23 U.S.C. § 148 — Highway safety improvement program

Page 240 TITLE 23—HIGHWAYS § 148 ‘‘(f) FUNDING.—There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. ‘‘(g) OPERATING COSTS.— ‘‘(1) [Amended this section.] ‘‘(2) [Amended section 218 of this title.]’’ AUTHORIZATION OF APPROPRIATIONS Pub. L. 109–59, title I, § 1801(d), Aug. 10, 2005, 119 Stat. 1456, provided that: ‘‘In addition to amounts made available to carry out section 147 of title 23, United States Code, by section 1101 of this Act [119 Stat. 1153], there are authorized to be appropriated such sums as may be necessary to carry out such section 147 for fis- cal year 2006 and each fiscal year thereafter. Such funds shall remain available until expended.’’ § 148. Highway safety improvement program (a) DEFINITIONS.—In this section, the following definitions apply: (1) HIGH RISK RURAL ROAD.—The term ‘‘high risk rural road’’ means any roadway function- ally classified as a rural major or minor col- lector or a rural local road with significant safety risks, as defined by a State in accord- ance with an updated State strategic highway safety plan. (2) HIGHWAY BASEMAP.—The term ‘‘highway basemap’’ means a representation of all public roads that can be used to geolocate attribute data on a roadway. (3) HIGHWAY SAFETY IMPROVEMENT PRO- GRAM.—The term ‘‘highway safety improve- ment program’’ means projects, activities, plans, and reports carried out under this sec- tion. (4) HIGHWAY SAFETY IMPROVEMENT PROJECT.— (A) IN GENERAL.—The term ‘‘highway safe- ty improvement project’’ means strategies, activities, and projects on a public road that are consistent with a State strategic high- way safety plan and— (i) correct or improve a hazardous road location or feature; or (ii) address a highway safety problem. (B) INCLUSIONS.—The term ‘‘highway safe- ty improvement project’’ only includes a project for 1 or more of the following: (i) An intersection safety improvement that provides for the safety of all road users, as appropriate, including a multimodal roundabout. (ii) Pavement and shoulder widening (in- cluding addition of a passing lane to rem- edy an unsafe condition). (iii) Installation of rumble strips or an- other warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities. (iv) Installation of a skid-resistant sur- face at an intersection or other location with a high frequency of crashes. (v) An improvement for pedestrian or bi- cyclist safety or safety of persons with dis- abilities. (vi) Construction and improvement of a railway-highway grade crossing safety fea- ture, including installation of protective devices or a grade separation project. (vii) The conduct of a model traffic en- forcement activity at a railway-highway crossing. (viii) Construction or installation of fea- tures, measures, and road designs to calm traffic and reduce vehicle speeds. (ix) Elimination of a roadside hazard. (x) Installation, replacement, and other improvement of highway signage and pave- ment markings, or a project to maintain minimum levels of retroreflectivity, that addresses a highway safety problem con- sistent with a State strategic highway safety plan. (xi) Installation of a priority control sys- tem for emergency vehicles at signalized intersections. (xii) Installation of a traffic control or other warning device at a location with high crash potential. (xiii) Transportation safety planning. (xiv) Collection, analysis, and improve- ment of safety data. (xv) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforce- ment activities (including police assist- ance) relating to work zone safety. (xvi) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash at- tenuators. (xvii) The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife. (xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones. (xix) Construction and operational im- provements on high risk rural roads. (xx) Geometric improvements to a road for safety purposes that improve safety. (xxi) A road safety audit. (xxii) Roadway safety infrastructure im- provements consistent with the rec- ommendations included in the publication of the Federal Highway Administration entitled ‘‘Highway Design Handbook for Older Drivers and Pedestrians’’ (FHWA–RD–01–103), dated May 2001 or as subsequently revised and updated. (xxiii) Truck parking facilities eligible for funding under section 1401 of the MAP–21. (xxiv) Systemic safety improvements. (xxv) Installation of vehicle-to-infra- structure communication equipment. (xxvi) Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle move- ment phases to traffic signals. (xxvii) Roadway improvements that pro- vide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedes- trian crossing islands, protected bike lanes, and protected intersection features. (xxviii) A pedestrian security feature de- signed to slow or stop a motor vehicle. (xxix) A physical infrastructure safety project not described in clauses (i) through (xxviii). Page 241 TITLE 23—HIGHWAYS § 148 (5) MODEL INVENTORY OF ROADWAY ELE- MENTS.—The term ‘‘model inventory of road- way elements’’ means the listing and stand- ardized coding by the Federal Highway Admin- istration of roadway and traffic data elements critical to safety management, analysis, and decisionmaking. (6) PROJECT TO MAINTAIN MINIMUM LEVELS OF RETROREFLECTIVITY.—The term ‘‘project to maintain minimum levels of retroreflectivity’’ means a project that is designed to maintain a highway sign or pavement marking retroreflectivity at or above the minimum lev- els prescribed in Federal or State regulations. (7) ROAD SAFETY AUDIT.—The term ‘‘road safety audit’’ means a formal safety perform- ance examination of an existing or future road or intersection by an independent multidisci- plinary audit team. (8) ROAD USERS.—The term ‘‘road user’’ means a motorist, passenger, public transpor- tation operator or user, truck driver, bicy- clist, motorcyclist, or pedestrian, including a person with disabilities. (9) SAFE SYSTEM APPROACH.