submits an occupant protection plan during the first fiscal year;

participates in the Click It or Ticket national mobilization;

has an active network of child restraint inspection stations; and

has a plan to recruit, train, and maintain a sufficient number of child passenger safety technicians.

the State meets all of the requirements under clauses (i) through (iv) of subparagraph (A); and

The State conducts sustained (on-going and periodic) seat belt enforcement at a defined level of participation during the year.

The State has enacted and enforces a primary enforcement seat belt use law.

The State has implemented countermeasure programs for high-risk populations, such as drivers on rural roadways, unrestrained nighttime drivers, or teenage drivers.

The State has enacted and enforces occupant protection laws requiring front and rear occupant protection use by all occupants in an age-appropriate restraint.

conducted a program assessment;

developed a statewide strategic plan;

designated an occupant protection coordinator; and

established a statewide occupant protection task force.

completed an assessment of its occupant protection program during the 5-year period preceding the grant year; or

will conduct such an assessment during the first year of the grant.

carry out a program to support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement;

carry out a program to train occupant protection safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child restraints and occupant protection;

carry out a program to educate the public concerning the proper use and installation of child restraints, including related equipment and information systems;

carry out a program to provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints;

to recruit and train nationally certified child passenger safety technicians among police officers, fire and other first responders, emergency medical personnel, and other individuals or organizations serving low-income and underserved populations;

to educate parents and caregivers in low-income and underserved populations regarding the importance of proper use and correct installation of child restraints on every trip in a motor vehicle; and

to purchase and distribute child restraints to low-income and underserved populations; and

establish and maintain information systems containing data concerning occupant protection, including the collection and administration of child passenger safety and occupant protection surveys.

not more than 90 percent of those funds to carry out a project or activity eligible for funding under section 402; and

not less than 10 percent of those funds to carry out subparagraph (A)(v); and

under paragraph (3)(B) shall use not less than 10 percent of those funds to carry out the activities described in subparagraph (A)(v).

designed for use in a motor vehicle to restrain, seat, or position children who weigh 65 pounds (30 kilograms) or less; and

certified to the Federal motor vehicle safety standard prescribed by the National Highway Traffic Safety Administration for child restraints.

with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and

with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.

has a functioning traffic records coordinating committee (referred to in this paragraph as “TRCC”) that meets at least 3 times each year;

has designated a TRCC coordinator; and

has established a State traffic record strategic plan that has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the State’s core safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle databases; and

accuracy;

completeness;

timeliness;

uniformity;

accessibility; or

integration of a core highway safety database.

impaired driving as a result of drug, alcohol, or polysubstance consumption; and

advanced technologies present on motor vehicles; and

a statewide impaired driving task force in the State developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or

the State will convene a statewide impaired driving task force to develop such a plan during the first year of the grant.

conducted an assessment of the State’s impaired driving program during the most recent 3 calendar years; or

will conduct such an assessment during the first year of the grant;

addresses any recommendations from the assessment conducted under clause (i);

includes a detailed plan for spending any grant funds provided under this subsection; and

describes how such spending supports the statewide program; and

submits the statewide plan to the National Highway Traffic Safety Administration during the first year of the grant for the agency’s review and approval;

annually updates the statewide plan in each subsequent year of the grant; and

submits each updated statewide plan for the agency’s review and comment.

high-visibility enforcement efforts; and

the activity is described in the statewide plan; and

the Secretary approves the use of funding for such activity.

any of the purposes described in subparagraph (A);

hiring a full-time or part-time impaired driving coordinator of the State’s activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol, drugs, or the combination of alcohol and drugs;

hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers;

training and education of those professionals to assist the professionals in preventing impaired driving and handling impaired driving cases, including by providing compensation to a law enforcement officer to carry out safety grant activities to replace a law enforcement officer who is receiving drug recognition expert training or participating as an instructor in that drug recognition expert training; and

establishing driving while intoxicated courts;

alcohol ignition interlock programs;

improving blood alcohol and drug concentration screening and testing, detection of potentially impairing drugs (including through the use of oral fluid as a specimen), and reporting relating to testing and detection;

paid and earned media in support of high-visibility enforcement efforts, conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;

training on the use of alcohol and drug screening and brief intervention;

training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk;

developing impaired driving information systems;

costs associated with a 24-7 sobriety program; and

oral fluid-screening technologies;

electronic warrant programs;

equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing;

case management software to support the management of impaired driving offenders; and

technology to monitor impaired-driving offenders, and equipment and related expenditures used in connection with impaired-driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration.

Subject to clause (iii), low-range States may use grant funds for any expenditure designed to reduce impaired driving based on problem identification and may use not more than 50 percent of funds made available under this subsection for any project or activity eligible for funding under section 402.

