WHAT THE LAW DOINCongress, in plain words

The law › Title 23, Highways › Chapter 4

23 U.S.C. 405: National priority safety programs

Created in 1998 by the Transportation Equity Act for the 21st Century (Public Law 105-178). Changed by 6 later laws. No bill we track in this Congress changes it.

2 parts of federal rules cite it as their authority, written by National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (1), National Highway Traffic Safety Administration, Department of Transportation (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2021

    • Pub. L. 117–58, §24105(a)(1)(C), substituted "Program Authority" for "General Authority" in heading and struck out introductory provisions which read as follows: "Subject to the requirements of this section, the Secretary shall manage programs to address national priorities for reducin… (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(1)(B), (C), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively. Former par. (3) redesignated (4). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(1)(B), (D), redesignated par. (3) as (4) and substituted "53 percent" for "52.5 percent". Former par. (4) redesignated (5). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(1)(B), redesignated par. (4) as (5). Former par. (5) redesignated (6). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(1)(A), (B), redesignated par. (5) as (6) and struck out former par. (6). Prior to amendment, text of par. (6) read as follows: "In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that adopt and implement … (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(1)(E), substituted "7 percent" for "5 percent" and "subsection (g)" for "subsection (h)". (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(1)(G), added par. (8). Former par. (8) redesignated (10). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(1)(A), (G), added par. (9) and struck out former par. (9). Prior to amendment, text read as follows: (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(1)(F), (H), redesignated par. (8) as (10) and substituted "paragraphs (2) through (9)" for "paragraphs (1) through (7)" and "subsections (b) through (i)" for "subsections (b) through (h)". Former par. (10) redesignated (11). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(1)(F), redesignated par. (10) as (11). (Infrastructure Investment and Jobs Act) Law text · (a)
    • Pub. L. 117–58, §24105(a)(2)(A), struck out "of Transportation" before "shall award grants". (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §24105(a)(2)(B), substituted "5-year" for "3-year". (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §24105(a)(2)(C)(i), added cl. (v) and struck out former cl. (v) which read as follows: "purchase and distribute child restraints to low-income families, provided that not more than 5 percent of the funds received in a fiscal year are used for such purpose; and". (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §24105(a)(2)(C)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: "A State that is eligible for funds under paragraph (3)(A) may use up to 100 percent of such funds for any project or activity eligible for funding … (Infrastructure Investment and Jobs Act) Law text · (b)
    • Pub. L. 117–58, §24105(a)(3)(A)(i), struck out "of Transportation" before "shall award grants" in introductory provisions. (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(A)(ii), substituted "States, including the National EMS Information System;" for "States; and". (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(B)(i), substituted "A State shall not be eligible to receive a grant under this subsection for a fiscal year unless the State—" for "A State is not eligible for a grant under this subsection in a fiscal year unless the State demonstrates, to the satisfac… (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(B)(i), (ii)(II), (iii)(II), substituted "has certified to the Secretary that the State—" for "has a functioning", designated remainder of existing provisions as cl. (i), and redesignated subpars. (B) and (C) of par. (3) as cls. (ii) and (iii), respect… (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(B)(iv), redesignated subpar. (D) as (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A). (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(B)(ii)(I), inserted "and" after semicolon at end. (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(B)(v), substituted period for "; and" at end. (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(B)(iii)(I), inserted "and" after semicolon at end. (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(B)(vi), struck out subpar. (E) which read as follows: "has certified to the Secretary that an assessment of the State's highway safety data and traffic records system was conducted or updated during the preceding 5 years." (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(C), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "Grant funds received by a State under this subsection shall be used for making data program improvements to core highway safety databases related to quantifiabl… (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(3)(D), added par. (6). (Infrastructure Investment and Jobs Act) Law text · (c)
    • Pub. L. 117–58, §24105(a)(4)(A)(i)(I), added cl. (iii) and struck out former cl. (iii) which read as follows: "court support of high-visibility enforcement efforts, training and education of criminal justice professionals (including law enforcement, prosecutors, judges, and … (Infrastructure Investment and Jobs Act) Law text · (d)
    • Pub. L. 117–58, §24105(a)(4)(A)(i)(II), added cl. (v) and struck out former cl. (v) which read as follows: "improving blood-alcohol concentration testing and reporting;". (Infrastructure Investment and Jobs Act) Law text · (d)
    • Pub. L. 117–58, §24105(a)(4)(A)(i)(III), substituted "conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and" for "conducting standardized field sobriety training… (Infrastructure Investment and Jobs Act) Law text · (d)
    • Pub. L. 117–58, §24105(a)(4)(A)(i)(IV)–(VI), added cl. (xi). (Infrastructure Investment and Jobs Act) Law text · (d)
    • Pub. L. 117–58, §24105(a)(4)(A)(ii), designated first sentence as cl. (i), inserted heading, and substituted "Subject to clause (iii), low-range" for "Low-range"; designated second sentence as cl. (ii), inserted heading, and substituted "Subject to clause (iii), medium-range" for… (Infrastructure Investment and Jobs Act) Law text · (d)
    • Pub. L. 117–58, §24105(a)(4)(B)(i), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a mandatory alcohol-ignition interlock la… (Infrastructure Investment and Jobs Act) Law text · (d)
