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portioned to the State for the highway safety im-
provement program under section 148 for
projects that were eligible for funding under sec-
tions 130 and 152 of that title, as in effect on
the day before the date of enactment of this Act.
(B) 
NO
STRATEGIC
HIGHWAY
SAFETY
PLAN.—If a State has not developed a strategic
highway safety plan by October 1 of the second
fiscal year after the date of enactment of this
Act, but certifies to the Secretary that progress
is being made toward developing and imple-
menting such a plan, the Secretary shall con-
tinue to apportion funds for 1 additional fiscal
year for the highway safety improvement pro-
gram under section 148 of title 23, United States
Code, to the State, and the State may continue
to obligate funds apportioned to the State under
this section for projects that were eligible for
funding under sections 130 and 152 of that title,
as in effect on the day before the date of enact-
ment of this Act.
(C) PENALTY.—If a State has not adopted
a strategic highway safety plan by the date that
is 2 years after the date of enactment of this Act,
funds made available to the State under section
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1101(6) shall be redistributed to other States in
accordance with section 104(b)(3) of title 23,
United States Code.
SEC. 1402. OPERATION LIFESAVER.
Section 104(d)(1) of title 23, United States Code, is
amended—
(1) by striking ‘‘subsection (b)(3)’’ and inserting
‘‘subsection (b)(5)’’; and
(2) by striking ‘‘$500,000’’ and inserting
‘‘$563,177’’.
SEC. 1403. INCREASED PENALTIES FOR HIGHER-RISK DRIV-
ERS DRIVING WHILE INTOXICATED OR DRIV-
ING UNDER THE INFLUENCE.
(a) IN GENERAL.—Section 164 of title 23, United
States Code, is amended to read as follows:
‘‘§ 164. Increased penalties for higher-risk drivers
driving 
while 
intoxicated 
or 
driving
under the influence
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BLOOD
ALCOHOL
CONCENTRATION.—The
term ‘blood alcohol concentration’ means grams of al-
cohol per 100 milliliters of blood or the equivalent
grams of alcohol per 210 liters of breath.
‘‘(2) DRIVING
WHILE
INTOXICATED; DRIVING
UNDER THE INFLUENCE.—The terms ‘driving while
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intoxicated’ and ‘driving under the influence’ mean
driving or being in actual physical control of a motor
vehicle while having a blood alcohol concentration
above the permitted limit as established by each State.
‘‘(3) HIGHER-RISK IMPAIRED DRIVER LAW.—
‘‘(A) IN GENERAL.—The term ‘higher-risk
impaired driver law’ means a State law that
provides, as a minimum penalty, that—
‘‘(i) an individual described in sub-
paragraph (B) shall—
‘‘(I) receive a driver’s license sus-
pension;
‘‘(II)(aa) have the motor vehicle
driven at the time of arrest impounded
or immobilized for not less than 45
days; and
‘‘(bb) for the remainder of the li-
cense suspension period, be required to
install a certified alcohol ignition
interlock device on the vehicle;
‘‘(III)(aa) be subject to an assess-
ment by a certified substance abuse of-
ficial of the State that assesses the de-
gree of abuse of alcohol by the indi-
vidual; and
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‘‘(bb) be assigned to a treatment
program or impaired driving edu-
cation program, as determined by the
assessment and paid for by the indi-
vidual; and
‘‘(IV) be imprisoned for not less
than 10 days, or have an electronic
monitoring device for not less than 100
days; and
‘‘(ii) an individual who is convicted of
driving while intoxicated or driving under
the influence with a blood alcohol concentra-
tion level of 0.15 percent or greater shall—
‘‘(I) receive a driver’s license sus-
pension; and
‘‘(II)(aa) be subject to an assess-
ment by a certified substance abuse of-
ficial of the State that assesses the de-
gree of abuse of alcohol by the indi-
vidual; and
‘‘(bb) be assigned to a treatment
program or impaired driving edu-
cation program, as determined by the
assessment and paid for by the indi-
vidual.
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‘‘(B) COVERED
INDIVIDUALS.—An indi-
vidual referred to in subparagraph (A)(i) is an
individual who—
‘‘(i) is convicted of a second or subse-
quent offense for driving while intoxicated
or driving under the influence within a pe-
riod of 7 consecutive years; or
‘‘(ii) is convicted of a driving-while-
suspended offense, if the suspension was the
result of a conviction for driving under the
influence.
‘‘(4) LICENSE SUSPENSION.—The term ‘license
suspension’ means, for a period of not less than 1
year—
‘‘(A) the suspension of all driving privileges
of an individual for the duration of the suspen-
sion period; or
‘‘(B) a combination of suspension of all
driving privileges of an individual for the first
45 days of the suspension period, followed by re-
instatement of limited driving privileges requir-
ing the individual to operate only motor vehicles
equipped with an ignition interlock system or
other device approved by the Secretary during
the remainder of the suspension period.
