BUILD America 250 Act

(B) addresses national priority safety initiatives;

(x) to increase driver awareness of work zone safety to prevent crashes and reduce injuries and fatalities;

(xvi) to purchase and deploy digital alert technology that—

(I) is capable of receiving alerts regarding nearby first responders; and

(II) in the case of a motor vehicle that is used for emergency response activities, is capable of sending alerts to civilian drivers to protect first responders on the scene and en route;

(xvii) to educate the public regarding the safety of vehicles and individuals stopped at the roadside in the State through public information campaigns for the purpose of reducing roadside deaths and injury;

(xviii) to cover law enforcement costs relating to enforcing State laws to protect the safety of vehicles and individuals stopped at the roadside;

(xix) to cover costs associated with developing and implementing a program to train law enforcement on facilitating safe traffic stops utilizing standards established by a State Police Officer Standards and Training Board or a similar association;

(xx) to cover costs associated with developing and implementing a program to improve interactions between a law enforcement officer and a motor vehicle operator who has a speech-related disability that may affect communication during a traffic stop, including autism spectrum disorder, commonly referred to as a blue envelope program;

(xxi) to identify, collect, and report to State and local government agencies data relating to crashes involving vehicles and individuals stopped at the roadside; and

(xxii) to pilot and incentivize measures, including optical visibility measures, to increase the visibility of stopped and disabled vehicles;

(D) improve State safety data systems, including through—

(i) software or applications to identify, collect, and report data to State and local government agencies, and enter data into State core highway safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle data;

(ii) purchasing equipment to improve a process by which data are identified, collated, and reported to State and local government agencies, including technology for use by law enforcement for near-real time, electronic reporting of crash data;

(iii) improving the compatibility and interoperability of the core highway safety databases of the State with national data systems and data systems of other States, including the National EMS Information System;

(iv) enhancing the ability of a State and the Secretary to observe and analyze local, State, and national trends in crash occurrences, rates, outcomes, and circumstances;

(v) supporting traffic records improvement training and expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals;

(vi) hiring traffic records professionals for the purpose of improving traffic information systems (including a State Fatal Accident Reporting System (FAR) liaison);

(vii) adoption of the Model Minimum Uniform Crash Criteria, or providing to the public information regarding why any of those criteria will not be used, if applicable;

(viii) supporting reporting criteria relating to emerging topics, including—

(I) impaired driving as a result of drug, alcohol, or polysubstance consumption; and

(II) advanced technologies present on motor vehicles; and

(ix) conducting research relating to State traffic safety information systems, including developing programs to improve core highway safety databases and processes by which data are identified, collected, reported to State and local government agencies, and entered into State core safety databases;

(b) National Priority Safety Initiatives

(1) In general. Each State that meets the relevant fatality rate threshold shall have a highway safety program that addresses national priority safety initiatives.

(2) Flexibility. Funds not required to be expended by a State in accordance with any provision of this subsection may be used by a State for any eligible activity under this subsection or subsection (a).

(3) Requirements. In carrying out a highway safety program required under subsection (a), a State shall adhere to the following requirements:

(A) Occupant protection

(i) In general. In any case in which a State has an average occupant protection fatality rate that is greater than 75 percent of the national average, such State shall expend not less than 6 percent of the funds provided under this section to implement occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained in motor vehicles.

(ii) Eligible activities. Funds required to be expended in accordance with this subparagraph may be used to—

(I) carry out a program to support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement;

(II) carry out a program to train occupant protection safety professionals, police officers, fire and other first responders, emergency medical personnel, educators, parents, and caregivers concerning all aspects of the use of child restraints and occupant protection;

(III) carry out a program to educate the public concerning the proper use and installation of child restraints, including related equipment and information systems;

(IV) carry out a program to provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints;

(V) implement programs—

(aa) to recruit and train nationally certified child passenger safety technicians among police officers, fire and other first responders, emergency medical personnel, and other individuals or organizations serving low-income and underserved populations;

(bb) to educate parents and caregivers in low-income and underserved populations regarding the importance of proper use and correct installation of child restraints on every trip in a motor vehicle; and

(cc) to purchase and distribute child restraints to low-income and underserved populations;

(VI) establish and maintain information systems containing data concerning occupant protection, including the collection and administration of child passenger safety and occupant protection surveys; and

(VII) cover law enforcement costs related to the enforcement of occupant protection laws.

