A bill to amend the Surface Transportation Assistance Act of 1982 to require States to use at least eight percent of their highway safety apportionments for developing and implementing comprehensive programs concerning the use of child restraint systems in motor vehicles, and for other purposes.
PL 98-363 (H.R.4616), enacted 07/17/1984

PUBLIC LAW 98-363—JULY 17, 1984 
98 STAT. 435 
Public Law 98-363 
98th Congress 
An Act 
To amend the Surface Transportation Assistance Act of 1982 to require States to use 
at least 8 per centum of their highway safety apportionments for developing and 
implementing comprehensive programs concerning the use of child restraint sys-
tems in motor vehicles, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) section 
203(a)(1) of the Surface Transportation Assistance Act of 1982 is 
amended to read as follows: 
"SEC. 203. (a)(1) There is hereby authorized to be appropriated for 
carrying out section 402 of title 23, United States Code (relating to 
highway safety programs), by the National Highway Traffic Safety 
Administration, out of the Highway Trust Fund (other than the 
Mass Transit Account), $126,500,000 for the fiscal year ending Sep-
tember 30, 1985, and $132,000,000 for the fiscal year ending Septem-
ber 30,1986.". 
(b) Section 203(a) of such Act is amended by adding at the end 
thereof the following new paragraph: 
"(4)(A) Each State shall expend each fiscal year not less than 8 per 
centum of the amount apportioned to it for such fiscal year of the 
sums authorized by paragraph (1) of this subsection, for developing 
and implementing comprehensive programs approved by the Secre-
tary of Transportation concerning the use of child restraint systems 
in motor vehicles. Upon request of the Governor of any State, the 
Secretary may reduce the amount required to be expended by the 
State for any fiscal year under the preceding sentence if the State 
demonstrates to the satisfaction of the Secretary that the percent-
age of children under the age of four traveling in motor vehicles in 
the State who are properly restrained by a child restraint system is 
greater than 75 per centum. 
"(B) No project for developing and implementing a comprehensive 
program concerning the use of child restraint systems in motor 
vehicles may be approved by the Secretary of Transportation in the 
fiscal years ending September 30, 1985, and September 30, 1986, 
unless the State applying for approval of such project enters into 
such agreements with the Secretary as the Secretary may require to 
ensure that such State will maintain its aggregate expenditures 
from all non-Federal sources for such programs at or above the 
average level of such expenditures in its two fiscal years preceding 
the date of enactment of this paragraph. 
"(C) Subparagraphs (A) and (B) of this paragraph shall not apply 
to sums authorized to be appropriated for any fiscal year beginning 
after September 30,1987.". 
SEC. 2. Section 203(b) of the Surface Transportation Assistance Act 
of 1982 is amended to read as follows: 
"(b) Notwithstanding any other provision of law, the total of all 
obligations for highway safety programs carried out by the National 
Highway Traffic Safety Administration under section 402 of title 23, 
United States Code, shall not exceed $126,500,000 for the fiscal year 
July 17, 1984 
[H.R. 4616] 
96 Stat. 2138. 
Appropriation 
authorization. 
State and local 
governments. 
96 Stat. 2138. 
98 STAT. 436 
PUBLIC LAW 98-363—JULY 17, 1984 
23 u s e 401 note. 
Drugs and drug 
abuse. 
Grants. 
23 u s e 402. 
ending September 30, 1985, and $132,000,000 for the fiscal year 
ending September 30, 1986, and the total of all obligations for 
highway safety programs carried out by the Federal Highway 
Administration under section 402 of title 23, United States Code, 
shall not exceed $10,000,000 per fiscal year for each of the fiscal 
years ending September 30,1985, and September 30,1986.". 
SEC. 3. (a) The sixth sentence of section 402(c) of title 23, United 
States Code, is amended by striking out the period at the end thereof 
and inserting in lieu thereof the following: ", except that the 
apportionments to the Virgin Islands, Guam, and American Samoa 
shall not be less than one-quarter of 1 per centum of the total 
apportionment.". 
