-CITE-

23 USC CHAPTER 4 - HIGHWAY SAFETY 01/06/03

-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. School bus driver training.

407. Innovative project grants.

408. Alcohol traffic safety programs.

409. Discovery and admission as evidence of certain reports

and surveys.

410. Alcohol-impaired driving countermeasures.

411. State highway safety data improvements.

AMENDMENTS

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incentive grants" for "Repealed" in item 405 and added item 411.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Stat. 442, substituted item 405 "Repealed" for "Federal-aid safer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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 110 of this title; title

49 sections 104, 105.

-End-

-CITE-

23 USC Sec. 401 01/06/03

-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'."

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. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 153 of this title.

-End-

-CITE-

23 USC Sec. 402 01/06/03

-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 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 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 (6)

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, 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); and

(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.

(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 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. 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 three-fourths of 1 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.

-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.)

-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.

-MISC1-

AMENDMENTS

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 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.

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,

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.

"(D) 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 2003.

"(E) 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 153, 154, 163, 164, 403,

404, 405, 406, 408, 410, 411 of this title; title 42 section 7544;

title 49 sections 30308, 31107.

-End-

-CITE-

23 USC Sec. 403 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 4 - HIGHWAY SAFETY

-HEAD-

Sec. 403. Highway safety research and development

-STATUTE-

(a) Authority of the Secretary. -

(1) In general. - The Secretary is authorized to use funds

appropriated to carry out this section to engage in research on

all phases of highway safety and traffic conditions.

(2) Additional authority. - 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 -

(A) training or education of highway safety personnel,

including training in work zone safety management,

(B) research fellowships in highway safety,

(C) development of improved accident investigation

procedures,

(D) emergency service plans,

(E) demonstration projects, and

(F) related research and development activities which the

Secretary deems will promote the purposes of this section.

(3) Safety defined. - As used in this section, the term

"safety" includes highway safety and highway safety-related

research and development, including research and development

relating to highway and driver characteristics, crash

investigations, communications, emergency medical care, and

transportation of the injured.

(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.

(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.

-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.)

-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

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 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.

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 App. U.S.C.] 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 110, 402 of this title.

-End-

-CITE-

23 USC Sec. 404 01/06/03

-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 Commerce (!1) 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.)

-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

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.

-FOOTNOTE-

(!1) So in original. Probably should be "Transportation".

-End-

-CITE-

23 USC Sec. 405 01/06/03

-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

Transportation Equity Act for the 21st Century.

(3) Maximum period of eligibility. - No State may receive

grants under this section in more than 6 fiscal years beginning

after September 30, 1997.

(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 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 and sixth fiscal years 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 25

percent of the amount apportioned to the State for fiscal year 1997

under section 402.

(d) 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.

(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.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Transportation Equity Act for the

21st Century, referred to in subsec. (a)(2), is the date of

enactment of Pub. L. 105-178, which was approved June 9, 1998.

-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.

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 410 of this title.

-End-

-CITE-

23 USC Sec. 406 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 4 - HIGHWAY SAFETY

-HEAD-

Sec. 406. School bus driver training

-STATUTE-

(a) The Secretary is authorized to make grants to the States for

the purpose of carrying out State programs approved by him of

driver education and training for persons driving school buses.

(b) A State program under this section shall be approved by the

Secretary if such program -

(1) provides for the establishment and enforcement of

qualifications for persons driving school buses;

(2) provides for initial education and training and for

refresher courses;

(3) provides for periodic reports to the Secretary on the

results of such program; and

(4) includes persons driving publicly operated, and persons

driving privately operated, school buses.

(c) Not less than $7,500,000 of the sums authorized to carry out

section 402 of this title for fiscal year 1976 shall be obligated

to carry out this section. Not less than $7,000,000 of the sums

authorized to carry out section 402 of this title for each of the

fiscal years 1977 and 1978 shall be obligated to carry out this

section. All sums authorized to carry out this section shall be

apportioned among the States in accordance with the formula

established under subsection (c) of section 402 of this title, and

shall be available for obligation in the same manner and to the

same extent as if such funds were apportioned under such subsection

(c). The Federal share payable on account of any project to carry

out a program under this section shall not exceed 75 per centum of

the cost of the project.

-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.)

-MISC1-

AMENDMENTS

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 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 01/06/03

-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 01/06/03

-EXPCITE-

TITLE 23 - HIGHWAYS

CHAPTER 4 - HIGHWAY SAFETY

-HEAD-

Sec. 408. Alcohol traffic safety programs

-STATUTE-

(a) Subject to the provisions of this section, the Secretary

shall make grants to those States which adopt and implement

effective programs to reduce traffic safety problems resulting from

persons driving while under the influence of alcohol or a

controlled substance. Such grants may only be used by recipient

States to implement and enforce such programs.

