Section 2: Federal Laws and Regulations
Anchor: #i1004736Background
The United States Congress authorizes traffic safety funds to be appropriated to the US Department of Transportation (USDOT), National Highway Traffic Safety Administration (NHTSA). NHTSA apportions and distributes these funds to the states. The states obligate these funds through the annual state Highway Safety Performance Plan (HSPP), which is subject to NHTSA review.
The Texas Traffic Safety Program is primarily governed by federal regulations issued by NHTSA.
Anchor: #i1004753The Highway Safety Act of 1966
The Texas Traffic Safety Program operates under the provision of the Highway Safety Act of 1966, 23 USC 402, et seq., specifically 402(b)(1).
Under Section 402, federal agencies are given considerable leeway to modify the traffic safety program as necessary. This authorization requires these programs to have certain features under the HSPP before they are approved. These features are contained in the following federal regulations.
Anchor: #i1004770Applicable Federal Regulations
The following regulatory items govern the daily administration of traffic safety grants at the district and state level. Administrators of traffic safety grants should be familiar with and follow each cited title and rule to effectively design and manage programs. Thorough knowledge of these regulations will reduce a majority of grant questions before they become problems.
The following federal laws and regulations cover traffic safety grants:
|
Federal Laws Covering All Highway Safety Grants |
|
|
Document Title |
Revisions as of Date |
|
Federal Highway Administration (FHWA), National Highway Traffic Safety Administration (NHTSA) Memo on Section 154, 163, and 164 (This memo addresses joint FHWA-NHTSA administration of Section 154, 163, and 164 programs.) |
10/22/2007 |
|
Highway Safety Grant Funding Policy for NHTSA/FHWA Field-Administered Grants |
7/2007 |
|
49 CFR Part 18 — DOT Implementation of Common Grant Rule: Uniform Administrative Requirements For Grants and Cooperative Agreements to State and Local Governments (See the following discussion under the subheading “ The Common Rule”.) |
7/24/2007 |
|
49 CFR Part 19 — Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations |
10/16/2001 |
|
State Certifications and Assurances Statements |
8/2005 |
|
Lobby Guidance — Lobbying Restrictions |
4/30/2004 |
|
NHTSA Logo Guidance |
1/18/2000 |
|
Uniform Guidelines for State Highway Safety Programs |
1/18/2007 |
|
Grant Program Forms — Highway Safety Program Cost Summary |
4/27/2005 |
|
Grant Program Forms — Federal-Aid Reimbursement Voucher |
9/30/2000 |
|
Grant Program Forms — Request for Funds |
9/30/2000 |
|
Federal Laws Covering Section 402 Grants |
|
|
Document Title |
Revisions as of Date |
|
23 United States Code (U.S.C.) — Section 402 Highway Safety Program Legislation |
6/09/1998 |
|
23 CFR Part 1200 — Uniform Procedures for State Highway Safety Programs |
7/24/2007 |
|
23 CFR Part 1205 — Highway Safety Programs: Determination of Effectiveness |
7/24/2007 |
|
23 CFR Part 1206 — Rules of Procedure for Invoking Sanctions Under the Highway Safety Act of 1966 |
7/24/2007 |
|
23 CFR Part 1250 — Political Subdivision Participating in State Highway Safety Programs |
7/24/2007 |
|
23 CFR Part 1251 — State Highway Safety Agency |
7/24/2007 |
|
402 State Match Requirements — NHTSA Order 462-6C |
11/30/1993 |
|
NHTSA/FHWA Guidance — Section 402 Funding of Rail-Highway Crossing Safety Projects |
11/04/1994 |
|
NHTSA Guidance — Section 402 Safe Communities Funds |
1/22/1996 |
|
NHTSA Guidance — Youth Set-Aside Funds |
3/07/1996 |
|
402 Advertising Space Guidance |
12/01/2006 |
|
Federal Laws Covering SAFETEA-LU Incentive Grants |
|
|
Document Title |
Revisions as of Date |
|
23 United States Code (U.S.C.) — Section 405 Occupant Protection Incentive Grants – Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) Legislation |
8/10/2005 |
|
23 Code of Federal Regulations (CFR) Part 1345 — Incentive Grant Criteria for Occupant Protection Programs SAFETEA-LU Regulations |
12/30/2005 |
|
23 U.S.C — Section 406 Safety Belt Performance Grants SAFETEA-LU Legislation |