—The term ‘‘safe system approach’’ means a roadway design— (A) that emphasizes minimizing the risk of injury or fatality to road users; and (B) that— (i) takes into consideration the possi- bility and likelihood of human error; (ii) accommodates human injury toler- ance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to with- stand impact forces; and (iii) takes into consideration vulnerable road users. (10) SAFETY DATA.— (A) IN GENERAL.—The term ‘‘safety data’’ means crash, roadway, and traffic data on a public road. (B) INCLUSION.—The term ‘‘safety data’’ in- cludes, in the case of a railway-highway grade crossing, the characteristics of high- way and train traffic, licensing, and vehicle data. (11) SPECIFIED SAFETY PROJECT.— (A) IN GENERAL.—The term ‘‘specified safe- ty project’’ means a project carried out for the purpose of safety under any other sec- tion of this title that is consistent with the State strategic highway safety plan. (B) INCLUSION.—The term ‘‘specified safety project’’ includes a project that— (i) promotes public awareness and in- forms the public regarding highway safety matters (including safety for motorcy- clists, bicyclists, pedestrians, individuals with disabilities, and other road users); (ii) facilitates enforcement of traffic safety laws; (iii) provides infrastructure and infra- structure-related equipment to support emergency services; (iv) conducts safety-related research to evaluate experimental safety counter- measures or equipment; or (v) supports safe routes to school non- infrastructure-related activities described in section 208(g)(2). (12) STATE HIGHWAY SAFETY IMPROVEMENT PROGRAM.—The term ‘‘State highway safety improvement program’’ means a program of highway safety improvement projects, activi- ties, plans and reports carried out as part of the Statewide transportation improvement program under section 135(g). (13) STATE STRATEGIC HIGHWAY SAFETY PLAN.—The term ‘‘State strategic highway safety plan’’ means a comprehensive plan, based on safety data, developed by a State transportation department that— (A) is developed after consultation with— (i) a highway safety representative of the Governor of the State; (ii) regional transportation planning or- ganizations and metropolitan planning or- ganizations, if any; (iii) representatives of major modes of transportation; (iv) State and local traffic enforcement officials; (v) a highway-rail grade crossing safety representative of the Governor of the State; (vi) representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49; (vii) motor vehicle administration agen- cies; (viii) county transportation officials; (ix) State representatives of non- motorized users; and (x) other major Federal, State, tribal, and local safety stakeholders; (B) analyzes and makes effective use of State, regional, local, or tribal safety data; (C) addresses engineering, management, operation, education, enforcement, and emergency services elements (including in- tegrated, interoperable emergency commu- nications) of highway safety as key factors in evaluating highway projects; (D) considers safety needs of, and high-fa- tality segments of, all public roads, includ- ing non-State-owned public roads and roads on tribal land; (E) considers the results of State, regional, or local transportation and highway safety planning processes; (F) describes a program of strategies to re- duce or eliminate safety hazards; (G) includes a vulnerable road user safety assessment; (H) is approved by the Governor of the State or a responsible State agency; (I) is consistent with section 135(g); and (J) is updated and submitted to the Sec- retary for approval as required under sub- section (d)(2). (14) SYSTEMIC SAFETY IMPROVEMENT.—The term ‘‘systemic safety improvement’’ means an improvement that is widely implemented based on high-risk roadway features that are correlated with particular crash types, rather than crash frequency. (15) VULNERABLE ROAD USER.—The term ‘‘vulnerable road user’’ means a nonmotorist— (A) with a fatality analysis reporting sys- tem person attribute code that is included in Page 242 TITLE 23—HIGHWAYS § 148 the definition of the term ‘‘number of non- motorized fatalities’’ in section 490.205 of title 23, Code of Federal Regulations (or suc- cessor regulations); or (B) described in the term ‘‘number of non- motorized serious injuries’’ in that section. (16) VULNERABLE ROAD USER SAFETY ASSESS- MENT.—The term ‘‘vulnerable road user safety assessment’’ means an assessment of the safe- ty performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l). (b) PROGRAM.— (1) IN GENERAL.—The Secretary shall carry out a highway safety improvement program. (2) PURPOSE.—The purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fa- talities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. (c) ELIGIBILITY.— (1) IN GENERAL.—To obligate funds appor- tioned under section 104(b)(3) to carry out this section, a State shall have in effect a State highway safety improvement program under which the State— (A) develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety prob- lems and opportunities as provided in sub- sections (a)(13) and (d); (B) produces a program of projects or strategies to reduce identified safety prob- lems; and (C) evaluates the strategic highway safety plan on a regularly recurring basis in ac- cordance with subsection (d)(1) to ensure the accuracy of the data and priority of pro- posed strategies. (2) IDENTIFICATION AND ANALYSIS OF HIGHWAY SAFETY PROBLEMS AND OPPORTUNITIES.