    • Pub. L. 117–58, §24105(a)(4)(B)(ii), substituted "2022" for "2009". (Infrastructure Investment and Jobs Act) Law text · (d)
    • Pub. L. 117–58, §24105(a)(4)(C), inserted "or local" after "authorizes a State" in introductory provisions. (Infrastructure Investment and Jobs Act) Law text · (d)
    • Pub. L. 117–58, §24105(a)(5)(B), (C)(i), redesignated par. (9) as (1) and struck out ", the following definitions apply" after "In this subsection" in introductory provisions. Former par. (1) redesignated (2). (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(C)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: "The term 'personal wireless communications device'— (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(C)(iii), added subpars. (E) and (F) and struck out former subpar. (E). Prior to amendment, text of subpar. (E) read as follows: "The term 'texting' means reading from or manually entering data into a personal wireless communications device, inclu… (Infrastructure Investment and Jobs Act) Law text · (e), (F)
    • Pub. L. 117–58, §24105(a)(5)(B), (D), redesignated par. (1) as (2), struck it out, and added a new par. (2). Prior to amendment, text read as follows: "The Secretary shall award a grant under this subsection to any State that includes distracted driving awareness as part of the Stat… (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(D), added par. (3). (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(B), (E)(i), redesignated par. (2) as (4) and substituted "of this" for "set forth in this" in introductory provisions. Former par. (4) redesignated (7). (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(E)(ii)–(iv), redesignated subpar. (C) as (B), struck out "minimum" before "fine", and struck out former subpar. (B) which read as follows: "makes violation of the law a primary offense;". (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(E)(iii), (v), redesignated subpar. (D) as (C) and substituted "use a personal wireless communications device for texting" for "text through a personal wireless communication device". Former subpar. (C) redesignated (B). (Infrastructure Investment and Jobs Act) Law text · (e), (D)
    • Pub. L. 117–58, §24105(a)(5)(F), added par. (5). (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(A), (B), (G)(i), redesignated par. (3) as (6), substituted "of this" for "set forth in this" in introductory provisions, and struck out former par. (6) which related to additional grants for activities related to enforcement of distracted driving laws. (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(G)(ii), struck out "set forth in subsection (g)(2)(B)" after "intermediate license stage". (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(G)(iii)–(v), redesignated subpar. (C) as (B), struck out "minimum" before "fine", and struck out former subpar. (B) which read as follows: "makes violation of the law a primary offense;". (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(G)(vi), added subpar. (C). Former subpar. (C) redesignated (B). (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(G)(iii), struck out subpar. (D) which read as follows: "does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic." (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(B), (H)(i), redesignated par. (4) as (7) and substituted "of paragraph (4), (5), or (6)" for "set forth in paragraph (2) or (3)" in introductory provisions. Former par. (7) redesignated (9). (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(H)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: "a driver who uses a personal wireless communications device to contact emergency services;". (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(H)(iii)–(v), added subpars. (D) and (E) and redesignated former subpar. (D) as (F). (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(A), (B), redesignated par. (5) as (8) and struck out former par. (8). Prior to amendment, text of par. (8) read as follows: "The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State's apportionm… (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(5)(B), redesignated par. (7) as (9). Former par. (9) redesignated (1). (Infrastructure Investment and Jobs Act) Law text · (e)
    • Pub. L. 117–58, §24105(a)(6)(A), substituted "crash" for "accident". (Infrastructure Investment and Jobs Act) Law text · (f)
    • Pub. L. 117–58, §24105(a)(6)(B), (C), added subpar. (C) and redesignated former subpars. (C) and (D) as (D) and (E), respectively. Former subpar. (E) redesignated (F). (Infrastructure Investment and Jobs Act) Law text · (f)
    • Pub. L. 117–58, §24105(a)(6)(B), (D), redesignated subpar. (E) as (F) and substituted "crashes" for "accidents" in heading. Former subpar. (F) redesignated (G). (Infrastructure Investment and Jobs Act) Law text · (f)
    • Pub. L. 117–58, §24105(a)(6)(B), redesignated subpar. (F) as (G). (Infrastructure Investment and Jobs Act) Law text · (f)
    • Pub. L. 117–58, §24105(a)(7), (8), redesignated subsec. (h) as (g) and struck out former subsec. (g) which authorized Secretary to award grants to States that adopt and implement graduated driver licensing laws and meet minimum requirements and to promulgate regulations necessary to im… (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §24105(a)(9)(B), added par. (1). Former par. (1) redesignated (2). (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §24105(a)(9)(A), (C), redesignated par. (1) as (2) and substituted "nonmotorized road user fatalities involving a motor vehicle in transit on a trafficway" for "pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle". Former… (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §24105(a)(9)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4). (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §24105(a)(9)(A), (D), redesignated par. (3) as (4) and substituted "nonmotorized road user" for "pedestrian and bicycle". Former par. (4) redesignated (5). (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §24105(a)(9)(A), (E), redesignated par. (4) as (5), struck it out, and added a new par. (5). Prior to amendment, par. related to use of grant funds received by a State with traffic laws applicable to pedestrian and bicycle safety. Former par. (5) redesignated (6). (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §24105(a)(9)(A), redesignated par. (5) as (6). (Infrastructure Investment and Jobs Act) Law text · (g)
    • Pub. L. 117–58, §24105(a)(10), added subsecs. (h) and (i). Former subsec. (h) redesignated (g). (Infrastructure Investment and Jobs Act) Law text · (h), (i)

