Page:United States Statutes at Large Volume 105 Part 3.djvu/187

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PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 2071 powers and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program; "(B) authorize political subdivisions of the State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the minimum standards established by the Secretary under this section; "(C) except as provided in paragraph (5), provide that at least 40 percent of all Federal funds apportioned under this section to the State for any fiscsil year will be expended by the political subdivisions of the State, including Indian tribal governments, in carrying out local highway safety programs authorized in accordance with subparagraph (B); and "(D) provide adequate and reasonable access for the safe and convenient movement of individuals with disabilities, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State. "(4) WAIVER.— The Secretary may waive the requirement of paragraph (3)(C), in whole or in part, for a fiscal year for any State whenever the Secretary determines that there is an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year. "(5) USE OF TECHNOLOGY FOR TRAFFIC ENFORCEMENT. — The Secretary may encourage States to use technologically advanced traffic enforcement devices (including the use of automatic speed detection devices such as photo-radar) by law enforcement officers. ". (c) CONFORMING AMENDMENT.— Section 402(d) of such title is amended by striking "Federafaid primary" and inserting "National Highway System". SEC. 2003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. (a) GENERAL AUTHORITY; DRUGS, AND DRIVER BEHAVIOR.— Section 403 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: "(a) AUTHORITY OF THE SECRETARY. — "(1) IN GENERAL. —The Secretary is authorized to use funds appropriated to carry out this section to engage in research on all phases of highway safety and traffic conditions. "(2) ADDITIONAL AUTHORITY.— 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— "(A) training or education of highway safety personnel, "(B) research fellowships in highway safety, "(C) development of improved accident investigation procedures, "(D) emergency service plans, "(E) demonstration projects, and "(F) related research and development activities which the Secretary deems will promote the purposes of this section.