—As part of the State highway safety improvement pro- gram, a State shall— (A) have in place a safety data system with the ability to perform safety problem identi- fication and countermeasure analysis— (i) to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data on all pub- lic roads, including non-State-owned pub- lic roads and roads on tribal land in the State; (ii) to evaluate the effectiveness of data improvement efforts; (iii) to link State data systems, includ- ing traffic records, with other data sys- tems within the State; (iv) to improve the compatibility and interoperability of safety data with other State transportation-related data systems and the compatibility and interoperability of State safety data systems with data sys- tems of other States and national data systems; (v) to enhance the ability of the Sec- retary to observe and analyze national trends in crash occurrences, rates, out- comes, and circumstances; and (vi) to improve the collection of data on nonmotorized crashes and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pe- destrians, from other road users; (B) based on the analysis required by sub- paragraph (A)— (i) identify hazardous locations, sections, and elements (including roadside obsta- cles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists, vulner- able road users (including motorcyclists, bicyclists, pedestrians), and other highway users; (ii) using such criteria as the State de- termines to be appropriate, establish the relative severity of those locations, in terms of crashes (including crash rates), fatalities, serious injuries, traffic volume levels, and other relevant data; (iii) identify the number of fatalities and serious injuries on all public roads by loca- tion in the State; (iv) identify highway safety improve- ment projects on the basis of crash experi- ence, crash potential, crash rate, or other data-supported means; and (v) consider which projects maximize op- portunities to advance safety; (C) adopt strategic and performance-based goals that— (i) address traffic safety, including be- havioral and infrastructure problems and opportunities on all public roads; (ii) focus resources on areas of greatest need; and (iii) are coordinated with other State highway safety programs; (D) advance the capabilities of the State for safety data collection, analysis, and inte- gration in a manner that— (i) complements the State highway safe- ty program under chapter 4 and the com- mercial vehicle safety plan under section 31102 of title 49; (ii) includes all public roads, including public non-State-owned roads and roads on tribal land; (iii) identifies hazardous locations, sec- tions, and elements on all public roads that constitute a danger to motorists (in- cluding motorcyclists), bicyclists, pedes- trians, persons with disabilities, and other highway users; (iv) includes a means of identifying the relative severity of hazardous locations de- scribed in clause (iii) in terms of crashes (including crash rate), serious injuries, fa- talities, and traffic volume levels; (v) improves the ability of the State to identify the number of fatalities and seri- ous injuries on all public roads in the State with a breakdown by functional clas- sification and ownership in the State; and (vi) improves the ability of the State to differentiate the fatalities and serious in- juries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users; Page 243 TITLE 23—HIGHWAYS § 148 (E)(i) determine priorities for the correc- tion of hazardous road locations, sections, and elements (including railway-highway crossing improvements), as identified through safety data analysis; (ii) identify opportunities for preventing the development of such hazardous condi- tions; and (iii) establish and implement a schedule of highway safety improvement projects for hazard correction and hazard prevention; and (F)(i) establish an evaluation process to analyze and assess results achieved by high- way safety improvement projects carried out in accordance with procedures and criteria established by this section; and (ii) use the information obtained under clause (i) in setting priorities for highway safety improvement projects. (d) UPDATES TO STRATEGIC HIGHWAY SAFETY PLANS.— (1) ESTABLISHMENT OF REQUIREMENTS.— (A) IN GENERAL.—Not later than 1 year after the date of enactment of the MAP–21, the Secretary shall establish requirements for regularly recurring State updates of strategic highway safety plans. (B) CONTENTS OF UPDATED STRATEGIC HIGH- WAY SAFETY PLANS.—In establishing require- ments under this subsection, the Secretary shall ensure that States take into consider- ation, with respect to updated strategic highway safety plans— (i) the findings of road safety audits; (ii) the locations of fatalities and serious injuries; (iii) the locations that do not have an empirical history of fatalities and serious injuries, but possess risk factors for poten- tial crashes; (iv) rural roads, including all public roads, commensurate with fatality data; (v) motor vehicle crashes that include fa- talities or serious injuries to pedestrians and bicyclists; (vi) the cost-effectiveness of improve- ments; (vii) improvements to rail-highway grade crossings; and (viii) safety on all public roads, includ- ing non-State-owned public roads and roads on tribal land. (2) APPROVAL OF UPDATED STRATEGIC HIGH- WAY SAFETY PLANS.— (A) IN GENERAL.—Each State shall— (i) update the strategic highway safety plans of the State in accordance with the requirements established by the Secretary under this subsection; and (ii) submit the updated plans to the Sec- retary, along with a detailed description of the process used to update the plan. (B) REQUIREMENTS FOR APPROVAL.—The Secretary shall not approve the process for an updated strategic highway safety plan unless— (i) the updated strategic highway safety plan is consistent with the requirements of this subsection and subsection (a)(13); and (ii) the process used is consistent with the requirements of this subsection. (3) PENALTY FOR FAILURE TO HAVE AN AP- PROVED UPDATED STRATEGIC HIGHWAY SAFETY PLAN.—If a State does not have an updated strategic highway safety plan with a process approved by the Secretary by August 1 of the fiscal year beginning after the date of estab- lishment of the requirements under paragraph (1), the State shall not be eligible to receive any additional limitation pursuant to the re- distribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after Au- gust 1 for each succeeding fiscal year until the fiscal year during which the plan is approved. (e) ELIGIBLE PROJECTS.