Bipartisan Infrastructure Law

Uniform Procedures for State Highway Safety Grant Programs

February 2023
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Objectives

• Identify key components of 

Uniform Procedures for State 

Highway Safety Grant Programs

• Explain changes to Triennial 

Highway Safety Plans, Annual 

Grant Applications, and Annual 

Reports

• Describe changes to Incentive 

Grants (Sections 405 and 1906)
Ongoing Highway Safety Challenges

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An estimated 31,785 people 

died in motor vehicle traffic 

crashes in the first 9 months 

of 2022.

BIL affords us additional 

resources and mandates to 

deliver effective and 

impactful programming
Grant Funding, by Fiscal Year

$450,000,000

$400,000,000

$350,000,000

$300,000,000

$250,000,000

$200,000,000

$150,000,000

$100,000,000

$50,000,000

$0

402 HTF 402 Supplemental 

FY22 FY23

405 HTF 405 Supplemental 

FY24 FY25 FY26

1906

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Impactful Programs and BIL

An Impactful Program:

• Connects performance targets, 

countermeasures and objectives

• Evaluates the impact of programming

• Embraces the Safe System Approach

• Introduces innovative 

countermeasures

• Refines existing countermeasures

• Continually assesses progress

• Actively collaborates with diverse 

stakeholders
Safe System Approach (SSA)

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Key Components

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State Highway Safety Office (SHSO) Authority and Functions

Triennial Highway Safety Plan (3HSP) 

Annual Grant Application (AGA) 

Sections 402, 405 & 1906 Grants

Annual Report & Reconciliation
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Upcoming Due Dates 2023-2024

FFY24-26 Triennial HSP: July 1, 2023

NHTSA has 60 days from date of receipt to approve/disapprove

FY24 Annual Grant Application: August 1, 2023

FY23 Annual Reconciliation and Annual Report: January 28, 

2024
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This webinar is not intended to replace 

reading the regulation in its entirety
§ 1300.4 – State Highway Safety Office (SHSO) 

Authority & Functions

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Manage the highway safety program and Federal funds

Foster meaningful public participation and engagement 

Coordinate and assist other State/local agencies 

Access highway safety data

Inform the Governor on program effectiveness 

Maintain adequate staffing
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§ 1300.4 – State Highway Safety Office (SHSO) 

Authority & Functions

To effectively carry out responsibilities and to avoid any conflict of 

interest, the Governor’s Representative (GR) must have access to the 

Governor and be the head of the SHSO or be in the chain of 

command between the SHSO and the Governor
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§ 1300.11 – Triennial Highway 

Safety Plan
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§ 1300.11 – Triennial Highway 

Safety Plan (3HSP)

• First 3HSP due by July 1, 2023,

and covers Federal Fiscal

Years 2024, 2025, 2026

• 5 components

• Must fully address all

requirements to be approved
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§ 1300.11 – 3HSP

Performance Report

Progress report on meeting targets based on 

current data.

Explain progress in achieving targets and how 

this aligns with the triennial HSP

Describe how the countermeasure strategies 

contributed to meeting performance targets
§ 1300.11 – 3HSP

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Highway safety planning process & problem ID

Describe planning process and how the program 

was informed

Describe and analyze highway safety problems 

(problem identification)

Added emphasis on geospatial and 

sociodemographic data
Illustrative Ways to Utilize Available Data

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Traditional State identified novice drivers ages 15-

18 as overrepresented in alcohol/drug 

related fatalities based on FARS

and driver license data.

Geospatial There is a high rate of crashes of 

drivers in this age range in a particular

neighborhood.

Sociodemographic The location crosses 2 census tracts

with prominent racial and ethnic

demographics within these tracts
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§ 1300.11 – 3HSP

Public Participation and Engagement

Triennial HSP 

Engagement 

Planning

Triennial HSP

Engagement

Outcomes

Ongoing 

Engagement 

Planning
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§ 1300.11 – 3HSP

Performance Plan

Targets must demonstrate constant or improved performance 

over 3-year period, based on most recent data available

Provide for each performance measure: current safety levels; targets 

showing constant or improved performance; how each target is datadriven; identical SHSO/State DOT fatality, fatality rate, & serious 

injuries targets; targets for all program areas
What Might Constant or Improved Look Like?

