§ 403. Highway safety research and development
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(a) Defined Term.— In this section, the term “Federal laboratory” includes— (1) a government-owned, government-operated laboratory; and (2) a government-owned, contractor-operated laboratory. (b) General Authority.— (1) Research and development activities.— The Secretary may conduct research and development activities, including demonstration projects and the collection and analysis of highway and motor vehicle safety data and related information needed to carry out this section, with respect to— (A) all aspects of highway and traffic safety systems and conditions relating to— (i) vehicle, highway, driver, passenger, motorcyclist, bicyclist, and pedestrian characteristics; (ii) accident causation and investigations; (iii) communications; and (iv) emergency medical services, including the transportation of the injured; (B) human behavioral factors and their effect on highway and traffic safety, including— (i) driver education; (ii) impaired driving; and (iii) distracted driving; (C) an evaluation of the effectiveness of countermeasures to increase highway and traffic safety, including occupant protection and alcohol- and drug-impaired driving technologies and initiatives; (D) the development of technologies to detect drug impaired drivers; (E) research on, evaluations of, and identification of best practices related to driver education programs (including driver education curricula, instructor training and certification, program administration, and delivery mechanisms) and make recommendations for harmonizing driver education and multistage graduated licensing systems; and (F) the effect of State laws on any aspects, activities, or programs described in subparagraphs (A) through (E). (2) Cooperation, grants, and contracts.— The Secretary may carry out this section— (A) independently; (B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; (C) by entering into contracts, cooperative agreements, and other transactions with the National Academy of Sciences, any Federal laboratory, State or local agency, authority, association, institution, or person (as defined in chapter 1 of title 1); or (D) by making grants to the National Academy of Sciences, any Federal laboratory, State or local agency, authority, association, institution, or person (as defined in chapter 1 of title 1). (c) Collaborative Research and Development.— (1) In general.— To encourage innovative solutions to highway safety problems, stimulate voluntary improvements in highway safety, and stimulate the marketing of new highway safety related technology by private industry, the Secretary is authorized to carry out, on a cost-shared basis, collaborative research and development with— (A) non-Federal entities, including State and local governments, colleges, universities, corporations, partnerships, sole proprietorships, organizations, and trade associations that are incorporated or established under the laws of any State or the United States; and (B) Federal laboratories. (2) Agreements.— In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which the Secretary provides not more than 50 percent of the cost of any research or development project under this subsection. (3) Use of technology.— The research, development, or use of any technology pursuant to an agreement under this subsection, including the terms under which technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). (d) Title to Equipment.— In furtherance of the purposes set forth in section 402, the Secretary may vest title to equipment purchased for demonstration projects with funds authorized under this section to State or local agencies on such terms and conditions as the Secretary determines to be appropriate. (e) Prohibition on Certain Disclosures.— Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chapter or chapter 301 may only be made available to the public in a manner that does not identify individuals. (f) Cooperative Research and Evaluation.— (1) Establishment and funding.— Notwithstanding the apportionment formula set forth in section 402(c)(2), $2,500,000 of the total amount available for apportionment to the States for highway safety programs under subsection 402(c) in each fiscal year shall be available for expenditure by the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures. (2) Administration.— The program established under paragraph (1)— (A) shall be administered by the Administrator of the National Highway Traffic Safety Administration; and (B) shall be jointly managed by the Governors Highway Safety Association and the National Highway Traffic Safety Administration. (g) International Cooperation.— The Administrator of the National Highway Traffic Safety Administration may participate and cooperate in international activities to enhance highway safety. (h) In-vehicle Alcohol Detection Device Research.— (1) In general.— The Administrator of the National Highway Traffic Safety Administration may carry out a collaborative research effort under chapter 301 of title 49 on in-vehicle technology to prevent alcohol-impaired driving. (2) Funding.— Funds provided under section 405 may be made to be used by the Secretary to conduct the research described in paragraph (1). (3) Privacy protection.— If the Administrator utilizes the authority under paragraph (1), the Administrator shall not develop requirements for any device or means of technology to be installed in an automobile intended for retail sale that records a driver’s blood alcohol concentration. (4) Reports.— If the Administrator conducts the research authorized under paragraph (1), the Administrator shall submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and Committee on Science, Space, and Technology of the House of Representatives that— (A) describes the progress made in carrying out the collaborative research effort; and (B) includes an accounting for the use of Federal funds obligated or expended in carrying out that effort. (5) Definitions.— In this subsection: (A) Alcohol-impaired driving.— The term “alcohol-impaired driving” means the operation of a motor vehicle (as defined in section 30102(a)(6) of title 49) by an individual whose blood alcohol content is at or above the legal limit. (B) Legal limit.— The term “legal limit” means a blood alcohol concentration of 0.08 percent or greater (as set forth in section 163(a)) or such other percentage limitation as may be established by applicable Federal, State, or local law.
