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Bipartisan Infrastructure Law

 

The Bipartisan Infrastructure Law, also known as the Infrastructure Investment and Jobs Act, increases NHTSA's budget by more than 50%, which will allow NHTSA to make our most historic and largest investment into vehicle and highway traffic safety.

This webpage includes information on NHTSA’s execution of the Bipartisan Infrastructure Law. We'll continue to add updated info to this page over the months and years to come.

Below is an overview of provisions of the law that relate to NHTSA.

Vehicle & Road Safety

Complete a rulemaking to require automatic emergency braking on heavy vehicles subject to FMVSS 136 (electronic stability control systems). And, complete a study on equipping vehicles not subject to FMVSS 136 with automatic emergency braking, including feasibility, benefits and costs.

Complete a rulemaking requiring manufacturers to install a device or system to automatically shut off the motor vehicle after it has idled for a period of time to prevent, to the maximum extent practicable, carbon monoxide poisoning. This applies to light motor vehicles that are equipped with a keyless ignition device and an internal combustion engine.

Complete a study (on rollaway prevention) that evaluates the potential consequences and benefits of the installation by manufacturers of technology to prevent movement of motor vehicles equipped with keyless ignition devices and automatic transmissions when in several scenarios defined by the section.

  • Submit report to Congress the recommended max speed which a vehicle can be safely locked under the scenarios described above and on the findings of the study.

Conduct a study to review the status of child car seat accessibility for low-income families and underserved populations, in coordination with other relevant federal agencies. 

Requires states to use at least 10% of occupant protection grant funds for child restraint expenditures for low-income and underserved populations. 

Complete rulemakings that require the following on new passenger vehicles: 

  • lane departure warning
  • lane keeping assist 
  • forward collision warning 
  • automatic emergency braking

Identify the types of crash test dummies used and how they are tested. Evaluate dummies for future use and provide a report explaining the plans to put new dummies into use, challenges, and the potential use of computer simulation techniques.

Conduct research regarding the installation and use of driver monitoring systems on motor vehicles.

  • Upon research completion, Report to Congress describing the findings of the research.
  • If the Secretary of Transportation determines rulemaking(s) are:
    • necessary to ensure safety, initiate the rulemakings;
    • not necessary, Report to Congress describing the reasons for not prescribing standards.

Cooperate, to the maximum extent practicable, with foreign governments, nongovernmental stakeholder groups, motor vehicle industry, and consumer groups with respect to global harmonization of vehicle regulations as a means for improving motor vehicle safety.

Issue a final rulemaking to amend FMVSS 108 to:

  • include performance-based standards for vehicle headlamp systems.
    • Ensure that headlights are correctly aimed on the road and tested on-vehicle for height and lighting performance.
  • allow for the use on vehicles of adaptive driving beam headlamp systems.

Update: Final rule issued February 2022

Issue a notice, for purposes of public comment, regarding potential crash avoidance technologies that may update hood and bumper standards for motor vehicles. Submit report to Congress on the current status of hood and bumper standards; relevant advanced crash-avoidance technology; actions needed to be carried out to develop performance test criteria; and if applicable, a plan for incorporating advanced crash-avoidance technology, including technology relating to vulnerable road user safety, in existing standards.

Advanced Drunk Driving Prevention Technology

Work to issue a final rule within three years prescribing an FMVSS that requires passenger motor vehicles, manufactured after the effective date of that standard, to be equipped with advanced drunk- and impaired-driving prevention technology. If necessary, NHTSA can extend the time period for three years, but must provide an annual report to Congress. If a standard is not finalized within 10 years, NHTSA must provide a report to Congress.

Alcohol-Impaired Driving

Fund the Driver Alcohol Detection System for Safety program through 2025, up to $45 million.

Drug-Impaired Driving

Require states that have legalized marijuana to consider programs to educate people and reduce injuries and deaths resulting from marijuana-impaired driving.

Allow states to use open container and repeat offender transfer funds for drug-impaired driving countermeasures.

Submit a report on:

  • methods and recommendations improving access to samples and strains of marijuana and products containing marijuana for impaired-driving research; and establishing a national clearinghouse to collect and distribute samples and strains of marijuana for scientific research.
  • identification of and recommendations for addressing federal statutory and regulatory barriers to conducting scientific research, and establishment of a national clearinghouse for purposes of facilitating research on marijuana-impaired driving. And, create a report and recommendations on improving access to set up a national clearinghouse.

General

Submit report on barriers to states submitting alcohol and drug toxicology results to the Fatality Analysis Reporting System, recommend how to address those barriers, and identify steps to assist states in improving toxicology testing and the reporting of those results.

Complete research for side impact protection, roof crush resistance, and air bag systems for the protection of occupants in limousines with alternative seating positions, including perimeter seating arrangements.

  • Upon completion, finalize rulemakings to establish standards for side impact, roof crush and air bags or submit a report with reasons for not establishing standards.

Complete research on evacuating passenger compartment of limousines when exits are blocked.

  • Upon completion, finalize rulemakings to establish standards or submit a report with reasons for not establishing standards.
  • Prescribe a final rule to amend occupant protection standards (208, 209 and 210) to require belts to be installed in limousines on each designated seating position, and seating systems (207) to require limousines to meet the standards for seats, seat attachment assemblies, and seat installation. And, submit a report on the assessment of feasibility, benefits and costs to retrofit limousines with belts and seating systems meeting the requirements of the final rule.

Finalize the December 16, 2015, NCAP Request for Comments proceeding. 

Advanced Crash Avoidance Technologies

  • Publish a notice, for purposes of public comment, to establish a means for providing consumer information relating to advanced crash-avoidance technologies distinct from crashworthiness information.
  • Report to Congress on a plan for implementing an advanced crash-avoidance technology information and rating system

Vulnerable Road User Safety 

  • Publish a notice, for purposes of public comment, to establish a means for providing to consumers information relating to pedestrian, bicyclist or other vulnerable road user safety technologies.
  • Report to Congress on a plan for implementing an information and rating system for vulnerable road user safety technologies.

Roadmap

Establish a roadmap for the implementation of NCAP.

  • Cover a term of 10 years
  • Plan for any changes to NCAP
  • Identify and prioritize safety opportunities and technologies
  • Safety opportunities or technologies not included in the roadmap
  • Consider benefits of consistency with domestic and international rating systems

Prior to finalizing the roadmap, publish for public comment and incorporate public comments as appropriate. 

Stakeholder Engagement 

Engage stakeholders that represent diverse technical backgrounds and viewpoints.

Conduct a study on more effective and easier-to-understand recall notices and incentives for getting repairs.

Require vehicle manufacturers to submit annual and additional quarterly reports on recall completion rates. NHTSA must publish an annual list of recall completion rates.

Identify all illegal passing laws in each state relating to school buses, as well as methods used by states to address school bus stop-arm violations and best practices to address illegal passing of school buses. 

Review driver education material to determine whether and how illegal passing of school buses is addressed and make improvement recommendations for states. 

Evaluate effectiveness of various technologies for enhancing school bus safety. 

Report on the relationship between illegal passing of school buses and other safety issues.

Create public safety messaging campaign to educate students and public on safe loading and unloading of school buses and highlight importance of addressing illegal passing of school buses. 

Issue an advanced notice of proposed rulemaking to update Title 49 CFR Sec. 571.207 (seatback standards).

  • If appropriate under the Safety Act (49 U.S. Code § 30111), issue a final rule.

Issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear-designated seating positions after the vehicle engine or motor is deactivated by the operator.

  • The alert required shall include a distinct auditory and visual alert, which may be combined with a haptic alert and shall be activated when the vehicle motor is deactivated by the operator.

Conduct a study on and report on:

  • the potential retrofitting of existing passenger motor vehicles with one or more technologies that may address the problem of children left in rear-designated seating positions after deactivation of the motor vehicles by an operator; and 
  • the potential benefits and burdens, logistical or economic, associated with widespread use of those technologies.

Carry out education campaign to reduce incidence of vehicular heatstroke of children left in passenger vehicles.

