I
103D CONGRESS
1ST SESSION
H. R. 1386
To amend title 23, United States Code, to require the Secretary of Transpor-
tation 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 Sec-
retary 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Drunk Driving Preven-
tion Act of 1993’’.
SEC. 2. WITHHOLDING OF FUNDS FOR CERTAIN BLOOD AL-
COHOL CONCENTRATIONS.
(a) IN GENERAL.—Chapter 1 of title 23, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 161. Withholding of funds for certain blood alcohol
concentrations
‘‘(a) WITHHOLDING
OF FUNDS
FOR NONCOMPLI-
ANCE; STANDARD.—The Secretary shall withhold an
amount (determined under subsection (b)) required to be
apportioned to any State under each of paragraphs (1),
(3), and (5) of section 104(b) that fails to provide that
a person with a blood alcohol concentration of 0.08 per-
cent or greater when driving a motor vehicle shall be
deemed to be driving while intoxicated.
‘‘(b) FORMULA FOR WITHHOLDING.—
‘‘(1) FIRST YEAR.—The Secretary shall with-
hold 5 percent of the amounts to be apportioned to
a State, as described in subsection (a), on the first
day of the first fiscal year or on the first day of the
first fiscal year after the expiration of the next regu-
lar session of the State legislature, whichever is
later, in which the State is not in compliance with
the standard described in subsection (a).
‘‘(2) AFTER THE FIRST YEAR.—The Secretary
shall withhold 10 percent of the amounts to be ap-
portioned to a State, as described in subsection (a),
on the first day of each fiscal year after the first fis-
cal year described in paragraph (1) in which the
State is not in compliance with the standard de-
scribed in subsection (a).
‘‘(c) RELEASE OF AMOUNTS WITHHELD.—
‘‘(1) STATES NOT ADOPTING STANDARD.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the Secretary withholds funds
from apportionment to a State under this sec-
tion for a period in excess of three fiscal years,
the Secretary shall release to the State the
funds withheld from apportionment for the pe-
riod exceeding three fiscal years.
‘‘(B) 
USE
OF
CERTAIN
RELEASED
FUNDS.—Funds released to a State under sub-
paragraph (A) may be used by the State only
to carry out programs approved by the Admin-
istrator of the National Highway Traffic Safety
Administration that prevent driving while in-
toxicated, including—
‘‘(i) enforcement of laws designed to
prevent or punish driving while intoxicated;
and
‘‘(ii) establishment of systems to
maintain records of repeat offenders of
laws designed to prevent or punish driving
while intoxicated.
‘‘(2) STATES
ADOPTING
STANDARD.—If the
Secretary withholds funds from apportionment to a
State under this section and the State subsequently
provides that a person with a blood alcohol con-
centration of 0.08 percent or greater when driving a
motor vehicle shall be deemed to be driving while in-
toxicated, the Secretary shall release to the State the
funds withheld from apportionment and not pre-
viously released under paragraph (1).
‘‘(3) AVAILABILITY
OF
RELEASED
FUNDS.—
Funds released to a State under this subsection
shall remain available until the end of the third fis-
cal year succeeding the fiscal year in which the
funds are released. If funds are not expended by the
end of the third fiscal year, the authority of the
State to expend the funds shall expire.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter I of title 23, United States Code, is amended by
adding at the end the following:
‘‘161. Withholding of funds for certain blood alcohol concentrations.’’.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
become effective on October 1, 1994.
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