(iii) Definitions. In this subparagraph:

(I) Average occupant protection fatality rate. The term average occupant protection fatality rate means the number of motor vehicle crash fatalities in a State that involve unrestrained individuals per every 100,000,000 vehicle miles traveled in the State, based on the average of the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System.

(II) Child restraint. The term child restraint means any device (including child safety seat, booster seat, harness, and excepting seat belts) that is—

(aa) designed for use in a motor vehicle to restrain, seat, or position a child who weighs 65 pounds (30 kilograms) or less; and

(bb) certified to comply with the Federal Motor Vehicle Safety Standard Number 213, contained in section 571.213 of title 49, Code of Federal Regulations, or any succeeding standard.

(III) Seat belt. The term seat belt means—

(aa) with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and

(bb) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.

(B) Impaired driving countermeasures

(i) In general. In any case in which a State has an average impaired driving fatality rate that is greater than 75 percent of the national average, such State shall expend not less than 26 percent of the funds provided under this section to implement programs to reduce driving under the influence of alcohol, drugs, or a combination of alcohol and drugs.

(ii) Additional requirement. In any case in which a State that is required to expend funds pursuant to clause (i) does not have a repeat intoxicated driver law (as such law is described in section 164(a)(5)(A)(ii)), the Secretary shall apply clause (i) by substituting “30 percent” for “26 percent”.

(iii) Eligible activities. Funds required to be expended in accordance with this subparagraph may be used by a State for—

(I) high-visibility enforcement efforts;

(II) hiring a full-time or part-time impaired driving coordinator of the activities of the State to address the enforcement and adjudication of laws regarding driving while impaired by alcohol, drugs, or a combination of alcohol and drugs;

(III) court support of impaired driving prevention efforts, including—

(aa) hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers;

(bb) training and education of the professionals in subclause (I) to assist such professionals in preventing impaired driving and handling impaired driving cases, including by providing compensation to a law enforcement officer to carry out safety grant activities to replace a law enforcement officer who is receiving drug recognition expert training or participating as an instructor in such drug recognition expert training; and

(cc) establishing driving while intoxicated courts;

(IV) alcohol ignition interlock programs;

(V) improving blood alcohol and drug concentration screening and testing, detection of potentially impairing drugs (including through the use of oral fluid as a specimen), and reporting relating to testing and detection;

(VI) media in support of high-visibility enforcement efforts, conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;

(VII) training on the use of alcohol and drug screening and brief intervention;

(VIII) training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk;

(IX) developing impaired driving information systems;

(X) costs associated with a 24–7 sobriety program;

(XI) testing and implementing programs, and purchasing technologies, to better identify, monitor, or treat impaired drivers, including—

(aa) oral fluid screening technologies;

(bb) electronic warrant programs;

(cc) equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing;

(dd) case management software to support the management of impaired driving offenders; and

(ee) technology to monitor impaired-driving offenders, and equipment and related expenditures used in connection with impaired-driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;

(XII) increasing the timely and accurate reporting to Federal, State, and local databases of—

(aa) crash information, including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information; and

(bb) impaired driving criminal justice information;

(XIII) researching and evaluating impaired driving countermeasures; and

(XIV) funding law enforcement costs related to the enforcement of impaired driving laws, including law enforcement costs associated with enforcing the legal limit for blood alcohol concentration while driving.

(iv) Definitions. In this subparagraph:

(I) 24–7 sobriety program. 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—

(aa) require an individual who was arrested for, plead guilty to, or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and

(bb) require the individual to be subject to testing for alcohol or drugs—

(AA) at least twice per day at a testing location;

(BB) by continuous transdermal alcohol monitoring via an electronic monitoring device; or

(CC) by an alternate method with the concurrence of the Secretary.

