H. R. 2400—223
the influence of alcohol. Such grants may only be used by
recipient States to implement and enforce such programs.
‘‘(2) MAINTENANCE OF EFFORT.—No grant may be made
to a State under this section in any fiscal year unless the
State enters into such agreements with the Secretary as the
Secretary may require to ensure that the State will maintain
its aggregate expenditures from all other sources for alcohol
traffic safety programs at or above the average level of such
expenditures in its 2 fiscal years preceding the date of enact-
ment of the Transportation Equity Act for the 21st Century.
‘‘(3) MAXIMUM
PERIOD
OF
ELIGIBILITY.—No State may
receive grants under this section in more than 6 fiscal years
beginning after September 30, 1997.
‘‘(4) FEDERAL
SHARE.—The Federal share of the cost of
implementing and enforcing in a fiscal year a program adopted
by a State pursuant to paragraph (1) shall not exceed—
‘‘(A) in each of the first and second fiscal years in
which the State receives a grant under this section, 75
percent;
‘‘(B) in each of the third and fourth fiscal years in
which the State receives a grant under this section, 50
percent; and
‘‘(C) in each of the fifth and sixth fiscal years in which
the State receives a grant under this section, 25 percent.
‘‘(b) BASIC GRANT ELIGIBILITY.—
‘‘(1) BASIC
GRANT
A.—A State shall become eligible for
a grant under this paragraph by adopting or demonstrating
to the satisfaction of the Secretary at least 5 of the following:
‘‘(A) 
ADMINISTRATIVE
LICENSE
REVOCATION.—An
administrative driver’s license suspension or revocation sys-
tem for individuals who operate motor vehicles while under
the influence of alcohol that requires that—
‘‘(i) 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 determined on the basis of a chemical test to have
been operating a motor vehicle while under the influ-
ence 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) shall 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; and
‘‘(II) shall 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; and
‘‘(ii) the suspension and revocation referred to
under clause (i) shall take effect not later than 30
days after the day on which the individual refused
to submit to a chemical test or received notice of having
been determined to be driving under the influence
of alcohol, in accordance with the procedures of the
State.
H. R. 2400—224
‘‘(B) UNDERAGE DRINKING PROGRAM.—An effective sys-
tem, as determined by the Secretary, for preventing opera-
tors 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 sys-
tem may include the issuance of drivers’ licenses to
individuals under age 21 that are easily distinguishable
in appearance from drivers’ licenses issued to individuals
age 21 or older and the issuance of drivers’ licenses that
are tamper resistant.
‘‘(C) ENFORCEMENT PROGRAM.—Either—
‘‘(i) a statewide program for stopping motor
vehicles on a nondiscriminatory, lawful basis for the
purpose of determining whether the operators of such
motor vehicles are driving while under the influence
of alcohol; or
‘‘(ii) a statewide special traffic enforcement pro-
gram for impaired driving that emphasizes publicity
for the program.
‘‘(D) GRADUATED LICENSING SYSTEM.—A 3-stage grad-
uated licensing system for young drivers that includes
nighttime driving restrictions during the first 2 stages,
requires all vehicle occupants to be properly restrained,
and makes it unlawful for a person under age 21 to operate
a motor vehicle with a blood alcohol concentration of .02
percent or greater.
‘‘(E) DRIVERS
WITH
HIGH
BAC.—Programs to target
individuals with high blood alcohol concentrations who
operate a motor vehicle. Such programs may include
implementation of a system of graduated penalties and
assessment of individuals convicted of driving under the
influence of alcohol.
‘‘(F) YOUNG ADULT DRINKING PROGRAMS.—Programs to
reduce driving while under the influence of alcohol by
individuals age 21 through 34. Such programs may include
awareness campaigns; traffic safety partnerships with
employers, colleges, and the hospitality industry; assess-
ments of first-time offenders; and incorporation of treat-
ment into judicial sentencing.
‘‘(G) TESTING FOR BAC.—An effective system for increas-
ing the rate of testing of the blood alcohol concentrations
of motor vehicle drivers involved in fatal accidents and,
in fiscal year 2001 and each fiscal year thereafter, a rate
of such testing that is equal to or greater than the national
average.
‘‘(2) BASIC
GRANT
B.—A State shall become eligible for
a grant under this paragraph by adopting or demonstrating
to the satisfaction of the Secretary each of the following:
‘‘(A) FATAL
IMPAIRED
DRIVER
PERCENTAGE
REDUC-
TION.—The percentage of fatally injured drivers with 0.10
percent or greater blood alcohol concentration in the State
has decreased in each of the 3 most recent calendar years
for which statistics for determining such percentages are
available.