Require states to use grant funds to carry out awareness program related to unattended passengers.

Complete rulemaking to require rear underride protection for trailers and semi-trailers.

Complete a study on feasibility, benefits and costs of side underride protection for heavy vehicles with a gross vehicle weight rating of 10,000 pounds or more.

Research the design and development of rear impact guards that can:

  • prevent underride crashes in cases where passenger vehicles travel at speeds up to 65 mph, and
  • protect passengers in passenger vehicles from severe injury at collision speeds up to 65 mph.

Expand vehicle-to-pedestrian research efforts focused on incorporating vulnerable road users into the deployment of connected vehicle systems, in collaboration with the Joint Program Office and Federal Highway Administration.

Implement Government Accountability Office recommendations from Pedestrians and Cyclists: Better Information to States and Enhanced Performance Management Could Help DOT Improve Safety to use performance management practices to guide pedestrian and cyclist safety activities.

Countermeasures, Data & States

Evaluate effectiveness of innovative behavioral traffic safety countermeasures to update Countermeasures That Work.

Crash Data 

Revise crash data collection system to include collection of data elements that distinguish personal conveyance vehicles, such as scooters and bikes, from other vehicles involved in a crash.

Change crash data collection systems to include collection of data elements relating to vulnerable road user safety.

Coordinate with states to update Model Minimum Uniform Crash Criteria. 

Coordinate with Centers for Disease Control and Prevention to develop and implement plan for states to combine highway crash data with injury health data to produce national database of pedestrian injuries and fatalities with demographic characteristics.

Increase participation in Electronic Data Transfer protocol via new state grant program and internal investment.

Expand Crash Investigation Sampling System by adding sites, broadening scope and adopting on‐scene investigation protocols.

Vehicle Safety Databases

Improve public accessibility to vehicle safety databases.

Early Warning Reporting Data

Conduct a study to evaluate Early Warning Reporting data and identify improvements that would enhance use of such data for safety purposes. Submit a Report to Congress. And, require vehicle manufacturers to comply with Early Warning Reporting requirements notwithstanding any settlement agreement.

Add several new uniform guidelines, including child restraints, new vehicle technology, recall awareness, child heatstroke awareness, move over for emergency or law enforcement vehicles awareness, and unsecured vehicle loads awareness.

Include additional requirements for highway safety program approval, focusing on data-driven programs that have public participation and community collaboration. Also require participation in the Fatality Analysis Reporting System, except for territories.

Allows grant funds to be used for automated traffic enforcement systems in school or work zones.

Increase Governors Highway Safety Association cooperative agreements to $3.5 million each year as a takedown of 402.

Section 405 Grants (Starting in FY 2024)

Establish two new grants to:

  • prevent death and injury from crashes involving vehicles striking other vehicles and individuals stopped at roadside, and
  • educate the public on law enforcement practices during traffic stops, and for a training program for officers on proper interaction with the public during traffic stops.

Expand eligible use of funds for existing state traffic safety information system improvements, impaired-driving countermeasures and nonmotorized safety incentive grants.

Require all states that receive occupant protection grants to expend a minimum of 10% of grant funds on child passenger safety programs in underserved communities.

Modify grant eligibility criteria for the Alcohol-Ignition Interlock Laws, 24-7 Sobriety Program, Distracted Driving, Motorcyclist Safety and Nonmotorized Safety grants.

Eliminate graduated driver licensing laws grant and maintenance of effort requirement for Sections 405b, 405c and 405d.

Section 1906 Racial Profiling Data Collection Grants (starting in FY 2022)

Increase annual funding to states to $10.35 million.

Make available $1.15 million for NHTSA to provide technical assistance to states and increase utilization of the Section 1906 grant.

Expand the eligible use of funds allowing states to develop and implement programs, public outreach and training to reduce the negative impact of traffic stops.

Increase the cap to 10% for states that qualify for a grant based on laws and policy.

Discretionary Grants

Establish state grants for electronic data transfer, allowing for the use of funds for equipment to upgrade statewide crash data repository, adoption of electronic crash reporting by law enforcement and increasing alignment with Model Minimum Uniform Crash Criteria.

