H. R. 3—387
monitor for impaired driving, either through the use of sobriety 
check points or saturation patrols, on a nondiscriminatory, 
lawful basis for the purpose of determining whether the opera-
tors of the motor vehicles are driving while under the influence 
of alcohol—
‘‘(A) if the State organizes the campaigns in cooperation 
with related periodic national campaigns organized by the 
National Highway Traffic Safety Administration, except 
that this subparagraph does not preclude a State from 
initiating sustained high visibility, Statewide law enforce-
ment campaigns independently of the cooperative efforts; 
and 
‘‘(B) if, for each fiscal year, the State demonstrates 
to the Secretary that the State and the political subdivi-
sions of the State that receive funds under this section 
have increased, in the aggregate, the total number of 
impaired driving law enforcement activities at high incident 
locations (or any other similar activity approved by the 
Secretary) initiated in such State during the preceding 
fiscal year by a factor that the Secretary determines mean-
ingful for the State over the number of such activities 
initiated in such State during the preceding fiscal year. 
‘‘(2) PROSECUTION
AND
ADJUDICATION
OUTREACH
PRO-
GRAM.—A State prosecution and adjudication program under 
which—
‘‘(A) the State works to reduce the use of diversion 
programs by educating and informing prosecutors and 
judges through various outreach methods about the benefits 
and merits of prosecuting and adjudicating defendants who 
repeatedly commit impaired driving offenses; 
‘‘(B) the courts in a majority of the judicial jurisdictions 
of the State are monitored on the courts’ adjudication of 
cases of impaired driving offenses; or 
‘‘(C) annual statewide outreach is provided for judges 
and prosecutors on innovative approaches to the prosecu-
tion and adjudication of cases of impaired driving offenses 
that have the potential for significantly improving the 
prosecution and adjudication of such cases. 
‘‘(3) TESTING OF BAC.—An effective system for increasing 
from the previous year the rate of blood alcohol concentration 
testing of motor vehicle drivers involved in fatal accidents. 
‘‘(4) HIGH RISK DRIVERS.—A law that establishes stronger 
sanctions or additional penalties for individuals convicted of 
operating a motor vehicle while under the influence of alcohol 
whose blood alcohol concentration is 0.15 percent or more than 
for individuals convicted of the same offense but with a lower 
blood alcohol concentration. For purposes of this paragraph, 
‘additional penalties’ includes—
‘‘(A) a 1-year suspension of a driver’s license, but with 
the individual whose license is suspended becoming eligible 
after 45 days of such suspension to obtain a provisional 
driver’s license that would permit the individual to drive—
‘‘(i) only to and from the individual’s place of 
employment or school; and 
‘‘(ii) only in an automobile equipped with a certified 
alcohol ignition interlock device; and
H. R. 3—388
‘‘(B) a mandatory assessment by a certified substance 
abuse official of whether the individual has an alcohol 
abuse problem with possible referral to counseling if the 
official determines that such a referral is appropriate. 
‘‘(5) PROGRAMS
FOR
EFFECTIVE
ALCOHOL
REHABILITATION 
AND DWI COURTS.—A program for effective inpatient and out-
patient alcohol rehabilitation based on mandatory assessment 
and appropriate treatment for repeat offenders or a program 
to refer impaired driving cases to courts that specialize in 
driving while impaired cases that emphasize the close super-
vision of high-risk offenders. 
‘‘(6) UNDERAGE DRINKING PROGRAM.—An effective strategy, 
as determined by the Secretary, for preventing operators of 
motor vehicles under age 21 from obtaining alcoholic beverages 
and for preventing persons from making alcoholic beverages 
available to individuals under age 21. Such a strategy may 
include—
‘‘(A) the issuance of tamper-resistant drivers’ licenses 
to individuals under age 21 that are easily distinguishable 
in appearance from drivers’ licenses issued to individuals 
age 21 or older; and 
‘‘(B) a program provided by a nonprofit organization 
for training point of sale personnel concerning, at a min-
imum—
‘‘(i) the clinical effects of alcohol; 
‘‘(ii) methods of preventing second party sales of 
alcohol; 
‘‘(iii) recognizing signs of intoxication; 
‘‘(iv) methods to prevent underage drinking; and 
‘‘(v) Federal, State, and local laws that are relevant 
to such personnel; and 
‘‘(C) having a law in effect that creates a 0.02 percent 
blood alcohol content limit for drivers under 21 years old. 
‘‘(7) ADMINISTRATIVE LICENSE REVOCATION.—An administra-
tive driver’s license suspension or revocation system for individ-
uals who operate motor vehicles while under the influence 
of alcohol that requires that—
‘‘(A) in the case of an individual who, in any 5-year 
period beginning after the date of enactment of the 
Transportation Equity Act for the 21st Century, is deter-
mined on the basis of a chemical test to have been operating 
a motor vehicle while under the influence of alcohol or 
is determined to have refused to submit to such a test 
as proposed by a law enforcement officer, the State agency 
responsible for administering drivers’ licenses, upon receipt 
of the report of the law enforcement officer—
‘‘(i) suspend the driver’s license of such individual 
for a period of not less than 90 days if such individual 
is a first offender in such 5-year period; except that 
under such suspension an individual may operate a 
motor vehicle, after the 15-day period beginning on 
the date of the suspension, to and from employment, 
school, or an alcohol treatment program if an ignition 
interlock device is installed on each of the motor 
vehicles owned or operated, or both, by the individual; 
and
H. R. 3—389
‘‘(ii) suspend the driver’s license of such individual 
for a period of not less than 1 year, or revoke such 
license, if such individual is a repeat offender in such 
5–year period; except that such individual to operate 
a motor vehicle, after the 45-day period beginning on 
the date of the suspension or revocation, to and from 
employment, school, or an alcohol treatment program 
if an ignition interlock device is installed on each of 
the motor vehicles owned or operated, or both, by the 
individual; and 
‘‘(B) the suspension and revocation referred to under 
clause (i) take effect not later than 30 days after the 
date on which the individual refused to submit to a chem-
ical test or received notice of having been determined to 
be driving under the influence of alcohol, in accordance 
with the procedures of the State. 