— (1) IN GENERAL.—Funds apportioned to the State under section 104(b)(3) may be obligated to carry out— (A) any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail; (B) as provided in subsection (g); or (C) any project to maintain minimum lev- els of retroreflectivity with respect to a pub- lic road, without regard to whether the project is included in an applicable State strategic highway safety plan. (2) USE OF OTHER FUNDING FOR SAFETY.— (A) EFFECT OF SECTION.—Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects. (B) USE OF OTHER FUNDS.—States are en- couraged to address the full scope of the safety needs and opportunities of the States by using funds made available under other provisions of this title (except a provision that specifically prohibits that use). (3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY PROJECTS.— (A) IN GENERAL.—To advance the imple- mentation of a State strategic highway safe- ty plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects. (B) RULE OF CONSTRUCTION.—Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph. (C) EFFECT OF PARAGRAPH.— (i) REQUIREMENTS.—A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project. (ii) OTHER APPORTIONED PROGRAMS.— Nothing in this paragraph prohibits the use of funds made available under other provisions of this title for a specified safe- ty project that is a noninfrastructure project. (f) DATA IMPROVEMENT.— (1) DEFINITION OF DATA IMPROVEMENT ACTIVI- TIES.—In this subsection, the following defini- tions apply: (A) IN GENERAL.—The term ‘‘data improve- ment activities’’ means a project or activity Page 244 TITLE 23—HIGHWAYS § 148 to further the capacity of a State to make more informed and effective safety infra- structure investment decisions. (B) INCLUSIONS.—The term ‘‘data improve- ment activities’’ includes a project or activ- ity— (i) to create, update, or enhance a high- way basemap of all public roads in a State; (ii) to collect safety data, including data identified as part of the model inventory for roadway elements, for creation of or use on a highway basemap of all public roads in a State; (iii) to store and maintain safety data in an electronic manner; (iv) to develop analytical processes for safety data elements; (v) to acquire and implement roadway safety analysis tools; and (vi) to support the collection, mainte- nance, and sharing of safety data on all public roads and related systems associ- ated with the analytical usage of that data. (2) MODEL INVENTORY OF ROADWAY ELE- MENTS.—The Secretary shall— (A) establish a subset of the model inven- tory of roadway elements that are useful for the inventory of roadway safety; and (B) ensure that States adopt and use the subset to improve data collection. (g) SPECIAL RULES.— (1) HIGH-RISK RURAL ROAD SAFETY.—If the fa- tality rate on rural roads in a State increases over the most recent 2-year period for which data are available, that State shall be required to obligate in the next fiscal year for projects on high risk rural roads an amount equal to at least 200 percent of the amount of funds the State received for fiscal year 2009 for high risk rural roads under subsection (f) of this section, as in effect on the day before the date of en- actment of the MAP–21. (2) OLDER DRIVERS.—If traffic fatalities and serious injuries per capita for drivers and pe- destrians over the age of 65 in a State in- creases during the most recent 2-year period for which data are available, that State shall be required to include, in the subsequent Stra- tegic Highway Safety Plan of the State, strat- egies to address the increases in those rates, taking into account the recommendations in- cluded in the publication of the Federal High- way Administration entitled ‘‘Highway Design Handbook for Older Drivers and Pedestrians’’ (FHWA–RD–01–103), and dated May 2001, or as subsequently revised and updated. (3) VULNERABLE ROAD USER SAFETY.—If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts appor- tioned to the State under section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users. (h) REPORTS.— (1) IN GENERAL.—A State shall submit to the Secretary a report that— (A) describes progress being made to im- plement highway safety improvement projects under this section; (B) assesses the effectiveness of those im- provements; and (C) describes the extent to which the im- provements funded under this section have contributed to reducing— (i) the number and rate of fatalities on all public roads with, to the maximum ex- tent practicable, a breakdown by func- tional classification and ownership in the State; (ii) the number and rate of serious inju- ries on all public roads with, to the max- imum extent practicable, a breakdown by functional classification and ownership in the State; and (iii) the occurrences of fatalities and se- rious injuries at railway-highway cross- ings. (2) CONTENTS; SCHEDULE.—The Secretary shall establish the content and schedule for the submission of the report under paragraph (1). (3) TRANSPARENCY.—The Secretary shall make strategic highway safety plans sub- mitted under subsection (d) and reports sub- mitted under this subsection available to the public through— (A) the website of the Department; and (B) such other means as the Secretary de- termines to be appropriate. (4) DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMA- TION.—Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to dis- covery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages aris- ing from any occurrence at a location identi- fied or addressed in the reports, surveys, schedules, lists, or other data. (i) STATE PERFORMANCE TARGETS.