "(c) Report. - 
        "(1) In general. - Not later than 18 months after the date of
      enactment of this Act [Aug. 10, 2005], the Secretary [of
      Transportation], in cooperation with the National Institutes of
      Health, shall submit to Congress a report on the problem of drug-
      impaired driving.
        "(2) Contents. - The report shall include, at a minimum, the
      following:
          "(A) An assessment of methodologies and technologies for
        measuring driver impairment resulting from use of the most
        common illicit drugs (including the use of such drugs in
        combination with alcohol).
          "(B) Effective and efficient methods for training law
        enforcement personnel, including drug recognition experts, to
        detect or measure the level of impairment of a driver who is
        under the influence of an illicit drug by the use of technology
        or otherwise.
          "(C) A description of the role of drugs as causal factor in
        traffic crashes and the extent of the problem of drug-impaired
        driving.
          "(D) A description and assessment of current State and
        Federal laws relating to drug-impaired driving.
          "(E) Recommendations for addressing the problem of drug-
        impaired driving, including recommendations on levels of
        impairment.
          "(F) Recommendations for developing a model statute relating
        to drug-impaired driving.
      "(d) Model Statute. - 
        "(1) In general. - The Secretary [of Transportation] shall
      develop a model statute for States relating to drug-impaired
      driving.
        "(2) Contents. - Based on recommendations and findings
      contained in the report submitted under subsection (c), the model
      statute may include - 
          "(A) threshold levels of impairment for illicit drugs;
          "(B) practicable methods for detecting the presence of
        illicit drugs; and
          "(C) penalties for drug impaired driving.
        "(3) Date. - The model statute shall be provided to States not
      later than 1 year after date of submission of the report under
      subsection (c).
      "(e) Research and Development. - [Amended section 403(b) of this
    title.]
      "(f) Funding. - Out of amounts made available to carry out
    section 403 of title 23, United States Code, for each of fiscal
    years 2006 through 2009, the Secretary [of Transportation] shall
    make available $1,200,000 for such fiscal year to carry out this
    section."

                              SAFETY STUDIES                          
      Pub. L. 105-178, title II, Sec. 2007, June 9, 1998, 112 Stat.
    336, provided that:
      "(a) Blowout Resistant Tires Study. - The Secretary shall conduct
    a study on the benefit to public safety of the use of blowout
    resistant tires on commercial motor vehicles and the potential to
    decrease the incidence of accidents and fatalities from accidents
    occurring as a result of blown out tires.
      "(b) School Bus Occupant Safety Study. - The Secretary shall
    conduct a study to assess occupant safety in school buses. The
    study shall examine available information about occupant safety and
    analyze options for improving occupant safety.
      "(c) Reports. - Not later than 2 years after the date of
    enactment of this Act [June 9, 1998], the Secretary shall transmit
    to Congress a report on the results of each study conducted under
    this section.
      "(d) Limitation on Funding. - The Secretary may not expend more
    than $200,000 from funds made available by section 403 of title 23,
    United States Code, for conducting each study under this section."

                       SCHOOL TRANSPORTATION SAFETY                   
      Pub. L. 105-178, title IV, Sec. 4030, June 9, 1998, 112 Stat.
    418, provided that:
      "(a) Study. - Not later than 3 months after the date of enactment
    of this Act [June 9, 1998], the Secretary shall offer to enter into
    an agreement with the Transportation Research Board of the National
    Academy of Sciences to conduct, subject to the availability of
    appropriations, a study of the safety issues attendant to the
    transportation of school children to and from school and school-
    related activities by various transportation modes.
      "(b) Terms of Agreement. - The agreement under subsection (a)
    shall provide that - 
        "(1) the Transportation Research Board, in conducting the
      study, shall consider - 
          "(A) in consultation with the National Transportation Safety
        Board, the Bureau of Transportation Statistics, and other
        relevant entities, available crash injury data;
          "(B) vehicle design and driver training requirements,
        routing, and operational factors that affect safety; and
          "(C) other factors that the Secretary considers to be
        appropriate;
        "(2) if the data referred to in paragraph (1)(A) is unavailable
      or insufficient, the Transportation Research Board shall
      recommend a new data collection regimen and implementation
      guidelines; and
        "(3) a panel shall conduct the study and shall include - 
          "(A) representatives of - 
            "(i) highway safety organizations;
            "(ii) school transportation;
            "(iii) mass transportation operators;
            "(iv) employee organizations; and
            "(v) bicycling organizations;
          "(B) academic and policy analysts; and
          "(C) other interested parties.
      "(c) Report. - Not later than 12 months after the Secretary
    enters into an agreement under subsection (a), the Secretary shall
    transmit to the Committee on Commerce, Science, and Transportation
    of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report that
    contains the results of the study.
      "(d) Authorization. - There are authorized to be appropriated to
    the Department of Transportation to carry out this section $200,000
    for fiscal year 2000 and $200,000 for fiscal year 2001. Such sums
    shall remain available until expended."

                 DRUG RECOGNITION EXPERT TRAINING PROGRAM             
      Section 2006 of Pub. L. 102-240 provided that:
      "(a) Establishment. - The Secretary, acting through the National
    Highway Traffic Safety Administration, shall establish a regional
    program for implementation of drug recognition programs and for
    training law enforcement officers (including enforcement officials
    under the motor carrier safety assistance program) to recognize and
    identify individuals who are operating a motor vehicle while under
    the influence of alcohol or one or more controlled substances or
    other drugs.
      "(b) Advisory Committee. - The Secretary shall establish a
    citizens advisory committee that shall report to Congress annually
    on the progress of the implementation of subsection (a). Members of
    the committee shall include 1 member of each of the following:
    Mothers Against Drunk Driving; a narcotics control organization;
    American Medical Association; American Bar Association; and such
    other organizations as the Secretary deems appropriate. The
    committee shall be subject to the provisions of the [Federal]
    Advisory Committee Act [5 U.S.C. App.] and shall terminate 2 years
    after the date of the enactment of this Act [Dec. 18, 1991].
      "(c) Authorization of Appropriations. - There is authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass
    Transit Account) to carry out this section $4,000,000 for each of
    fiscal years 1992 through 1997.
      "(d) Definition. - For purposes of this section, the term
    'controlled substance' means any controlled substance, as defined
    under section 102(6) of the Controlled Substances Act (21 U.S.C.
    802(6)), whose use the Secretary has determined poses a risk to
    transportation safety."

            PILOT PROGRAM FOR DRUG RECOGNITION EXPERT TRAINING        
      Pub. L. 100-690, title IX, Sec. 9004, Nov. 18, 1988, 102 Stat.
    4525, provided that:
      "(a) Establishment. - The Secretary of Transportation, acting
    through the National Highway Traffic Safety Administration, shall
    establish a 3-year pilot, regional program for training law
    enforcement officers to recognize and identify individuals who are
    operating a motor vehicle while under the influence of alcohol or 1
    or more controlled substances or other drugs.
      "(b) Report. - Not later than 1 year after the completion of the
    pilot program under this section, the Secretary of Transportation
    shall transmit to Congress a report on the effectiveness of such
    pilot program together with any recommendations.
      "(c) Authorization of Appropriations. - There is authorized to be
    appropriated to carry out this section $5,000,000 for fiscal year
    1989, $7,000,000 for fiscal year 1990, and $9,000,000 for fiscal
    year 1991. Such sums shall remain available until expended."

        PILOT GRANT PROGRAM FOR RANDOM TESTING FOR ILLEGAL DRUG USE    
      Pub. L. 100-690, title IX, Sec. 9005, Nov. 18, 1988, 102 Stat.
    4526, provided that:
      "(a) Establishment of Pilot Program. - The Secretary shall
    design, within 9 months after the date of the enactment of this Act
    [Nov. 18, 1988], and implement, within 15 months after the date of
    the enactment of this Act, a pilot State grant program for the
    purpose of testing individuals described in subsection (e)(1) to
    determine whether such individuals have used, without lawful
    authorization, a controlled substance.
      "(b) State Participation. - The Secretary shall solicit the
    participation of States from those States interested in
    participating in such a program not more than 4 States to
    participate in the program.
      "(c) State Selection Process. - The Secretary shall ensure that
    the selection made pursuant to this section is representative of
    varying geographical and population characteristics of the Nation,
    and takes into consideration the historical geographical incidence
    of motor vehicle accidents involving loss of human life. In
    selecting the States for participation, the Secretary shall attempt
    to solicit States which meet the following criteria:
        "(1) One of the States shall be a western State which is one of
      the 3 most populous States, with numerous large cities, with at
      least one city exceeding 7,000,000 people. The State should have
      a diverse demographic population with larger than average drug
      use according to reliable surveys.
        "(2) One of the remaining States should be a southern State,
      one a northeastern State, and one a central State.
        "(3) One of the remaining States should be mainly rural and
      among the least populous States.
        "(4) One of the remaining States should have less than average
      drug use according to reliable surveys.
      "(d) Length of Program. - The pilot program authorized by this
    section shall continue for a period of 1 year. The Secretary shall
    consider alternative methodologies for implementing a system of
    random testing of such individuals.
      "(e) Requirements for State Participation. - 
        "(1) Persons to be tested. - Each State participating in the
      test program shall test for controlled substances in accordance
      with paragraph (2) individuals who - 
          "(A) are applicants seeking the privilege to drive, and
          "(B) have never been issued a driver's license by any State.
        "(2) Types of testing. - To deter drug use and promote highway
      safety, all individuals described in paragraph (1) shall be
      subject to random testing - 
          "(A) prior to issuance of driver's licenses, and
          "(B) during the first year following the date of issuance of
        such licenses.
        "(3) Denial of driving privileges. - Each State participating
      in the test program shall deny an individual driving privileges
      if drug testing required by paragraph (1) indicates that such
      individual has used illicit drugs, with such denial lasting for a
      period of at least 1 year following such test or subsequent
      confirmatory test.
        "(4) Reinstitution of driving privileges. - The program
      described in paragraph (3) may allow for reinstitution of driving
      privileges after a period of 3 months if such reinstitution is
      accompanied by a requirement that the individual be available for
      a period of 9 months for drug testing on a regular basis. If any
      such test indicates that the individual has used illicit drugs,
      then driving privileges must be denied for 1 year following such
      test or confirmatory test.
      "(f) Regulations. - The Secretary may issue regulations to assist
    States in implementing the programs described in subsection (e) and
    to grant temporary exceptions in appropriate circumstances.
      "(g) Report. - Not later than 30 months after the date of the
    enactment of this Act [Nov. 18, 1988], the Secretary shall prepare
    and transmit to Congress a comprehensive report setting forth the
    results of the pilot program conducted under this section. Such
    report shall include any recommendations of the Secretary
    concerning the desirability and implementation of a system for
    random testing of such operators of motor vehicles.
      "(h) Authorization of Appropriations. - For purposes of carrying
    out this test program, there is authorized to be appropriated
    $5,000,000 for fiscal year 1990.
      "(i) Definitions. - For purposes of this section - 
        "(1) Controlled substance. - The term 'controlled substance'
      means any controlled substance as defined under section 102(6) of
      the Controlled Substance Act (21 U.S.C. 802(6)) whose use the
      Secretary has determined poses a risk to transportation safety.
        "(2) Secretary. - The term 'Secretary' means the Secretary of
      Transportation.
        "(3) State. - The term 'State' has the meaning such term has
      when used in chapter 1 of title 23, United States Code."