References In Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is Pub. L. 96–480,
Amendments
2012—Subsecs. (a) to (f). Pub. L. 112–141, § 31103(1), added subsecs. (a) to (f) and struck out former subsecs. (a) to (f) which related to authority of the Secretary generally, drugs and driver behavior, authority of Secretary to conduct research through grants and contracts with public and private agencies, institutions, and individuals, authority of Secretary to vest title to equipment purchased for demonstration projects in State and local agencies, authority of Secretary relating to projects to demonstrate the administrative adjudication of traffic infractions, and collaborative research and development, respectively.
Subsec. (h). Pub. L. 112–141, § 31103(2), added subsec. (h).
2005—Subsec. (a). Pub. L. 109–59, § 2003(a), reenacted heading without change and amended text of subsec. (a) generally, substituting provisions relating to authority of Secretary to use funds for highway safety research programs for former provisions which related to, in par. (1), general authority of Secretary, in par. (2), additional authority of Secretary, and, in par. (3), definition of “safety”.
Subsec. (b)(5), (6). Pub. L. 109–59, § 2013(e), added pars. (5) and (6).
Subsec. (g). Pub. L. 109–59, § 2003(b), added subsec. (g).
1998—Subsec. (a)(2)(A). Pub. L. 105–178, § 2002(a), inserted “, including training in work zone safety management” after “personnel”.
Subsec. (b)(3), (4). Pub. L. 105–178, § 2002(b)(1), added pars. (3) and (4).
1991—Subsec. (a). Pub. L. 102–240, § 2003(a), added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary is authorized to use funds appropriated to carry out this subsection to carry out safety research which he is authorized to conduct by subsection (a) of section 307 of this title. In addition, the Secretary may use the funds appropriated to carry out this section, either independently or in cooperation with other Federal departments or agencies, for making grants to or contracting with State or local agencies, institutions, and individuals for (1) training or education of highway safety personnel, (2) research fellowships in highway safety, (3) development of improved accident investigation procedures, (4) emergency service plans, (5) demonstration projects, and (6) related activities which the Secretary deems will promote the purposes of this section. The Secretary shall assure that no fees are charged for any meetings or services attendant thereto or other activities relating to training and education of highway safety personnel.”
Subsec. (b). Pub. L. 102–240, § 2003(a), added subsec. (b) and struck out former subsec. (b) which read as follows: “In addition to the research authorized by subsection (a) of this section, the Secretary, in consultation with such other Government and private agencies as may be necessary, is authorized to carry out safety research on the following:
“(1) The relationship between the consumption and use of drugs and their effect upon highway safety and drivers of motor vehicles; and
“(2) Driver behavior research, including the characteristics of driver performance, the relationships of mental and physical abilities or disabilities to the driving task, and the relationship of frequency of driver accident involvement to highway safety.”
Subsec. (c). Pub. L. 102–240, § 2003(c), substituted “subsections (a) and (b)” for “subsection (b)”.
Subsec. (f). Pub. L. 102–240, § 2003(b), added subsec. (f) and struck out former subsec. (f) which read as follows: “In addition to the research authorized by subsection (a) of this section, the Secretary shall carry out research, development, and demonstration projects to improve and evaluate the effectiveness of various types of driver education programs in reducing traffic accidents and deaths, injuries, and property damage resulting therefrom. The research, development, and demonstration projects authorized by this subsection may be carried out by the Secretary through grants and contracts with public and private agencies, institutions, and individuals. The Secretary shall report to the Congress by
1973—Subsec. (a). Pub. L. 93–87, §§ 208(a), 220, designated existing provisions as subsec. (a); substituted in first sentence “this subsection” for “this section”; substituted in second sentence “for making grants to or contracting with State or local agencies, institutions, and individuals for (1) training or education of highway safety personnel” for “for (1) grants to State or local agencies, institutions, and individuals for training or education of highway safety personnel” and “(6) related activities which the Secretary deems will promote the purposes of this section” for (6) related activities which are deemed by the Secretary to be necessary to carry out the purposes of this section”; and inserted requirement that the Secretary assure that no fees be charged for any meeting or services attendant thereto or other activities relating to training and education of highway safety personnel.
Subsecs. (b), (c). Pub. L. 93–87, § 208(a), added subsecs. (b) and (c).
Subsecs. (d) to (f). Pub. L. 93–87, §§ 221, 222, 226(a), added subsecs. (d) to (f).
Effective Date Of Amendment
Amendment by Pub. L. 112–141 effective
Amendment by section 2003(a), (b) of Pub. L. 109–59 effective
Amendment by Pub. L. 102–240, except as otherwise provided, effective
Miscellaneous
For termination, effective
Pub. L. 109–59, title II, § 2003(d),
Pub. L. 109–59, title II, § 2013,
Pub. L. 105–178, title II, § 2007,
Pub. L. 105–178, title IV, § 4030,
Pub. L. 102–240, title II, § 2006,
Pub. L. 100–690, title IX, § 9004,
Pub. L. 100–690, title IX, § 9005,
Pub. L. 99–570, title III, § 3402,
Pub. L. 95–599, title II, § 204,
Pub. L. 95–599, title II, § 212,
Pub. L. 89–564, title I, § 106,
Pub. L. 93–87, title II, § 208(b),
Pub. L. 93–87, title II, § 226(b),
Authorization of appropriation of additional sum of $10,000,000 for the fiscal year ending