Public Law 98–363

section 203(a)(1) of the Surface Transportation Assistance Act of 1982 is

96 Stat. 2138.

amended to read as follows:

“Sec. 203.

(a)(a)

(1)(1)

There is hereby authorized to be appropriated for

Appropriation authorization

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 September 30, 1985, and $132,000,000 for the fiscal year ending September 30, 1986.”.

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Section 203(a) of such Act is amended by adding at the end

State and local governments.

thereof the following new paragraph:

“(4)“(4)

(A)(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 Secretary 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 percentage 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.

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“(B)“(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.

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“(C)“(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.”.

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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 snail not be less than one-quarter of 1 per centum of the total apportionment.”.

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.

The amendments made by subsections (a) and (b) shall only apply to fiscal years beginning after the date of enactment of this Act.

Section 408(a) of title 23, United States Code, is amended by inserting “or a controlled substance” immediately after “alcohol”.

Section 408(c)(1) of title 23, United States Code, is amended by inserting “and controlled substance” immediately after “alcohol”.

Section 408(f) of title 23, United States Code, is amended—

Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section:

Ҥ 158. National minimum drinking age

“(a)“(a)

(1)(1)

The Secretary shall withhold 5 per centum of the amount

Alcohol and alcoholic beverages.

23 USC 104.

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 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.

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“(2)“(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.

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“(b)“(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.

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“(c)“(c)

As used in this section, the term ‘alcoholic beverage’ means—

“(1)“(1)

beer as defined in section 5052(a) of the Internal Revenue Code of 1954,

26 USC 5052.

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“(2)“(2)

wine of not less than one-half of 1 per centum of alcohol by volume, or

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“(3)“(3)

distilled spirits as defined in section 5002(a)(8) of such Code.”.

26 USC 5002.

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The table of sections of chapter 1 of such title is amended by adding at the end thereof the following new item:

Section 408(a) of title 23, United States Code, is amended by striking “basic and supplemental”.

Section 408(d) of title 23, United States Code, is amended by adding at the end thereof the following new paragraph:

“(3)“(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.”.

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Section 408(e) of title 23, United States Code, is amended by adding at the end thereof the following new paragraph:

“(3)“(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)“(A)

any person convicted of a first violation of driving under the influence of alcohol shall receive—

“(i)“(i)

a mandatory license suspension for a period of not less than ninety days; and either

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“(ii)“(ii)

(I)(I)

an assignment of one hundred hours of community service; or

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“(II)“(II)

a minimum sentence of imprisonment for forty-eight consecutive hours;

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“(B)“(B)

any person convicted of a second violation of driving under the influence of alcohol within five years after a conviction for the same offense, shall receive a mandatory minimum sentence of imprisonment for ten days and license revocation for not less than one year;

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“(C)“(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)“(i)

receive a mandatory minimum sentence of imprisonment for one hundred and twenty days; and

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“(ii)“(ii)

have his license revoked for not less than three years; and

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“(D)“(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 mandatory 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 revoked license.”.

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