I

104TH CONGRESS

1ST SESSION H. R. 2319

To amend title 23, United States Code, to establish a national standard

to prohibit the operation of motor vehicles by intoxicated minors.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 13, 1995

Mrs. LOWEY introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To amend title 23, United States Code, to establish a national standard to prohibit the operation of motor vehicles by intoxicated minors.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. OPERATION OF MOTOR VEHICLES BY INTOXI4 CATED MINORS.

5 (a) IN GENERAL.—Chapter 1 of title 23, United

6 States Code, is amended by adding at the end the follow7 ing:
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1 ‘‘§ 161. National standard to prohibit the operation of

2 motor vehicles by intoxicated minors

3 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON4 COMPLIANCE.—

5 ‘‘(1) FISCAL YEAR 1999.—The Secretary shall

6 withhold 5 percent of the amount required to be ap7 portioned to any State under each of paragraphs

8 (1), (3), and (5) of section 104(b) on October 1,

9 1998, if the State does not meet the requirement of

10 paragraph (3) on such date.

11 ‘‘(2) THEREAFTER.—The Secretary shall with12 hold 10 percent (including any amounts withheld

13 under paragraph (1)) of the amount required to be

14 apportioned to any State under each of paragraphs

15 (1), (3), and (5) of section 104(b) on October 1,

16 1999, and on October 1 of each fiscal year there17 after, if the State does not meet the requirement of

18 paragraph (3) on such date.

19 ‘‘(3) REQUIREMENT.—A State meets the re20 quirement of this paragraph if the State has enacted

21 and is enforcing a law that makes unlawful through22 out the State the operation of a motor vehicle by an

23 individual under the age of 21 who has a blood alco24 hol concentration of 0.02 percent or greater.

25 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI26 ANCE AND NONCOMPLIANCE.—
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1 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

2 FUNDS.—

3 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

4 SEPTEMBER 30, 2000.—Any funds withheld

5 under subsection (a) from apportionment to any

6 State on or before September 30, 2000, shall

7 remain available until the end of the third fiscal

8 year following the fiscal year for which such

9 funds are authorized to be appropriated.

10 ‘‘(B) FUNDS WITHHELD AFTER SEPTEM11 BER 30, 2000.—No funds withheld under this

12 section from apportionment to any State after

13 September 30, 2000, shall be available for ap14 portionment to such State.

15 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

16 AFTER COMPLIANCE.—If, before the last day of the

17 period for which funds withheld under subsection (a)

18 from apportionment are to remain available for ap19 portionment to a State under paragraph (1), the

20 State meets the requirement of subsection (a)(3),

21 the Secretary shall, on the first day on which the

22 State meets such requirement, apportion to the

23 State the funds withheld under subsection (a) that

24 remain available for apportionment to the State.
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1 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE2 QUENTLY APPORTIONED FUNDS.—Any funds appor3 tioned pursuant to paragraph (2) shall remain avail4 able for expenditure until the end of the third fiscal

5 year following the fiscal year in which such funds

6 are so apportioned. Sums not obligated at the end

7 of such period shall lapse or, in the case of funds

8 apportioned under section 104(b)(5), shall lapse and

9 be made available by the Secretary for projects in

10 accordance with section 118.

11 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

12 end of the period for which funds withheld under

13 subsection (a) from apportionment are available for

14 apportionment to a State under paragraph (1), the

15 State does not meet the requirement of subsection

16 (a)(3), such funds shall lapse or, in the case of

17 funds withheld from apportionment under section

18 104(b)(5), such funds shall lapse and be made avail19 able by the Secretary for projects in accordance with

20 section 118.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of such chapter is amended by adding

23 at the end the following:

‘‘161. National standard to prohibit the operation of motor vehicles by intoxicated minors.’’.

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