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‘‘(5) MOTOR VEHICLE.—
‘‘(A) IN GENERAL.—The term ‘motor vehi-
cle’ means a vehicle driven or drawn by mechan-
ical power and manufactured primarily for use
on public highways.
‘‘(B) EXCLUSIONS.—The term ‘motor vehi-
cle’ does not include—
‘‘(i) a vehicle operated solely on a rail
line; or
‘‘(ii) a commercial vehicle.
‘‘(b) TRANSFER OF FUNDS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), on October 1, 2008, and each October 1
thereafter, if a State has not enacted or is not enforc-
ing a higher-risk impaired driver law, the Secretary
shall transfer an amount equal to 3 percent of the
funds apportioned to the State on that date under
paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be
used in accordance with section 402(a)(3) only to
carry out impaired driving programs.
‘‘(2) 
NATIONWIDE
TRAFFIC
SAFETY
CAM-
PAIGNS.—The Secretary shall—
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‘‘(A) reserve 25 percent of the funds that
would otherwise be transferred to States for a fis-
cal year under paragraph (1); and
‘‘(B) use the reserved funds to make law en-
forcement grants, in connection with nationwide
traffic safety campaigns, to be used in accord-
ance with section 402(a)(3).’’.
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 1 of title 23, United States Code, is
amended by striking the item relating to section 164 and
inserting the following:
‘‘164. Increased penalties for higher-risk drivers driving while intoxicated or
driving under the influence.’’.
SEC. 1404. BUS AXLE WEIGHT EXEMPTION.
Section 1023 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 127 note; 105 Stat.
1951) is amended by striking subsection (h) and inserting
the following:
‘‘(h) OVER-THE-ROAD BUS AND PUBLIC TRANSIT VE-
HICLE EXEMPTION.—
‘‘(1) IN GENERAL.—The second sentence of sec-
tion 127 of title 23, United States Code (relating to
axle weight limitations for vehicles using the Dwight
D. Eisenhower System of Interstate and Defense
Highways), shall not apply to—
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‘‘(A) any over-the-road bus (as defined in
section 301 of the Americans With Disabilities
Act of 1990 (42 U.S.C. 12181)); or
‘‘(B) any vehicle that is regularly and ex-
clusively used as an intrastate public agency
transit passenger bus.
‘‘(2) STATE ACTION.—No State or political sub-
division of a State, or any political authority of 2 or
more States, shall impose any axle weight limitation
on any vehicle described in paragraph (1) in any case
in which such a vehicle is using the Dwight D. Eisen-
hower System of Interstate and Defense Highways.’’.
SEC. 1405. SAFE ROUTES TO SCHOOLS PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter I of title
23, United States Code, is amended by inserting after sec-
tion 149 the following:
‘‘§ 150. Safe routes to schools program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PRIMARY
AND
SECONDARY
SCHOOL.—The
term ‘primary and secondary school’ means a school
that provides education to children in any of grades
kindergarten through 12.
‘‘(2) PROGRAM.—The term ‘program’ means the
safe routes to schools program established under sub-
section (b).
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‘‘(3) VICINITY OF A SCHOOL.—The term ‘vicinity
of a school’ means the area within 2 miles of a pri-
mary or secondary school.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish
and carry out a safe routes to school program for the benefit
of children in primary and secondary schools in accordance
with this section.
‘‘(c) PURPOSES.—The purposes of the program shall
be—
‘‘(1) to enable and to encourage children to walk
and bicycle to school;
‘‘(2) to encourage a healthy and active lifestyle
by making walking and bicycling to school safer and
more appealing transportation alternatives; and
‘‘(3) to facilitate the planning, development, and
implementation of projects and activities that will
improve safety in the vicinity of schools.
‘‘(d) ELIGIBLE
RECIPIENTS.—A State shall use
amounts apportioned under this section to provide finan-
cial assistance to State, regional, and local agencies that
demonstrate an ability to meet the requirements of this sec-
tion.
‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.—
‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
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‘‘(A) IN
GENERAL.—Amounts apportioned
to a State under this section may be used for the
planning, design, and construction of infrastruc-
ture-related projects to encourage walking and
bicycling to school, including—
‘‘(i) sidewalk improvements;
‘‘(ii) traffic calming and speed reduc-
tion improvements;
‘‘(iii) pedestrian and bicycle crossing
improvements;
‘‘(iv) on-street bicycle facilities;
‘‘(v) off-street bicycle and pedestrian
facilities;
‘‘(vi) secure bicycle parking facilities;
‘‘(vii) traffic signal improvements; and
‘‘(viii) pedestrian-railroad grade cross-
ing improvements.
‘‘(B) LOCATION OF PROJECTS.—Infrastruc-
ture-related projects under subparagraph (A)
may be carried out on—
‘‘(i) any public road in the vicinity of
a school; or
‘‘(ii) any bicycle or pedestrian path-
way or trail in the vicinity of a school.
‘‘(2) BEHAVIORAL ACTIVITIES.—