PUBLIC LAW 104-59—NOV. 28, 1995
109 STAT. 591
SEC. 322. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR FED-
ERALLY ASSISTED PROJECTS.
Section 323 of title 23, United States Code, is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
"(c) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERV-
ICES. — Nothing in this title or any other law shall prevent a person
from offering to donate funds, materials, or services in connection
with a project eligible for assistance under this title. In the case
of such a project with respect to which the Federal Government
and the State share in paying the cost, any donated funds, or
the fair market value of any donated materials or services, that
are accepted and incorporated into the project by the State highway
department shall be credited against the State share.".
SEC. 323. DISCOVERY ANI> ADMISSION AS EVIDENCE OF CERTAIN
REPORTS AND SURVEYS.
Section 409 of title 23, United States Code, is amended by
inserting "or collected" after "compiled".
SEC. 324. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) TECHNICAL AMENDMENT.— Section 410(d)(1)(E) of title 23,
United States Code, is amended by striking "the date of enactment
of this section" and inserting "December 18, 1991".
(b) BASIC GRANT ELIGIBILITY. — Section 410(d) of such title is
amended—
(1) in paragraph (3)—
(A) by inserting "(A)" after "(3)"; and
(B) by adding at the end the following:
"(B) A State shall be treated as having met the requirement
of this paragraph if—
"(i) the State provides to the Secretary a written certification that the highest court of the State has issued a
decision indicating that implementation of subparagraph
(A) would constitute a violation of the constitution of the
State; and
"(ii) the State demonstrates to the satisfaction of the
Secretary that—
"(I) the alcohol fatal crash involvement rate in
the State has decreased in each of the 3 most recent
calendar years for which statistics for determining such
rate are available; and
"(II) the alcohol fatal crash involvement rate in
the State has been lower than the average such rate
for all States in each of such calendar years."; and
(2) by adding at the end the following:
"(7) Any individual under age 21 with a blood alcohol
concentration of 0.02 percent or greater when driving a motor
vehicle shall be deemed to be driving while intoxicated or
driving under the influeiM;e of alcohol.".
(c) SUPPLEMENTAL GRANTS. —Section 410(f) of such title is
amended by striking paragraph (1) and redesignating paragraphs
(2) through (7) as paragraphs (1) through (6), respectively.
SEC. 325. REFERENCES TO COMMITTEE ON TRANSPORTATION AND
INFRASTRUCTURE.
(a) RAILWAY-HIGHWAY CROSSINGS REPORT. —The third sentence
of section 130(g) of title 23, United States Code, is amended by
�
