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20.601 ALCOHOL TRAFFIC SAFETY AND DRUNK DRIVING PREVENTION INCENTIVE GRANTS

FEDERAL AGENCY
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

AUTHORIZATION
Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2004, Section 2007, Public Law 109-59, as amended, 23 U.S.C. 410.

OBJECTIVES
To encourage States to adopt effective programs to reduce crashes resulting from persons driving while under the influence of alcohol and other controlled substances.

TYPES OF ASSISTANCE
Project Grants.

USES AND USE RESTRICTIONS
Incentive grant funds are available to States to implement effective programs to reduce drunk and drugged driving, in compliance with established criteria.

Applicant Eligibility
States, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. States are provided with two alternative means to qualify for a Section 410 grant. Under the first alternative, States may qualify as a low fatality rate State if they have an alcohol-related fatality rate of 0.5 or less per 100 million vehicle miles traveled (VMT). Under the second alternative, States may qualify as a programmatic State if they demonstrate that they meet three of eight grant criteria for fiscal year 2006, four of eight grant criteria for fiscal year 2007, and five of eight grant criteria for fiscal years 2008 and 2009. Qualifying under both alternatives would not entitle the State to receive additional grant funds. SAFETEA-LU directs that States with low alcohol-related fatality rates, based on the agency's Fatality Analysis Reporting System (FARS), be awarded grants without the need to satisfy any of these programmatic criteria. There is also an additional Section 410 grant available to assist the 10 States with the highest impaired driving related fatalities as determined by the most recent FARS data.

Beneficiary Eligibility
State Highway Safety Agency.

Credentials/Documentation
State submits certification and application that it meets eligibility requirements; after being informed by the National Highway Traffic Safety Administration (NHTSA) that it is eligible for a grant, State submits to the agency a plan that describes the programs the State will implement using the funds.

Preapplication Coordination
Low fatality rate States: Prior to the start of the application period (on or about June 1 of that fiscal year), the agency will inform States that qualify for a grant based on low fatality rates. These States will not be required to submit an application demonstrating compliance with the programmatic requirements. They will, however, be required to submit information that identifies how the grant funds will be used in accordance with the requirements of SAFETEA-LU. If the agency experiences a delay in making fatality rate information available, all States should prepare and submit information demonstrating compliance with the required number of programmatic criteria. A State should not assume qualification for Section 410 funding as a low fatality rate State until the information is made available by the agency. Programmatic states: To qualify for a Section 410 grant in FY 2006 based on programmatic criteria, SAFETEA-LU requires a State to demonstrate compliance with three of the following eight criteria: A high visibility impaired driving enforcement program; a prosecution and adjudication outreach program; a BAC testing program; a high-risk drivers program; an alcohol rehabilitation or DWI court program; an underage drinking prevention program; an administrative driver's license suspension or revocation system; and a self-sustaining impaired driving prevention program. States will be required to meet four of eight criteria to qualify in FY 2007 and five of eight criteria to qualify in each subsequent fiscal year. High Fatality Rate States: Any State that is determined to have one of the ten highest fatality rates will be eligible for a separate grant under Section 410. The agency will calculate the alcohol fatality rate per 100 million vehicle miles traveled (VMT) for each State using the most recent final FARS data available prior to the date of the grant. A qualifying high fatality rate State would be required to submit a plan that details expenditures for the funding provided. NHTSA Regional Administrator coordinates qualification process with Office of Injury Control Operations and Resources. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedure
State submits certification and application that it meets eligibility requirements; after being informed that it is eligible for a grant, State submits to the agency a plan that describes the programs the State will implement using the funds.

Award Procedure
The State submits information that reflects its eligibility for the award based on the criteria for which it is applying. NHTSA staff review the information to determine the eligibility of the State. If the State is deemed eligible to receive an award, it will be notified by the Region and will also receive an official letter of award from the NHTSA Administrator. The release of grant funds shall be subject to the availability of funds for that fiscal year.

Deadlines
Applications would be required to be submitted to the agency no later than August 1 of the fiscal year in which the States are applying for grant funds.

Range of Approval/Disapproval Time
Applicant should receive a response, from the agency, between 30 to 90 days.

Appeals
Not applicable.

Renewals
States are eligible for up to 4 years under the 410 program. Certification and plan must be approved each year.

Formula and Matching Requirements
Authorizes $515 million for Fiscal Years 2006-2009. No more than 15 percent of Section 410 funding in a fiscal year shall be made available for High Fatality Rate Grants. High Fatality Rate Grants will be allocated to States that qualify on the basis of the Section 402 apportionment, except that no State may receive more than 30 percent of the funds available for this subsection. After a deduction for High Fatality Rate Grants, available Section 410 funds will be allocated to States that qualify under the Low Fatality Rate or Programmatic Criteria on the basis of the Section 402 apportionment. The Federal share of programs funded under this section shall not exceed 75 percent in the first and second years in which a State receives a grant, and 50 percent in the third and fourth years in which a State receives a grant. The Secretary may transfer any amounts remaining available under Sections 405, 408, and 410 to the amounts made available under any other of these programs to ensure, to the maximum extent possible, that each State receives the maximum incentive funding for which it is eligible. This program has MOE requirements; see funding agency for further details.

Length and Time Phasing of Assistance
Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the Electronic Transfer of Funds method. Funds placed in obligation are available until expended.

Reports
Annual program plan for next year's funding must include a progress report on the prior year's program and accomplishments.

Audits
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), Audits of States, Local Governments, and Nonprofit Organizations, nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records
Records relating to the program shall be retained for a period not less than 3 years from the date of submission of final financial report.

Account Identification
69-8020-0-7-401.

Obligations
(Incentive Grants) FY 07 $124,500,000; FY 08 est $131,000,000; and FY 09 est $139,000,000.

Range and Average of Financial Assistance
$258,000 to $9,770,407.

PROGRAM ACCOMPLISHMENTS
Implementation of impaired driving activities found in the Programmatic Criteria section, as well as costs for high visibility enforcement; the costs of training and equipment for law enforcement; the costs of advertising and educational campaigns that publicize checkpoints, increase law enforcement efforts and target impaired drivers under 34 years of age; the costs of a State impaired operator information system, and the costs of vehicle or license plate impoundment.In FY 2007, 50 states and Puerto Rico received grants.

REGULATIONS, GUIDELINES, AND LITERATURE
23 CFR Part 1313.

Regional or Local Office
See Appendix IV of the Catalog for a listing of National Highway Traffic Safety Administration regional office addresses.

Headquarters Office
Marlene Markison, Associate Administrator for Regional Operations and Program Delivery, National Highway Traffic Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590. Telephone: (202) 366-2121.

Web Site Address
www.nhtsa.dot.gov

RELATED PROGRAMS
20.600, State and Community Highway Safety.

EXAMPLES OF FUNDED PROJECTS
Driving while intoxicated (DWI) prevention programs with special emphasis on law enforcement of drunk driving laws and public awareness, advertising and education about such laws; police training in a variety of drunk and impaired driving issues; and the procurement of technology and equipment, including video equipment, and passive alcohol sensors.

CRITERIA FOR SELECTING PROPOSALS
States must meet criteria established by statute and regulation including, for example, prompt license suspension for drunk driving, mandatory sentencing for repeat drunk driving offenders and self-sustaining drunk driving prevention programs.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)