‘‘(B) FATAL
IMPAIRED
DRIVER
PERCENTAGE
COMPARI-
SON.—The percentage of fatally injured drivers with 0.10
percent or greater blood alcohol concentration in the State
H. R. 2400—225
has been lower than the average percentage for all States
in each of the calendar years referred to in subparagraph
(A).
‘‘(3) BASIC GRANT AMOUNT.—The amount of a basic grant
made to a State for a fiscal year under this subsection shall
equal up to 25 percent of the amount apportioned to the State
for fiscal year 1997 under section 402.
‘‘(c) SUPPLEMENTAL GRANTS.—
‘‘(1) IN GENERAL.—Upon receiving an application from a
State, the Secretary may make supplemental grants to the
State for meeting 1 or more of the following criteria:
‘‘(A) VIDEO EQUIPMENT FOR DETECTION OF DRUNK DRIV-
ERS.—The State provides for a program to acquire video
equipment to be used in detecting persons who operate
motor vehicles while under the influence of alcohol and
in prosecuting those persons, and to train personnel in
the use of that equipment.
‘‘(B) SELF-SUSTAINING DRUNK DRIVING PREVENTION PRO-
GRAM.—The State provides for a self-sustaining drunk driv-
ing prevention program under which a significant portion
of the fines or surcharges collected from individuals
apprehended and fined for operating a motor vehicle while
under the influence of alcohol are returned to those commu-
nities which have comprehensive programs for the preven-
tion of such operations of motor vehicles.
‘‘(C) REDUCING DRIVING WITH A SUSPENDED LICENSE.—
The State enacts and enforces a law to reduce driving
with a suspended license. Such law, as determined by
the Secretary, may require a ‘zebra’ stripe that is clearly
visible on the license plate of any motor vehicle owned
and operated by a driver with a suspended license.
‘‘(D) USE OF PASSIVE ALCOHOL SENSORS.—The State
provides for a program to acquire passive alcohol sensors
to be used by police officers in detecting persons who oper-
ate motor vehicles while under the influence of alcohol,
and to train police officers in the use of that equipment.
‘‘(E) EFFECTIVE
DWI
TRACKING
SYSTEM.—The State
demonstrates an effective driving while intoxicated (DWI)
tracking system. Such a system, as determined by the
Secretary, may include data covering arrests, case prosecu-
tions, court dispositions and sanctions, and provide for
the linkage of such data and traffic records systems to
appropriate jurisdictions and offices within the State.
‘‘(F) OTHER PROGRAMS.—The State provides for other
innovative programs to reduce traffic safety problems
resulting from individuals driving while under the influence
of alcohol or controlled substances, including programs that
seek to achieve such a reduction through legal, judicial,
enforcement, 
educational, 
technological, 
or 
other
approaches.
‘‘(2) ELIGIBILITY.—A State shall be eligible to receive a
grant under this subsection in a fiscal year only if the State
is eligible to receive a grant under subsection (b) in such
fiscal year.
‘‘(3) FUNDING.—Of the amounts made available to carry
out this section in a fiscal year, not to exceed 10 percent
shall be available for making grants under this subsection.
H. R. 2400—226
‘‘(d) ADMINISTRATIVE EXPENSES.—Funds authorized to be appro-
priated to carry out this section in a fiscal year shall be subject
to a deduction not to exceed 5 percent for the necessary costs
of administering the provisions of this section.
‘‘(e) APPLICABILITY OF CHAPTER 1.—The provisions contained
in section 402(d) shall apply to this section.
‘‘(f) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ALCOHOLIC BEVERAGE.—The term ‘alcoholic beverage’
has the meaning given such term in section 158(c).
‘‘(2) CONTROLLED SUBSTANCES.—The term ‘controlled sub-
stances’ has the meaning given such term in section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)).
‘‘(3) MOTOR VEHICLE.—The term ‘motor vehicle’ has the
meaning given such term in section 405.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1998.
SEC. 2005. STATE HIGHWAY SAFETY DATA IMPROVEMENTS.
(a) IN GENERAL.—Chapter 4 of title 23, United States Code,
is further amended by adding at the end the following:
‘‘§ 411. State highway safety data improvements
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject to the require-
ments of this section, the Secretary shall make grants to States
that adopt and implement effective programs—
‘‘(A) to improve the timeliness, accuracy, completeness,
uniformity, and accessibility of the data of the State that
is needed to identify priorities for national, State, and
local highway and traffic safety programs;
‘‘(B) to evaluate the effectiveness of efforts to make
such improvements;
‘‘(C) to link these State data systems, including traffic
records, with other data systems within the State, such
as systems that contain medical and economic data; and
‘‘(D) to improve the compatibility of the data system
of the State with national data systems and data systems
of other States and to enhance the ability of the Secretary
to observe and analyze national trends in crash occur-
rences, rates, outcomes, and circumstances.