(II) Average impaired driving fatality rate. The term average impaired driving fatality rate means the number of motor vehicle crash fatalities in a State that involve a driver with a blood alcohol concentration of at least 0.08 percent per every 100,000,000 vehicle miles traveled in the State, based on the average of the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System.

(C) Distracted driving

(i) In general. Each State shall expend not less than 4 percent of the funds provided under this section to implement effective programs to reduce the prevalence of distracted driving.

(ii) Eligible activities. Funds required to be expended in accordance with this subparagraph may be used—

(I) to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving;

(II) for traffic signs that notify drivers about the distracted driving law of the State; and

(III) for law enforcement costs related to the enforcement of the distracted driving law.

(D) Motorcyclist safety

(i) In general. In any case in which a State has an average motorcyclist fatality rate that is greater than 75 percent of the national average, such State shall expend not less than 0.7 percent of the funds provided under this section to implement programs to improve motorcyclist safety.

(ii) Eligible activities. Funds required to be expended in accordance with this subparagraph may be used only for motorcyclist safety training and motorcyclist awareness programs, including—

(I) improvements to motorcyclist safety training curricula;

(II) improvements in program delivery of motorcyclist training to both urban and rural areas, including—

(aa) procurement or repair of practice motorcycles;

(bb) instructional materials;

(cc) mobile training units; and

(dd) leasing or purchasing facilities for closed-course motorcyclist skill training;

(III) measures designed to increase the recruitment or retention of motorcyclist safety training instructors;

(IV) public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, including share-the-road safety messages; and

(V) law enforcement costs related to the enforcement of motorcyclist safety laws.

(iii) Definitions. In this subparagraph:

(I) Average motorcyclist fatality rate. The term average motorcyclist fatality rate means the number of motor vehicle crash fatalities in a State that involve a motorcycle per 100,000 registered motorcycles by State, based on the average of the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System.

(II) Motorcyclist awareness. The term motorcyclist awareness means individual or collective awareness of—

(aa) the presence of motorcyclists on or near roadways; and

(bb) safe driving practices to avoid injury to motorcyclists.

(III) Motorcyclist awareness program. The term motorcyclist awareness program means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the Governor of the State.

(IV) Motorcyclist safety training. The term motorcyclist safety training means a formal program of instruction that is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the Governor of the State.

(E) Nonmotorist safety

(i) In general. In any case in which the annual combined nonmotorist fatalities in a State exceed 15 percent of the total annual crash fatalities in the State, based on the most recently reported final data from the Fatality Analysis Reporting System, such State shall expend not less than 3 percent of the funds provided under this section to implement programs to improve the safety of nonmotorists.

(ii) Eligible activities. Funds required to be expended in accordance with this subparagraph may be used for —

(I) training of law enforcement officials relating to—

(aa) nonmotorist safety;

(bb) State laws applicable to nonmotorist safety; and

(cc) infrastructure designed to improve nonmotorist safety;

(II) carrying out a program to support enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to nonmotorist safety;

(III) public education and awareness programs designed to inform motorists and nonmotorists regarding—

(aa) nonmotorist safety, including information relating to nonmotorist mobility and the importance of speed management for the safety of nonmotorists;

(bb) the value of the use of nonmotorist safety equipment, including lighting, conspicuity equipment, mirrors, helmets, and other protective equipment, and compliance with any State or local laws requiring the use of such equipment;

(cc) State traffic laws applicable to nonmotorist safety, including the responsibilities of motorists with respect to nonmotorists;

(dd) the safety of vehicles and nonmotorists stopped at the roadside;

(ee) infrastructure designed to improve nonmotorist safety; and

(ff) safe navigation through work zones;

(IV) the collection of data, and the establishment and maintenance of data systems, relating to nonmotorist traffic fatalities;

(V) preventing roadside death and injury from crashes involving motor vehicles striking other vehicles and individuals stopped at the roadside through the purchase and deployment of digital alert technology, including hardware purchases, installations, and software subscriptions;

(VI) nonmotorist safety with respect to emerging micromobility technology issues; and

(VII) providing on-bicycle education to elementary school and secondary school students.