—If the Sec- retary determines that a State has not met or made significant progress toward meeting the safety performance targets of the State estab- lished under section 150(d), the State shall— (1) use obligation authority equal to the ap- portionment of the State for the prior year under section 104(b)(3) only for highway safety improvement projects under this section until the Secretary determines that the State has met or made significant progress toward meet- ing the safety performance targets of the State; and (2) submit annually to the Secretary, until the Secretary determines that the State has met or made significant progress toward meet- ing the safety performance targets of the State, an implementation plan that— (A) identifies roadway features that con- stitute a hazard to road users; (B) identifies highway safety improvement projects on the basis of crash experience, crash potential, or other data-supported means; (C) describes how highway safety improve- ment program funds will be allocated, in- Page 245 TITLE 23—HIGHWAYS § 148 cluding projects, activities, and strategies to be implemented; (D) describes how the proposed projects, activities, and strategies funded under the State highway safety improvement program will allow the State to make progress to- ward achieving the safety performance tar- gets of the State; and (E) describes the actions the State will un- dertake to meet the safety performance tar- gets of the State. (j) FEDERAL SHARE OF HIGHWAY SAFETY IM- PROVEMENT PROJECTS.—Except as provided in sections 120 and 130, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(3) shall be 90 percent. (k) DATA COLLECTION ON UNPAVED PUBLIC ROADS.— (1) IN GENERAL.—A State may elect not to collect fundamental data elements for the model inventory of roadway elements on pub- lic roads that are gravel roads or otherwise unpaved if— (A) the State does not use funds provided to carry out this section for a project on any such roads until the State completes a col- lection of the required model inventory of roadway elements for the applicable road segment; and (B) the State demonstrates that the State consulted with affected Indian tribes before ceasing to collect data with respect to such roads that are included in the National Trib- al Transportation Facility Inventory under section 202(b)(1) of this title. (2) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to allow a State to cease data collection related to serious in- juries or fatalities. (l) VULNERABLE ROAD USER SAFETY ASSESS- MENT.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment. (2) CONTENTS.—A vulnerable road user safety assessment under paragraph (1) shall include— (A) a quantitative analysis of vulnerable road user fatalities and serious injuries that— (i) includes data such as location, road- way functional classification, design speed, speed limit, and time of day; (ii) considers the demographics of the lo- cations of fatalities and serious injuries, including race, ethnicity, income, and age; and (iii) based on the data, identifies areas as ‘‘high-risk’’ to vulnerable road users; and (B) a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under sub- paragraph (A)(iii). (3) USE OF DATA.—In carrying out a vulner- able road user safety assessment under para- graph (1), a State shall use data from the most recent 5-year period for which data is avail- able. (4) REQUIREMENTS.—In carrying out a vulner- able road user safety assessment under para- graph (1), a State shall— (A) take into consideration a safe system approach; and (B) consult with local governments, metro- politan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii). (5) UPDATE.—A State shall update the vul- nerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d). (6) REQUIREMENT FOR TRANSPORTATION SYS- TEM ACCESS.—The program of projects devel- oped under paragraph (2)(B) may not degrade transportation system access for vulnerable road users. (7) GUIDANCE.— (A) IN GENERAL.—Not later than 1 year after the date of enactment of this sub- section, the Secretary shall develop guid- ance for States to carry out this subsection. (B) CONSULTATION.—In developing the guid- ance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders. (Added Pub. L. 93–87, title I, § 129(b), Aug. 13, 1973, 87 Stat. 265; amended Pub. L. 95–599, title I, §§ 125, 129(d), Nov. 6, 1978, 92 Stat. 2705, 2707; Pub. L. 109–59, title I, § 1401(a)(1), Aug. 10, 2005, 119 Stat. 1219; Pub. L. 112–141, div. A, title I, § 1112(a), July 6, 2012, 126 Stat. 450; Pub. L. 114–94, div. A, title I, §§ 1113(a), 1406(b), Dec. 4, 2015, 129 Stat. 1347, 1410; Pub. L. 117–58, div. A, title I, §§ 11111(a), 11525(j), Nov. 15, 2021, 135 Stat. 475, 607.) Editorial Notes REFERENCES IN TEXT Section 1401 of the MAP–21, referred to in subsec. (a)(4)(B)(xxiii), is section 1401 of Pub. L. 112–141, which is set out as a note under section 137 of this title. The date of enactment of the MAP–21, referred to in subsecs. (d)(1)(A) and (g)(1), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effec- tive and Termination Dates of 2012 Amendment notes under section 101 of this title. Subsection (f) of this sec- tion, as in effect on the day before the date of enact- ment of the MAP–21, means subsec. (f) of this section as in effect on the day before the date of enactment of Pub. L. 112–141, which amended this section generally. The date of enactment of this paragraph and the date of enactment of this subsection, referred to in subsecs. (e)(3)(B) and (l)(1), (7)(A), are the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021. AMENDMENTS 2021—Subsec. (a)(4)(B)(i). Pub. L. 117–58, § 11111(a)(1)(A)(i), inserted ‘‘that provides for the safety of all road users, as appropriate, including a multimodal roundabout’’ after ‘‘improvement’’. Subsec. (a)(4)(B)(vi). Pub. L. 117–58, § 11111(a)(1)(A)(ii), inserted ‘‘or a grade separation project’’ after ‘‘de- vices’’. Subsec. (a)(4)(B)(viii). Pub. L. 117–58, § 11111(a)(1)(A)(iii), added cl. (viii) and struck out former cl. (viii) which read as follows: ‘‘Construction of a traffic calming feature.’’ Subsec. (a)(4)(B)(xxvi). Pub. L. 117–58, § 11111(a)(1)(A)(iv), added cl. (xxvi) and struck out Page 246 TITLE 23—HIGHWAYS § 148 former cl. (xxvi) which read as follows: ‘‘Pedestrian hy- brid beacons.’’ Subsec. (a)(4)(B)(xxvii) to (xxix). Pub. L. 117–58, § 11111(a)(1)(A)(v), added cls. (xxvii) to (xxix) and struck out former cls. (xxvii) and (xxviii) which read as fol- lows: ‘‘(xxvii) Roadway improvements that provide separa- tion between pedestrians and motor vehicles, including medians and pedestrian crossing islands. ‘‘(xxviii) A physical infrastructure safety project not described in clauses (i) through (xxvii).’’ Subsec. (a)(9) to (13). Pub. L. 117–58, § 11111(a)(1)(B)–(D), added pars. (9) and (11) and redesig- nated former pars. (9), (10), and (11) as (10), (12), and (13), respectively. Former par. (12) redesignated (14). Subsec. (a)(13)(G) to (J). Pub. L. 117–58, § 11111(a)(1)(E), added subpar. (G) and redesignated former subpars. (G) to (I) as (H) to (J), respectively. Subsec. (a)(14). Pub. L. 117–58, § 11111(a)(1)(B), redesig- nated par. (12) as (14). Subsec. (a)(15), (16). Pub. L. 117–58, § 11111(a)(1)(F), added pars. (15) and (16). Subsec. (c)(1)(A). Pub. L. 117–58, § 11111(a)(2)(A), sub- stituted ‘‘subsections (a)(13)’’ for ‘‘subsections (a)(11)’’. Subsec. (c)(2)(A)(vi). Pub. L. 117–58, § 11111(a)(2)(B)(i), inserted ‘‘and to differentiate the safety data for vul- nerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users’’ after ‘‘crash- es’’. Subsec. (c)(2)(B)(i). Pub. L. 117–58, § 11111(a)(2)(B)(ii), substituted ‘‘, vulnerable road users (including motor- cyclists, bicyclists, pedestrians),’’ for ‘‘(including mo- torcyclists), bicyclists, pedestrians,’’. Subsec. (c)(2)(D)(vi). Pub. L. 117–58, § 11111(a)(2)(B)(iii), added cl. (vi). Subsec. (d)(2)(B)(i). Pub. L. 117–58, § 11111(a)(3), sub- stituted ‘‘subsection (a)(13)’’ for ‘‘subsection (a)(11)’’. Subsec. (e)(3). Pub. L. 117–58, § 11111(a)(4), added par. (3). Subsec. (g)(3). Pub. L. 117–58, § 11111(a)(5), added par. (3). Subsec. (i)(2)(D). Pub. L. 117–58, § 11525(j), substituted ‘‘safety performance’’ for ‘‘safety safety performance’’. Subsec. (l). Pub. L. 117–58, § 11111(a)(6), added subsec. (l). 2015—Subsec. (a)(4)(B). Pub. L. 114–94, § 1113(a)(1)(A)(i), substituted ‘‘only includes’’ for ‘‘includes, but is not limited to,’’ in introductory provisions. Subsec. (a)(4)(B)(xxv) to (xxviii). Pub. L. 114–94, § 1113(a)(1)(A)(ii), added cls. (xxv) to (xxviii). Subsec. (a)(10) to (13). Pub. L. 114–94, § 1113(a)(1)(B), (C), redesignated pars. (11) to (13) as (10) to (12) and struck out former par. (10). Prior to amendment, text of par. (10) read as follows: ‘‘(A) IN GENERAL.—The term ‘safety project under any other section’ means a project carried out for the pur- pose of safety under any other section of this title. ‘‘(B) INCLUSION.—The term ‘safety project under any other section’ includes— ‘‘(i) a project consistent with the State strategic highway safety plan that promotes the awareness of the public and educates the public concerning high- way safety matters (including motorcycle safety); ‘‘(ii) a project to enforce highway safety laws; and ‘‘(iii) a project to provide infrastructure and infra- structure-related equipment to support emergency services.’’ Subsec. (c)(1)(A). Pub. L. 114–94, § 1113(a)(2), sub- stituted ‘‘subsections (a)(11)’’ for ‘‘subsections (a)(12)’’. Subsec. (d)(2)(B)(i). Pub. L. 114–94, § 1113(a)(3), sub- stituted ‘‘subsection (a)(11)’’ for ‘‘subsection (a)(12)’’. Subsec. (i). Pub. L. 114–94, § 1406(b)(1), substituted ‘‘safety performance targets of the State established under section 150(d)’’ for ‘‘performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the per- formance targets’’ in introductory provisions. Subsec. (i)(1), (2). Pub. L. 114–94, § 1406(b)(2), inserted ‘‘safety’’ before ‘‘performance targets’’ wherever ap- pearing. Subsec. (k). Pub. L. 114–94, § 1113(a)(4), added subsec. (k). 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to highway safety im- provement program and consisted of subsecs. (a) to (h). 2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to a highway safety improvement program for provisions relating to development of the Great River Road, a na- tional scenic and recreational highway. 1978—Subsec. (a)(5). Pub. L. 95–599, § 125(b), inserted provision authorizing charging of a fee in certain cases to cover operational costs. Subsec. (e). Pub. L. 95–599, § 129(d), substituted ‘‘75 per centum’’ for ‘‘70 per centum’’. Subsec. (h). Pub. L. 95–599, § 125(a), added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 129(d) of Pub. L. 95–599 effec- tive 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. VULNERABLE ROAD USER RESEARCH Pub. L. 117–58, div. A, title I, § 11122, Nov. 15, 2021, 135 Stat. 497, provided that: ‘‘(a) DEFINITIONS.—In this subsection [probably means ‘‘this section’’]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Secretary [of Transportation], acting through the Administrator of the Federal Highway Administration. ‘‘(2) VULNERABLE ROAD USER.—The term ‘vulnerable road user’ has the meaning given the term in section 148(a) of title 23, United States Code. ‘‘(b) ESTABLISHMENT OF RESEARCH PLAN.—The Admin- istrator shall establish a research plan to prioritize re- search on roadway designs, the development of safety countermeasures to minimize fatalities and serious in- juries to vulnerable road users, and the promotion of bicycling and walking, including research relating to— ‘‘(1) roadway safety improvements, including traffic calming techniques and vulnerable road user accom- modations appropriate in a suburban arterial con- text; ‘‘(2) the impacts of traffic speeds, and access to low- traffic stress corridors, on safety and rates of bicy- cling and walking; ‘‘(3) tools to evaluate the impact of transportation improvements on projected rates and safety of bicy- cling and walking; and ‘‘(4) other research areas to be determined by the Administrator. ‘‘(c) VULNERABLE ROAD USER ASSESSMENTS.