(b) No grant may be made to a State under this section in any

fiscal year unless such State enters into such agreements with the

Secretary as the Secretary may require to ensure that such 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 two fiscal years preceding the date of

enactment of this section.

(c) No State may receive grants under this section in more than 5

fiscal years. The Federal share payable for any grant under this

section shall not exceed -

(1) in the first fiscal year the State receives a grant under

this section, 75 per centum of the cost of implementing and

enforcing in such fiscal year the alcohol and controlled

substance traffic safety program adopted by the State pursuant to

subsection (a);

(2) in the second fiscal year the State receives a grant under

this section, 50 per centum of the cost of implementing and

enforcing in such fiscal year such program; and

(3) in the third, fourth, and fifth fiscal years the State

receives a grant under this section, 25 per centum of the cost of

implementing and enforcing in such fiscal year such program.

(d)(1) Subject to subsection (c), the amount of a basic grant

made under this section for any fiscal year to any State which is

eligible for such a grant under subsection (e)(1) shall equal 30

per centum of the amount apportioned to such State for fiscal year

1983 under section 402 of this title.

(2) Subject to subsection (c), the amount of a supplemental grant

made under this section for any fiscal year to any State which is

eligible for such a grant under subsection (e)(2) shall not exceed

20 per centum of the amount apportioned to such State for fiscal

year 1983 under section 402 of this title. Such supplemental grant

shall be in addition to any basic grant received by such State.

(3) Subject to subsection (c), the amount of a special grant made

under this section for any fiscal year to any State which is

eligible for such a grant under subsection (e)(3) shall not exceed

5 per centum of the amount apportioned to such State for fiscal

year 1984 under sections 402 and 408 of this title. Such grant

shall be in addition to any basic or supplemental grant received by

such State.

(e)(1) For purposes of this section, a State is eligible for a

basic grant if such State provides -

(A) for the prompt suspension, for a period not less than

ninety days in the case of a first offender and not less than one

year in the case of any repeat offender, of the driver's license

of any individual who a law enforcement officer has probable

cause under State law to believe has committed an alcohol-related

traffic offense, and (i) to whom is administered one or more

chemical tests to determine whether the individual was

intoxicated while operating the motor vehicle and who is

determined, as a result of such tests, to be intoxicated, or (ii)

who refuses to submit to such a test as proposed by the officer;

(B) for a mandatory sentence, which shall not be subject to

suspension or probation, of (i) imprisonment for not less than

forty-eight consecutive hours, or (ii) not less than ten days of

community service, of any person convicted of driving while

intoxicated more than once in any five-year period;

(C) that any person with a blood alcohol concentration of 0.10

percent or greater when driving a motor vehicle shall be deemed

to be driving while intoxicated; and

(D) for increased efforts or resources dedicated to the

enforcement of alcohol-related traffic laws and increased efforts

to inform the public of such enforcement.

(2) For purposes of this section, a State is eligible for a

supplemental grant if such State is eligible for a basic grant and

in addition provides for some or all of the criteria established by

the Secretary under subsection (f).

(3) For the purposes of this section, a State is eligible for a

special grant if the State enacts a statute which provides that -

(A) any person convicted of a first violation of driving under

the influence of alcohol shall receive -

(i) a mandatory license suspension for a period of not less

than ninety days; and either

(ii)(I) an assignment of one hundred hours of community

service; or

(II) a minimum sentence of imprisonment for forty-eight

consecutive hours;

(B) any person convicted of a second violation of driving under

the influence of alcohol within five years after a conviction for

the same offense, shall receive a mandatory minimum sentence of

imprisonment for ten days and license revocation for not less

than one year;

(C) any person convicted of a third or subsequent violation of

driving under the influence of alcohol within five years after a

prior conviction for the same offense shall -

(i) receive a mandatory minimum sentence of imprisonment for

one hundred and twenty days; and

(ii) have his license revoked for not less than three years;

and

(D) any person convicted of driving with a suspended or revoked

license or in violation of a restriction due to driving under the

influence of alcohol conviction shall receive a mandatory

sentence of imprisonment for at least thirty days, and shall upon

release from imprisonment, receive an additional period of

license suspension or revocation of not less than the period of

suspension or revocation remaining in effect at the time of

commission of the offense of driving with a suspended or revoked

license.