Create grant program to provide funds to states to develop and implement state processes to inform drivers of open recalls when they are registering a vehicle.

Highway Safety Plans and Grant Applications (starting in FY 2024)

States are required to develop a 3-year Highway Safety Plan (HSP) to facilitate long-term planning over the current requirement for an annual plan.  States are required to submit an annual grant application that lays out the projects and activities to be undertaken in support of the 3-year Highway Safety Plan. The HSPs, annual reports and state performance will be posted on NHTSA’s website.

Triennial Highway Safety Plan 

  • The HSP must have a comprehensive, data-driven traffic safety program that results from meaningful public participation from affected communities; data-driven traffic safety enforcement programs; and data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and inform traffic enforcement activities.
  • States must use NHTSA's Uniform Guidelines to inform their HSP.
  • Performance targets must “demonstrate constant or improved performance.” 
  • States shall use a portion of Section 402 funds to carry out a public education program regarding the risks of leaving a child or unattended passenger in a vehicle. 

Annual Grant Application

  • The annual grant application will contain information about the projects and sub-recipients the state plans to fund in the coming year, as well as and Sections 405 and 1906 grant applications.
  • The annual report will include an assessment of the progress made in achieving the performance targets and a description of progress made and alignment with the triennial HSP.

Establish a public website for highway safety plans and State performance information that is easily accessible, navigable, and searchable for information, including performance measures, progress made toward performance targets, program areas and expenditures, and other sources of funds used to carry out the highway safety plan.

Appropriations

Authorizations of Appropriations

Vehicle Safety

  • $200,294,333 for fiscal year 2022,
  • $204,300,219 for fiscal year 2023,
  • $208,386,224 for fiscal year 2024,
  • $212,553,948 for fiscal year 2025, and
  • $216,805,027 for fiscal year 2026.

23 USC 402

  • $363,400,000 for fiscal year 2022,
  • $370,900,000 for fiscal year 2023,
  • $378,400,000 for fiscal year 2024,
  • $385,900,000 for fiscal year 2025, and
  • $393,400,000 for fiscal year 2026.

23 USC 403

  • $186,000,000 for fiscal year 2022,
  • $190,000,000 for fiscal year 2023,
  • $194,000,000 for fiscal year 2024,
  • $198,000,000 for fiscal year 2025, and
  • $202,000,000 for fiscal year 2026.

23 USC 404

  • $36,400,000 for fiscal year 2022,
  • $38,300,000 for fiscal year 2023,
  • $40,300,000 for fiscal year 2024,
  • $42,300,000 for fiscal year 2025, and
  • $44,300,000 for fiscal year 2026.

23 USC 405

  • $336,500,000 for fiscal year 2022,
  • $346,500,000 for fiscal year 2023,
  • $353,500,000 for fiscal year 2024,
  • $360,500,000 for fiscal year 2025, and
  • $367,500,000 for fiscal year 2026.

Administrative Expenses

  • $38,000,000 for fiscal year 2022,
  • $39,520,000 for fiscal year 2023,
  • $41,100,800 for fiscal year 2024,
  • $42,744,832 for fiscal year 2025, and
  • $44,454,625 for fiscal year 2026.

49 USC Chapter 303 (NDR)

  • $6,800,000 for fiscal year 2022,
  • $7,000,000 for fiscal year 2023,
  • $7,200,000 for fiscal year 2024,
  • $7,400,000 for fiscal year 2025, and
  • $7,600,000 for fiscal year 2026.

Supplemental Appropriations (Division J, Title VIII)

  • $750,000,000 over five years for crash data program (section 24108),
  • $548,500,000 over five years for vehicle and behavioral safety research, and
  • $310,000,000 over five years for supplemental highway traffic safety programs:
    • $100,000,000 for section 402 grant program,
    • $110,000,000 for section 405 grant program, and
    • $100,000,000 for grants administration.

Additional information on the Bipartisan Infrastructure Law can be found at Transportation.gov/BIL.