                 DRUG AND HIGHWAY SAFETY STUDY AND REPORT             
      Pub. L. 99-570, title III, Sec. 3402, Oct. 27, 1986, 100 Stat.
    3207-102, directed Secretary of Transportation to conduct a study
    to determine relationship between usage of controlled substances
    and highway safety and, not later than one year after Oct. 27,
    1986, submit to Congress a report on results of study.

                      NATIONAL DRIVER REGISTER STUDY                  
      Pub. L. 95-599, title II, Sec. 204, Nov. 6, 1978, 92 Stat. 2729,
    directed Secretary of Transportation to make a full and complete
    investigation and study of the need for, and, if necessary, ways
    and means to establish, a national driver register to assist States
    in electronically exchanging information regarding motor vehicle
    driving records of certain individuals, with Secretary to issue a
    final report to Congress not later than one year after Nov. 6,
    1978.

        DETECTION AND PREVENTION OF MARIJUANA AND OTHER DRUG USE BY
                        OPERATORS OF MOTOR VEHICLES
      Pub. L. 95-599, title II, Sec. 212, Nov. 6, 1978, 92 Stat. 2734,
    directed Secretary to report to Congress not later than Dec. 31,
    1979, concerning the progress of efforts to detect and prevent
    marijuana and drug use by motor vehicle operators, capabilities of
    law enforcement officials to detect the use of marijuana and drugs
    by motor vehicle operators, and a description of Federal and State
    projects undertaken into methods of detection and prevention.

     FORM AND USE OF REPORTS OF HIGHWAY TRAFFIC ACCIDENTS OR RESEARCH
                 PROJECTS IN COURT; AVAILABILITY TO PUBLIC
      Pub. L. 89-564, title I, Sec. 106, Sept. 9, 1966, 80 Stat. 735,
    as amended by Pub. L. 105-178, title V, Sec. 5119(f), June 9, 1998,
    112 Stat. 452, provided that: "All facts contained in any report of
    any Federal department or agency or any officer, employee, or agent
    thereof, relating to any highway traffic accident or the
    investigation thereof conducted pursuant to chapter 4 of title 23
    of the United States Code shall be available for use in any civil,
    criminal, or other judicial proceeding arising out of such
    accident, and any such officer, employee, or agent may be required
    to testify in such proceedings as to the facts developed in such
    investigation. Any such report shall be made available to the
    public in a manner which does not identify individuals. All
    completed reports on research projects, demonstration projects, and
    other related activities conducted under section 403 and chapter 5
    of title 23, United States Code, shall be made available to the
    public in a manner which does not identify individuals."

                       APPROPRIATIONS AUTHORIZATIONS                   
      Section 208(b) of Pub. L. 93-87 provided that: "There is
    authorized to be appropriated to carry out the amendments made by
    this section [amending this section] by the National Highway
    Traffic Safety Administration, out of the Highway Trust Fund, the
    sum of $10,000,000 per fiscal year for each of the fiscal years
    ending June 30, 1974, June 30, 1975, and June 30, 1976."
      Section 226(b) of Pub. L. 93-87 provided that: "For the purpose
    of carrying out the amendment made by subsection (a) of this
    section [amending this section], there is authorized to be
    appropriated $10,000,000 out of the Highway Trust Fund."

                AUTHORIZATION OF ADDITIONAL APPROPRIATIONS            
      Authorization of appropriation of additional sum of $10,000,000
    for the fiscal year ending June 30, 1967, $20,000,000 for the
    fiscal year ending June 30, 1968, and $25,000,000 for the fiscal
    year ending June 30, 1969, for the purpose of carrying out this
    section and section 307(a) of this title, see section 105 of Pub.
    L. 89-564, set out as a note under section 307 of this title.

-End-



-CITE-
    23 USC Sec. 404                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 404. National Highway Safety Advisory Committee

-STATUTE-
      (a)(1) There is established in the Department of Transportation a
    National Highway Safety Advisory Committee, composed of the
    Secretary or an officer of the Department appointed by him, the
    Federal Highway Administrator, the National Highway Traffic Safety
    Administrator, and thirty-five members appointed by the President,
    no more than four of whom shall be Federal officers or employees.
    The Secretary shall select the Chairman of the Committee from among
    the Committee members. The appointed members, having due regard for
    the purposes of this chapter, shall be selected from among
    representatives of various State and local governments, including
    State legislatures, of public and private interests contributing
    to, affected by, or concerned with highway safety, including the
    national organizations of passenger car, bus, and truck owners, and
    of other public and private agencies, organizations, or groups
    demonstrating an active interest in highway safety, as well as
    research scientists and other individuals who are expert in this
    field.
      (2)(A) Each member appointed by the President shall hold office
    for a term of three years, except that (i) any member appointed to
    fill a vacancy occurring prior to the expiration of the term for
    which his predecessor was appointed shall be appointed for the
    remainder of such term, and (ii) the terms of office of members
    first taking office after the date of enactment of this section
    shall expire as follows: Twelve at the end of one year after the
    date such committee members are appointed by the President, twelve
    at the end of two years after the date such committee members are
    appointed by the President, and eleven at the end of three years
    after the date such committee members are appointed, as designated
    by the President at the time of appointment, and (iii) the term of
    any member shall be extended until the date on which the
    successor's appointment is effective. None of the members appointed
    by the President who has served a three-year term, other than
    Federal officers or employees, shall be eligible for reappointment
    within one year following the end of his preceding term.
      (B) Members of the Committee who are not officers or employees of
    the United States shall, while attending meetings or conferences of
    such Committee or otherwise engaged in the business of such
    Committee, be entitled to receive compensation at a rate fixed by
    the Secretary, but not exceeding $100 per diem, including
    traveltime, and while away from their homes or regular places of
    business they may be allowed travel expenses, including per diem in
    lieu of subsistence, as authorized in section 5 of the
    Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in
    the Government service employed intermittently. Payments under this
    section shall not render members of the Committee employees or
    officials of the United States for any purpose.
      (b) The National Highway Safety Advisory Committee shall advise,
    consult with, and make recommendations to, the Secretary on matters
    relating to the activities and functions of the Department in the
    field of highway safety. The Committee is authorized (1) to review
    research projects or programs submitted to or recommended by it in
    the field of highway safety and recommend to the Secretary, for
    prosecution under this title, any such projects which it believes
    show promise of making valuable contributions to human knowledge
    with respect to the cause and prevention of highway accidents; and
    (2) to review, prior to issuance, standards proposed to be issued
    by order of the Secretary under the provisions of section 402(a) of
    this title and to make recommendations thereon. Such
    recommendations shall be published in connection with the
    Secretary's determination or order.
      (c) The National Highway Safety Advisory Committee shall meet
    from time to time as the Secretary shall direct, but at least once
    each year.
      (d) The Secretary shall provide to the National Highway Safety
    Committee from among the personnel and facilities of the Department
    of Transportation such staff and facilities as are necessary to
    carry out the functions of such Committee.

-SOURCE-
    (Added Pub. L. 89-564, title I, Sec. 101, Sept. 9, 1966, 80 Stat.
    733; amended Pub. L. 90-150, Nov. 24, 1967, 81 Stat. 507; Pub. L.
    93-87, title II, Sec. 223, Aug. 13, 1973, 87 Stat. 292; Pub. L. 94-
    280, title II, Sec. 209, May 5, 1976, 90 Stat. 455; Pub. L. 109-
    59, title II, Sec. 2019, Aug. 10, 2005, 119 Stat. 1543.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsec.
    (a)(2)(A), is Sept. 9, 1966.
      Section 5 of the Administrative Expenses Act of 1946 (5 U.S.C.
    73b-2), referred to in subsec. (a)(2)(B), was repealed by Pub. L.
    89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632. Section 7(b) of
    Pub. L. 89-554 provided that references to sections of former Title
    5, Executive Departments and Government Officers and Employees, are
    to be deemed to be references to corresponding provisions of Title
    5, Government Organization and Employees. Provisions similar to
    section 73b-2 of former title 5 are now contained in section 5703
    of Title 5, Government Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (d). Pub. L. 109-59 substituted "Transportation"
    for "Commerce".
      1976 - Subsec. (a)(1). Pub. L. 94-280 substituted provision for
    selection by the Secretary of the Chairman of the Committee from
    among the Committee members for prior provision making the
    Secretary or an officer of the Department appointed by him the
    Chairman of the Committee.
      1973 - Subsec. (a)(1). Pub. L. 93-87 added the National Highway
    Traffic Safety Administrator to the membership of the National
    Highway Safety Advisory Committee.
      1967 - Subsec. (a)(1). Pub. L. 90-150, Sec. 1(1), substituted
    "Department of Transportation" for "Department of Commerce",
    increased number of Committee appointees from twenty-nine to thirty-
    five, and provided for selection of members from representatives
    of national organizations of passenger car, bus, and truck owners.
      Subsec. (a)(2)(A). Pub. L. 90-150, Sec. 1(2), substituted
    provisions for expirations of term of office of initial appointees
    one, two, and three years after date of appointment for twelve,
    twelve, and eleven members, respectively, for former provisions for
    such expiration one, two, and three years following enactment date
    of Sept. 9, 1966, for ten, ten, and nine members, respectively, and
    prohibited reappointment within one year after end of preceding
    term of member serving a three-year term of office.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided for by law. See
    section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out
    in the Appendix to Title 5, Government Organization and Employees.

-End-



-CITE-
    23 USC Sec. 405                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 405. Occupant protection incentive grants

-STATUTE-
      (a) General Authority. - 
        (1) Authority to make grants. - Subject to the requirements of
      this section, the Secretary shall make grants under this section
      to States that adopt and implement effective programs to reduce
      highway deaths and injuries resulting from individuals riding
      unrestrained or improperly restrained in motor vehicles. Such
      grants may be used by recipient States only to implement and
      enforce, as appropriate, such programs.
        (2) Maintenance of effort. - No grant may be made to a State
      under this section in any fiscal year unless the State enters
      into such agreements with the Secretary as the Secretary may
      require to ensure that the State will maintain its aggregate
      expenditures from all other sources for programs described in
      paragraph (1) at or above the average level of such expenditures
      in its 2 fiscal years preceding the date of enactment of the
      SAFETEA-LU.
        (3) Maximum period of eligibility. - No State may receive
      grants under this section in more than 6 fiscal years beginning
      after September 30, 2003.
        (4) Federal share. - The Federal share of the cost of
      implementing and enforcing, as appropriate, in a fiscal year a
      program adopted by a State pursuant to paragraph (1) shall not
      exceed - 
          (A) in each of the first and second fiscal years beginning
        after September 30, 2003, in which the State receives a grant
        under this section, 75 percent;
          (B) in each of the third and fourth fiscal years beginning
        after September 30, 2003, in which the State receives a grant
        under this section, 50 percent; and
          (C) in each of the fifth and sixth fiscal years beginning
        after September 30, 2003, in which the State receives a grant
        under this section, 25 percent.

