II

106TH CONGRESS

1ST SESSION S. 222

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

to prohibit the operation of motor vehicles by intoxicated individuals.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. LAUTENBERG (for himself and Mr. DEWINE) introduced the following

bill; which was read twice and referred to the Committee on Environment

and Public Works

A BILL

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

national standard to prohibit the operation of motor vehicles by intoxicated individuals.

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 INTOXICATED INDIVID3 UALS.

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 operation of

8 motor vehicles by intoxicated individuals

9 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON10 COMPLIANCE.—

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

12 withhold 5 percent of the amount required to be ap13 portioned to any State under each of paragraphs

14 (1), (3), and (4) of section 104(b) on October 1,

15 2002, if the State does not meet the requirements

16 of paragraph (3) on that date.

17 ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec18 retary shall withhold 10 percent (including any

19 amounts withheld under paragraph (1)) of the

20 amount required to be apportioned to any State

21 under each of paragraphs (1), (3), and (4) of section

22 104(b) on October 1, 2003, and on October 1 of

23 each fiscal year thereafter, if the State does not

24 meet the requirements of paragraph (3) on that

25 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 an alcohol concentration of 0.08 per5 cent or greater while operating a motor vehicle in

6 the State is guilty of the offense of driving while in7 toxicated (or an equivalent offense that carries the

8 greatest penalty under the law of the State for oper9 ating a motor vehicle after having consumed alco10 hol).

11 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI12 ANCE AND NONCOMPLIANCE.—

13 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

14 FUNDS.—

15 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

16 SEPTEMBER 30, 2004.—Any funds withheld

17 under subsection (a) from apportionment to any

18 State on or before September 30, 2004, shall

19 remain available until the end of the third fiscal

20 year following the fiscal year for which the

21 funds are authorized to be appropriated.

22 ‘‘(B) FUNDS WITHHELD AFTER SEPTEM23 BER 30, 2004.—No funds withheld under this

24 section from apportionment to any State after
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1 September 30, 2004, shall be available for ap2 portionment to the State.

3 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

5 period for which funds withheld under subsection (a)

6 from apportionment are to remain available for ap7 portionment to a State under paragraph (1)(A), the

8 State meets the requirements of subsection (a)(3),

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

10 State meets the requirements, apportion to the State

11 the funds withheld under subsection (a) that remain

12 available for apportionment to the State.

13 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE14 QUENTLY APPORTIONED FUNDS.—

15 ‘‘(A) IN GENERAL.—Any funds appor16 tioned under paragraph (2) shall remain avail17 able for expenditure until the end of the third

18 fiscal year following the fiscal year in which the

19 funds are so apportioned.

20 ‘‘(B) TREATMENT OF CERTAIN FUNDS.—

21 Sums not obligated at the end of the period re22 ferred to in subparagraph (A) shall lapse.

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

24 end of the period for which funds withheld under

25 subsection (a) from apportionment are available for
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1 apportionment to a State under paragraph (1)(A),

2 the State does not meet the requirements of sub3 section (a)(3), the funds shall lapse.’’.

4 (b) CONFORMING AMENDMENT.—The analysis for

5 subchapter I of chapter 1 of title 23, United States Code,

6 is amended by adding at the end the following:

‘‘165. National standard to prohibit operation of motor vehicles by intoxicated

individuals.’’.

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