Minimum Penalties for Repeat Offenders for Driving While Intoxicated
To encourage States to enact and enforce Repeat Intoxicated Offender laws.
General information about this opportunity
Last Known Status
Agency: Department of Transportation
Office: National Highway Traffic Safety Administration (NHTSA)
Type(s) of Assistance Offered
Fiscal Year 2014: The Section 164 penalty transfer program seeks to reduce alcohol-impaired driving, specifically thru the enactment and enforcement of uniformly strong repeat offender laws. Since this program’s inception in 2000, alcohol-related fatalities involving a driver with a BAC of .08 or higher have declined from 12,261 to 10,076 in 2013. Funds transfer to the affected States under S. 164 provisions must be used solely for alcohol-impaired driving countermeasures permissible under NHTSA’s S. 402 State and Community Highway Safety formula grant program. Penalty funds elected to be transferred to must be either: (1) used for approved projects for alcohol-impaired driving countermeasures, or (2) directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations). Fiscal Year 2015: No Current Data Available Fiscal Year 2016: No Current Data Available
Highway Safety Act of 1998 as amended, 23 U.S.C 164.
Who is eligible to apply/benefit from this assistance?
States, the District of Columbia, and Puerto Rico.
State Highway Safety agencies.
If a State has not enacted and is not enforcing a Repeat Intoxicated Driver Law, then a state meets eligibility requirements. After being informed by NHTSA that it is subject to the penalty transfereligible for a grant, the Sstate submits to the agency a split letter advising the agency of the intent to split funds between alcohol programs or hazard elimination programs (FHWA). 2 CFR 200, Subpart E - Cost Principles applies to this program.
What is the process for applying and being award this assistance?
Preapplication coordination is required. Environmental impact information is not required for this program. 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.
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. NHTSA Office of Regional Operations and Program Delivery coordinated the program with the Federal Highway Administration. The program is eligible for coverage under Executive Order 12372, Intergovernmental Review of Federal Programs.
Once the State provides a split letter to NHTSA, the State will be given access to the transfer funds and can obligate the funds.
Approval/Disapproval Decision Time
How are proposals selected?
How may assistance be used?
Funds transferred from NHTSA must be used for alcohol-impaired driving countermeasures or enforcement of driving while intoxicated (DWI), driving under the influence DUI) and other related laws. A state may elect to use all or part of its transferred funds for activities eligible under Section 152 Hazard Elimination program. Funds transferred from NHTSA must be used for alcohol-impaired driving countermeasures or enforcement of driving while intoxicated (DWI), driving under the influence DUI) and other related laws.
What are the requirements after being awarded this opportunity?
Annual report required under the section 402 State and Community Highway Safety formula grant program must include a progress report on the prior year's program and accomplishments. No cash reports are required. No progress reports are required. Expenditure reports are not applicable. No performance monitoring is required.
In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503.
The project sponsor shall retain records for 3 years following submission of a final expenditure report and other project deliverables.
Other Assistance Considerations
Formula and Matching Requirements
Statutory Formula: Title 23, Part 164.
This program has no matching requirements.
This program does not have MOE requirements.
Length and Time Phasing of Assistance
The Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the electronic transfer of funds method of payment. Funds placed in obligation are available until expended. Method of awarding/releasing assistance: lump sum.
Who do I contact about this opportunity?
Regional or Local Office
See Regional Agency Offices. See Appendix IV of the Catalog for the addresses of the Regional Offices of NHTSA.
Mary D. Gunnels 1200 New Jersey Avenue, S.E., NTI-200, Washington, District of Columbia 20590 Email: Maggi.firstname.lastname@example.org
Phone: (202) 366-2121
(Project Grants) FY 14 $0; FY 15 est $35,895,317; and FY 16 est $0
Range and Average of Financial Assistance
The grants range were from $2,489,000 - $54,546,000.
Regulations, Guidelines and Literature
23 CFR 1270.
Examples of Funded Projects
Fiscal Year 2014: S. 164 penalty funds transferred to NHTSA can be used for approved alcohol-impaired driving projects within a State’s highway safety plan or may be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws . This includes the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of impaired driving laws. Fiscal Year 2015: No Current Data Available Fiscal Year 2016: No Current Data Available