Subject to clause (iii), medium-range and high-range States may use funds for any expenditure designed to reduce impaired driving based on problem identification upon approval by the Secretary.

crash information, including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information; and

impaired driving criminal justice information; or

researching or evaluating impaired driving countermeasures.

adopts, and is enforcing, a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated;

does not allow an individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive any driving privilege or driver’s license unless the individual installs on each motor vehicle registered, owned, or leased for operation by the individual an ignition interlock for a period of not less than 180 days; or

a State law requiring for any individual who is convicted of, or the driving privilege of whom is revoked or denied for, refusing to submit to a chemical or other appropriate test for the purpose of determining the presence or concentration of any intoxicating substance, a State law requiring a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and

satisfy a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and

have completed a minimum consecutive period of not less than 40 percent of the required period of ignition interlock installation immediately preceding the date of release of the individual, without a confirmed violation.

adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges; and

provides a 24-7 sobriety program.

Not more than 12 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (A).

Not more than 3 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (B).

The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.

The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.

A State-certified ignition interlock provider is not available within 100 miles of the individual’s residence.

require an individual who was arrested for, plead guilty to, or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and

at least twice per day at a testing location;

by continuous transdermal alcohol monitoring via an electronic monitoring device; or

by an alternate method with the concurrence of the Secretary.

means operating a motor vehicle on a public road; and

does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.

a device through which personal wireless services (as defined in section 332(c)(7)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C))) are transmitted; and

a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends, or reads a text message using at least 1 hand.

The term “personal wireless communications device” does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.

to read from, or manually to enter data into, a personal wireless communications device, including for the purpose of SMS texting, emailing, instant messaging, or any other form of electronic data retrieval or electronic data communication; and

manually to enter, send, or retrieve a text message to communicate with another individual or device.

a text-based message;

an instant message;

an electronic message; and

email.

an emergency, traffic, or weather alert; or

a message relating to the operation or navigation of a motor vehicle.

the apportionment of the State under section 402 for fiscal year 2009; bears to

the apportionment of all States under section 402 for that fiscal year.

the apportionment of the State under section 402 for fiscal year 2009; bears to

the apportionment of all States under section 402 for that fiscal year; and

subject to clauses (ii), (iii), and (iv), as applicable.

Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or (6) as a primary offense, the allocation to the State under this subparagraph shall be 100 percent of the amount calculated to be allocated to the State under clause (i)(I).

Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or (6) as a secondary enforcement action, the allocation to the State under this subparagraph shall be an amount equal to 50 percent of the amount calculated to be allocated to the State under clause (i)(I).

Notwithstanding clauses (ii) and (iii), the allocation under this subparagraph to a State that enacts and enforces a law that prohibits a driver from viewing a personal wireless communications device (except for purposes of navigation) shall be 25 percent of the amount calculated to be allocated to the State under clause (i)(I).

younger than 18 years of age; or

in the learner’s permit or intermediate license stage;

an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic; or

an exemption described in paragraph (7)(E).

operating an emergency services vehicle; and

engaged in the performance of their duties as emergency services personnel;

in a hands-free manner;

with a hands-free accessory; or

with the activation or deactivation of a feature or function of the personal wireless communications device with the motion of a single swipe or tap of the finger of the driver; and

to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving;

for traffic signs that notify drivers about the distracted driving law of the State; or

for law enforcement costs related to the enforcement of the distracted driving law.

Not more than 50 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402.

Not more than 75 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402 if the State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria published by the Secretary.

provides a formal program of instruction in crash avoidance and other safety-oriented operational skills to motorcyclists; and

may include innovative training opportunities to meet unique regional needs.

improvements to motorcyclist safety training curricula;

procurement or repair of practice motorcycles;

instructional materials;

mobile training units; and

leasing or purchasing facilities for closed-course motorcycle skill training;

measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and

public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, including “share-the-road” safety messages.

the presence of motorcycles on or near roadways; and

safe driving practices that avoid injury to motorcyclists.

nonmotorized road user safety, including information relating to nonmotorized mobility and the importance of speed management to the safety of nonmotorized road users;

the value of the use of nonmotorized road user safety equipment, including lighting, conspicuity equipment, mirrors, helmets, and other protective equipment, and compliance with any State or local laws requiring the use of that equipment;

State traffic laws applicable to nonmotorized road user safety, including the responsibilities of motorists with respect to nonmotorized road users; and

infrastructure designed to improve nonmotorized road user safety; and

is capable of receiving alerts regarding nearby first responders; and

in the case of a motor vehicle that is used for emergency response activities, is capable of sending alerts to civilian drivers to protect first responders on the scene and en route;

to carry firearms; and

to make warrantless arrests; and

the role of law enforcement and the duties and responsibilities of peace officers;

the legal rights of individuals concerning interactions with peace officers;

best practices for civilians and peace officers during those interactions;

the consequences for failure of an individual or officer to comply with the law or program; and

how and where to file a complaint against, or a compliment relating to, a peace officer.

has received a grant under this subsection for a period of not more than 5 years; and

has not fully enacted or adopted a law or program described in paragraph (4); but

has taken meaningful steps toward the full implementation of such a law or program; and

has established a timetable for the implementation of such a law or program.

withhold 50 percent of the amount that each qualifying State would otherwise receive under this subsection if the qualifying State were a State described in paragraph (2)(A); and

direct any amounts withheld under clause (i) for distribution among the States that are enforcing and carrying out a law or program described in paragraph (4).