    2015

    • Pub. L. 114–94, §4005(a), amended subsec. (a) generally. Prior to amendment, text related to the general authority of the Secretary of Transportation to manage programs to address national priorities for reducing highway deaths and injuries. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (a)
    • Pub. L. 114–94, §4005(b), substituted "100 percent" for "75 percent". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (b)
    • Pub. L. 114–94, §4005(c)(1), added par. (4) and struck out former par. (4), which related to the use of grant funds. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4014(3)(A)(i), substituted "under section 402" for "under section 402(c)". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(2)(A), amended heading generally. Prior to amendment, heading read as follows: "Grants to states that adopt and enforce mandatory alcohol-ignition interlock laws.". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(2)(B), amended heading generally. Prior to amendment, heading read as follows: "In general.—". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(2)(D), added subpar. (B). Former subsec. (B) redesignated (C). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4014(3)(A)(ii), which directed substitution of "in proportion to the State's apportionment under section 402 for fiscal year 2009" for "on the basis of the apportionment formula set forth in section 402(c)" in subpar. (D) as redesignated by Pub. L. 114–94, §4005(… (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(2)(C), (E), redesignated subpar. (B) as (C), and in subpar. (C) substituted "and subparagraph (B)" after "subparagraph (A)". Former subpar. (C) redesignated (D). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(2)(F), inserted "and subparagraph (B)" after "subparagraph (A)". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(2)(C), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(2)(G), amended subpar. (E) generally. Prior to amendment, subpar. (E) related to funding. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(2)(C), redesignated subpar. (D) as (E). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(2)(H), added subpar. (F). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(3)(A)(i), in introductory provisions, substituted "or an agency with jurisdiction" for "or a State agency" and inserted "bond," before "sentence". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(3)(A)(ii), substituted "who was arrested for, plead guilty to, or" for "who plead guilty or". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(3)(A)(iii), inserted "at a testing location" after "twice per day". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(c)(3)(B), struck out second period at end. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (d)
    • Pub. L. 114–94, §4005(d), amended subsec. (e) generally. Prior to amendment, section provided for award of distracted driving grants. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (e)
    • Pub. L. 114–94, §4005(e)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "The amount of a grant awarded to a State for a fiscal year under this subsection may not exceed 25 percent of the amount apportioned to the State for fiscal year 20… (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (f)
    • Pub. L. 114–94, §4014(3)(B), substituted "including" for "such as the" and struck out "developed under subsection (g)" after "safety messages". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (f)
    • Pub. L. 114–94, §4005(e)(2), added subpar. (C). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (f)
    • Pub. L. 114–94, §4005(e)(3), added par. (6). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (f)
    • Pub. L. 114–94, §4005(f)(1)(A), substituted "18" for "21". (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (g)
    • Pub. L. 114–94, §4005(f)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) related to state compliance with the 2-stage licensing process. (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (g)
    • Pub. L. 114–94, §4005(f)(2), added par. (6). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (g)
    • Pub. L. 114–94, §4005(g), added subsec. (h). (Fixing America's Surface Transportation Act" or the "FAST Act) Law text · (h)

    2012

    • Pub. L. 112–141 amended section generally. Prior to amendment, section related to occupant protection incentive grants. (Moving Ahead for Progress in the 21st Century Act" or the "MAP-21) Law text

    2011

    • Pub. L. 112–30, §121(c)(1)(A), substituted "9" for "8". (Surface and Air Transportation Programs Extension Act of 2011) Law text · (a)
    • Pub. L. 112–30, §121(c)(1)(B), substituted "fifth through ninth" for "fifth through eighth". (Surface and Air Transportation Programs Extension Act of 2011) Law text · (a)

    2010

    • Pub. L. 111–147, §421(c)(1)(A), substituted "8" for "6". (Hiring Incentives to Restore Employment Act) Law text · (a)
    • Pub. L. 111–147, §421(c)(1)(B), substituted "fifth through eighth" for "fifth and sixth". (Hiring Incentives to Restore Employment Act) Law text · (a)

    2005

    • Pub. L. 109–59, §2004(a)(1), substituted "SAFETEA–LU" for "Transportation Equity Act for the 21st Century". (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (a)
    • Pub. L. 109–59, §2004(a)(2), substituted "2003" for "1997". (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (a)
    • Pub. L. 109–59, §2004(a)(3), inserted "beginning after September 30, 2003," after "years" in subpars. (A) to (C). (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (a)
    • Pub. L. 109–59, §2004(c), substituted "100 percent" for "25 percent" and "2003" for "1997". (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (c)
    • Pub. L. 109–59, §2002(e), struck out heading and text of subsec. (d). Text read as follows: "Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions of… (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) Law text · (d)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.