H.R. 5394

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5394 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5394

To amend chapter 1 of title 23, United States Code, to withhold from a 
State certain highway funds if the State operates an automated speed 
enforcement system, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 16, 2025

Mr. Harrigan (for himself, Mr. Crenshaw, Mr. Moore of Alabama, Mr. 
Perry, and Mr. Rulli) introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure

_______________________________________________________________________

A BILL

To amend chapter 1 of title 23, United States Code, to withhold from a 
State certain highway funds if the State operates an automated speed 
enforcement system, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Freedom from Automated Speed 
Enforcement Act of 2025''.

SEC. 2. AUTOMATED SPEED ENFORCEMENT SYSTEM.

(a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 180. Automated speed enforcement system
``(a) Withholding of Apportionments for Noncompliance.--The 
Secretary shall withhold 10 percent of the amount required to be 
apportioned to any State under each of paragraphs (1) and (2) of 
section 104(b) on the first day of each fiscal year, beginning after 
September 30, 2026, in which the State fails to submit the 
certification described in subsection (b).
``(b) Annual Certification.--
``(1) In general.--To be in compliance under subsection 
(a), the Governor of a State shall submit to the Secretary a 
certification that no jurisdiction in such State operates an 
automated speed enforcement system.
``(2) Audit.--To verify such certification, the Secretary 
may conduct an audit or require documentation as the Secretary 
determines necessary.
``(c) Exception for School and Work Zones.--Notwithstanding 
subsection (b), a State may operate an automated speed enforcement 
system in--
``(1) a designated school zone during posted school hours; 
and
``(2) an active construction work zone--
``(A) for the duration of the construction project; 
and
``(B) if--
``(i) when the location in which the 
automated speed system is operating is not an 
active construction work zone, the posted speed 
limit is less than 55 miles per hour; and
``(ii) such zone displays clear signage 
indicating that--
``(I) the area is a construction 
zone; and
``(II) there is an automated speed 
enforcement system in use.
``(d) Definition of Automated Speed Enforcement System.--In this 
section, the term `automated speed enforcement system' means any device 
that--
``(1) captures an image of a vehicle for the purpose of 
issuing a citation for exceeding a speed limit; and
``(2) operates without the presence of a law enforcement 
officer.''.
(b) Regulations.--The Secretary of Transportation may issue such 
regulations as are necessary to carry out section 180 of title 23, 
United States Code (as added by this Act).
(c) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

``180. Automated speed enforcement system.''.
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