; Public Law 109–59 ) is amended— (1) in subsection (a), by striking primary and middle and inserting primary, middle, and high ; and (2) in subsection (k)(2)— (A) in the heading, by striking primary and middle and inserting primary, middle, and high ; (B) by striking primary and middle and inserting primary, middle, and high ; and (C) by striking eighth grade and inserting 12th grade . 2002. Safety incentive programs (a) Formula safety incentive program Chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Formula safety incentive program (a) Definitions In this section: (1) Metropolitan planning organization; urbanized area The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b). (2) Transportation management area The term transportation management area means a transportation management area identified or designated by the Secretary under section 134(k)(1). (3) Vulnerable road user The term vulnerable road user means a nonmotorist (as that term is used in the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration). (4) Vulnerable road user safety focus area The term vulnerable road user safety focus area means— (A) an urbanized area with combined fatality rate of vulnerable road users that is greater than 1.5 per 100,000 individuals; or (B) a State in which fatalities of vulnerable road users combined represents not less than 15 percent of the total annual crash fatalities in the State. (b) Formula funding awards (1) In general For each fiscal year, the Secretary shall distribute among the States the amounts made available to carry out this section for that fiscal year in accordance with paragraph (2). (2) Distribution The amount for each State shall be determined by multiplying the total amount of funding made available to carry out this section for the applicable fiscal year by the ratio that— (A) the total base apportionment for the State under section 104(c)