      (b) Grant Eligibility. - A State shall become eligible for a
    grant under this section by adopting or demonstrating to the
    satisfaction of the Secretary at least 4 of the following:
        (1) Safety belt use law. - The State has in effect a safety
      belt use law that makes unlawful throughout the State the
      operation of a passenger motor vehicle whenever an individual
      (other than a child who is secured in a child restraint system)
      in the front seat of the vehicle (and, beginning in fiscal year
      2001, in any seat in the vehicle) does not have a safety belt
      properly secured about the individual's body.
        (2) Primary safety belt use law. - The State provides for
      primary enforcement of the safety belt use law of the State.
        (3) Minimum fine or penalty points. - The State imposes a
      minimum fine or provides for the imposition of penalty points
      against the driver's license of an individual - 
          (A) for a violation of the safety belt use law of the State;
        and
          (B) for a violation of the child passenger protection law of
        the State.

        (4) Special traffic enforcement program. - The State has
      implemented a statewide special traffic enforcement program for
      occupant protection that emphasizes publicity for the program.
        (5) Child passenger protection education program. - The State
      has implemented a statewide comprehensive child passenger
      protection education program that includes education programs
      about proper seating positions for children in air bag equipped
      motor vehicles and instruction on how to reduce the improper use
      of child restraint systems.
        (6) Child passenger protection law. - The State has in effect a
      law that requires minors who are riding in a passenger motor
      vehicle to be properly secured in a child safety seat or other
      appropriate restraint system.

      (c) Grant Amounts. - The amount of a grant for which a State
    qualifies under this section for a fiscal year shall equal up to
    100 percent of the amount apportioned to the State for fiscal year
    2003 under section 402.
      [(d) Repealed. Pub. L. 109-59, title II, Sec. 2002(e), Aug. 10,
    2005, 119 Stat. 1522.]
      (e) Applicability of Chapter 1. - The provisions contained in
    section 402(d) shall apply to this section.
      (f) Definitions. - In this section, the following definitions
    apply:
        (1) Child safety seat. - The term "child safety seat" means any
      device (except safety belts) designed for use in a motor vehicle
      to restrain, seat, or position a child who weighs 50 pounds or
      less.
        (2) Motor vehicle. - The term "motor vehicle" means a vehicle
      driven or drawn by mechanical power and manufactured primarily
      for use on public streets, roads, and highways, but does not
      include a vehicle operated only on a rail line.
        (3) Multipurpose passenger vehicle. - The term "multipurpose
      passenger vehicle" means a motor vehicle with motive power
      (except a trailer), designed to carry not more than 10
      individuals, that is constructed either on a truck chassis or
      with special features for occasional off-road operation.
        (4) Passenger car. - The term "passenger car" means a motor
      vehicle with motive power (except a multipurpose passenger
      vehicle, motorcycle, or trailer) designed to carry not more than
      10 individuals.
        (5) Passenger motor vehicle. - The term "passenger motor
      vehicle" means a passenger car or a multipurpose passenger motor
      vehicle.
        (6) Safety belt. - The term "safety belt" means - 
          (A) with respect to open-body passenger vehicles, including
        convertibles, an occupant restraint system consisting of a lap
        belt or a lap belt and a detachable shoulder belt; and
          (B) with respect to other passenger vehicles, an occupant
        restraint system consisting of integrated lap and shoulder
        belts.

-SOURCE-
    (Added Pub. L. 105-178, title II, Sec. 2003(a)(1), June 9, 1998,
    112 Stat. 325; amended Pub. L. 109-59, title II, Secs. 2002(e),
    2004, Aug. 10, 2005, 119 Stat. 1522, 1524.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the SAFETEA-LU, referred to in subsec.
    (a)(2), is the date of enactment of Pub. L. 109-59, which was
    approved Aug. 10, 2005.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 405, added Pub. L. 93-87, title II, Sec. 230(a),
    Aug. 13, 1973, 87 Stat. 293; amended Pub. L. 93-643, Sec. 121, Jan.
    4, 1975, 88 Stat. 2289, related to the Federal-aid safer roads
    demonstration program, prior to repeal by Pub. L. 94-280, title I,
    Sec. 135(c), May 5, 1976, 90 Stat. 442.

                                AMENDMENTS                            
      2005 - Subsec. (a)(2). Pub. L. 109-59, Sec. 2004(a)(1),
    substituted "SAFETEA-LU" for "Transportation Equity Act for the
    21st Century".
      Subsec. (a)(3). Pub. L. 109-59, Sec. 2004(a)(2), substituted
    "2003" for "1997".
      Subsec. (a)(4). Pub. L. 109-59, Sec. 2004(a)(3), inserted
    "beginning after September 30, 2003," after "years" in subpars. (A)
    to (C).
      Subsec. (c). Pub. L. 109-59, Sec. 2004(c), substituted "100
    percent" for "25 percent" and "2003" for "1997".
      Subsec. (d). Pub. L. 109-59, Sec. 2002(e), struck out heading 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."

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-59 effective Oct. 1, 2005, see section
    2022 of Pub. L. 109-59, set out as a note under section 402 of this
    title.

           CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTS       
      Pub. L. 109-59, title II, Sec. 2011, Aug. 10, 2005, 119 Stat.
    1538, provided that:
      "(a) General Authority. - Subject to the requirements of this
    section, the Secretary [of Transportation] shall make grants to
    States that are enforcing a law requiring that any child riding in
    a passenger motor vehicle in the State who is too large to be
    secured in a child safety seat be secured in a child restraint that
    meets the requirements prescribed by the Secretary under section 3
    of Anton's Law [Pub. L. 107-318] (49 U.S.C. 30127 note; 116 Stat.
    2772).
      "(b) Maintenance of Effort. - No grant may be made to a State
    under this section in a fiscal year unless the State enters into
    such agreements with the Secretary [of Transportation] as the
    Secretary may require to ensure that the State will maintain its
    aggregate expenditures from all other sources for child safety seat
    and child restraint programs at or above the average level of such
    expenditures in its 2 fiscal years preceding the date of enactment
    of this Act [Aug. 10, 2005].
      "(c) Federal Share. - The Federal share of the costs of
    activities funded using amounts from grants under this section
    shall not exceed - 
        "(1) for the first 3 fiscal years for which a State receives a
      grant under this section, 75 percent; and
        "(2) for the fourth fiscal year for which a State receives a
      grant under this section, 50 percent.
      "(d) Use of Grant Amounts. - 
        "(1) Allocations. - Of the amounts received by a State in
      grants under this section for a fiscal year not more than 50
      percent shall be used to fund programs for purchasing and
      distributing child safety seats and child restraints to low-
      income families.
        "(2) Remaining amounts. - Amounts received by a State in grants
      under this section, other than amounts subject to paragraph (1),
      shall be used to carry out child safety seat and child restraint
      programs, including the following:
          "(A) A program to support enforcement of child restraint
        laws.
          "(B) A program to train child passenger safety professionals,
        police officers, fire and emergency medical personnel,
        educators, and parents concerning all aspects of the use of
        child safety seats and child restraints.
          "(C) A program to educate the public concerning the proper
        use and installation of child safety seats and child
        restraints.
      "(e) Grant Amount. - The amount of a grant to a State for a
    fiscal year under this section may not exceed 25 percent of the
    amount apportioned to the State for fiscal year 2003 under section
    402 of title 23, United States Code.
      "(f) Applicability of Chapter 1. - The provisions contained in
    section 402(d) of such title shall apply to this section.
      "(g) Report. - A State that receives a grant under this section
    shall transmit to the Secretary [of Transportation] a report
    documenting the manner in which the grant amounts were obligated
    and expended and identifying the specific programs carried out
    using the grant funds. The report shall be in a form prescribed by
    the Secretary and may be combined with other State grant reporting
    requirements under of [sic] chapter 4 of title 23, United States
    Code.
      "(h) Definitions. - In this section, the following definitions
    apply:
        "(1) Child restraint. - The term 'child restraint' means any
      product designed to provide restraint to a child (including
      booster seats and other products used with a lap and shoulder
      belt assembly) that meets applicable Federal motor vehicle safety
      standards prescribed by the National Highway Traffic Safety
      Administration.
        "(2) Child safety seat. - The term 'child safety seat' has the
      meaning such term has in section 405(f) of title 23, United
      States Code.
        "(3) Passenger motor vehicle. - The term 'passenger motor
      vehicle' has the meaning such term has in section 405(f) of such
      title.
        "(4) State. - The term 'State' has the meaning such term has in
      section 101(a) of such title."

                CHILD PASSENGER PROTECTION EDUCATION GRANTS            
      Pub. L. 105-178, title II, Sec. 2003(b), June 9, 1998, 112 Stat.
    327, provided that:
      "(1) In general. - The Secretary may make a grant to a State that
    submits an application, in such form and manner as the Secretary
    may prescribe, that is approved by the Secretary to carry out the
    activities specified in paragraph (2) through - 
        "(A) the child passenger protection program of the State; and
        "(B) at the option of the State, a grant program established by
      the State to carry out 1 or more of the activities specified in
      paragraph (2) by a political subdivision of the State or an
      appropriate private entity.
      "(2) Use of funds. - Funds provided to a State as a grant under
    this subsection shall be used to implement child passenger
    protection programs that - 
        "(A) are designed to prevent deaths and injuries to children;
        "(B) educate the public concerning - 
          "(i) all aspects of the proper installation of child
        restraints using standard seatbelt hardware, supplemental
        hardware, and modification devices (if needed), including
        special installation techniques;
          "(ii) appropriate child restraint design, selection, and
        placement; and
          "(iii) harness threading and harness adjustment on child
        restraints; and
        "(C) train and retrain child passenger safety professionals,
      police officers, fire and emergency medical personnel, and other
      educators concerning all aspects of child restraint use.
      "(3) Grant awards. - The Secretary may make a grant under this
    subsection without regard to whether a State is eligible to
    receive, or has received, a grant under section 405 of title 23,
    United States Code (as inserted by subsection (a) of this section).
      "(4) Federal share. - The Federal share of the cost of a program
    carried out using funds made available from a grant under this
    subsection may not exceed 80 percent.
      "(5) Report. - Each State that receives a grant under this
    subsection shall transmit to the Secretary a report for the period
    covered by the grant that, at a minimum, describes the program
    activities carried out with the funds made available under the
    grant.
      "(6) Report to congress. - Not later than June 1, 2002, the
    Secretary shall transmit to Congress a report on the implementation
    of this subsection that includes a description of the programs
    carried out and materials developed and distributed by the States
    that receive grants under this subsection.
      "(7) Authorization of appropriations. - There is authorized to be
    appropriated to carry out this subsection $7,500,000 for each of
    fiscal years 2000 and 2001."