Use the most recent data available to determine your current safety level

Total fatalities:

Actual 5-year Avg In progress Projections

2018 2019 2020 2021 2022* 2018-2022 2023 2024 2025 2026

110 108 106 99 100 104.6 95 93 91 89

Establish target using current safety data

New Target – Constant Example

(rolling avg. ending in 2026)

New Target – Improved Example

(rolling avg. ending in 2026)

104.6 93.6

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• Constant = maintaining current numbers of fatalities

• Improved = bringing fatalities down

• Use data to justify, don’t assume that constant is a default option
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§ 1300.11 – 3HSP

Countermeasure strategy for programming funds

Describe link between problem identification and countermeasure strategy

List and justify all countermeasures

Identify target(s) the countermeasure strategy will address

Describe link between countermeasure strategy effectiveness and performance target(s) 

Estimate a planned 3-year allocation of Federal funds

Describe considerations for what projects to fund

Describe how the countermeasure strategy was informed by the Uniform Guidelines and 

programmatic assessments
Elements of a countermeasure strategy for programming 

funds

Strategy Underage Drinking and Driving Prevention and Enforcement

Problem (link to strategy) Drivers ages 15-20 overrepresented in alcohol/drug related fatalities

Countermeasures (and 

justification)

• Zero-tolerance law enforcement – CTW 3 stars citation

• Youth programs – Research data citation

Target (link to strategy) Reduce drivers ages 20 and younger involved in fatal crashes by 8%

from 109 to 100 by 2026

Estimated 3-year funding

allocation

$100,000; BIL 405(d)

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Strategy to project 

considerations

• Sociodemographic data

• Location(s)

• Affected communities, potentially affected communities

• Partnerships

• Uniform Guidelines or program assessment
3HSP Approval/Disapproval Process

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NHTSA Review to be Complete within 60 Days from Submission

Regions may request additional information during review 

NHTSA may extend review period, where appropriate

If disapproved, resubmission within 30 days
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Planning

process &

problem ID

Public 

participation 

& 

engagement

Performance 

Plan

Countermeasure

strategy

Performance 

report

3HSP
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§ 1300.12 – Annual Grant Application
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§ 1300.12 – Annual Grant 

Application (AGA)

• First AGA due August 1, 2023;

addresses Federal Fiscal Year 2024

• 4 components

• Streamlined amendment process = only

certain project changes require approval

(1300.32)

• Any conditions or limitations placed on 

the use of funds will be closely monitored 

to ensure required follow-up action is 

taken
§ 1300.12 – Annual Grant Application (AGA)

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Updates to 3HSP

Project and

subrecipient

information

Section 405 grant

and Section 1906 

racial profiling data 

collection grant 

applications

Certifications and 

assurances
§ 1300.12 – Annual Grant Application (AGA)

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Required: Adjustments to 

countermeasure strategy for 

programming funds.

Optional: Changes to problem ID, 

public participation and 

engagement strategy, performance 

measures

Updates to 3HSP

Must follow the framework for providing information in the 3HSP

The State may not amend existing performance targets (except common 

targets)
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§ 1300.12 – Annual Grant Application (AGA)

Project and subrecipient information

• Project name and description, 

including, at a minimum, a 

description of activities 

conducted, location where the 

project is performed, and 

affected communities

• Federal funding source(s)

• Project agreement number

• Subrecipient(s)

• Amount of Federal funds

• Eligible use of funds

• Planning and Administration 

costs (if applicable)

• Whether the project is a

promised project

• The countermeasure strategy or 

strategies for programming 

funds identified in the most 

recently submitted (or updated) 

triennial HSP
§ 1300.12 – Annual Grant Application (AGA)

Project and subrecipient information

Project name and description “Supporting Child Passenger Safety for 

Economically Disadvantaged Communities”

Providing education and loaner child safety seats (CSS) to low-income 

families in Berwyn Heights, Adelphi, White Oak and Hillandale. The 

project will purchase CSS, recert 5 technicians, salary and educational 

materials. Health Department will cover cost to promote the program.

