I

103D CONGRESS

1ST SESSION H. R. 1386

To amend title 23, United States Code, to require the Secretary of Transportation to withhold certain funds from States that fail to deem a person

driving with a blood alcohol concentration of 0.08 percent or greater

to be driving while intoxicated, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 17, 1993

Mr. SCHIFF 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 require the Secretary of Transportation to withhold certain funds from

States that fail to deem a person driving with a blood

alcohol concentration of 0.08 percent or greater to be

driving while intoxicated, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Drunk Driving Preven5 tion Act of 1993’’.
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1 SEC. 2. WITHHOLDING OF FUNDS FOR CERTAIN BLOOD AL2 COHOL CONCENTRATIONS.

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

4 States Code, is amended by adding at the end the follow5 ing new section:

6 ‘‘§ 161. Withholding of funds for certain blood alcohol

7 concentrations

8 ‘‘(a) WITHHOLDING OF FUNDS FOR NONCOMPLI9 ANCE; STANDARD.—The Secretary shall withhold an

10 amount (determined under subsection (b)) required to be

11 apportioned to any State under each of paragraphs (1),

12 (3), and (5) of section 104(b) that fails to provide that

13 a person with a blood alcohol concentration of 0.08 per14 cent or greater when driving a motor vehicle shall be

15 deemed to be driving while intoxicated.

16 ‘‘(b) FORMULA FOR WITHHOLDING.—

17 ‘‘(1) FIRST YEAR.—The Secretary shall with18 hold 5 percent of the amounts to be apportioned to

19 a State, as described in subsection (a), on the first

20 day of the first fiscal year or on the first day of the

21 first fiscal year after the expiration of the next regu22 lar session of the State legislature, whichever is

23 later, in which the State is not in compliance with

24 the standard described in subsection (a).

25 ‘‘(2) AFTER THE FIRST YEAR.—The Secretary

26 shall withhold 10 percent of the amounts to be ap-
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1 portioned to a State, as described in subsection (a),

2 on the first day of each fiscal year after the first fis3 cal year described in paragraph (1) in which the

4 State is not in compliance with the standard de5 scribed in subsection (a).

6 ‘‘(c) RELEASE OF AMOUNTS WITHHELD.—

7 ‘‘(1) STATES NOT ADOPTING STANDARD.—

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), if the Secretary withholds funds

10 from apportionment to a State under this sec11 tion for a period in excess of three fiscal years,

12 the Secretary shall release to the State the

13 funds withheld from apportionment for the pe14 riod exceeding three fiscal years.

15 ‘‘(B) USE OF CERTAIN RELEASED

16 FUNDS.—Funds released to a State under sub17 paragraph (A) may be used by the State only

18 to carry out programs approved by the Admin19 istrator of the National Highway Traffic Safety

20 Administration that prevent driving while in21 toxicated, including—

22 ‘‘(i) enforcement of laws designed to

23 prevent or punish driving while intoxicated;

24 and
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1 ‘‘(ii) establishment of systems to

2 maintain records of repeat offenders of

3 laws designed to prevent or punish driving

4 while intoxicated.

5 ‘‘(2) STATES ADOPTING STANDARD.—If the

6 Secretary withholds funds from apportionment to a

7 State under this section and the State subsequently

8 provides that a person with a blood alcohol con9 centration of 0.08 percent or greater when driving a

10 motor vehicle shall be deemed to be driving while in11 toxicated, the Secretary shall release to the State the

12 funds withheld from apportionment and not pre13 viously released under paragraph (1).

14 ‘‘(3) AVAILABILITY OF RELEASED FUNDS.—

15 Funds released to a State under this subsection

16 shall remain available until the end of the third fis17 cal year succeeding the fiscal year in which the

18 funds are released. If funds are not expended by the

19 end of the third fiscal year, the authority of the

20 State to expend the funds shall expire.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

22 chapter I of title 23, United States Code, is amended by

23 adding at the end the following:

‘‘161. Withholding of funds for certain blood alcohol concentrations.’’.
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1 SEC. 3. EFFECTIVE DATE.

2 This Act and the amendments made by this Act shall

3 become effective on October 1, 1994.

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