-End-



-CITE-
    23 USC Sec. 406                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 406. Safety belt performance grants

-STATUTE-
      (a) In General. - The Secretary shall make grants to States in
    accordance with the provisions of this section to encourage the
    enactment and enforcement of laws requiring the use of safety belts
    in passenger motor vehicles.
      (b) Grants for Enacting Primary Safety Belt Use Laws. - 
        (1) In general. - The Secretary shall make a single grant to
      each State that either - 
          (A) enacts for the first time after December 31, 2002, and
        has in effect and is enforcing a conforming primary safety belt
        use law for all passenger motor vehicles; or
          (B) in the case of a State that does not have such a primary
        safety belt use law, has after December 31, 2005, a State
        safety belt use rate of 85 percent or more for each of the 2
        calendar years immediately preceding the fiscal year of a
        grant, as measured under criteria determined by the Secretary.

        (2) Amount. - The amount of a grant available to a State in
      fiscal year 2006 or in a subsequent fiscal year under paragraph
      (1) shall equal 475 percent of the amount apportioned to the
      State under section 402(c) for fiscal year 2003.
        (3) July 1 cut-off. - For the purpose of determining the
      eligibility of a State for a grant under paragraph (1)(A), a
      conforming primary safety belt use law enacted after June 30th of
      any year shall - 
          (A) not be considered to have been enacted in the Federal
        fiscal year in which that June 30th falls; but
          (B) be considered as if it were enacted after October 1 of
        the next Federal fiscal year.

        (4) Shortfall. - If the total amount of grants provided for by
      this subsection for a fiscal year exceeds the amount of funds
      available for such grants for that fiscal year, the Secretary
      shall make grants under this subsection to States in the order in
      which - 
          (A) the conforming primary safety belt use law came into
        effect; or
          (B) the State's safety belt use rate was 85 percent or more
        for 2 consecutive calendar years (as measured under by criteria
        determined by the Secretary), whichever first occurs.

        (5) Catch-up grants. - The Secretary shall make a grant to any
      State eligible for a grant under this subsection that did not
      receive a grant for a fiscal year because of the application of
      paragraph (4), in the next fiscal year if the State's conforming
      primary safety belt use law remains in effect or its safety belt
      use rate is 85 percent or more for the 2 consecutive calendar
      years preceding such next fiscal year (subject to the condition
      in paragraph (4)).

      (c) Grants for Pre-2003 Laws. - 
        (1) In general. - To the extent that amounts made available for
      grants under this section for any of fiscal years 2006 through
      2009 exceed the total amount of grants to be awarded under
      subsection (b) for the fiscal year, including amounts to be
      awarded for catch-up grants under subsection (b)(5), the
      Secretary shall make a single grant to each State that enacted,
      has in effect, and is enforcing a conforming primary safety belt
      use law for all passenger motor vehicles that was in effect
      before January 1, 2003.
        (2) Amount; installments. - The amount of a grant available to
      a State under this subsection shall be equal to 200 percent of
      the amount of funds apportioned to the State under section 402(c)
      for fiscal year 2003. The Secretary may award the grant in annual
      installments.

      (d) Allocation of Unallocated Funds. - 
        (1) Additional grants. - The Secretary shall make additional
      grants under this section of any amounts made available for
      grants under this section that, on July 1, 2009, have not been
      allocated to States under this section.
        (2) Allocation. - The additional grants made under this
      subsection shall be allocated among all States that, as of that
      date, have enacted, have in effect, and are enforcing conforming
      primary safety belt laws for all passenger motor vehicles. The
      allocations shall be made in accordance with the formula for
      apportioning funds among the States under section 402(c).

      (e) Use of Grant Funds. - 
        (1) In general. - Subject to paragraph (2), a State may use a
      grant under this section for any safety purpose under this title
      or for any project that corrects or improves a hazardous roadway
      location or feature or proactively addresses highway safety
      problems, including - 
          (A) intersection improvements;
          (B) pavement and shoulder widening;
          (C) installation of rumble strips and other warning devices;
          (D) improving skid resistance;
          (E) improvements for pedestrian or bicyclist safety;
          (F) railway-highway crossing safety;
          (G) traffic calming;
          (H) the elimination of roadside obstacles;
          (I) improving highway signage and pavement marking;
          (J) installing priority control systems for emergency
        vehicles at signalized intersections;
          (K) installing traffic control or warning devices at
        locations with high accident potential;
          (L) safety-conscious planning; and
          (M) improving crash data collection and analysis.

        (2) Safety activity requirement. - Notwithstanding paragraph
      (1), the Secretary shall ensure that at least $1,000,000 of
      amounts received by States under this section are obligated for
      safety activities under this chapter.
        (3) Support activity. - The Secretary or his designee may
      engage in activities with States and State legislators to
      consider proposals related to safety belt use laws.

      (f) Carry-Forward of Excess Funds. - If the amount available for
    grants under this section for any fiscal year exceeds the sum of
    the grants made under this section for that fiscal year, the excess
    amount and obligational authority shall be carried forward and made
    available for grants under this section in the succeeding fiscal
    year.
      (g) Federal Share. - The Federal share payable for grants under
    this section shall be 100 percent.
      (h) Passenger Motor Vehicle Defined. - In this section, the term
    "passenger motor vehicle" means - 
        (1) a passenger car;
        (2) a pickup truck; and
        (3) a van, minivan, or sport utility vehicle with a gross
      vehicle weight rating of less than 10,000 pounds.

-SOURCE-
    (Added Pub. L. 93-643, Sec. 126(a), Jan. 4, 1975, 88 Stat. 2291;
    amended Pub. L. 94-280, title II, Sec. 205, May 5, 1976, 90 Stat.
    453; Pub. L. 95-599, title I, Sec. 129(g), Nov. 6, 1978, 92 Stat.
    2708; Pub. L. 109-59, title II, Sec. 2005(a), Aug. 10, 2005, 119
    Stat. 1524.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 amended section catchline and text
    generally, substituting provisions relating to safety belt
    performance grants for provisions relating to school bus driver
    training.
      1978 - Subsec. (c). Pub. L. 95-599 substituted "section shall not
    exceed 75 per centum" for "title shall not exceed 70 per centum".
      1976 - Subsecs. (b), (c). Pub. L. 94-280 redesignated as subsec.
    (c) the authorization provisions previously set out as a second
    subsec. (b), provided for obligation of at least $7,000,000 for
    fiscal years 1977 and 1978 to carry out this section, and provided
    for availability of funds for obligation in the same manner and to
    the same extent as if the funds were apportioned under section
    402(c) of this title.

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-59 effective Oct. 1, 2005, see section
    2022 of Pub. L. 109-59, set out as a note under section 402 of this
    title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment Pub. L. 95-599 effective with respect to obligations
    incurred after Nov. 6, 1978, see section 129(h) of Pub. L. 95-599,
    set out as a note under section 120 of this title.

-End-



-CITE-
    23 USC Sec. 407                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 407. Innovative project grants

-STATUTE-
      (a) In addition to other grants authorized by this chapter, the
    Secretary may make grants in any fiscal year to those States,
    political subdivisions thereof, and nonprofit organizations which
    develop innovative approaches to highway safety problems in
    accordance with criteria to be established by the Secretary in
    cooperation with the States, political subdivisions thereof, and
    such nonprofit organizations as the Secretary deems appropriate.
      (b) The Secretary shall establish a procedure for the selection
    of grant applications submitted under this section. In developing
    such procedure, the Secretary shall consult with the States and
    political subdivisions thereof, appropriate Federal departments and
    agencies, and such other public and nonprofit organizations as the
    Secretary deems appropriate.
      (c) Any State, political subdivision thereof, and nonprofit
    organization may make an application under this section to carry
    out an innovative project described in subsection (a) of this
    section. Such application shall be in such form and contain such
    information as the Secretary, by regulation, prescribes.
      (d) Not to exceed 2 per centum of the funds authorized to be
    appropriated to carry out this section shall be available to the
    Secretary for the necessary costs of administering the provisions
    of this section.
      (e) The Secretary shall submit an annual report to the Congress
    which provides a description of each application received for a
    grant under this section and an evaluation of innovative projects
    carried out with grants made under this section.

-SOURCE-
    (Added Pub. L. 95-599, title II, Sec. 208(a), Nov. 6, 1978, 92
    Stat. 2732.)


-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of reporting provisions
    in subsec. (e) of this section, see section 3003 of Pub. L. 104-66,
    as amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and page 31 of House Document No. 103-7.

-End-



-CITE-
    23 USC Sec. 408                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 408. State traffic safety information system improvements

-STATUTE-
      (a) Grant Authority. - Subject to the requirements of this
    section, the Secretary shall make grants to eligible States to
    support the development and implementation of effective programs by
    such States to - 
        (1) improve the timeliness, accuracy, completeness, uniformity,
      integration, and accessibility of the safety data of the State
      that is needed to identify priorities for national, State, and
      local highway and traffic safety programs;
        (2) evaluate the effectiveness of efforts to make such
      improvements;
        (3) link the State data systems, including traffic records,
      with other data systems within the State, such as systems that
      contain medical, roadway, and economic data; and
        (4) improve the compatibility and interoperability of the data
      systems of the State with national data systems and data systems
      of other States and enhance the ability of the Secretary to
      observe and analyze national trends in crash occurrences, rates,
      outcomes, and circumstances.

      (b) First-Year Grants. - To be eligible for a first-year grant
    under this section in a fiscal year, a State shall demonstrate to
    the satisfaction of the Secretary that the State has - 
        (1) established a highway safety data and traffic records
      coordinating committee with a multidisciplinary membership that
      includes, among others, managers, collectors, and users of
      traffic records and public health and injury control data
      systems; and
        (2) developed a multiyear highway safety data and traffic
      records system strategic plan - 
          (A) that addresses existing deficiencies in the State's
        highway safety data and traffic records system;
          (B) that is approved by the highway safety data and traffic
        records coordinating committee;
          (C) that specifies how existing deficiencies in the State's
        highway safety data and traffic records system were identified;
          (D) that prioritizes, on the basis of the identified highway
        safety data and traffic records system deficiencies of the
        State, the highway safety data and traffic records system needs
        and goals of the State, including the activities under
        subsection (a);
          (E) that identifies performance-based measures by which
        progress toward those goals will be determined; and
          (F) that specifies how the grant funds and any other funds of
        the State are to be used to address needs and goals identified
        in the multiyear plan.