—The Ad- ministrator shall— ‘‘(1) review each vulnerable road user safety assess- ment submitted by a State under section 148(l) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard Page 247 TITLE 23—HIGHWAYS § 148 definitions and methods should be developed through guidance to enable a State to collect pedestrian in- jury and fatality data; and ‘‘(2) in the first progress update under subsection (d)(2), provide— ‘‘(A) the results of the determination described in paragraph (1); and ‘‘(B) the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users. ‘‘(d) SUBMISSION; PUBLICATION.— ‘‘(1) SUBMISSION OF PLAN.—Not later than 180 days after the date of enactment of this Act [Nov. 15, 2021], the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan de- scribed in subsection (b). ‘‘(2) PROGRESS UPDATES.—Not later than 2 years after the date of enactment of this Act, and bian- nually thereafter, the Administrator shall submit to the Committees described in paragraph (1)— ‘‘(A) updates on the progress and findings of the research conducted pursuant to the plan described in subsection (b); and ‘‘(B) in the first submission under this paragraph, the results and recommendations described in sub- section (c)(2).’’ STOPPING THREATS ON PEDESTRIANS Pub. L. 117–58, div. A, title I, § 11502, Nov. 15, 2021, 135 Stat. 578, provided that: ‘‘(a) DEFINITION OF BOLLARD INSTALLATION PROJECT.— In this section, the term ‘bollard installation project’ means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are de- signed to slow or stop a motor vehicle. ‘‘(b) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021] and subject to the availability of appropriations, the Secretary [of Transportation] shall establish and carry out a com- petitive grant pilot program to provide assistance to State departments of transportation and local govern- ment entities for bollard installation projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians. ‘‘(c) APPLICATION.—To be eligible to receive a grant under this section, a State department of transpor- tation or local government entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary de- termines to be appropriate, which shall include, at a minimum— ‘‘(1) a description of the proposed bollard installa- tion project to be carried out; ‘‘(2) a description of the pedestrian injury or ter- rorism risks with respect to the proposed installation area; and ‘‘(3) an analysis of how the proposed bollard instal- lation project will mitigate those risks. ‘‘(d) USE OF FUNDS.—A recipient of a grant under this section may only use the grant funds for a bollard in- stallation project. ‘‘(e) FEDERAL SHARE.—The Federal share of the costs of a bollard installation project carried out with a grant under this section may be up to 100 percent. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. ‘‘(g) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this sec- tion shall be treated as a project on a Federal-aid high- way under chapter 1 of title 23, United States Code.’’ STUDY OF HIGH-RISK RURAL ROADS BEST PRACTICES Pub. L. 117–58, div. A, title I, § 11111(b), Nov. 15, 2021, 135 Stat. 478, provided that: ‘‘(1) STUDY.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall update the study under section 1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141). ‘‘(2) PUBLICATION OF REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(b)(2) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141). ‘‘(3) BEST PRACTICES MANUAL.—Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best prac- tices manual described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141).’’ Pub. L. 112–141, div. A, title I, § 1112(b), July 6, 2012, 126 Stat. 459, provided that: ‘‘(1) STUDY.— ‘‘(A) IN GENERAL.—The Secretary [of Transpor- tation] shall conduct a study of the best practices for implementing cost-effective roadway safety infra- structure improvements on high-risk rural roads. ‘‘(B) METHODOLOGY.—In carrying out the study, the Secretary shall— ‘‘(i) conduct a thorough literature review; ‘‘(ii) survey current practices of State depart- ments of transportation; and ‘‘(iii) survey current practices of local units of government, as appropriate. ‘‘(C) CONSULTATION.—In carrying out the study, the Secretary shall consult with— ‘‘(i) State departments of transportation; ‘‘(ii) county engineers and public works profes- sionals; ‘‘(iii) appropriate local officials; and ‘‘(iv) appropriate private sector experts in the field of roadway safety infrastructure. ‘‘(2) REPORT.— ‘‘(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title], the Secretary shall submit to the Com- mittee on Environment and Public Works of the Sen- ate and the Committee on Transportation and Infra- structure of the House of Representatives a report on the results of the study. ‘‘(B) CONTENTS.—The report shall include— ‘‘(i) a summary of cost-effective roadway safety infrastructure improvements; ‘‘(ii) a summary of the latest research on the fi- nancial savings and reduction in fatalities and seri- ous bodily injury crashes from the implementation of cost-effective roadway safety infrastructure im- provements; and ‘‘(iii) recommendations for State and local gov- ernments on best practice methods to install cost- effective roadway safety infrastructure on high-risk rural roads. ‘‘(3) MANUAL.— ‘‘(A) DEVELOPMENT.—Based on the results of the study under paragraph (2), the Secretary, in consulta- tion with the individuals and entities described in paragraph (1)(C), shall develop a best practices man- ual to support Federal, State, and local efforts to re- duce fatalities and serious bodily injury crashes on high-risk rural roads through the use of cost-effective roadway safety infrastructure improvements. ‘‘(B) AVAILABILITY.—The manual shall be made available to State and local governments not later than 180 days after the date of submission of the re- port under paragraph (2). ‘‘(C) CONTENTS.