I

105TH CONGRESS

1ST SESSION H. R. 981

To provide for a national standard to prohibit the operation of motor vehicles

by intoxicated individuals.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 1997

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

Committee on Transportation and Infrastructure

A BILL

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 1997’’.

6 SEC. 2. STANDARD TO PROHIBIT OPERATION OF MOTOR

7 VEHICLES BY INTOXICATED INDIVIDUALS.

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

9 States Code, is amended by adding at the end the follow10 ing:
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1 ‘‘§ 162. National standard to prohibit the operation of

2 motor vehicles by intoxicated individuals

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

5 ‘‘(1) FISCAL YEAR 2001.—The Secretary shall

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

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

9 1, 2000, if the State does not meet the requirement

10 of 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 sections

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

16 1, 2001, 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 considers an individual

22 who has an alcohol concentration of 0.08 percent or

23 greater while operating a motor vehicle in the State

24 to be driving while intoxicated or driving under the

25 influence of alcohol.
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1 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI2 ANCE AND NONCOMPLIANCE.—

3 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

4 FUNDS.—

5 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

6 SEPTEMBER 30, 2002.—Any funds withheld

7 under subsection (a) from apportionment to any

8 State on or before September 30, 2002, shall

9 remain available until the end of the third fiscal

10 year following the fiscal year for which such

11 funds are authorized to be appropriated.

12 ‘‘(B) FUNDS WITHHELD AFTER SEPTEM13 BER 30, 2002.—No funds withheld under this

14 section from apportionment to any State after

15 September 30, 2002, shall be available for ap16 portionment to such State.

17 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

19 period for which funds withheld under subsection (a)

20 from apportionment are to remain available for ap21 portionment to a State under paragraph (1), the

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

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

24 State meets such requirement, apportion to the
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1 State the funds withheld under subsection (a) that

2 remain available for apportionment to the State.

3 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE4 QUENTLY APPORTIONED FUNDS.—Any funds appor5 tioned pursuant to paragraph (2) shall remain avail6 able for expenditure until the end of the third fiscal

7 year following the fiscal year in which such funds

8 are so apportioned. Sums not obligated at the end

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

10 apportioned under section 104(b)(5)(B), shall lapse

11 and be made available by the Secretary for projects

12 in accordance with section 118.

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

14 end of the period for which funds withheld under

15 subsection (a) from apportionment are available for

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

17 State does not meet the requirement of subsection

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

19 funds withheld from apportionment under section

20 104(b)(5)(B), such funds shall lapse and be made

21 available by the Secretary for projects in accordance

22 with section 118.’’.

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

24 at the beginning of such chapter is amended by adding

25 at the end the following:
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‘‘162. National standard to prohibit the operation of motor vehicles by intoxicated individuals.’’.

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