      (c) Successive Year Grants. - A State shall be eligible for a
    grant under this subsection in a fiscal year succeeding the first
    fiscal year in which the State receives a grant under subsection
    (b) if the State - 
        (1) certifies to the Secretary that an assessment or audit of
      the State's highway safety data and traffic records system has
      been conducted or updated within the preceding 5 years;
        (2) certifies to the Secretary that its highway safety data and
      traffic records coordinating committee continues to operate and
      supports the multiyear plan;
        (3) specifies how the grant funds and any other funds of the
      State are to be used to address needs and goals identified in the
      multiyear plan;
        (4) demonstrates to the Secretary measurable progress toward
      achieving the goals and objectives identified in the multiyear
      plan; and
        (5) submits to the Secretary a current report on the progress
      in implementing the multiyear plan.

      (d) Grant Amount. - Subject to subsection (e)(3), the amount of a
    year grant made to a State for a fiscal year under this section
    shall equal the higher of - 
        (1) the amount determined by multiplying - 
          (A) the amount appropriated to carry out this section for
        such fiscal year, by
          (B) the ratio that the funds apportioned to the State under
        section 402 for fiscal year 2003 bears to the funds apportioned
        to all States under such section for fiscal year 2003; or

        (2)(A) $300,000 in the case of the first fiscal year a grant is
      made to a State under this section after the date of enactment of
      this subparagraph; or
        (B) $500,000 in the case of a succeeding fiscal year a grant is
      made to the State under this section after such date of
      enactment.

      (e) Additional Requirements and Limitations. - 
        (1) Model data elements. - The Secretary, in consultation with
      States and other appropriate parties, shall determine the model
      data elements that are useful for the observation and analysis of
      State and national trends in occurrences, rates, outcomes, and
      circumstances of motor vehicle traffic accidents. In order to be
      eligible for a grant under this section, a State shall submit to
      the Secretary a certification that the State has adopted and uses
      such model data elements, or a certification that the State will
      use grant funds provided under this section toward adopting and
      using the maximum number of such model data elements as soon as
      practicable.
        (2) Data on use of electronic devices. - The model data
      elements required under paragraph (1) shall include data
      elements, as determined appropriate by the Secretary, in
      consultation with the States and appropriate elements of the law
      enforcement community, on the impact on traffic safety of the use
      of electronic devices while driving.
        (3) Maintenance of effort. - No grant may be made to a State
      under this section in any fiscal year unless the State enters
      into such agreements with the Secretary as the Secretary may
      require to ensure that the State will maintain its aggregate
      expenditures from all other sources for highway safety data
      programs at or above the average level of such expenditures
      maintained by such State in the 2 fiscal years preceding the date
      of enactment of the SAFETEA-LU.
        (4) Federal share. - The Federal share of the cost of adopting
      and implementing in a fiscal year a State program described in
      subsection (a) may not exceed 80 percent.
        (5) Limitation on use of grant proceeds. - A State may use the
      proceeds of a grant received under this section only to implement
      the program described in subsection (a) for which the grant is
      made.

      (f) Applicability of Chapter 1. - Section 402(d) of this title
    shall apply in the administration of this section.

-SOURCE-
    (Added Pub. L. 97-364, title I, Sec. 101(a), Oct. 25, 1982, 96
    Stat. 1738; amended Pub. L. 98-363, Secs. 4, 7, July 17, 1984, 98
    Stat. 436, 438; Pub. L. 100-17, title II, Sec. 203(a), (b), Apr. 2,
    1987, 101 Stat. 219; Pub. L. 109-59, title II, Sec. 2006(a), Aug.
    10, 2005, 119 Stat. 1527.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this subparagraph, referred to in
    subsec. (d)(2), is the date of enactment of Pub. L. 109-59, which
    was approved Aug. 10, 2005.
      The date of enactment of the SAFETEA-LU, referred to in subsec.
    (e)(3), is the date of enactment of Pub. L. 109-59, which was
    approved Aug. 10, 2005.


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 amended section catchline and text
    generally, substituting provisions relating to State traffic safety
    information system improvements for provisions relating to alcohol
    traffic safety programs.
      1987 - Subsec. (c). Pub. L. 100-17, Sec. 203(a), substituted "5"
    for "three" in introductory provisions and "third, fourth, and
    fifth fiscal years" for "third fiscal year" in par. (3).
      Subsec. (g). Pub. L. 100-17, Sec. 203(b), inserted "and except
    that sums authorized by this subsection shall remain available
    until expended" before period at end of second sentence.
      1984 - Subsec. (a). Pub. L. 98-363, Secs. 4(a), 7(a), struck out
    "basic and supplemental" after "Secretary shall make" and inserted
    "or a controlled substance" after "alcohol".
      Subsec. (c)(1). Pub. L. 98-363, Sec. 4(b), inserted "and
    controlled substance" after "alcohol".
      Subsec. (d)(3). Pub. L. 98-363, Sec. 7(b), added par. (3).
      Subsec. (e)(3). Pub. L. 98-363, Sec. 7(c), added par. (3).
      Subsec. (f)(8). Pub. L. 98-363, Sec. 4(c), added par. (8).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-59 effective Oct. 1, 2005, see section
    2022 of Pub. L. 109-59, set out as a note under section 402 of this
    title.

                    EFFECTIVENESS OF DRUNK DRIVING LAWS                
      Pub. L. 104-59, title III, Sec. 358(d), Nov. 28, 1995, 109 Stat.
    626, required the Secretary to conduct a study to evaluate the
    effectiveness of certain State laws on reducing drunk driving.

          REGULATIONS; CONGRESSIONAL VETO OF SUPPLEMENTAL GRANTS      
      Pub. L. 97-364, title I, Sec. 101(c), Oct. 25, 1982, 96 Stat.
    1740, required the Secretary of Transportation, before Feb. 1,
    1983, to issue regulations to implement this section.

-End-



-CITE-
    23 USC Sec. 409                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 409. Discovery and admission as evidence of certain reports
      and surveys

-STATUTE-
      Notwithstanding any other provision of law, reports, surveys,
    schedules, lists, or data compiled or collected for the purpose of
    identifying, evaluating, or planning the safety enhancement of
    potential accident sites, hazardous roadway conditions, or railway-
    highway crossings, pursuant to sections 130, 144, and 148 of this
    title or for the purpose of developing any highway safety
    construction improvement project which may be implemented utilizing
    Federal-aid highway funds shall not be subject to discovery or
    admitted into evidence in a Federal or State court proceeding or
    considered for other purposes in any action for damages arising
    from any occurrence at a location mentioned or addressed in such
    reports, surveys, schedules, lists, or data.

-SOURCE-
    (Added Pub. L. 100-17, title I, Sec. 132(a), Apr. 2, 1987, 101
    Stat. 170; amended Pub. L. 102-240, title I, Sec. 1035(a), Dec. 18,
    1991, 105 Stat. 1978; Pub. L. 104-59, title III, Sec. 323, Nov. 28,
    1995, 109 Stat. 591; Pub. L. 109-59, title I, Sec. 1401(a)(3)(C),
    Aug. 10, 2005, 119 Stat. 1225.)


-MISC1-
                                AMENDMENTS                            
      2005 - Pub. L. 109-59 substituted "148" for "152".
      1995 - Pub. L. 104-59 inserted "or collected" after "data
    compiled".
      1991 - Pub. L. 102-240 substituted "Discovery and admission" for
    "Admission" in section catchline and "subject to discovery or
    admitted into evidence in a Federal or State court proceeding" for
    "admitted into evidence in Federal or State court" in text.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
    applicable to funds authorized to be appropriated or made available
    after Sept. 30, 1991, and, with certain exceptions, not applicable
    to funds appropriated or made available on or before Sept. 30,
    1991, see section 1100 of Pub. L. 102-240, set out as a note under
    section 104 of this title.

-End-



-CITE-
    23 USC Sec. 410                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 410. Alcohol-impaired driving countermeasures

-STATUTE-
      (a) General Authority. - 
        (1) Authority to make grants. - Subject to the requirements of
      this section, the Secretary shall make grants to States that
      adopt and implement effective programs to reduce traffic safety
      problems resulting from individuals driving while under the
      influence of alcohol. Such grants may only be used by recipient
      States to implement and enforce such programs.
        (2) Maintenance of effort. - No grant may be made to a State
      under this subsection in any fiscal year unless the State enters
      into such agreements with the Secretary as the Secretary may
      require to ensure that the State will maintain its aggregate
      expenditures from all other sources for alcohol traffic safety
      programs at or above the average level of such expenditures in
      its 2 fiscal years preceding the date of enactment of the SAFETEA-
      LU.
        (3) Federal share. - The Federal share of the cost of
      implementing and enforcing in a fiscal year a program adopted by
      a State pursuant to paragraph (1) shall not exceed - 
          (A) in each of the first and second fiscal years in which the
        State receives a grant under this section, 75 percent;
          (B) in each of the third and fourth fiscal years in which the
        State receives a grant under this section, 50 percent; and
          (C) in each of the fifth, sixth, seventh, and eighth fiscal
        years in which the State receives a grant under this section,
        25 percent.

      (b) Eligibility Requirements. - To be eligible for a grant under
    subsection (a), a State shall - 
        (1) have an alcohol related fatality rate of 0.5 or less per
      100,000,000 vehicle miles traveled as of the date of the grant,
      as determined by the Secretary using the most recent Fatality
      Analysis Reporting System of the National Highway Traffic Safety
      Administration; or
        (2)(A) for fiscal year 2006 by carrying out 3 of the programs
      and activities under subsection (c);
        (B) for fiscal year 2007 by carrying out 4 of the programs and
      activities under subsection (c); or
        (C) for fiscal years 2008 and 2009 by carrying out 5 of the
      programs and activities under subsection (c).

      (c) State Programs and Activities. - The programs and activities
    referred to in subsection (b) are the following:
        (1) Check point, saturation patrol program. - A State program
      to conduct a series of high visibility, statewide law enforcement
      campaigns in which law enforcement personnel monitor for impaired
      driving, either through the use of sobriety check points or
      saturation patrols, on a nondiscriminatory, lawful basis for the
      purpose of determining whether the operators of the motor
      vehicles are driving while under the influence of alcohol - 
          (A) if the State organizes the campaigns in cooperation with
        related periodic national campaigns organized by the National
        Highway Traffic Safety Administration, except that this
        subparagraph does not preclude a State from initiating
        sustained high visibility, Statewide law enforcement campaigns
        independently of the cooperative efforts; and
          (B) if, for each fiscal year, the State demonstrates to the
        Secretary that the State and the political subdivisions of the
        State that receive funds under this section have increased, in
        the aggregate, the total number of impaired driving law
        enforcement activities at high incident locations (or any other
        similar activity approved by the Secretary) initiated in such
        State during the preceding fiscal year by a factor that the
        Secretary determines meaningful for the State over the number
        of such activities initiated in such State during the preceding
        fiscal year.

        (2) Prosecution and adjudication outreach program. - A State
      prosecution and adjudication program under which - 
          (A) the State works to reduce the use of diversion programs
        by educating and informing prosecutors and judges through
        various outreach methods about the benefits and merits of
        prosecuting and adjudicating defendants who repeatedly commit
        impaired driving offenses;
          (B) the courts in a majority of the judicial jurisdictions of
        the State are monitored on the courts' adjudication of cases of
        impaired driving offenses; or
          (C) annual statewide outreach is provided for judges and
        prosecutors on innovative approaches to the prosecution and
        adjudication of cases of impaired driving offenses that have
        the potential for significantly improving the prosecution and
        adjudication of such cases.