Federal funding source(s) BIL 405b

Project agreement number M2-2024-01-00-31

Subrecipient(s) Prince George’s County Health Department

Organization type County Health Department

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§ 1300.12 – Annual Grant Application (AGA)

Project and subrecipient information

Amount of Federal funds $35,000

Eligible use of funds Train Child Passenger Safety (CPS) technicians, 

CPS education, and distribution of child safety seats 

to low income and underserved communities

Planning and Administration costs (if applicable) No

Whether the project is a promised project No

The countermeasure strategy or strategies for 

programming funds

Child passenger safety education for low-income 

populations

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§ 1300.12 – Annual Grant 

Application (AGA)

Includes Sections 405 grants and 1906 

racial profiling data collection grant 

applications
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§ 1300.12 – Annual Grant Application (AGA)

Amendments (1300.32)

• States may amend the annual 

grant application throughout the 

fiscal year of the grant to add 

additional projects or to update 

project information for previously 

submitted projects.

• States may also submit 

amendment for triennial HSP 

elements

• Must be consistent with triennial 

HSP and constitute an 

appropriate use of highway 

safety funds.
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§ 1300.12 – Annual Grant Application (AGA)

Amendments (1300.32)

Timing 

and 

Format

• All required project and subrecipient information must be complete

before beginning project performance and must be completely updated

at the time the State submits the annual report

• Must provide complete and updated information.

Regional 

approval

Requires approval:

• Any change not specifically excluded, including:

• New projects/removal of projects

• Project information subject to pre-approval (per Super Circular)

• Project name and description

• Link to countermeasure strategy

• Funding source
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§ 1300.13 – Planning and Administration, 

Local Expenditure & Other Items
§ 1300.13 – Planning and Administration (P&A)

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• Increased 

to 18%

• All other rules/restrictions on

use of funds for P&A remain

unchanged
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§ 1300.13 – Local Expenditure

• At least 40% of a State’s 402 apportionment must be expended by 

political subdivisions (95% for Bureau of Indian Affairs)

• There are two ways to comply with this requirement:

• Direct expenditures – OR ---

• Expenditure on behalf of a political subdivision
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§ 1300.13 – Local Expenditure

Expenditure by state on behalf of political subdivision:

1. Specific political subdivision is involved in the planning process, 

the State enters into agreements based on the need identified by 

the political subdivision, and the political subdivision provides 

written confirmation of acceptance of the project

2. Request from the political subdivision to execute a project on their 

behalf (identifying need and activity requested).
§ 1300.13 – Local Expenditure Example

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Marijuana-Impaired Driving

States that have legalized medicinal 

or recreational marijuana shall 

consider programs to:

• Educate on the risks 

associated with marijuanaimpaired driving;

• Reduce injuries and deaths 

related to marijuana-impaired 

driving.
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Unattended Passengers

Program

States must use a portion of 

grant fund to educate the public 

regarding the risks of vehicular 

hyperthermia.

Teen Traffic Safety Program

States may use a portion of 

grant funds to implement 

statewide efforts to improve 

traffic safety for teen drivers.

Prohibition on Check 

for Helmet Usage

Maintains the restriction on 

using grant funds for programs 

to check helmet usage or to 

create checkpoints that 

specifically target motorcyclists.
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Automated Traffic 

Enforcement Systems

Allows for automated enforcement

systems in school zones and work

zones

States must follow State and/or

local requirements for use.

Any ATES system installed using 

grant funds must comply with 

guidelines established by the 

Secretary.
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§ 1300.35 – Annual Report
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§ 1300.35 – Annual Report 

(AR)

• Submission deadline extended to 

January 28 (120 days following end 

of federal fiscal year)

• Must include a performance report 

and an activity report

• NHTSA expects analysis of how the

State’s efforts impacted their 

performance goals and project 

implementation
§ 1300.35 – AR Performance

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Assess progress in achieving performance targets

Describe how progress aligns with the triennial HSP 

objectives

Describe how the funded projects contributed to 

meeting targets

If not on track, explain strategy adjustments for 

programming funds or explain why adjustments aren’t 

needed to achieve the performance targets
§ 1300.35 – AR Activity

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Explain reasons why projects weren’t implemented