(f) The Secretary shall, by rule, establish criteria for

effective programs to reduce traffic safety problems resulting from

persons driving while under the influence of alcohol, which

criteria shall be in addition to those required for a basic grant

under subsection (e)(1). The Secretary shall establish such

criteria in cooperation with the States and political subdivisions

thereof, appropriate Federal departments and agencies, and such

other public and nonprofit organizations as the Secretary may deem

appropriate. Such criteria may include, but need not be limited to,

requirements -

(1) for the establishment and maintenance of a statewide driver

recordkeeping system from which repeat offenders may be

identified and which is accessible in a prompt and timely manner

to the courts and to the public;

(2) for the creation and operation of rehabilitation and

treatment programs for those arrested and convicted of driving

while intoxicated;

(3) for the impoundment of any vehicle operated on a State road

by any individual whose driver's license is suspended or revoked

for an alcohol-related driving offense;

(4) for the establishment in each major political subdivision

of a State of locally coordinated alcohol traffic safety programs

which are administered by local officials and are financially

self-sufficient;

(5) for the grant of presentence screening authority to the

courts;

(6) for the setting of the minimum drinking age in such State

at twenty-one years of age;

(7) for the consideration of and, where consistent with other

provisions of State law and constitution the adoption of,

recommendations that the Presidential Commission on Drunk Driving

may issue during the period in which rules are being made to

carry out this section; and

(8) for the creation and operation of rehabilitation and

treatment programs for those arrested and convicted of driving

while under the influence of a controlled substance or for the

establishment of research programs to develop effective means of

detecting use of controlled substances by drivers.

(g) There is hereby authorized to be appropriated to carry out

this section, out of the Highway Trust Fund, $25,000,000 for the

fiscal year ending September 30, 1983, and $50,000,000 per fiscal

year for each of the fiscal years ending September 30, 1984, and

September 30, 1985. All provisions of chapter 1 of this title that

are applicable to Federal-aid primary highway funds, other than

provisions relating to the apportionment formula and provisions

limiting the expenditures of such funds to 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 sums authorized by

this subsection shall remain available until expended. Sums

authorized by this subsection shall not be subject to any

obligation limitation for State and community highway safety

programs.

-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.)

-MISC1-

AMENDMENTS

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).

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."

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."

REGULATIONS; CONGRESSIONAL VETO OF SUPPLEMENTAL GRANTS

Section 101(c) of Pub. L. 97-364 provided that: "The Secretary of

Transportation shall issue and publish in the Federal Register

proposed regulations to implement section 408 of title 23, United

States Code, not later than November 1, 1982. The Secretary shall

allow public comment and hold public hearings on the proposed

regulations to encourage maximum citizen participation. The final

regulations shall be issued, published in the Federal Register, and

transmitted to Congress before February 1, 1983. To the extent such

regulations relate to the making of basic grants under such section

408, such regulations shall become effective on the date on which

they are published in the Federal Register. To the extent such

regulations relate to the making of supplemental grants under such

section 408, such regulations shall become effective April 1, 1983,

unless before such date either House of Congress by resolution

disapproves such regulations to such extent. If such regulations

are so disapproved by either House of Congress, the Secretary shall

not obligate for such supplemental grants any amount authorized to

carry out such section 408 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 this

Act [Oct. 25, 1982]."

-End-

-CITE-

23 USC Sec. 409 01/06/03

-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 152

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.)

-MISC1-

AMENDMENTS

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 01/06/03

-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 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 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

Transportation Equity Act for the 21st Century.

(3) Maximum period of eligibility. - No State may receive

grants under this section in more than 6 fiscal years beginning

after September 30, 1997.

(4) 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 and sixth fiscal years in which the

State receives a grant under this section, 25 percent.

(b) Basic Grant Eligibility. -

(1) Basic grant a. - A State shall become eligible for a grant

under this paragraph by adopting or demonstrating to the

satisfaction of the Secretary at least 5 of the following:

(A) 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 -

(i) 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) shall 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; and

(II) shall 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; and

(ii) the suspension and revocation referred to under clause

(i) shall take effect not later than 30 days after the day 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.

(B) Underage drinking program. - An effective system, 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 system may include

the issuance of drivers' licenses to individuals under age 21

that are easily distinguishable in appearance from drivers'

licenses issued to individuals age 21 or older and the issuance

of drivers' licenses that are tamper resistant.

(C) Enforcement program. - Either -

(i) a statewide program for stopping motor vehicles on a

nondiscriminatory, lawful basis for the purpose of

determining whether the operators of such motor vehicles are

driving while under the influence of alcohol; or

(ii) a statewide special traffic enforcement program for

impaired driving that emphasizes publicity for the program.

