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23 U.S.C. § 405

National priority safety programs

United States · Title 23 — HIGHWAYS · Status: effective

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23 U.S.C. § 405, National priority safety programs, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/459129
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Subject to the requirements of this section, the Secretary shall— A State with an observed seat belt use rate of 90 percent or higher, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if the State— A State with an observed seat belt use rate below 90 percent, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if— the Secretary determines that the State meets at least 3 of the following criteria: The State has implemented a comprehensive occupant protection program in which the State has— The State— Grant funds received pursuant to this subsection may be used to— implement programs— Each State that is eligible to receive funds— under paragraph (3)(A) shall use— In this subsection: The term “child restraint” means any device (including child safety seat, booster seat, harness, and excepting seat belts) that is— The term “seat belt” means— Subject to the requirements under this subsection, the Secretary shall award grants to States to support the development and implementation of effective State programs that— A State shall not be eligible to receive a grant under this subsection for a fiscal year unless the State— has certified to the Secretary that the State— has demonstrated quantitative progress in relation to the significant data program attribute of— A State may use a grant received under this subsection to make data program improvements to core highway safety databases relating to quantifiable, measurable progress in any significant data program attribute described in paragraph (3)(B), including through— supporting reporting criteria relating to emerging topics, including— Subject to the requirements under this subsection, the Secretary of Transportation shall award grants to States that adopt and implement— A mid-range State shall be eligible for a grant under this subsection if— A high-range State shall be eligible for a grant under this subsection if the State— convenes, during the first year of the grant, a statewide impaired driving task force to develop a statewide plan that— High-range States shall use grant funds for— any of the activities described in subparagraph (B) if— Medium-range and low-range States may use grant funds for— court support of impaired driving prevention efforts, including— testing and implementing programs, and purchasing technologies, to better identify, monitor, or treat impaired drivers, including— A State may use grant funds for any expenditure relating to— increasing the timely and accurate reporting to Federal, State, and local databases of— The Secretary shall make a separate grant under this subsection to each State that— has in effect, and is enforcing— a compliance-based removal program, under which an individual convicted of driving under the influence of alcohol or of driving while intoxicated shall— The Secretary shall make a separate grant under this subsection to each State that— A State alcohol-ignition interlock law under subparagraph (A) may include exceptions for the following circumstances: In this subsection: The term “24-7 sobriety program” means a State law or program that authorizes a State or local court or an agency with jurisdiction, as a condition of bond, sentence, probation, parole, or work permit, to— require the individual to be subject to testing for alcohol or drugs— In this subsection: The term “driving”— The term “personal wireless communications device” means— The term “text” means— The term “text message” means— The term “text message” does not include— For each fiscal year, not less than 50 percent of the amounts made available to carry out this subsection shall be allocated to States, based on the proportion that— In addition to the allocations under subparagraph (A), for each fiscal year, not more than 50 percent of the amounts made available to carry out this subsection shall be allocated to States that enact and enforce a law that meets the requirements of paragraph (4), (5), or (6)— based on the proportion that— A State law meets the requirements of this paragraph if the law— A State law meets the requirements of this paragraph if the law— A State law meets the requirements of this paragraph if the law— prohibits a driver from using a personal wireless communications device while driving if the driver is— does not provide for— A law that meets the requirements of paragraph (4), (5), or (6) may provide exceptions for— emergency services personnel who use a personal wireless communications device while— except for a law described in paragraph (6), the use of a personal wireless communications device— Except as provided in subparagraph (B), amounts received by a State under this subsection shall be used— A State becomes eligible for a grant under this subsection by adopting or demonstrating to the satisfaction of the Secretary, at least 2 of the following criteria: An effective motorcycle rider training course that is offered throughout the State, which— A State may use funds from a grant under this subsection only for motorcyclist safety training and motorcyclist awareness programs, including— improvements in program delivery of motorcycle training to both urban and rural areas, including— In this subsection: The term “motorcyclist awareness” means individual or collective awareness of— In this subsection, the term “nonmotorized road user” means— Grant funds received by a State under this subsection may be used for the safety of nonmotorized road users, including— public education and awareness programs designed to inform motorists and nonmotorized road users regarding— Amounts received by a State under this subsection shall be used by the State— to purchase and deploy digital alert technology that— In this subsection, the term “peace officer” includes any individual— who has the authority— Subject to the requirements of this subsection, the Secretary shall provide grants to— A law or program referred to in paragraph (2)(A) is a law or program that requires 1 or more of the following: The inclusion, in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the State, of instruction and testing relating to law enforcement practices during traffic stops, including information relating to— A State may use a grant provided under this subsection for— In this paragraph, the term “qualifying State” means a State that— as determined by the Secretary— The Secretary shall—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.