Describe public participation and engagement efforts carried 

out and how those efforts informed projects implemented

Describe the evidence-based enforcement program 

Submit mobilization participation information
Subpart E – Annual Reconciliation

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Request for an extension for 

final voucher submission 

limited to “extraordinary 

circumstances” (1300.40)

• Unexpected and rare 

situations such as a natural 

disaster

Process for promised 

projects unchanged

• States are reminded to limit 

carry-over amounts to protect 

against lapse and deobligation
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§ 1300.21-29 – National Priority Safety 

Program and Racial Profiling Data 

Collection Grants
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Maintenance of Effort

BIL eliminated the maintenance of effort 

requirement for the:

• Occupant Protection

• State Traffic Safety Information System 

Improvements; and

• Impaired Driving Countermeasures grants
§ 1300.21 – Occupant Protection (OP) grants

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Qualifications Eligible Use of Funds

All States:

• Occupant protection plan

• National Click-it-or-Ticket mobilization 

participation

• Active network of Child Passenger Safety 

(CPS) inspection stations/events

• Sufficient number of CPS technicians

Lower Seat Belt Use Rate States (add 3 of the 

below):

• Primary enforcement seat belt use law

• Occupant protection law

• Conduct sustained seat belt enforcement

• High risk population countermeasure programs

• Comprehensive OP program

• OP assessment conducted within 5-years

• High Visibility Enforcement (HVE) mobilizations

• Train safety professionals and parents on OP/child 

restraints

• Educate the public on child restraints

• Provide community CPS services

• Support low-income and underserved populations by:

• Recruiting/training CPS technicians

• Educating caregivers

• Implementing programs to purchase/distribute 

child restraints

• Support OP data and information systems

• At least 10% percent of funds must be used to

implement CPS programs for low-income and

underserved populations
1300.22 – Traffic Safety Information System grants

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Qualifications

State has:

• Functioning Traffic Records

Coordinating Committee (TRCC) that

meets at least three times a year*

• Designated a TRCC coordinator;*

• State traffic records strategic plan,

updated annually, approved by the

TRCC*

• Demonstrated quantitative improvement

in a data attribute with supporting

documentation

*Certification only

• Software or applications to identify, collect, and

report data, and to enter data into State core

highway safety databases;

• Equipment to improve the process for data

identification, collation and reporting;

• Improve compatibility and interoperability of

core highway safety databases;

• Enhance ability to observe and analyze trends;

• Support traffic records improvement training;

• Hiring traffic records professionals to improve

traffic information systems (FARS liaison);

• Adoption of Model Minimum Uniform Crash

Criteria (MMUCC)

• Supporting reporting related to emerging topics

• Traffic records systems research

Eligible Use of Funds
§ 1300.23 Impaired Driving grants

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Impaired Driving

All States:

• Assurances

Mid-Range

• Impaired Driving Task Force

• Impaired Driving Strategic Plan

High-Range

• Impaired Driving Task Force

• Impaired Driving Strategic Plan, expanded

• NHTSA-facilitated assessment

Submit your Statewide impaired driving plan as a single document

Offers flexibility for mid- and high- range states for FY24 applications
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§ 1300.23 Impaired Driving grants (Ignition Interlock)

Alcohol Ignition Interlock

• Apply based on state law(s)

• Three ways to comply (two new):

• Mandatory interlock for all individuals convicted of DUI;

• Restrict driving privileges of all individuals convicted of DUI until they install an interlock on 

each vehicle registered, owned, or leased; or

• Mandatory interlock for all individuals who refused a drug/alcohol test plus compliancebased removal program.

• Only 3 exceptions
§ 1300.23 Impaired Driving grants (24-7 Sobriety Program)

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24-7 Sobriety Program

• Apply based on law(s) or programs

• Two ways to comply:

• Mandatory restriction on driving privileges for 30 days; or

• Statewide 24-7 sobriety program.
§ 1300.23 Impaired Driving Grants: Eligible Use of Funds

Eligible Use of Funds

• High-visibility enforcement (HVE) efforts

• Impaired driving coordinator

• Court support

• Ignition interlock programs

• Improving screening and testing, and reporting

• Paid and earned media in support of HVE, training (SFST, ARIDE and DRE), and equipment 

for enforcement

• Training on screening and brief intervention, on impaired driving assessment programs or other 

tools related to recidivism and treatment

• Development of impaired driving information systems

• 24-7 sobriety program

• Testing and implementing programs and purchasing technologies to identify, monitor or treat 

impaired drivers.

