Page:United States Statutes at Large Volume 119.djvu/1551

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1533

‘‘(f) ALLOCATION.—Subject to subsection (g), funds made available 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 subsection 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.

Regulations.

Deadline. 23 USC 410 note.

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

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