Such grants may be used by recipient States only to implement
such programs.
‘‘(2) MODEL DATA ELEMENTS.—The Secretary, in consulta-
tion with States and other appropriate parties, shall determine
the model data elements necessary to observe and analyze
national trends in crash occurrences, rates, outcomes, and cir-
cumstances. In order to become eligible for a grant under
this section, a State shall demonstrate how the multiyear high-
way safety data and traffic records plan of the State described
in subsection (b)(1) will be incorporated into data systems of
the State.
‘‘(3) MAINTENANCE OF EFFORT.—No grant may be made
to a State under this section in any fiscal year unless the
State enters into such agreements with the Secretary as the
Secretary may require to ensure that the State will maintain
its aggregate expenditures from all other sources for highway
H. R. 2400—227
safety data programs at or above the average level of such
expenditures in its 2 fiscal years preceding the date of enact-
ment of the Transportation Equity Act for the 21st Century.
‘‘(4) MAXIMUM
PERIOD
OF
ELIGIBILITY.—No State may
receive grants under this section in more than 6 fiscal years
beginning after September 30, 1997.
‘‘(5) FEDERAL
SHARE.—The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal year
a program adopted by a State pursuant to paragraph (1) shall
not exceed—
‘‘(A) in the first and second fiscal years in which the
State receives a grant under this section, 75 percent;
‘‘(B) in the third and fourth fiscal years in which the
State receives a grant under this section, 50 percent; and
‘‘(C) in the fifth and sixth fiscal years in which the
State receives a grant under this section, 25 percent.
‘‘(b) FIRST-YEAR GRANTS.—
‘‘(1) ELIGIBILITY.—A State shall become eligible for a first-
year grant under this subsection in a fiscal year if the State
either—
‘‘(A) demonstrates, to the satisfaction of the Secretary,
that the State has—
‘‘(i) established a highway safety data and traffic
records coordinating committee with a multidisci-
plinary membership, including the administrators,
collectors, and users of such data (including the public
health, injury control, and motor carrier communities);
‘‘(ii) completed, within the preceding 5 years, a
highway safety data and traffic records assessment
or an audit of the highway safety data and traffic
records system of the State; and
‘‘(iii) initiated the development of a multiyear high-
way safety data and traffic records strategic plan
that—
‘‘(I) identifies and prioritizes the highway
safety data and traffic records needs and goals
of the State;
‘‘(II) identifies performance-based measures by
which progress toward those goals will be deter-
mined; and
‘‘(III) will be submitted to the highway safety
data and traffic records coordinating committee
of the State for approval; or
‘‘(B) provides, to the satisfaction of the Secretary—
‘‘(i) a certification that the State has met the
requirements of clauses (i) and (ii) of subparagraph
(A);
‘‘(ii) a multiyear highway safety data and traffic
records strategic plan that—
‘‘(I) meets the requirements of subparagraph
(A)(iii); and
‘‘(II) specifies how the incentive funds of the
State for the fiscal year will be used to address
needs and goals identified in the plan; and
‘‘(iii) a certification that the highway safety data
and traffic records coordinating committee of the State
H. R. 2400—229
SEC. 2006. NATIONAL DRIVER REGISTER.
(a) TRANSFER
OF
SELECTED
FUNCTIONS
TO
NON-FEDERAL
MANAGEMENT.—Section 30302 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(e) TRANSFER
OF
SELECTED
FUNCTIONS
TO
NON-FEDERAL
MANAGEMENT.—
‘‘(1) AGREEMENT.—The Secretary may enter into an agree-
ment with an organization that represents the interests of
the States to manage, administer, and operate the National
Driver Register’s computer timeshare and user assistance func-
tions. If the Secretary decides to enter into such an agreement,
the Secretary shall ensure that the management of these func-
tions is compatible with this chapter and the regulations issued
to implement this chapter.
‘‘(2) REQUIRED
DEMONSTRATION.—Any transfer of the
National Driver Register’s computer timeshare and user assist-
ance functions to an organization that represents the interests
of the States shall begin only after a determination is made
by the Secretary that all States are participating in the
National Driver Register’s ‘Problem Driver Pointer System’ (the
system used by the Register to effect the exchange of motor
vehicle driving records) and that the system is functioning
properly.