(b) Section 401 of title 23, United States Code, is amended by 
striking out ", except that all expenditures for carrying out this 
chapter in the Virgin Islands, Guam, and American Samoa shall be 
paid out of money in the Treasury not otherwise appropriated." and 
inserting in lieu thereof a period. 
(c) The amendments made by subsections (a) and (b) shall only 
apply to fiscal years beginning after the date of enactment of this 
Act. 
SEC. 4. (a) Section 408(a) of title 23, United States Code, is 
amended by inserting "or a controlled substance" immediately after 
"alcohol". 
(b) Section 408(c)(1) of title 23, United States Code, is amended bv 
inserting "and controlled substance" immediately after "alcohol. 
(c) Section 408(f) of title 23, United States Code, is amended— 
(1) by striking the period at the end of paragraph (7) and 
inserting in lieu thereof "; and"; and 
(2) by adding at the end thereof the following: 
"(8) for the creation and operation of rehabilitation and treat-
ment programs for those arrested and convicted of driving while 
under the influence of a controlled substance or for the estab-
lishment of research programs to develop effective means of 
detecting use of controlled substances by drivers.". 
SEC. 5. Section 402 of title 23, United States Code, is amended by 
adding at the end thereof the following: 
"(k)(l) Subject to the provisions of this subsection, the Secretary 
shall make a grant to any State which includes, as part of its 
highway safety program under section 402 of this title, the use of a 
comprehensive computerized safety recordkeeping system designed 
to correlate data regarding traffic accidents, drivers, motor vehicles, 
and roadways. Any such grant may only be used by such State to 
establish and maintain a comprehensive computerized traffic safety 
recordkeeping system or to obtain and operate components to sup-
port highway safety priority programs identified by the Secretary 
under this section. Notwithstanding any other provision of law, if a 
report, list, schedule, or survey is prepared by or for a State or 
political subdivision thereof under this subsection, such report, list, 
schedule, or survey shall not be admitted as evidence or used in any 
suit or action for damages arising out of any matter mentioned in 
such report, list, schedule, or survey. 
"(2) No State may receive a grant under this subsection in more 
than two fiscal years. 
"(3) The amount of the grant to any State under this subsection 
for the first fiscal year such State is eligible for a grant under this 
subsection shall equal 10 per centum of the amount apportioned to 
such State for fiscal year 1985 under this section. The amount of a 
PUBLIC LAW 98-363—JULY 17, 1984 
98 STAT. 437 
grant to any State under this subsection for the second fiscal year 
such State is eligible for a grant under this subsection shall equal 10 
per centum of the amount apportioned to such State for fiscal year 
1986 under this section. 
"(4) A State is eligible for a grant under this subsection if— 
"(A) it certifies to the Secretary that it has in operation a 
computerized traffic safety recordkeeping system and identifies 
proposed means of upgrading the system acceptable to the 
Secretary; or 
"(B) it provides to the Secretary a plan acceptable to the 
Secretary for establishing and maintaining a computerized traf-
fic safety recordkeeping system. 
"(5) The Secretary, after making the deduction authorized by the 
second sentence of subsection (c) of this section for fiscal years 1985 
and 1986, shall set aside 10 per centum of the remaining funds 
authorized to be appropriated to carry out this section for the 
purpose of making grants under this subsection. Funds set aside 
under this subsection shall remain available for the fiscal year 
authorized and for the succeeding fiscal year and any amounts 
remaining unexpended at the end of such period shall be appor-
tioned in accordance with the provisions of subsection (c) of this 
section.". 
SEC. 6. (a) Chapter 1 of title 23, United States Code, is amended by 
adding at the end thereof the following new section: 
"§ 158. National minimum drinking age 
23 use 158. 
"(a)(1) The Secretary shall withhold 5 per centum of the amount Alcohol and 
required to be apportioned to any State under each of sections alcoholic 
104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of this title on the first day 
gfusTm 
of the fiscal year succeeding the fiscal year beginning after Septem-
ber 30, 1985, in which the purchase or public possession in such 
State of any alcoholic beverage by a person who is less than twenty-
one years of age is lawful. 
