I

106TH CONGRESS

1ST SESSION H. R. 1595

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

to prohibit the operation of motor vehicles by individuals under the

influence of alcohol.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1999

Mrs. LOWEY (for herself, Mr. WOLF, Mr. CANADY of Florida, Mr. TOWNS,

Mr. CASTLE, Mrs. MORELLA, Mr. WEYGAND, Mr. INSLEE, Mr. ROTHMAN, Mr. BROWN of Ohio, Ms. SCHAKOWSKY, Mr. LAFALCE, Ms.

DELAURO, Mr. MARKEY, Mr. DEUTSCH, Mr. WAXMAN, Mr. LANTOS, Mr.

CAPUANO, Mr. FORBES, Mr. GILMAN, Mr. CUMMINGS, and Mrs. CAPPS)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure

A BILL

To amend title 23, United States Code, to provide for a

national standard to prohibit the operation of motor vehicles by individuals under the influence of alcohol.

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 ‘‘Safe and Sober Streets

5 Act of 1999’’.
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1 SEC. 2. NATIONAL STANDARD TO PROHIBIT OPERATION OF

2 MOTOR VEHICLES BY INDIVIDUALS UNDER

3 THE INFLUENCE OF ALCOHOL.

4 (a) IN GENERAL.—Subchapter I of chapter 1 of title

5 23, United States Code, is amended by adding at the end

6 the following:

7 ‘‘§ 165. National standard to prohibit the operation of

8 motor vehicles by individuals under the

9 influence of alcohol

10 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON11 COMPLIANCE.—

12 ‘‘(1) FISCAL YEAR 2003.—The Secretary shall

13 withhold 5 percent of the amount required to be ap14 portioned to any State under each of paragraphs

15 (1), (3), and (4) of section 104(b) on October 1,

16 2002, if the State does not meet the requirements

17 of paragraph (3) on such date.

18 ‘‘(2) THEREAFTER.—The Secretary shall with19 hold 10 percent (including any amounts withheld

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

21 apportioned to any State under each of paragraphs

22 (1), (3), and (4) of section 104(b) on October 1,

23 2003, and on October 1 of each fiscal year there24 after, if the State does not meet the requirements of

25 paragraph (3) on such date.
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1 ‘‘(3) REQUIREMENTS.—A State meets the re2 quirements of this paragraph if the State has en3 acted and is enforcing a law providing that an indi4 vidual who has a blood alcohol concentration of 0.08

5 percent or greater while operating a motor vehicle in

6 the State is guilty of driving while intoxicated (or an

7 equivalent offense under the law of the State for op8 erating a motor vehicle after having consumed alco9 hol).

10 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI11 ANCE AND NONCOMPLIANCE.—

12 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

13 FUNDS.—

14 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

15 SEPTEMBER 30, 2004.—Any funds withheld

16 under subsection (a) from apportionment to any

17 State on or before September 30, 2004, shall

18 remain available until the end of the third fiscal

19 year following the fiscal year for which such

20 funds are authorized to be appropriated.

21 ‘‘(B) FUNDS WITHHELD AFTER SEP22 TEMBER 30, 2004.—No funds withheld under

23 this section from apportionment to any State

24 after September 30, 2004, shall be available for

25 apportionment to such State.
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1 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

3 period for which funds withheld under subsection (a)

4 from apportionment are to remain available for ap5 portionment to a State under paragraph (1)(A), the

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

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

8 State meets such requirement, apportion to the

9 State the funds withheld under subsection (a) that

10 remain available for apportionment to the State.

11 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE12 QUENTLY APPORTIONED FUNDS.—Any funds appor13 tioned pursuant to paragraph (2) shall remain avail14 able for expenditure until the end of the third fiscal

15 year following the fiscal year in which such funds

16 are so apportioned.

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

18 end of the period for which funds withheld under

19 subsection (a) from apportionment are available for

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

21 State does not meet the requirement of subsection

22 (a)(3), such funds shall lapse.’’.

23 (b) CLERICAL AMENDMENT.—The analysis for such

24 subchapter is amended by adding at the end the following:
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‘‘165. National standard to prohibit the operation of motor vehicles by individuals under the influence of alcohol.’’.

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