        (3) Testing of bac. - An effective system for increasing from
      the previous year the rate of blood alcohol concentration testing
      of motor vehicle drivers involved in fatal accidents.
        (4) High risk drivers. - A law that establishes stronger
      sanctions or additional penalties for individuals convicted of
      operating a motor vehicle while under the influence of alcohol
      whose blood alcohol concentration is 0.15 percent or more than
      for individuals convicted of the same offense but with a lower
      blood alcohol concentration. For purposes of this paragraph,
      "additional penalties" includes - 
          (A) a 1-year suspension of a driver's license, but with the
        individual whose license is suspended becoming eligible after
        45 days of such suspension to obtain a provisional driver's
        license that would permit the individual to drive - 
            (i) only to and from the individual's place of employment
          or school; and
            (ii) only in an automobile equipped with a certified
          alcohol ignition interlock device; and

          (B) a mandatory assessment by a certified substance abuse
        official of whether the individual has an alcohol abuse problem
        with possible referral to counseling if the official determines
        that such a referral is appropriate.

        (5) Programs for effective alcohol rehabilitation and dwi
      courts. - A program for effective inpatient and outpatient
      alcohol rehabilitation based on mandatory assessment and
      appropriate treatment for repeat offenders or a program to refer
      impaired driving cases to courts that specialize in driving while
      impaired cases that emphasize the close supervision of high-risk
      offenders.
        (6) Underage drinking program. - An effective strategy, as
      determined by the Secretary, for preventing operators of motor
      vehicles under age 21 from obtaining alcoholic beverages and for
      preventing persons from making alcoholic beverages available to
      individuals under age 21. Such a strategy may include - 
          (A) the issuance of tamper-resistant drivers' licenses to
        individuals under age 21 that are easily distinguishable in
        appearance from drivers' licenses issued to individuals age 21
        or older; and
          (B) a program provided by a nonprofit organization for
        training point of sale personnel concerning, at a minimum - 
            (i) the clinical effects of alcohol;
            (ii) methods of preventing second party sales of alcohol;
            (iii) recognizing signs of intoxication;
            (iv) methods to prevent underage drinking; and
            (v) Federal, State, and local laws that are relevant to
          such personnel; and

          (C) having a law in effect that creates a 0.02 percent blood
        alcohol content limit for drivers under 21 years old.

        (7) Administrative license revocation. - An administrative
      driver's license suspension or revocation system for individuals
      who operate motor vehicles while under the influence of alcohol
      that requires that - 
          (A) in the case of an individual who, in any 5-year period
        beginning after the date of enactment of the Transportation
        Equity Act for the 21st Century, is determined on the basis of
        a chemical test to have been operating a motor vehicle while
        under the influence of alcohol or is determined to have refused
        to submit to such a test as proposed by a law enforcement
        officer, the State agency responsible for administering
        drivers' licenses, upon receipt of the report of the law
        enforcement officer - 
            (i) suspend the driver's license of such individual for a
          period of not less than 90 days if such individual is a first
          offender in such 5-year period; except that under such
          suspension an individual may operate a motor vehicle, after
          the 15-day period beginning on the date of the suspension, to
          and from employment, school, or an alcohol treatment program
          if an ignition interlock device is installed on each of the
          motor vehicles owned or operated, or both, by the individual;
          and
            (ii) suspend the driver's license of such individual for a
          period of not less than 1 year, or revoke such license, if
          such individual is a repeat offender in such 5-year period;
          except that such individual to operate a motor vehicle, after
          the 45-day period beginning on the date of the suspension or
          revocation, to and from employment, school, or an alcohol
          treatment program if an ignition interlock device is
          installed on each of the motor vehicles owned or operated, or
          both, by the individual; and

          (B) the suspension and revocation referred to under clause
        (i) take effect not later than 30 days after the date on which
        the individual refused to submit to a chemical test or received
        notice of having been determined to be driving under the
        influence of alcohol, in accordance with the procedures of the
        State.

        (8) Self sustaining impaired driving prevention program. - A
      program under which a significant portion of the fines or
      surcharges collected from individuals who are fined for operating
      a motor vehicle while under the influence of alcohol are returned
      to communities for comprehensive programs for the prevention of
      impaired driving.

      (d) Uses of Grants. - Subject to subsection (g)(2), grants made
    under this section may be used for all programs and activities
    described in subsection (c), and to defray the following costs:
        (1) Labor costs, management costs, and equipment procurement
      costs for the high visibility, Statewide law enforcement
      campaigns under subsection (c)(1).
        (2) The costs of the training of law enforcement personnel and
      the procurement of technology and equipment, including video
      equipment and passive alcohol sensors, to counter directly
      impaired operation of motor vehicles.
        (3) The costs of public awareness, advertising, and educational
      campaigns that publicize use of sobriety check points or
      increased law enforcement efforts to counter impaired operation
      of motor vehicles.
        (4) The costs of public awareness, advertising, and educational
      campaigns that target impaired operation of motor vehicles by
      persons under 34 years of age.
        (5) The costs of the development and implementation of a State
      impaired operator information system.
        (6) The costs of operating programs that result in vehicle
      forfeiture or impoundment or license plate impoundment.

      (e) Additional Authorities for Certain Authorized Uses. - 
        (1) Combination of grant proceeds. - Grant funds used for a
      campaign under subsection (d)(3) may be combined, or expended in
      coordination, with proceeds of grants under section 402.
        (2) Coordination of uses. - Grant funds used for a campaign
      under paragraph (3) or (4) of subsection (d) may be expended - 
          (A) in coordination with employers, schools, entities in the
        hospitality industry, and nonprofit traffic safety groups; and
          (B) in coordination with sporting events and concerts and
        other entertainment events.

      (f) Allocation. - Subject to subsection (g), funds made available
    to carry out this section shall be allocated among States that meet
    the eligibility criteria in subsection (b) on the basis of the
    apportionment formula under section 402(c).
      (g) Grants to High Fatality Rate States. - 
        (1) In general. - The Secretary shall make a separate grant
      under this section to each State that - 
          (A) is among the 10 States with the highest impaired driving
        related fatalities as determined by the Secretary using the
        most recent Fatality Analysis Reporting System of the National
        Highway Traffic Safety Administration; and
          (B) prepares a plan for grant expenditures under this
        subsection that is approved by the Administrator of the
        National Highway Traffic Safety Administration.

        (2) Required uses. - At least one-half of the amounts allocated
      to States under this subsection may only be used for the program
      described in subsection (c)(1).
        (3) Allocation. - Funds made available under this subsection
      shall be allocated among States described in paragraph (1) on the
      basis of the apportionment formula under section 402(c), except
      that no State shall be allocated more than 30 percent of the
      funds made available to carry out this subsection for a fiscal
      year.
        (4) Funding. - Not more than 15 percent per fiscal year of
      amounts made available to carry out this section for a fiscal
      year shall be made available by the Secretary for making grants
      under this subsection.

      (h) Applicability of Chapter 1. - The provisions contained in
    section 402(d) shall apply to this section.
      (i) Definitions. - In this section, the following definitions
    apply:
        (1) Alcoholic beverage. - The term "alcoholic beverage" has the
      meaning given such term in section 158(c).
        (2) Controlled substances. - The term "controlled substances"
      has the meaning given such term in section 102(6) of the
      Controlled Substances Act (21 U.S.C. 802(6)).
        (3) Motor vehicle. - The term "motor vehicle" has the meaning
      given such term in section 405.
        (4) Impaired operator. - The term "impaired operator" means a
      person who, while operating a motor vehicle - 
          (A) has a blood alcohol content of 0.08 percent or higher; or
          (B) is under the influence of a controlled substance.

        (5) Impaired driving related fatality rate. - The term
      "impaired driving related fatality rate" means the rate of
      alcohol related fatalities, as calculated in accordance with
      regulations which the Administrator of the National Highway
      Traffic Safety Administration shall prescribe.

