‘‘§ 162. National standard to prohibit the operation of
motor vehicles by intoxicated individuals
‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON-
COMPLIANCE.—
‘‘(1) FISCAL YEAR 2001.—The Secretary shall
withhold 5 percent of the amount required to be ap-
portioned to any State under each of sections
104(b)(1), 104(b)(3), and 104(b)(5)(B) on October
1, 2000, if the State does not meet the requirement
of paragraph (3) on such date.
‘‘(2) THEREAFTER.—The Secretary shall with-
hold 10 percent (including any amounts withheld
under paragraph (1)) of the amount required to be
apportioned to any State under each of sections
104(b)(1), 104(b)(3), and 104(b)(5)(B) on October
1, 2001, and on October 1 of each fiscal year there-
after, if the State does not meet the requirement of
paragraph (3) on such date.
‘‘(3) REQUIREMENT.—A State meets the re-
quirement of this paragraph if the State has enacted
and is enforcing a law that considers an individual
who has an alcohol concentration of 0.08 percent or
greater while operating a motor vehicle in the State
to be driving while intoxicated or driving under the
influence of alcohol.
‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI-
ANCE AND NONCOMPLIANCE.—
‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD
FUNDS.—
‘‘(A) FUNDS WITHHELD ON OR BEFORE
SEPTEMBER
30, 
2002.—Any funds withheld
under subsection (a) from apportionment to any
State on or before September 30, 2002, shall
remain available until the end of the third fiscal
year following the fiscal year for which such
funds are authorized to be appropriated.
‘‘(B) FUNDS WITHHELD AFTER SEPTEM-
BER 30, 2002.—No funds withheld under this
section from apportionment to any State after
September 30, 2002, shall be available for ap-
portionment to such State.
‘‘(2) APPORTIONMENT
OF
WITHHELD
FUNDS
AFTER COMPLIANCE.—If, before the last day of the
period for which funds withheld under subsection (a)
from apportionment are to remain available for ap-
portionment to a State under paragraph (1), the
State meets the requirement of subsection (a)(3),
the Secretary shall, on the first day on which the
State meets such requirement, apportion to the
State the funds withheld under subsection (a) that
remain available for apportionment to the State.
‘‘(3) PERIOD
OF
AVAILABILITY
OF
SUBSE-
QUENTLY APPORTIONED FUNDS.—Any funds appor-
tioned pursuant to paragraph (2) shall remain avail-
able for expenditure until the end of the third fiscal
year following the fiscal year in which such funds
are so apportioned. Sums not obligated at the end
of such period shall lapse or, in the case of funds
apportioned under section 104(b)(5)(B), shall lapse
and be made available by the Secretary for projects
in accordance with section 118.
‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the
end of the period for which funds withheld under
subsection (a) from apportionment are available for
apportionment to a State under paragraph (1), the
State does not meet the requirement of subsection
(a)(3), such funds shall lapse or, in the case of
funds withheld from apportionment under section
104(b)(5)(B), such funds shall lapse and be made
available by the Secretary for projects in accordance
with section 118.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following:
‘‘162. National standard to prohibit the operation of motor vehicles by intoxi-
cated individuals.’’.
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