I

103D CONGRESS

1ST SESSION H. R. 2939

To amend title 23, United States Code, to establish a minimum blood alcohol

concentration level for individuals who are less than 21 years of age.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 6, 1993

Mr. FLAKE introduced the following bill; which was referred to the Committee

on Public Works and Transportation

A BILL

To amend title 23, United States Code, to establish a minimum blood alcohol concentration level for individuals who

are less than 21 years of age.

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

3 SECTION 1. MINIMUM BLOOD ALCOHOL CONCENTRATION

4 LEVEL FOR INDIVIDUALS UNDER AGE 21.

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 minimum blood concentration level

2 for individuals under age 21

3 ‘‘(a) WITHHOLDING OF FUNDS FOR NONCOMPLI4 ANCE.—If, at any time in a fiscal year beginning after

5 September 30, 1996, a State does not have in effect a

6 law which makes it unlawful for a person who is less than

7 21 years of age and who has a blood alcohol concentration

8 level of 0.02 percent or greater to drive a motor vehicle,

9 the Secretary shall withhold 3 percent of the amount re10 quired to be apportioned for the succeeding fiscal year to

11 the State under each of sections 104(b)(1), 104(b)(2), and

12 104(b)(3) of this title.

13 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COM14 PLIANCE AND NONCOMPLIANCE.—

15 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

16 FUNDS.—Any funds withheld under this section

17 from apportionment to any State shall remain avail18 able for apportionment to such State until the end

19 of the third fiscal year following the fiscal year for

20 which such funds are authorized to be appropriated.

21 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

23 period for which funds withheld under this section

24 from apportionment are to remain available for ap25 portionment to a State under paragraph (1), the

26 State makes effective a law described in subsection
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1 (a), the Secretary shall on the day following the ef2 fective date of such law apportion to such State the

3 withheld funds remaining available for apportion4 ment to such State.

5 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE6 QUENTLY APPORTIONED FUNDS.—Any funds appor7 tioned pursuant to paragraph (2) shall remain avail8 able for expenditure until the end of the third fiscal

9 year succeeding the fiscal year in which such funds

10 are so apportioned. Sums not obligated at the end

11 of such period shall lapse.

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

13 end of the period for which funds withheld under

14 this section from apportionment are available for ap15 portionment to a State under paragraph (1), the

16 State has not made effective a law described in sub17 section (a), such funds shall lapse.’’.

18 (b) CONFORMING AMENDMENT.—The analysis for

19 chapter 1 of such title is amended by adding at the end

20 the following:

‘‘161. National minimum blood alcohol concentration for individuals under age

21.’’.

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