‘‘(3) TRANSITION
PERIOD.—Any agreement entered into
under this subsection shall include a provision for a transition
period sufficient to allow the States to make the budgetary
and legislative changes the States may need to pay fees charged
by the organization representing their interests for their use
of the National Driver Register’s computer timeshare and user
assistance functions. During this transition period, the Sec-
retary shall continue to fund these transferred functions.
‘‘(4) FEES.—The total of the fees charged by the organiza-
tion representing the interests of the States in any fiscal year
for the use of the National Driver Register’s computer timeshare
and user assistance functions shall not exceed the total cost
to the organization of performing these functions in such fiscal
year.
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing
in this subsection may be construed to diminish, limit, or other-
wise affect the authority of the Secretary to carry out this
chapter.’’.
(b) ACCESS TO REGISTER INFORMATION.—
(1) CONFORMING AMENDMENTS.—Section 30305(b) of title
49, United States Code, is amended—
(A) in paragraph (2) by inserting before the period
at the end the following: ‘‘, unless the information is about
a revocation or suspension still in effect on the date of
the request’’;
(B) in paragraph (8), as redesignated by section 207(b)
of the Coast Guard Authorization Act of 1996 (Public Law
104–324, 110 Stat. 3908)—
(i) by striking ‘‘paragraph (2)’’ and inserting ‘‘sub-
section (a) of this section’’; and
(ii) by moving the text of such paragraph 2 ems
to the left; and
(C) by redesignating paragraph (8), as redesignated
by section 502(b)(1) of the Federal Aviation Reauthorization
H. R. 2400—230
Act of 1996 (Public Law 104–264, 110 Stat. 3262), as para-
graph (9).
(2) FEDERAL AGENCY ACCESS PROVISION.—Section 30305(b)
of title 49, United States Code, is further amended—
(A) by redesignating paragraph (6) as paragraph (10)
and inserting such paragraph after paragraph (9);
(B) by inserting after paragraph (5) the following:
‘‘(6) The head of a Federal department or agency that issues
motor vehicle operator’s licenses may request the chief driver licens-
ing official of a State to obtain information under subsection (a)
of this section about an individual applicant for a motor vehicle
operator’s license from such department or agency. The department
or agency may receive the information, provided it transmits to
the Secretary a report regarding any individual who is denied
a motor vehicle operator’s license by that department or agency
for cause; whose motor vehicle operator’s license is revoked, sus-
pended, or canceled by that department or agency for cause; or
about whom the department or agency has been notified of a convic-
tion of any of the motor vehicle-related offenses or comparable
offenses listed in section 30304(a)(3) and over whom the department
or agency has licensing authority. The report shall contain the
information specified in section 30304(b).’’; and
(C) by adding at the end the following:
‘‘(11) The head of a Federal department or agency authorized
to receive information regarding an individual from the Register
under this section may request and receive such information from
the Secretary.’’.
(c) EVALUATION AND ASSESSMENT OF ALTERNATIVES.—
(1) 
EVALUATION.—The 
Secretary 
shall 
evaluate 
the
implementation of chapter 303 of title 49, United States Code,
and the programs under sections 31106 and 31309 of such
title and identify alternatives to improve the ability of the
States to exchange information about unsafe drivers and to
identify drivers with multiple licenses.
(2) TECHNOLOGY ASSESSMENT.—The Secretary, in conjunc-
tion with the American Association of Motor Vehicle Adminis-
trators, shall conduct an assessment of available electronic
technologies to improve access to and exchange of motor vehicle
driving records. The assessment may consider alternative
unique motor vehicle driver identifiers that would facilitate
accurate matching of drivers and their records.
(3) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the evaluation and
technology assessment, together with any recommendations for
appropriate administrative and legislative actions.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out paragraph (2) $250,000
in the aggregate for fiscal years beginning after September
30, 1998.
SEC. 2007. SAFETY STUDIES.
(a) BLOWOUT RESISTANT TIRES STUDY.—The Secretary shall
conduct a study on the benefit to public safety of the use of blowout
resistant tires on commercial motor vehicles and the potential to
decrease the incidence of accidents and fatalities from accidents
occurring as a result of blown out tires.
H. R. 2400—231
(b) SCHOOL BUS OCCUPANT SAFETY STUDY.—The Secretary shall
conduct a study to assess occupant safety in school buses. The
study shall examine available information about occupant safety
and analyze options for improving occupant safety.
(c) REPORTS.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall transmit to Congress a report
on the results of each study conducted under this section.
(d) LIMITATION ON FUNDING.—The Secretary may not expend
more than $200,000 from funds made available by section 403
of title 23, United States Code, for conducting each study under
this section.
