DRUNK DRIVING PREVENTION PROGRAMS.

SEC. 9002. DRUNK DRIVING PREVENTION PROGRAMS. (a) General Rules.—Chapter 4 of title 23, United States Code, is amended by adding at the end the following new section: “§ 410. Drunk driving prevention programs “(a) General Authority.—Subject to the provisions of this section and to the extent provided in advance in appropriation Acts, the Secretary shall make basic and supplemental grants to those States which adopt and implement drunk driving prevention programs which include measures described in this section to improve the effectiveness of the enforcement of laws the purpose of which are to discourage individuals from operating motor vehicles while 102 STAT. 4522 under the influence of alcohol. Such grants may only be used by recipient States to implement and enforce such programs. “(b) Maintenance of Effort.—No grant may be made to a State under this section in any fiscal year unless such State enters into such agreements with the Secretary as the Secretary may require to ensure that such State will maintain its aggregate expenditures from all other sources for drunk driving prevention programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this section. “(c) Federal Share.—No State may receive grants under this section in more than 3 fiscal years. The Federal share payable for any grant under this section shall not exceed— “(1) in the first fiscal year a State receives a grant under this section, 75 percent of the cost of implementing and enforcing in such fiscal year the drunk driving prevention program adopted by the State pursuant to subsection (a) of this section; “(2) in the second fiscal year the State receives a grant under this section, 50 percent of the cost of implementing and enforcing in such fiscal year such program; and “(3) in the third fiscal year the State receives a grant under this section, 25 percent of the cost of implementing and enforcing in such fiscal year such program. “(d) Maximum Amount of Basic Grants.—Subject to subsection (c) of this section, the amount of a basic grant made under this section for any fiscal year to any State which is eligible for such a grant under subsection (e) of this section shall not exceed 30 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title. “(e) Eligibility for Basic Grants.—For purposes of this section, a State is eligible for a basic grant if such State provides— “(1) for an expedited driver’s license suspension or revocation system for individuals who operate motor vehicles while under the influence of alcohol which requires that— “(A) when a law enforcement officer has probable cause under State law to believe an individual has committed an alcohol-related traffic offense and such individual is determined, on the basis of a chemical test, to have been under the influence of alcohol while operating the motor vehicle or refuses to submit to such a test as proposed by the officer, the officer serve such individual with a written notice of suspension or revocation of the driver’s license of such individual and take possession of such driver’s license; “(B) the notice of suspension or revocation referred to in subparagraph (A) provide information on the administrative procedures under which the State may suspend or revoke in accordance with the objectives of this section a driver’s license of an individual for operating a motor vehicle while under the influence of alcohol and specify any rights of the operator under such procedures; “(C) the State provide, in the administrative procedures referred to in subparagraph (B), for due process of law, including the right to an administrative review of a driver’s license suspension or revocation within the time period specified in subparagraph (F); “(D) after serving notice and taking possession of a driver’s license in accordance with subparagraph (A), the law enforcement officer immediately report to the State entity 102 STAT. 4523 responsible for administering drivers’ licenses all information relevant to the action taken in accordance with this paragraph; “(E) in the case of an individual who, in any 5-year period beginning after the date of the enactment of this section, is determined on the basis of a chemical test to have been operating a motor vehicle under the influence of alcohol or is determined to have refused to submit to such a test as proposed by the law enforcement officer, the State entity responsible for administering driver’s licenses, upon receipt of the report of the law enforcement officer— “(i) 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) 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 “(F) the suspension and revocation referred to under subparagraph (D) take effect not later than— “(i) 15 days after the day on which the individual first received notice of the suspension or revocation in accordance with subparagraph (B); or “(ii) 30 days after the day on which the individual first received notice of the suspension or revocation in accordance with subparagraph (B) if the Secretary determines that the requirements of clause (i) would impose a hardship upon the State; and “(2) for a self-sustaining drunk driving prevention program under which the fines or surcharges collected from individuals convicted of operating a motor vehicle while under the influence of alcohol are returned, or an equivalent amount of non-Federal funds are provided, to those communities which have comprehensive programs for the prevention of such operations of motor vehicles. “(f) Supplemental Grant Programs.— “(1) Mandatory blood alcohol concentration testing programs.—For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c) of this section, not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State provides for mandatory blood alcohol concentration testing whenever a law enforcement officer has probable cause under State law to believe that a driver of a motor vehicle involved in an accident resulting in the loss of human life or, as determined by the Secretary, serious bodily injury, has committed an alcohol-related traffic offense. “(2) Program for prevention of operators under age 21 from obtaining alcoholic beverages.—For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c) of this section, not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State provides for an effective system for preventing operators of motor vehicles under age 21 from obtaining alcoholic beverages, which may 102 STAT. 4524 include the issuance of drivers’ licenses to individuals under age 21 that are easily distinguishable in appearance from drivers’ licenses issued to individuals 21 years of age and older. “(3) Unlawful open container and consumption of alcohol programs.—For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c) of this section, not to exceed 25 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State makes unlawful the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle located on a public highway or the right-of-way of a public highway, except— “(A) as allowed in the passenger area, by persons (other than the driver), of any motor vehicle designed to transport more than 10 passengers (including the driver) while being used to provide charter transportation of passengers; or “(B) as otherwise specifically allowed by such State, with the approval of the Secretary, but in no event may the driver of such motor vehicle be allowed to possess or consume an alcoholic beverage in the passenger area. “(4) Suspension of registration and return of license plate program.—For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c) of this section, not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State provides for the suspension of the registration of, and the return to such State of the license plates for, any motor vehicle owned by an individual who— “(A) has been convicted on more than 1 occasion of an alcohol-related traffic offense within any 5-year period after the date of the enactment of this section; or “(B) has been convicted of driving while his or her driver’s license is suspended or revoked by reason of a conviction for such an offense. A State may provide limited exceptions to such suspension of registration or return of license plates, on an individual basis, to avoid undue hardship to any individual, including any family member of the convicted individual, and any co-owner of the motor vehicle, who is completely dependent on the motor vehicle for the necessities of life. Such exceptions may not result in unrestricted reinstatement of the registration or unrestricted return of the license plates of the motor vehicle. “(5) Grants as being in addition to other grants.—A supplemental grant under this section shall be in addition to any basic grant or any other supplemental grant received by such State. “(g) Definitions.—As used in this section— “(1) Alcoholic beverage.—The term ‘alcoholic beverage’ has the meaning such term has under section 158(c) of this title. “(2) Motor vehicle.—The term ‘motor vehicle’ has the meaning such term has under section 154(b) of this title. “(3) Open alcoholic beverage container.—The term ‘open alcoholic beverage container’ means any bottle, can, or other receptacle— 102 STAT. 4525 “(A) which contains any amount of an alcoholic beverage; and “(B)(i) which is open or has a broken seal, or “(ii) the contents of which are partially removed. “(h) Authorizations of Appropriations.—There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 1989 and $50,000,000 per fiscal year for each of fiscal years 1990 and 1991. Such sums shall remain available until expended.”. (b) Conforming Amendment.—The analysis of chapter 4 of title 23, United States Code, is amended by adding at the end the following: “410. Drunk driving prevention programs.”. (c) Regulations.—The Secretary of Transportation shall issue and publish in the Federal Register proposed regulations to implement section 410 of title 23, United States Code, not later than months after the date of the enactment of this section. The final regulations for such implementation shall be issued, published in the Federal Register, and transmitted to Congress not later than 12 months after such date of enactment.