Page:United States Statutes at Large Volume 119.djvu/1546

 119 STAT. 1528

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(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

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