Program Purpose

Section 2007 of SAFETEA-LU amends the alcohol-impaired driving counter measures incentive grant program (under Section 410 of chapter 4 of Title 23) to encourage States to adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol. 

A state may use these grant funds to implement the impaired driving activities found in the Programmatic Criteria section below, 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.

Eligibility

Beginning in FY 2006, a State is eligible for an incentive grant by meeting the following criteria:

    Low Fatality Rate Criteria

• Demonstrating an alcohol-related fatality rate of 0.5 or less per 100,000,000 vehicle miles traveled as of the date of the grant, as determined by the most recent data available in the Fatality Analysis Reporting System (FARS)

OR by

    Programmatic Criteria

Meeting 3 of the following program criteria for FY 2006, 4 criteria for FY 2007, and 5 criteria for FYs 2008 and 2009:

• A Statewide program to conduct a series of high visibility law enforcement campaigns using checkpoints and/or saturation patrols.
• A State prosecution and adjudication outreach program that educates prosecutors and judges about the benefits of prosecuting and adjudicating repeat offenders.
• A program to increase the rate of BAC testing of drivers involved in fatal crashes.
• A law that imposes stronger sanctions or additional penalties for high-risk drivers whose BAC is 0.15 percent or more.
• Effective alcohol rehabilitation for repeat offenders or a program to refer them to DWI Courts.
• An effective strategy to prevent drivers under 21 from obtaining alcoholic beverages and for preventing others from making alcoholic beverages available to individuals under 21.
• An administrative driver’s license suspension or revocation program for individuals who drive under the influence of alcohol.
• A program under which a significant portion of the fines or surcharges collected from individuals who are fined for driving while under the influence of alcohol are returned to communities so that comprehensive self-sustaining impaired driving prevention programs can be created. 

    High Fatality Rate Grants

An additional Section 410 grant is available to assist the 10 States with the highest-impaired driving related fatalities as determined by the most recent data available in FARS.  At least one-half of the amounts allocated under the High Fatality Rate Grant Program may be used only for Sobriety Check Point and/or Saturation Patrol Programs. 

Those jurisdictions defined as “States” in chapter 4 of Title 23 are eligible to receive Section 410 funds; this includes the 50 States, the District of Columbia, Puerto Rico, Virgin Islands, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and the Bureau of Indian Affairs. 

Funding

• 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, 50 percent in the third and fourth years in which a State receives a grant, and 25 percent in the fifth and sixth 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.
• States must demonstrate a maintenance of effort.

Program Administration

The National Highway Traffic Safety Administration will administer this program.