SEC. 2008. EFFECTIVENESS OF LAWS ESTABLISHING MAXIMUM BLOOD
ALCOHOL CONCENTRATIONS.
(a) STUDY.—The Comptroller General shall conduct a study
to evaluate the effectiveness of State laws that—
(1) deem any individual with a blood alcohol concentration
of 0.08 percent or greater while operating a motor vehicle
to be driving while intoxicated; and
(2) deem any individual under the age of 21 with a blood
alcohol concentration of 0.02 percent or greater while operating
a motor vehicle to be driving while intoxicated;
in reducing the number and severity of alcohol-involved crashes.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall transmit to the Committee
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation
of the Senate a report containing the results of the study conducted
under this section.
SEC. 2009. AUTHORIZATIONS OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section
402 of title 23, United States Code, $149,700,000 for fiscal
year 1998, $150,000,000 for fiscal year 1999, $152,800,000 for
fiscal year 2000, $155,000,000 for fiscal year 2001, $160,000,000
for fiscal year 2002, and $165,000,000 for fiscal year 2003.
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—For
carrying out section 403 of title 23, United States Code,
$72,000,000 for each of fiscal years 1998 through 2003.
(3) OCCUPANT PROTECTION INCENTIVE GRANTS.—For carry-
ing out section 405 of title 23, United States Code, $10,000,000
for each of fiscal years 1999 and 2000, $13,000,000 for fiscal
year 2001, $15,000,000 for fiscal year 2002, and $20,000,000
for fiscal year 2003.
(4) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCEN-
TIVE GRANT PROGRAM.—For carrying out section 410 of title
23, United States Code, $34,500,000 for fiscal year 1998,
$35,000,000 for fiscal year 1999, $36,000,000 for each of fiscal
years 2000 and 2001, $38,000,000 for fiscal year 2002, and
$40,000,000 for fiscal year 2003.
(5) STATE HIGHWAY SAFETY DATA GRANTS.—For carrying
out section 411 of title 23, United States Code, $5,000,000
for fiscal year 1999, $8,000,000 for fiscal year 2000, $9,000,000
for fiscal year 2001, and $10,000,000 for fiscal year 2002.
H. R. 2400—232
(6) NATIONAL DRIVER REGISTER.—For carrying out chapter
303 of title 49, United States Code, by the National Highway
Traffic Safety Administration, $2,000,000 for each of fiscal years
1998 through 2003.
(b) ALLOCATIONS.—
(1) DRUGS AND DRIVER BEHAVIOR.—Out of amounts appro-
priated pursuant to subsection (a)(2) for fiscal years 1998
through 2003, the Secretary may use—
(A) not to exceed $2,000,000 per fiscal year to carry
out paragraphs (1) through (3) of section 403(b) of title
23, United States Code; and
(B) not to exceed $1,000,000 per fiscal year to carry
out paragraph (4) of such section.
(2) PUBLIC
EDUCATION
EFFORT.—Out of amounts appro-
priated pursuant to subsection (a)(2) for fiscal years 1998
through 2003, the Secretary shall obligate at least $500,000
per fiscal year to educate the motoring public on how to share
the road safely with commercial motor vehicles.
(c) APPLICABILITY OF TITLE 23.—Amounts made available under
subsection (a)(2) for each of fiscal years 1999 through 2003 shall
be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code.
(d) TRANSFERS.—In each fiscal year, the Secretary may transfer
any amounts remaining available under paragraph (3), (4), or (5)
of subsection (a) to the amounts made available under any other
of such paragraphs in order to ensure, to the maximum extent
possible, that each State receives the maximum incentive funding
for which the State is eligible under sections 405, 410, and 411
of title 23, United States Code.
TITLE III—FEDERAL TRANSIT
ADMINISTRATION PROGRAMS
SEC. 3001. SHORT TITLE.
This title may be cited as the ‘‘Federal Transit Act of 1998’’.
SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision of law, the
reference shall be considered to be made to a section or other
provision of title 49, United States Code.
SEC. 3003. DEFINITIONS.
Section 5302 is amended to read as follows:
‘‘§ 5302. Definitions
‘‘(a) IN GENERAL.—In this chapter, the following definitions
apply:
‘‘(1) CAPITAL PROJECT.—The term ‘capital project’ means
a project for—
‘‘(A) acquiring, constructing, supervising, or inspecting
equipment or a facility for use in mass transportation,
expenses incidental to the acquisition or construction
(including designing, engineering, location surveying, map-
ping, and acquiring rights-of-way), payments for the capital