-SOURCE-
    (Added Pub. L. 100-690, title IX, Sec. 9002(a), Nov. 18, 1988, 102
    Stat. 4521; amended Pub. L. 101-516, title III, Sec. 336, Nov. 5,
    1990, 104 Stat. 2186; Pub. L. 102-240, title II, Sec. 2004(a), Dec.
    18, 1991, 105 Stat. 2073; Pub. L. 102-388, title VI, Secs. 601-606,
    Oct. 6, 1992, 106 Stat. 1569, 1570; Pub. L. 104-59, title III, Sec.
    324, Nov. 28, 1995, 109 Stat. 591; Pub. L. 105-18, title II, Sec.
    8003, June 12, 1997, 111 Stat. 195; Pub. L. 105-130, Sec. 6(b),
    Dec. 1, 1997, 111 Stat. 2558; Pub. L. 105-178, title II, Sec.
    2004(a), June 9, 1998, 112 Stat. 328; Pub. L. 108-88, Sec. 6(e)(1),
    Sept. 30, 2003, 117 Stat. 1120; Pub. L. 108-310, Sec. 6(e)(1),
    Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109-59, title II, Sec.
    2007(a), (b), Aug. 10, 2005, 119 Stat. 1529.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the SAFETEA-LU, referred to in subsec.
    (a)(2), is the date of enactment of Pub. L. 109-59, which was
    approved Aug. 10, 2005.
      The date of enactment of the Transportation Equity Act for the
    21st Century, referred to in subsec. (c)(7)(A), is the date of
    enactment of Pub. L. 105-178, which was approved June 9, 1998.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(2). Pub. L. 109-59, Sec. 2007(a), substituted
    "under this subsection" for "under this section" and "SAFETEA-LU"
    for "Transportation Equity Act for the 21st Century".
      Subsec. (a)(3), (4). Pub. L. 109-59, Sec. 2007(b)(1),
    redesignated par. (4) as (3), substituted "sixth," for "sixth,,",
    and struck out heading and text of former par. (3). Text read as
    follows: "No State may receive grants under this section in more
    than 8 fiscal years beginning after September 30, 1997."
      Subsec. (b) to (i). Pub. L. 109-59, Sec. 2007(b)(2)-(4), added
    subsecs. (b) to (g), redesignated former subsecs. (e) and (f) as
    (h) and (i), respectively, added pars. (4) and (5) to subsec. (i),
    and struck out former subsecs. (b) to (d), which related to
    eligibility for basic grant, supplemental grants, and
    administrative expenses, respectively.
      2004 - Subsec. (a)(3). Pub. L. 108-310, Sec. 6(e)(1)(A),
    substituted "8" for "7".
      Subsec. (a)(4)(C). Pub. L. 108-310, Sec. 6(e)(1)(B), substituted
    ", seventh, and eighth" for "and seventh".
      2003 - Subsec. (a)(3). Pub. L. 108-88, Sec. 6(e)(1)(A),
    substituted "7" for "6".
      Subsec. (a)(4)(C). Pub. L. 108-88, Sec. 6(e)(1)(B), substituted
    ", sixth, and seventh" for "and sixth".
      1998 - Pub. L. 105-178 reenacted section catchline without change
    and amended text generally. Prior to amendment, section related to
    alcohol-impaired driving countermeasures, providing for general
    authority in subsec. (a), maintenance of effort in subsec. (b),
    maximum period of eligibility and Federal share for grants in
    subsec. (c), basic grant eligibility in subsec. (d), amount of
    basic grant in subsec. (e), supplemental grants in subsec. (f),
    administrative expenses in subsec. (g), applicability of chapter 1
    of this title in subsec. (h), definitions in subsec. (i), and
    authorization of appropriations in subsec. (j).
      1997 - Subsec. (c). Pub. L. 105-130, Sec. 6(b)(1)(A), substituted
    "6 fiscal years" for "5 fiscal years" in introductory provisions.
      Subsec. (c)(3). Pub. L. 105-130, Sec. 6(b)(1)(B), substituted
    "fifth, and sixth fiscal years" for "and fifth fiscal years".
      Subsec. (d)(2)(B). Pub. L. 105-130, Sec. 6(b)(2), substituted "3
    fiscal years" for "two fiscal years".
      Subsec. (j). Pub. L. 105-130, Sec. 6(b)(3), substituted "1997,"
    for "1997, and" and inserted before period at end ", and
    $12,500,000 for the period of October 1, 1997, through March 31,
    1998".
      Pub. L. 105-18 inserted ", and an additional $500,000 for fiscal
    year 1997" after "1997".
      1995 - Subsec. (d)(1)(E). Pub. L. 104-59, Sec. 324(a),
    substituted "December 18, 1991" for "the date of enactment of this
    section" in introductory provisions.
      Subsec. (d)(3). Pub. L. 104-59, Sec. 324(b)(1), designated
    existing provisions as subpar. (A) and added subpar. (B).
      Subsec. (d)(7). Pub. L. 104-59, Sec. 324(b)(2), added par. (7).
      Subsec. (f). Pub. L. 104-59, Sec. 324(c), redesignated pars. (2)
    to (7) as (1) to (6), respectively, and struck out former par. (1)
    which read as follows:
      "(1) Blood alcohol concentration for persons under age 21. -
    Subject to subsection (c), a State shall be eligible to receive a
    supplemental grant in a fiscal year of 5 percent of the amount
    apportioned to the State in fiscal year 1992 under section 402 of
    this title if the State is eligible for a basic grant in the fiscal
    year and provides that any person under age 21 with a blood alcohol
    concentration of 0.02 percent or greater when driving a motor
    vehicle shall be deemed to be driving while intoxicated."
      1992 - Subsec. (c). Pub. L. 102-388, Sec. 601(2), (3), added
    subsec. (c) and redesignated former subsec. (c) as (d).
      Subsec. (d). Pub. L. 102-388, Secs. 601(2), 602, redesignated
    subsec. (c) as (d), substituted "5 or more of the following" for "4
    or more of the following" in introductory provisions, struck out
    "within the time period specified in subparagraph (F)" after
    "revocation" in par. (1)(C), and added par. (6). Former subsec. (d)
    redesignated (e).
      Subsec. (e). Pub. L. 102-388, Secs. 601(2), 603, redesignated
    subsec. (d) as (e) and amended it generally. Prior to amendment,
    subsec. (e) read as follows: "Amount of Basic Grants. - The amount
    of a basic grant to be made in a fiscal year under this section to
    a State eligible to receive such grant shall be 65 percent of the
    amount of funds apportioned to such State in such fiscal year under
    this section." Former subsec. (e) redesignated (f).
      Subsec. (f). Pub. L. 102-388, Secs. 601(2), 604, redesignated
    subsec. (e) as (f) and substituted "Subject to subsection (c), a
    State shall be eligible to receive a supplemental grant in a fiscal
    year of 5 percent of the amount apportioned to the State in fiscal
    year 1992 under section 402 of this title" for "A State shall be
    eligible to receive a supplemental grant in a fiscal year of 5
    percent of the amount apportioned to the State in the fiscal year
    under this section" in pars. (1) to (7). Former subsec. (f)
    redesignated (g).
      Subsec. (g). Pub. L. 102-388, Secs. 601(1), (2), 605,
    redesignated subsec. (f) as (g), struck out ", and the remainder
    shall be apportioned among the several States" before the period at
    end, and struck out former subsec. (g) which provided for
    apportionment of the remainder of the funds authorized to be
    appropriated to carry out this section among the States according
    to certain formulas.
      Subsec. (j). Pub. L. 102-388, Sec. 606, amended subsec. (j)
    generally. Prior to amendment, subsec. (j) read as follows:
    "Funding for Fiscal Years 1993-1997. - From sums made available to
    carry out section 402 of this title, the Secretary shall make
    available $25,000,000 for each of fiscal years 1993 through 1997 to
    carry out this section."
      1991 - Pub. L. 102-240 substituted section catchline for one
    which read: "Drunk driving prevention programs" and amended text
    generally, substituting present provisions for provisions
    authorizing grants to those States which adopt and implement drunk
    driving prevention programs described in this section, requiring
    States to maintain expenditures for drunk driving prevention
    programs, providing for Federal share payable, maximum amount of
    basic grants and eligibility for basic grants, providing for
    supplemental grants to States which implement specific measures to
    fight drunk driving, and providing for definitions and
    appropriations for this section.
      1990 - Subsec. (e)(1)(C). Pub. L. 101-516 struck out "within the
    time period specified in subparagraph (F)" after "revocation".
      Subsec. (e)(2). Pub. L. 101-516 inserted "a significant portion
    of" after "under which" and substituted "apprehended and fined for"
    for "convicted of".

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-59 effective Oct. 1, 2005, see section
    2022 of Pub. L. 109-59, set out as a note under section 402 of this
    title.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-178, title II, Sec. 2004(b), June 9, 1998, 112 Stat.
    332, provided that: "The amendment made by subsection (a) [amending
    this section] shall take effect on October 1, 1998."

          EFFECTIVE DATE OF 1992 AMENDMENT; TRANSITION PROVISIONS      
      Section 607 of title VI of Pub. L. 102-388 provided that:
      "(a) Effective Date. - The amendments made by sections 601
    through 606 [amending this section] shall take effect October 1,
    1992.
      "(b) States Eligible for Basic Grants Under Section 410 Before
    Date of Enactment. - A State that received a basic grant in fiscal
    year 1992 under section 410 of title 23, United States Code, as in
    effect on September 30, 1992, and that continues to meet the
    criteria for a basic grant, as in effect on September 30, 1992,
    shall be eligible for a basic grant under such section 410, as
    amended by this title."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-240, except as otherwise provided,
    effective Dec. 18, 1991, and applicable to funds authorized to be
    appropriated or made available after Sept. 30, 1991, and not
    applicable to funds appropriated or made available on or before
    Dec. 18, 1991, see section 2008 of Pub. L. 102-240, set out as a
    note under section 402 of this title.

                                REGULATIONS                            
      Pub. L. 109-59, title II, Sec. 2007(c), Aug. 10, 2005, 119 Stat.
    1533, provided that: "Not later than 12 months after the date of
    enactment of this Act [Aug. 10, 2005], the National Highway Traffic
    Safety Administration shall issue guidelines to the States
    specifying the types and formats of data that States should collect
    relating to drivers who are arrested or convicted for violation of
    laws prohibiting the impaired operation of motor vehicles."
      Pub. L. 100-690, title IX, Sec. 9002(c), Nov. 18, 1988, 102 Stat.
    4525, provided that: "The Secretary of Transportation shall issue
    and publish in the Federal Register proposed regulations to
    implement section 410 of title 23, United States Code, not later
    than 6 months after the date of the enactment of this section [Nov.
    18, 1988]. The final regulations for such implementation shall be
    issued, published in the Federal Register, and transmitted to
    Congress not later than 12 months after such date of enactment."

         EFFECTIVENESS OF LAWS ESTABLISHING MAXIMUM BLOOD ALCOHOL
                              CONCENTRATIONS
      Pub. L. 105-178, title II, Sec. 2008, June 9, 1998, 112 Stat.
    337, provided that:
      "(a) Study. - The Comptroller General shall conduct a study to
    evaluate the effectiveness of State laws that - 
        "(1) deem any individual with a blood alcohol concentration of
      0.08 percent or greater while operating a motor vehicle to be
      driving while intoxicated; and
        "(2) deem any individual under the age of 21 with a blood
      alcohol concentration of 0.02 percent or greater while operating
      a motor vehicle to be driving while intoxicated;
    in reducing the number and severity of alcohol-involved crashes.
      "(b) Report. - Not later than 2 years after the date of enactment
    of this Act [June 9, 1998], the Comptroller General shall transmit
    to the Committee on Transportation and Infrastructure of the House
    of Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate a report containing the results of the
    study conducted under this section."

                    EFFECTIVENESS OF DRUNK DRIVING LAWS                
      Pub. L. 104-59, title III, Sec. 358(d), Nov. 28, 1995, 109 Stat.
    626, provided that: "The Secretary shall conduct a study to
    evaluate the effectiveness on reducing drunk driving and
    appropriateness of laws enacted in the States which allow a health
    care provider who treats an individual involved in a vehicular
    accident to report the blood alcohol level, if known, of such
    individual to the local law enforcement agency which has
    jurisdiction over the accident site if the blood alcohol
    concentration level exceeds the maximum level permitted under State
    law."

            STATES ELIGIBLE FOR GRANTS BEFORE DECEMBER 18, 1991        
      Section 2004(b) of Pub. L. 102-240 provided that: "A State which,
    before the date of the enactment of this Act [Dec. 18, 1991], was
    eligible to receive a grant under section 410 of title 23, United
    States Code, as in effect on the day before such date of enactment,
    may elect to receive in a fiscal year grants under such section
    410, as so in effect, in lieu of receiving in such fiscal year
    grants under such section 410, as amended by this Act."

