§ 411. — State highway safety data improvements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC411]
TITLE 23--HIGHWAYS
CHAPTER 4--HIGHWAY SAFETY
Sec. 411. State highway safety data improvements
(a) General Authority.--
(1) Authority to make grants.--Subject to the requirements of
this section, the Secretary shall make grants to States that adopt
and implement effective programs--
(A) to improve the timeliness, accuracy, completeness,
uniformity, and accessibility of the data of the State that is
needed to identify priorities for national, State, and local
highway and traffic safety programs;
(B) to evaluate the effectiveness of efforts to make such
improvements;
(C) to link these State data systems, including traffic
records, with other data systems within the State, such as
systems that contain medical and economic data; and
(D) to improve the compatibility of the data system of the
State with national data systems and data systems of other
States and to enhance the ability of the Secretary to observe
and analyze national trends in crash occurrences, rates,
outcomes, and circumstances.
Such grants may be used by recipient States only to implement such
programs.
(2) Model data elements.--The Secretary, in consultation with
States and other appropriate parties, shall determine the model data
elements necessary to observe and analyze national trends in crash
occurrences, rates, outcomes, and circumstances. In order to become
eligible for a grant under this section, a State shall demonstrate
how the multiyear highway safety data and traffic records plan of
the State described in subsection (b)(1) will be incorporated into
data systems of the State.
(3) Maintenance of effort.--No grant may be made to a State
under this section in any fiscal year unless the State enters into
such agreements with the Secretary as the Secretary may require to
ensure that the State will maintain its aggregate expenditures from
all other sources for highway safety data programs at or above the
average level of such expenditures in its 2 fiscal years preceding
the date of enactment of the Transportation Equity Act for the 21st
Century.
(4) Maximum period of eligibility.--No State may receive grants
under this section in more than 6 fiscal years beginning after
September 30, 1997.
(5) Federal share.--The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal year a
program adopted by a State pursuant to paragraph (1) shall not
exceed--
(A) in the first and second fiscal years in which the State
receives a grant under this section, 75 percent;
(B) in the third and fourth fiscal years in which the State
receives a grant under this section, 50 percent; and
(C) in the fifth and sixth fiscal years in which the State
receives a grant under this section, 25 percent.
(b) First-Year Grants.--
(1) Eligibility.--A State shall become eligible for a first-year
grant under this subsection in a fiscal year if the State either--
(A) demonstrates, to the satisfaction of the Secretary, that
the State has--
(i) established a highway safety data and traffic
records coordinating committee with a multidisciplinary
membership, including the administrators, collectors, and
users of such data (including the public health, injury
control, and motor carrier communities);
(ii) completed, within the preceding 5 years, a highway
safety data and traffic records assessment or an audit of
the highway safety data and traffic records system of the
State; and
(iii) initiated the development of a multiyear highway
safety data and traffic records strategic plan that--
(I) identifies and prioritizes the highway safety
data and traffic records needs and goals of the State;
(II) identifies performance-based measures by which
progress toward those goals will be determined; and
(III) will be submitted to the highway safety data
and traffic records coordinating committee of the State
for approval; or
(B) provides, to the satisfaction of the Secretary--
(i) a certification that the State has met the
requirements of clauses (i) and (ii) of subparagraph (A);
(ii) a multiyear highway safety data and traffic records
strategic plan that--
(I) meets the requirements of subparagraph (A)(iii);
and
(II) specifies how the incentive funds of the State
for the fiscal year will be used to address needs and
goals identified in the plan; and
(iii) a certification that the highway safety data and
traffic records coordinating committee of the State
continues to operate and supports the multiyear plan
described in clause (ii).
(2) Grant amounts.--The amount of a first-year grant made to a
State for a fiscal year under this subsection shall equal--
(A) if the State is eligible for the grant under paragraph
(1)(A), $125,000; and
(B) if the State is eligible for the grant under paragraph
(1)(B), an amount determined by multiplying--
(i) the amount appropriated to carry out this section
for such fiscal year; by
(ii) the ratio that the funds apportioned to the State
under section 402 for fiscal year 1997 bears to the funds
apportioned to all States under section 402 for fiscal year
1997;
except that no State eligible for a grant under paragraph (1)(B)
shall receive less than $250,000.
(3) States not meeting criteria.--The Secretary may award a
grant of up to $25,000 for 1 year to any State that does not meet
the criteria established in paragraph (1). The grant may only be
used to conduct activities needed to enable the State to qualify for
a first-year grant in the next fiscal year.
(c) \1\ Succeeding Year Grants.--
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\1\ So in original. Two subsecs. (c) have been enacted.
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(1) Eligibility.--A State shall be eligible for a grant under
this subsection in a fiscal year succeeding the first fiscal year in
which the State receives a grant under subsection (b) if the State,
to the satisfaction of the Secretary--
(A) submits or updates a multiyear highway safety data and
traffic records strategic plan that meets the requirements of
subsection (b)(1);
(B) certifies that the highway safety data and traffic
records coordinating committee of the State continues to operate
and supports the multiyear plan; and
(C) reports annually on the progress of the State in
implementing the multiyear plan.
(2) Grant amounts.--The amount of a succeeding year grant made
to the State for a fiscal year under this paragraph shall equal the
amount determined by multiplying--
(A) the amount appropriated to carry out this section for
such fiscal year; by
(B) the ratio that the funds apportioned to the State under
section 402 for fiscal year 1997 bears to the funds apportioned
to all States under section 402 for fiscal year 1997;
except that no State eligible for a grant under this paragraph shall
receive less than $225,000.
(c) \1\ Administrative Expenses.--Funds authorized to be
appropriated to carry out this section in a fiscal year shall be subject
to a deduction not to exceed 5 percent for the necessary costs of
administering the provisions of this section.
(d) Applicability of Chapter 1.--The provisions contained in section
402(d) shall apply to this section.
(Added Pub. L. 105-178, title II, Sec. 2005(a), June 9, 1998, 112 Stat.
332.)
References in Text
The date of enactment of the Transportation Equity Act for the 21st
Century, referred to in subsec. (a)(3), is the date of enactment of Pub.
L. 105-178, which was approved June 9, 1998.