(iii) Nonmotorist defined. In this subparagraph, the term nonmotorist means—

(I) a pedestrian, including a roadway worker;

(II) an individual using a bicycle or other cycle solely propelled by human power, and those than can be propelled by human power and by motor;

(III) an individual using a device designed for low-speed transportation, personal mobility assistance, or recreation, which can be motorized and human-powered, but not propelled by pedaling; and

(IV) other nonoccupant road users.

(F) Speeding

(i) In general. In any case in which a State has an average speeding fatality rate that is greater than 75 percent of the national average fatality rate, such State shall expend not less than 6.3 percent of the funds provided under this section to implement programs to reduce the prevalence of speeding.

(ii) Eligible activities. Funds required to be expended in accordance with this subparagraph may be used by a State for—

(I) high-visibility enforcement efforts;

(II) educating the public through advertising containing information about the dangers of speeding;

(III) funding law enforcement costs related to the enforcement of posted speed limits;

(IV) purchasing and deploying dynamic speed displays and feedback signs that inform motorists about the speed of their vehicle; and

(V) costs associated with updating roadway signage to reflect the speed limit.

(iii) Prohibition. A State may not use funds required to be expended in accordance with this subparagraph to purchase or deploy automated traffic enforcement systems that are operated outside of a school zone or work zone.

(iv) Average speeding fatality rate defined. In this subparagraph, the term average speeding fatality rate means the number of motor vehicle crash fatalities in a State that involve speeding per every 100,000,000 vehicle miles traveled in the State, based on the average of the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System.

(C) provide for a statewide plan to reduce driving under the influence of alcohol, drugs, or the combination of alcohol and drugs;

(3) Technical assistance

(A) In general. The Secretary shall provide technical assistance to States and local governments with respect to improving the timeliness, accuracy, completeness, uniformity, integration, and public accessibility of State safety data that is needed to identify priorities for highway traffic safety programs, including—

(i) tracking and analyzing the role of drugs in serious injury and fatal traffic crashes;

(ii) aligning a State’s data collection system with the Model Minimum Uniform Crash Criteria;

(iii) assisting local governments in accessing and integrating State safety data into transportation planning; and

(iv) reporting underride crashes.

(B) Underride crash defined. In this paragraph, the term underride crash means—

(i) a crash in which a trailer, semitrailer, or single unit truck intrudes into the passenger compartment of a passenger motor vehicle; or

(ii) a crash in which a vulnerable road user (as the term is defined in section 148(a)), slides under a trailer, semitrailer, or single unit truck.

(ii) for each national priority safety initiative, a comparison of a State’s achieved safety level with the national average fatality rate and the Secretary’s determination of whether a State shall be subject to a minimum expenditure required under subsection (b);

(x) increasing teen driver awareness of work zone safety to prevent crashes and reduce injuries and fatalities; and

(3) Public dashboard. In carrying out paragraph (1), the Secretary shall make publicly available in an easily identifiable location on the website of the Department of Transportation a dashboard that displays the following information by fiscal year:

(A) A detailed analysis of the projects funded by each State in carrying out programs pursuant to subsection (a)(2)(A).

(B) A detailed analysis of the projects funded by each State in administering State highway safety programs pursuant to subsection (b).

(C) A detailed analysis of the projects funded nationwide under subsections (a)(2)(A) and (b), respectively.

(D) Each State’s safety performance targets in each of the preceding 10 years.

(E) Each State’s achieved safety level for each performance measure in each of the preceding 10 years.

(F) Each State’s annual activity measure targets in each of the preceding 10 years.

(G) Each State’s achieved activity level for each activity measure in each of the preceding 10 years.