(D) Graduated licensing system. - A 3-stage graduated

licensing system for young drivers that includes nighttime

driving restrictions during the first 2 stages, requires all

vehicle occupants to be properly restrained, and makes it

unlawful for a person under age 21 to operate a motor vehicle

with a blood alcohol concentration of .02 percent or greater.

(E) Drivers with high bac. - Programs to target individuals

with high blood alcohol concentrations who operate a motor

vehicle. Such programs may include implementation of a system

of graduated penalties and assessment of individuals convicted

of driving under the influence of alcohol.

(F) Young adult drinking programs. - Programs to reduce

driving while under the influence of alcohol by individuals age

21 through 34. Such programs may include awareness campaigns;

traffic safety partnerships with employers, colleges, and the

hospitality industry; assessments of first-time offenders; and

incorporation of treatment into judicial sentencing.

(G) Testing for bac. - An effective system for increasing the

rate of testing of the blood alcohol concentrations of motor

vehicle drivers involved in fatal accidents and, in fiscal year

2001 and each fiscal year thereafter, a rate of such testing

that is equal to or greater than the national average.

(2) Basic grant b. - A State shall become eligible for a grant

under this paragraph by adopting or demonstrating to the

satisfaction of the Secretary each of the following:

(A) Fatal impaired driver percentage reduction. - The

percentage of fatally injured drivers with 0.10 percent or

greater blood alcohol concentration in the State has decreased

in each of the 3 most recent calendar years for which

statistics for determining such percentages are available.

(B) Fatal impaired driver percentage comparison. - The

percentage of fatally injured drivers with 0.10 percent or

greater blood alcohol concentration in the State has been lower

than the average percentage for all States in each of the

calendar years referred to in subparagraph (A).

(3) Basic grant amount. - The amount of a basic grant made to a

State for a fiscal year under this subsection shall equal up to

25 percent of the amount apportioned to the State for fiscal year

1997 under section 402.

(c) Supplemental Grants. -

(1) In general. - Upon receiving an application from a State,

the Secretary may make supplemental grants to the State for

meeting 1 or more of the following criteria:

(A) Video equipment for detection of drunk drivers. - The

State provides for a program to acquire video equipment to be

used in detecting persons who operate motor vehicles while

under the influence of alcohol and in prosecuting those

persons, and to train personnel in the use of that equipment.

(B) Self-sustaining drunk driving prevention program. - The

State provides for a self-sustaining drunk driving prevention

program under which a significant portion of the fines or

surcharges collected from individuals apprehended and fined for

operating a motor vehicle while under the influence of alcohol

are returned to those communities which have comprehensive

programs for the prevention of such operations of motor

vehicles.

(C) Reducing driving with a suspended license. - The State

enacts and enforces a law to reduce driving with a suspended

license. Such law, as determined by the Secretary, may require

a "zebra" stripe that is clearly visible on the license plate

of any motor vehicle owned and operated by a driver with a

suspended license.

(D) Use of passive alcohol sensors. - The State provides for

a program to acquire passive alcohol sensors to be used by

police officers in detecting persons who operate motor vehicles

while under the influence of alcohol, and to train police

officers in the use of that equipment.

(E) Effective dwi tracking system. - The State demonstrates

an effective driving while intoxicated (DWI) tracking system.

Such a system, as determined by the Secretary, may include data

covering arrests, case prosecutions, court dispositions and

sanctions, and provide for the linkage of such data and traffic

records systems to appropriate jurisdictions and offices within

the State.

(F) Other programs. - The State provides for other innovative

programs to reduce traffic safety problems resulting from

individuals driving while under the influence of alcohol or

controlled substances, including programs that seek to achieve

such a reduction through legal, judicial, enforcement,

educational, technological, or other approaches.

(2) Eligibility. - A State shall be eligible to receive a grant

under this subsection in a fiscal year only if the State is

eligible to receive a grant under subsection (b) in such fiscal

year.

(3) Funding. - Of the amounts made available to carry out this

section in a fiscal year, not to exceed 10 percent shall be

available for making grants under this subsection.

(d) 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.

(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) 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.

-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.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Transportation Equity Act for the

21st Century, referred to in subsecs. (a)(2) and (b)(1)(A)(i), is

the date of enactment of Pub. L. 105-178, which was approved June

9, 1998.

-MISC1-

AMENDMENTS

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 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.

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."

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."

ISSUANCE OF REGULATIONS

Section 9002(c) of Pub. L. 100-690 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."

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."

-End-

-CITE-

23 USC Sec. 411 01/06/03

-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-