‘‘(8) SELF SUSTAINING IMPAIRED DRIVING PREVENTION PRO-
GRAM.—A program under which a significant portion of the 
fines or surcharges collected from individuals who are fined 
for operating a motor vehicle while under the influence of 
alcohol are returned to communities for comprehensive pro-
grams for the prevention of impaired driving. 
‘‘(d) USES OF GRANTS.—Subject to subsection (g)(2), grants made 
under this section may be used for all programs and activities 
described in subsection (c), and to defray the following costs: 
‘‘(1) Labor costs, management costs, and equipment 
procurement costs for the high visibility, Statewide law enforce-
ment campaigns under subsection (c)(1). 
‘‘(2) The costs of the training of law enforcement personnel 
and the procurement of technology and equipment, including 
video equipment and passive alcohol sensors, to counter directly 
impaired operation of motor vehicles. 
‘‘(3) The costs of public awareness, advertising, and edu-
cational campaigns that publicize use of sobriety check points 
or increased law enforcement efforts to counter impaired oper-
ation of motor vehicles. 
‘‘(4) The costs of public awareness, advertising, and edu-
cational campaigns that target impaired operation of motor 
vehicles by persons under 34 years of age. 
‘‘(5) The costs of the development and implementation of 
a State impaired operator information system. 
‘‘(6) The costs of operating programs that result in vehicle 
forfeiture or impoundment or license plate impoundment. 
‘‘(e) ADDITIONAL
AUTHORITIES
FOR
CERTAIN
AUTHORIZED 
USES.—
‘‘(1) COMBINATION OF GRANT PROCEEDS.—Grant funds used 
for a campaign under subsection (d)(3) may be combined, or 
expended in coordination, with proceeds of grants under section 
402. 
‘‘(2) COORDINATION OF USES.—Grant funds used for a cam-
paign under paragraph (3) or (4) of subsection (d) may be 
expended—
‘‘(A) in coordination with employers, schools, entities 
in the hospitality industry, and nonprofit traffic safety 
groups; and 
‘‘(B) in coordination with sporting events and concerts 
and other entertainment events.
H. R. 3—390
‘‘(f) ALLOCATION.—Subject to subsection (g), funds made avail-
able to carry out this section shall be allocated among States 
that meet the eligibility criteria in subsection (b) on the basis 
of the apportionment formula under section 402(c). 
‘‘(g) GRANTS TO HIGH FATALITY RATE STATES.—
‘‘(1) IN GENERAL.—The Secretary shall make a separate 
grant under this section to each State that—
‘‘(A) is among the 10 States with the highest impaired 
driving related fatalities as determined by the Secretary 
using the most recent Fatality Analysis Reporting System 
of the National Highway Traffic Safety Administration; 
and 
‘‘(B) prepares a plan for grant expenditures under this 
subsection that is approved by the Administrator of the 
National Highway Traffic Safety Administration. 
‘‘(2) REQUIRED
USES.—At least one-half of the amounts 
allocated to States under this subsection may only be used 
for the program described in subsection (c)(1). 
‘‘(3) ALLOCATION.—Funds made available under this sub-
section shall be allocated among States described in paragraph 
(1) on the basis of the apportionment formula under section 
402(c), except that no State shall be allocated more than 30 
percent of the funds made available to carry out this subsection 
for a fiscal year. 
‘‘(4) FUNDING.—Not more than 15 percent per fiscal year 
of amounts made available to carry out this section for a 
fiscal year shall be made available by the Secretary for making 
grants under this subsection.’’; and 
(4) by adding at the end of subsection (i) (as redesignated 
by paragraph (2)) the following: 
‘‘(4) IMPAIRED
OPERATOR.—The term ‘impaired operator’ 
means a person who, while operating a motor vehicle—
‘‘(A) has a blood alcohol content of 0.08 percent or 
higher; or 
‘‘(B) is under the influence of a controlled substance. 
‘‘(5) IMPAIRED DRIVING RELATED FATALITY RATE.—The term 
‘impaired driving related fatality rate’ means the rate of alcohol 
related fatalities, as calculated in accordance with regulations 
which the Administrator of the National Highway Traffic Safety 
Administration shall prescribe.’’. 
(c) NHTSA TO ISSUE REGULATIONS.—Not later than 12 months 
after the date of enactment of this Act, the National Highway 
Traffic Safety Administration shall issue guidelines to the States 
specifying the types and formats of data that States should collect 
relating to drivers who are arrested or convicted for violation of 
laws prohibiting the impaired operation of motor vehicles. 
SEC. 2008. NHTSA ACCOUNTABILITY. 
(a) IN GENERAL.—Chapter 4 of title 23, United States Code, 
is amended by adding at the end the following: 
‘‘§ 412. Agency accountability 
‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.—At least once 
every 3 years the Secretary shall conduct a review of each State 
highway safety program. The review shall include a management 
evaluation of all grant programs funded under this chapter. The 
Secretary shall provide review-based recommendations on how each