"(2) The Secretary shall withhold 10 per centum of the amount 
required to be apportioned to any State under each of sections 
104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of this title on the first day 
of the fiscal year succeeding the second fiscal year beginning after 
September 30, 1985, in which the purchase or public possession in 
such State of any alcoholic beverage by a person who is less than 
twenty-one years of age is lawful. 
"(b) The Secretary shall promptly apportion to a State any funds 
which have been withheld from apportionment under subsection (a) 
of this section in fiscal year if in any succeeding fiscal year such 
State makes unlawful the purchase or public possession of any 
alcoholic beverage by a person who is less than twenty-one years of 
age. 
"(c) As used in this section, the term 'alcoholic beverage' means— 
"(1) beer as defined in section 5052(a) of the Internal Revenue 
Code of 1954, 
26 use 5052. 
"(2) wine of not less than one-half of 1 per centum of alcohol 
by volume, or 
"(3) distilled spirits as defined in section 5002(a)(8) of such 
Code.". 
26 u s e 5002. 
(b) The table of sections of chapter 1 of such title is amended by 
adding at the end thereof the following new item: 
"158. National minimum drinking age.". 
98 STAT. 438 
PUBLIC LAW 98-363—JULY 17, 1984 
SEC. 7. (a) Section 408(a) of title 23, United States Code, is 
amended by striking "basic and supplemental". 
Grants. 
(b) Section 408(d) of title 23, United States Code, is amended by 
adding at the end thereof the following new paragraph: 
"(3) Subject to subsection (c), the amount of a special grant made 
under this section for any fiscal year to any State which is eligible 
for such a grant under subsection (e)(3) shall not exceed 5 per 
centum of the amount apportioned to such State for fiscal year 1984 
under sections 402 and 408 of this title. Such grant shall be in 
addition to any basic or supplemental grant received by such 
State.". 
Crimes and 
(c) Section 408(e) of title 23, United States Code, is amended by 
misdemeanors. 
adding at the end thereof the following new paragraph: 
"(3) For the purposes of this section, a State is eligible for a special 
grant if the State enacts a statute which provides that— 
"(A) any person convicted of a first violation of driving under 
the influence of alcohol shall receive— 
"(i) a mandatory license suspension for a period of not 
....,, 
less than ninety days; and either 
"(ii)(I) an assignment of one hundred hours of community 
service; or 
"(11) a minimum sentence of imprisonment for forty-eight 
consecutive hours; 
"(B) any person convicted of a second violation of driving 
under the influence of alcohol within five years after a convic-
tion for the same offense, shall receive a mandatory minimum 
sentence of imprisonment for ten days and license revocation 
for not less than one year; 
"(C) any person convicted of a third or subsequent violation of 
driving under the influence of alcohol within five years after a 
prior conviction for the same offense shall— 
"(i) receive a mandatory minimum sentence of imprison-
ment for one hundred and twenty days; and 
"(ii) have his license revoked for not less than three 
years; and 
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PUBLIC LAW 98-363—JULY 17, 1984 
98 STAT. 439 
"(D) any person convicted of driving with a suspended or 
revoked license or in violation of a restriction due to driving 
under the influence of alcohol conviction shall receive a manda-
tory sentence of imprisonment for at least thirty days, and shall 
upon release from imprisonment, receive an additional period 
of license suspension or revocation of not less than the period of 
suspension or revocation remaining in effect at the time of 
commission of the offense of driving with a suspended or re-
voked license.". 
Approved July 17, 1984. 
muT 
LEGISLATIVE HISTORY—H.R. 4616: 
HOUSE REPORT No. 98-641 (Comm. on Public Works and Transportation). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Apr. 30, considered and passed House. 
June 26, considered and passed Senate, amended. 
June 27, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 29 (1984): 
July 17, Presidential statement.