—The manual shall include, at a minimum, a list of cost-effective roadway safety in- frastructure improvements and best practices on the installation of cost-effective roadway safety infra- structure improvements on high-risk rural roads. ‘‘(D) USE OF MANUAL.—Use of the manual shall be voluntary and the manual shall not establish any binding standards or legal duties on State or local governments, or any other person.’’ TRANSITION Pub. L. 109–59, title I, § 1401(d), formerly § 1401(e), Aug. 10, 2005, 119 Stat. 1227, renumbered § 1401(d) by Pub. L. Page 248 TITLE 23—HIGHWAYS § 149 110–244, title I, § 101(s)(1), June 6, 2008, 122 Stat. 1577, provided for different methods of obligating funds to States for highway safety improvement programs both before and after the second fiscal year beginning Aug. 10, 2005. § 149. Congestion mitigation and air quality im- provement program (a) ESTABLISHMENT.—The Secretary shall es- tablish and implement a congestion mitigation and air quality improvement program in accord- ance with this section. (b) ELIGIBLE PROJECTS.—Except as provided in subsections (d) and (m)(1)(B)(ii), a State may ob- ligate funds apportioned to it under section 104(b)(4) for the congestion mitigation and air quality improvement program only for a trans- portation project or program if the project or program is for an area in the State that is or was designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or was designated as a nonattainment area under such section 107(d) after December 31, 1997, or is required to prepare, and file with the Ad- ministrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.) and— (1)(A)(i) if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environ- mental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that the project or program is likely to contribute to— (I) the attainment of a national ambient air quality standard in the designated non- attainment area; or (II) the maintenance of a national ambient air quality standard in a maintenance area; and (ii) a high level of effectiveness in reducing air pollution, in cases of projects or programs where sufficient information is available in the database established pursuant to sub- section (h) to determine the relative effective- ness of such projects or programs; or, (B) in any case in which such information is not available, if the Secretary, after such con- sultation, determines that the project or pro- gram is part of a program, method, or strategy described in such section 108(f)(1)(A); (2) if the project or program is included in a State implementation plan that has been ap- proved pursuant to the Clean Air Act and the project will have air quality benefits; (3) the Secretary, after consultation with the Administrator of the Environmental Pro- tection Agency, determines that the project or program is likely to contribute to the attain- ment or maintenance of a national ambient air quality standard, whether through reduc- tions in vehicle miles traveled, fuel consump- tion, or through other factors; (4) to establish or operate a traffic moni- toring, management, and control facility or program, including advanced truck stop elec- trification systems, if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the facility or program is likely to con- tribute to the attainment or maintenance in the area of a national ambient air quality standard; (5) if the program or project improves traffic flow, including projects to improve signaliza- tion, construct high occupancy vehicle lanes, improve intersections, add turning lanes, im- prove transportation systems management and operations that mitigate congestion and improve air quality, and implement intel- ligent transportation system strategies and such other projects that are eligible for assist- ance under this section on the day before the date of enactment of this paragraph, including programs or projects to improve incident and emergency response or improve mobility, such as through real-time traffic, transit, and multimodal traveler information; (6) if the project or program involves the purchase of integrated, interoperable emer- gency communications equipment; (7) if the project or program shifts traffic de- mand to nonpeak hours or other transpor- tation modes, increases vehicle occupancy rates, or otherwise reduces demand for roads through such means as telecommuting, ride- sharing, carsharing, shared micromobility (in- cluding bikesharing and shared scooter sys- tems), alternative work hours, and pricing; (8) if the project or program is for— (A) the purchase of diesel replacements or retrofits that are— (i) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for motor vehicles (as de- fined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or (ii) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for non-road vehicles and non-road engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that are used in construction projects or port- related freight operations that are— (I) located in nonattainment or main- tenance areas for ozone, PM10, or PM2.5 (as defined under the Clean Air Act (42 U.S.C. 7401 et seq.)); and (II) funded, in whole or in part, under this title or chapter 53 of title 49; (B) the conduct of outreach activities that are designed to provide information and technical assistance to the owners and oper- ators of diesel equipment and vehicles re- garding the purchase and installation of die- sel replacements or retrofits; or (C) the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment; (9) if the project or program is for the instal- lation of vehicle-to-infrastructure commu- nication equipment; (10) if the project is for the modernization or rehabilitation of a lock and dam that— (A) is functionally connected to the Fed- eral-aid highway system; and (B) the Secretary determines is likely to contribute to the attainment or mainte-