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§ 1300.24 – Distracted Driving Grants

Qualifications Eligible Use of Funds

Distracted driving awareness: Submitting

sample distracted driving questions from 

driver’s license exam.

Distracted driving laws that prohibit (must

comply with one of four):

• Prohibit texting while driving

• Prohibit handheld phone use while driving

• Prohibit cell phone use by driver under 18

years of age

• Prohibit viewing personal communication 

device while driving

• Educate public through advertising with 

information about the dangers of texting or 

using a cell phone while driving

• Traffic signs about distracted driving law of the 

State

• Law enforcement costs related to enforcement 

of the distracted driving law
§ 1300.25 – Motorcyclist Safety Grant

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Qualifications

Must meet two: •

• Motorcycle rider training course

• Motorcyclist awareness program •

• Helmet law for riders under 18

• Reduction of fatalities and crashes 

involving motorcycles

• Impaired motorcyclist driving program

• Reduction of fatalities and crashes 

involving impaired motorcyclists

• Use of fees collected from motorcyclists 

for motorcycle programs

Eligible Use of Funds

Improvements to motorcyclist safety training 

curricula;

Improvements in program delivery of 

motorcycle training to both urban and rural 

areas

• Measures designed to increase the 

recruitment or retention of motorcyclist safety 

training instructors

• Public awareness, public service 

announcements, and other outreach programs 

to enhance driver awareness of motorcyclists, 

including “share-the-road” safety messages
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§ 1300.26 – Nonmotorized Safety Grants

Qualifications

15% of the total annual crash fatalities

• Combined nonmotorized fatalities exceed

•

•

BIL expands the definition of a nonmotorized user.

Submit project and subrecipient

information based on eligible uses

Eligible Use of Funds

Relating to non-motorized safety: 

• Training of law enforcement officials

• Enforcement mobilizations and campaigns

• Public education and awareness programs

• Speed management

• Value of nonmotorized road user safety

equipment (and any laws requiring use)

• Responsibility of motorists

• Infrastructure designed to improve nonmotorized safety

• Data collection and maintenance of data

systems
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§ 1300.29 – Racial Profiling Data Collection

Qualifications Eligible Use of Funds

• Official documents demonstrating that the State

maintains and allows public inspection of driver

race and ethnicity for all motor vehicle stops; or

• Assurances that the State will undertake 

activities to maintain and allow public inspection 

of driver race and ethnicity for all motor vehicle 

stops

• Increased funding (cap) available for states

qualifying under official documents.

States qualify by submitting official documents or • Collecting and maintaining data on traffic stops

project assurances:

• Evaluating the results of the data

• Developing and implementing programs, public

outreach, and training to reduce the impact of traffic

stops
§ 1300.27 – Preventing Roadside Deaths Grants

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Qualifications Eligible Use of Funds

• Digital alert technology

• Public education

• Enforcement of law

• Data collection and reporting

• Pilot and incentivize measures to increase 

visibility of stopped vehicles

Plan that describes the method by which the 

State will use grant funds, including:

• Problem ID, performance 

measures/targets, countermeasure 

strategies

• List of projects the state plans to implement
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§ 1300.28 – Driver and Officer Safety Education Grants

Eligible Use of Funds

Educational materials for driver education or 

officer training.

• Training of staff for driver education and driving 

safety courses and peace officer training

• Implementation of driver and officer safety laws or 

programs

Qualifications

Documentation demonstrating compliance: •

• Law(s) or program requiring driver education 

and safety courses that include information 

relating to law enforcement practices during 

traffic stops, OR

• Law(s) or program requiring training program 

for peace officers with respect to proper 

interaction with civilians during traffic stops.

• May also apply showing meaningful steps 

towards full implementation of such a law or 

program
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Review: 3HSP, Annual Grant Application, 

Annual Reconciliation & Annual Report
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Triennial Highway 

Safety Plan

Annual 

Grant 

Application

August 1

Annual 

Reconciliation

Annual 

Report

January 28

July 1
Training Opportunities

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What additional training will you need?
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Thank you