           ALCOHOL IMPAIRMENT STANDARDS AND INFORMATION EXCHANGE       
      Section 9003 of Pub. L. 100-690 provided that:
      "(a) Alcohol Impairment Standards. - 
        "(1) Study. - Not later than 30 days after the date of
      enactment of this Act [Nov. 18, 1988], the Secretary of
      Transportation shall undertake to enter into appropriate
      arrangements with the National Academy of Sciences to conduct a
      study to determine the blood alcohol concentration level at or
      above which any individual when operating any motor vehicle
      should be deemed to be driving while under the influence of
      alcohol.
        "(2) Report. - In entering into any arrangement with the
      National Academy of Sciences for conducting the study under this
      subsection, the Secretary shall request the National Academy of
      Sciences to submit, not later than 15 months after the date of
      the enactment of this Act, to the Secretary a report on the
      results of such study. Upon its receipt, the Secretary shall
      immediately transmit the report to Congress.
      "(b) Federal-State Exchange of Information. - 
        "(1) Study. - The Secretary of Transportation shall conduct a
      study regarding the exchange of information between the Federal
      Government and State law enforcement officials on all arrests for
      drunk driving offenses in all States. In conducting such study,
      the Secretary shall consider the usefulness of such information
      to law enforcement officials as well as any legal restraints on
      the exchange or use of such information. One purpose of such
      study shall be to identify effective methods, if any, for the
      exchange of such information.
        "(2) Report. - Not later than 1 year after the date of the
      enactment of this Act [Nov. 18, 1988], the Secretary shall
      transmit to Congress a report on the results of the study
      conducted under this section.
      "(c) Authorization of Appropriation. - There is authorized to be
    appropriated to carry out this section $300,000 for fiscal year
    1989."

                           MINIMUM DRINKING AGE                       
      Pub. L. 97-424, title II, Sec. 209, Jan. 6, 1983, 96 Stat. 2140,
    provided that: "The Congress strongly encourages each State to
    prohibit the sale of alcoholic beverages to persons who are less
    than 21 years of age."

-End-



-CITE-
    23 USC Sec. 411                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 411. State highway safety data improvements

-STATUTE-
      (a) General Authority. - 
        (1) Authority to make grants. - Subject to the requirements of
      this section, the Secretary shall make grants to States that
      adopt and implement effective programs - 
          (A) to improve the timeliness, accuracy, completeness,
        uniformity, and accessibility of the data of the State that is
        needed to identify priorities for national, State, and local
        highway and traffic safety programs;
          (B) to evaluate the effectiveness of efforts to make such
        improvements;
          (C) to link these State data systems, including traffic
        records, with other data systems within the State, such as
        systems that contain medical and economic data; and
          (D) to improve the compatibility of the data system of the
        State with national data systems and data systems of other
        States and to enhance the ability of the Secretary to observe
        and analyze national trends in crash occurrences, rates,
        outcomes, and circumstances.

      Such grants may be used by recipient States only to implement
      such programs.
        (2) Model data elements. - The Secretary, in consultation with
      States and other appropriate parties, shall determine the model
      data elements necessary to observe and analyze national trends in
      crash occurrences, rates, outcomes, and circumstances. In order
      to become eligible for a grant under this section, a State shall
      demonstrate how the multiyear highway safety data and traffic
      records plan of the State described in subsection (b)(1) will be
      incorporated into data systems of the State.
        (3) Maintenance of effort. - No grant may be made to a State
      under this section in any fiscal year unless the State enters
      into such agreements with the Secretary as the Secretary may
      require to ensure that the State will maintain its aggregate
      expenditures from all other sources for highway safety data
      programs at or above the average level of such expenditures in
      its 2 fiscal years preceding the date of enactment of the
      Transportation Equity Act for the 21st Century.
        (4) Maximum period of eligibility. - No State may receive
      grants under this section in more than 6 fiscal years beginning
      after September 30, 1997.
        (5) Federal share. - The Federal share of the cost of
      implementing and enforcing, as appropriate, in a fiscal year a
      program adopted by a State pursuant to paragraph (1) shall not
      exceed - 
          (A) in the first and second fiscal years in which the State
        receives a grant under this section, 75 percent;
          (B) in the third and fourth fiscal years in which the State
        receives a grant under this section, 50 percent; and
          (C) in the fifth and sixth fiscal years in which the State
        receives a grant under this section, 25 percent.

      (b) First-Year Grants. - 
        (1) Eligibility. - A State shall become eligible for a first-
      year grant under this subsection in a fiscal year if the State
      either - 
          (A) demonstrates, to the satisfaction of the Secretary, that
        the State has - 
            (i) established a highway safety data and traffic records
          coordinating committee with a multidisciplinary membership,
          including the administrators, collectors, and users of such
          data (including the public health, injury control, and motor
          carrier communities);
            (ii) completed, within the preceding 5 years, a highway
          safety data and traffic records assessment or an audit of the
          highway safety data and traffic records system of the State;
          and
            (iii) initiated the development of a multiyear highway
          safety data and traffic records strategic plan that - 
              (I) identifies and prioritizes the highway safety data
            and traffic records needs and goals of the State;
              (II) identifies performance-based measures by which
            progress toward those goals will be determined; and
              (III) will be submitted to the highway safety data and
            traffic records coordinating committee of the State for
            approval; or

          (B) provides, to the satisfaction of the Secretary - 
            (i) a certification that the State has met the requirements
          of clauses (i) and (ii) of subparagraph (A);
            (ii) a multiyear highway safety data and traffic records
          strategic plan that - 
              (I) meets the requirements of subparagraph (A)(iii); and
              (II) specifies how the incentive funds of the State for
            the fiscal year will be used to address needs and goals
            identified in the plan; and

            (iii) a certification that the highway safety data and
          traffic records coordinating committee of the State continues
          to operate and supports the multiyear plan described in
          clause (ii).

        (2) Grant amounts. - The amount of a first-year grant made to a
      State for a fiscal year under this subsection shall equal - 
          (A) if the State is eligible for the grant under paragraph
        (1)(A), $125,000; and
          (B) if the State is eligible for the grant under paragraph
        (1)(B), an amount determined by multiplying - 
            (i) the amount appropriated to carry out this section for
          such fiscal year; by
            (ii) the ratio that the funds apportioned to the State
          under section 402 for fiscal year 1997 bears to the funds
          apportioned to all States under section 402 for fiscal year
          1997;

        except that no State eligible for a grant under paragraph
        (1)(B) shall receive less than $250,000.

        (3) States not meeting criteria. - The Secretary may award a
      grant of up to $25,000 for 1 year to any State that does not meet
      the criteria established in paragraph (1). The grant may only be
      used to conduct activities needed to enable the State to qualify
      for a first-year grant in the next fiscal year.

      (c) (!1) Succeeding Year Grants. - 

        (1) Eligibility. - A State shall be eligible for a grant under
      this subsection in a fiscal year succeeding the first fiscal year
      in which the State receives a grant under subsection (b) if the
      State, to the satisfaction of the Secretary - 
          (A) submits or updates a multiyear highway safety data and
        traffic records strategic plan that meets the requirements of
        subsection (b)(1);
          (B) certifies that the highway safety data and traffic
        records coordinating committee of the State continues to
        operate and supports the multiyear plan; and
          (C) reports annually on the progress of the State in
        implementing the multiyear plan.

        (2) Grant amounts. - The amount of a succeeding year grant made
      to the State for a fiscal year under this paragraph shall equal
      the amount determined by multiplying - 
          (A) the amount appropriated to carry out this section for
        such fiscal year; by
          (B) the ratio that the funds apportioned to the State under
        section 402 for fiscal year 1997 bears to the funds apportioned
        to all States under section 402 for fiscal year 1997;

      except that no State eligible for a grant under this paragraph
      shall receive less than $225,000.

      (c) (!1) Administrative Expenses. - 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.
      (d) Applicability of Chapter 1. - The provisions contained in
    section 402(d) shall apply to this section.

-SOURCE-
    (Added Pub. L. 105-178, title II, Sec. 2005(a), June 9, 1998, 112
    Stat. 332.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Transportation Equity Act for the
    21st Century, referred to in subsec. (a)(3), is the date of
    enactment of Pub. L. 105-178, which was approved June 9, 1998.

-FOOTNOTE-
    (!1) So in original. Two subsecs. (c) have been enacted.


-End-



-CITE-
    23 USC Sec. 412                                             01/03/2007

-EXPCITE-
    TITLE 23 - HIGHWAYS
    CHAPTER 4 - HIGHWAY SAFETY

-HEAD-
    Sec. 412. Agency accountability

-STATUTE-
      (a) Triennial State Management Reviews. - At least once every 3
    years the Secretary shall conduct a review of each State highway
    safety program. The review shall include a management evaluation of
    all grant programs funded under this chapter. The Secretary shall
    provide review-based recommendations on how each State could
    improve the management and oversight of its grant activities and
    may provide a management and oversight plan for such grant
    programs.
      (b) Recommendations Before Submission. - In order to provide
    guidance to State highway safety agencies on matters that should be
    addressed in the goals and initiatives of the State highway safety
    program before the program is submitted for review, the Secretary
    shall provide data-based recommendations to each State at least 90
    days before the date on which the program is to be submitted for
    approval.
      (c) State Program Review. - The Secretary shall - 
        (1) conduct a program improvement review of a highway safety
      program under this chapter of a State that does not make
      substantial progress over a 3-year period in meeting its priority
      program goals; and
        (2) provide technical assistance and safety program
      requirements to be incorporated in the State highway safety
      program for any goal not achieved.

      (d) Regional Harmonization. - The Secretary and the Inspector
    General of the Department of Transportation shall undertake an
    administrative review of the practices and procedures of the
    management reviews and program reviews of State highway safety
    programs under this chapter conducted by the regional offices of
    the National Highway Traffic Safety Administration and prepare a
    written report of best practices and procedures for use by the
    regional offices in conducting such reviews. The report shall be
    completed within 180 days after the date of enactment of this
    section.
      (e) Best Practices Guidelines. - 
        (1) Uniform guidelines. - The Secretary shall issue uniform
      management review guidelines and program review guidelines based
      on the report under subsection (d). Each regional office shall
      use the guidelines in executing its State administrative review
      duties under this section.
        (2) Publication. - The Secretary shall make publicly available
      on the Web site (or successor electronic facility) of the
      Administration the following documents upon their completion:
          (A) The Secretary's management review guidelines and program
        review guidelines.
          (B) All State highway safety programs submitted under this
        chapter.
          (C) State annual accomplishment reports.
          (D) The Administration's Summary Report of findings from
        Management Reviews and Improvement Plans.

        (3) Reports to state highway safety agencies. - The Secretary
      may not make publicly available a program, report, or review
      under paragraph (2) that is directed to a State highway safety
      agency until after the date on which the program, report, or
      review is submitted to that agency under this chapter.

      (f) GAO Review. - 
        (1) Analysis. - The Comptroller General shall analyze the
      effectiveness of the Administration's oversight of traffic safety
      grants under this chapter by determining the usefulness of the
      Administration's advice to the States regarding administration
      and State activities under this chapter, the extent to which the
      States incorporate the Administration's recommendations into
      their highway safety programs, and the improvements that result
      in a State's highway safety program that may be attributable to
      the Administration's recommendations.
        (2) Report. - Not later than September 30, 2008, the
      Comptroller General shall submit a report on the results of the
      analysis to the Committee on Transportation and Infrastructure of
      the House of Representatives and the Committee on Commerce,
      Science, and Transportation of the Senate.

-SOURCE-
    (Added Pub. L. 109-59, title II, Sec. 2008(a), Aug. 10, 2005, 119
    Stat. 1533.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in subsec.
    (d), is the date of enactment of Pub. L. 109-59, which was approved
    Aug. 10, 2005.

-End-