8/10/2005 |
|
Section 406 Safety Belt Performance Grants Implementing SAFETEA-LU Guidance |
1/25/2006 |
|
23 U.S.C. — Section 408 State Traffic Safety Information System Improvement Grants SAFETEA-LU Legislation |
8/10/2005 |
|
Section 408 State Traffic Safety Information System Improvements Grants Implementing SAFETEA-LU Guidance |
2/02/2006 |
|
23 U.S.C. — Section 410 Alcohol – Impaired Driving Countermeasures SAFETEA-LU Legislation |
8/10/2005 |
|
23 CFR Part 1313 — Incentive Grant Criteria for Alcohol-Impaired Driving Prevention Program SAFETEA-LU Regulations |
4/21/2006 |
|
23 U.S.C. Section 1906 — Incentive Grant Program to Prohibit Racial Profiling SAFETEA-LU Legislation |
8/10/2005 |
|
Section 1906 Incentive Grant Program to Prohibit Racial Profiling — Implementing Guidance |
2/02/2006 |
|
23 CFR Part 1350 — Incentive Grant Criteria for Motorcycle Safety Grants SAFETEA-LU Regulations |
7/19/2006 |
|
23 U.S.C. Section 2010 — Motorcyclist Safety Grants SAFETEA-LU Legislation |
8/05/2006 |
|
23 U.S.C. Section 2011 — Child Safety and Child Booster Seat Incentive Grants SAFETEA-LU Legislation |
8/01/2005 |
|
Section 2011 — Child Safety and Child Booster Seat Incentive Grants Implementing Guidance |
1/31/2006 |
|
Federal Laws Covering Transfer Funds |
|
|
Document Title |
Revisions as of Date |
|
23 U.S.C Section 153 — Use of Safety Belts and Motorcycle Helmets Legislation |
11/28/1995 |
|
23 CFR Part 1215 — Use of Safety Belts – Compliance and Transfer-of-Funds Procedures |
6/06/1996 |
|
Section 153 Transfer Funds — NHTSA/FHWA Program Guidance |
7/19/1994 |
|
23 U.S.C. Section 154 — Open Container Requirements Legislation |
7/22/1998 |
|
23 CFR Part 1270 — Open Container Laws Regulations |
8/24/2000 |
|
23 U.S.C. Section 164 — Minimum Penalties for Repeat Offenders for Driving While Intoxicated or Driving Under the Influence Legislation |
7/22/1998 |
|
23 CFR Part 1275 — Repeat Intoxicated Driver Laws Regulations |
10/04/2000 |
|
Section 154/164 Guidance on TEA-21 Transfer Funding |
3/31/2000 |
|
Sec. 154/164 — Frequently asked questions and answers regarding Sec. 154/164 |
July 2000 |
Anchor: #i1004784
The Common Rule
The United States Department of Transportation (USDOT) Common Rule is contained in Title 49, Code of Federal Regulations (CFR), Part 18, and is titled “Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments.”
The Common Rule was developed to establish “consistency and uniformity among federal agencies in the implementation and management of grants and cooperative agreements with state, local, and federally recognized Indian tribal governments” (Office of Management and Budget [OMB] Circular A-102 [revised], 8/29/1997).
The Common Rule supersedes OMB Circular A-102 of 1981. The Common Rule applies to federal grant recipients (such as the State of Texas) and the sub-recipients of federally assisted grants (such as municipalities receiving traffic safety grants from the State of Texas). The State of Texas has adopted the Common Rule and it is included in the Texas Uniform Grant Management Standards found in Texas Government Code, Chapter 783.
Anchor: #i1004808Other Applicable Office of Management and Budget Circulars
Office of Management and Budget (OMB) circulars are frequently used reference materials in administering grants. The following table lists OMB circulars applicable to the Texas Traffic Safety Program:
|
Document Title |
Revisions as of Date |
|---|---|
|
2 CFR, Part 220 (OMB Circular A-21) — Cost Principles for Educational Institutions |
1/01/2010 |
|
2 CFR, Part 225 (OMB Circular A-87) — Cost Principles for State, Local, and Indian Tribal Governments |
1/01/2010 |
|
2 CFR, Part 230 (OMB Circular A-122) — Cost Principles for Nonprofit Organizations |
1/01/2010 |
|
OMB Circular A-133 — Audits of States, Local Governments, and Non-profit Organizations |
6/27/2003 |
|
49 CFR, Part 19 (OMB Circular A-110) — Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations |
10/01/2010 |
Anchor: #i1004817
Documents Available
The foregoing federal regulations, rules, and other cited procedural documents are available in the Highway Safety Grant Management Manual.