2011 US Code
Title 23 - Highways
Chapter 4 - HIGHWAY SAFETY (§§ 401 - 412)
Section 408 - State traffic safety information system improvements

(a) Grant Authority.—Subject to the requirements of this section, the Secretary shall make grants to eligible States to support the development and implementation of effective programs by such States to—

(1) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data of the State that is needed to identify priorities for national, State, and local highway and traffic safety programs;

(2) evaluate the effectiveness of efforts to make such improvements;

(3) link the State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data; and

(4) improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States and enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances.

(b) First-Year Grants.—To be eligible for a first-year grant under this section in a fiscal year, a State shall demonstrate to the satisfaction of the Secretary that the State has—

(1) established a highway safety data and traffic records coordinating committee with a multidisciplinary membership that includes, among others, managers, collectors, and users of traffic records and public health and injury control data systems; and

(2) developed a multiyear highway safety data and traffic records system strategic plan—

(A) that addresses existing deficiencies in the State's highway safety data and traffic records system;

(B) that is approved by the highway safety data and traffic records coordinating committee;

(C) that specifies how existing deficiencies in the State's highway safety data and traffic records system were identified;

(D) that prioritizes, on the basis of the identified highway safety data and traffic records system deficiencies of the State, the highway safety data and traffic records system needs and goals of the State, including the activities under subsection (a);

(E) that identifies performance-based measures by which progress toward those goals will be determined; and

(F) that specifies how the grant funds and any other funds of the State are to be used to address needs and goals identified in the multiyear plan.

(c) Successive Year Grants.—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—

(1) certifies to the Secretary that an assessment or audit of the State's highway safety data and traffic records system has been conducted or updated within the preceding 5 years;

(2) certifies to the Secretary that its highway safety data and traffic records coordinating committee continues to operate and supports the multiyear plan;

(3) specifies how the grant funds and any other funds of the State are to be used to address needs and goals identified in the multiyear plan;

(4) demonstrates to the Secretary measurable progress toward achieving the goals and objectives identified in the multiyear plan; and

(5) submits to the Secretary a current report on the progress in implementing the multiyear plan.

(d) Grant Amount.—Subject to subsection (e)(3), the amount of a year grant made to a State for a fiscal year under this section shall equal the higher of—

(1) 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 2003 bears to the funds apportioned to all States under such section for fiscal year 2003; or

(2)(A) $300,000 in the case of the first fiscal year a grant is made to a State under this section after the date of enactment of this subparagraph; or

(B) $500,000 in the case of a succeeding fiscal year a grant is made to the State under this section after such date of enactment.

(e) Additional Requirements and Limitations.—

(1) Model data elements.—The Secretary, in consultation with States and other appropriate parties, shall determine the model data elements that are useful for the observation and analysis of State and national trends in occurrences, rates, outcomes, and circumstances of motor vehicle traffic accidents. In order to be eligible for a grant under this section, a State shall submit to the Secretary a certification that the State has adopted and uses such model data elements, or a certification that the State will use grant funds provided under this section toward adopting and using the maximum number of such model data elements as soon as practicable.

(2) Data on use of electronic devices.—The model data elements required under paragraph (1) shall include data elements, as determined appropriate by the Secretary, in consultation with the States and appropriate elements of the law enforcement community, on the impact on traffic safety of the use of electronic devices while driving.

(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 maintained by such State in the 2 fiscal years preceding the date of enactment of the SAFETEA–LU.

(4) Federal share.—The Federal share of the cost of adopting and implementing in a fiscal year a State program described in subsection (a) may not exceed 80 percent.

(5) Limitation on use of grant proceeds.—A State may use the proceeds of a grant received under this section only to implement the program described in subsection (a) for which the grant is made.

(f) Applicability of Chapter 1.—Section 402(d) of this title shall apply in the administration of this section.

(Added Pub. L. 97–364, title I, §101(a), Oct. 25, 1982, 96 Stat. 1738; amended Pub. L. 98–363, §§4, 7, July 17, 1984, 98 Stat. 436, 438; Pub. L. 100–17, title II, §203(a), (b), Apr. 2, 1987, 101 Stat. 219; Pub. L. 109–59, title II, §2006(a), Aug. 10, 2005, 119 Stat. 1527.)

The date of enactment of this subparagraph, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.

The date of enactment of the SAFETEA–LU, referred to in subsec. (e)(3), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.

2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to State traffic safety information system improvements for provisions relating to alcohol traffic safety programs.

1987—Subsec. (c). Pub. L. 100–17, §203(a), substituted “5” for “three” in introductory provisions and “third, fourth, and fifth fiscal years” for “third fiscal year” in par. (3).

Subsec. (g). Pub. L. 100–17, §203(b), inserted “and except that sums authorized by this subsection shall remain available until expended” before period at end of second sentence.

1984—Subsec. (a). Pub. L. 98–363, §§4(a), 7(a), struck out “basic and supplemental” after “Secretary shall make” and inserted “or a controlled substance” after “alcohol”.

Subsec. (c)(1). Pub. L. 98–363, §4(b), inserted “and controlled substance” after “alcohol”.

Subsec. (d)(3). Pub. L. 98–363, §7(b), added par. (3).

Subsec. (e)(3). Pub. L. 98–363, §7(c), added par. (3).

Subsec. (f)(8). Pub. L. 98–363, §4(c), added par. (8).

Amendment by Pub. L. 109–59 effective Oct. 1, 2005, see section 2022 of Pub. L. 109–59, set out as a note under section 402 of this title.

Pub. L. 104–59, title III, §358(d), Nov. 28, 1995, 109 Stat. 626, required the Secretary to conduct a study to evaluate the effectiveness of certain State laws on reducing drunk driving.

Pub. L. 97–364, title I, §101(c), Oct. 25, 1982, 96 Stat. 1740, required the Secretary of Transportation, before Feb. 1, 1983, to issue regulations to implement this section.