I 118th CONGRESS 2d Session H. R. 9390 IN THE HOUSE OF REPRESENTATIVES August 20, 2024 Mr. Johnson of South Dakota (for himself, Mr. Stauber , Ms. Craig , Mr. Bacon , Mr. Gottheimer , Ms. Titus , and Ms. Brownley ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Transportation to establish a grant program with respect to 24/7 sobriety programs, and for other purposes.

1. Short title This Act may be cited as the Supporting Opportunities to Build Everyday Responsibility Act of 2024 or the Sober Act of 2024 . 2. Findings Congress finds the following: (1) Crimes attributed to alcohol abuse have been estimated to cost the United States $84 billion annually. (2) One in four Federal prisoners and nearly one in three State prisoners reported drinking alcohol at the time of the offense that led to their incarceration. (3) A 24/7 sobriety program is intended to help people with substance use disorders to achieve long term sobriety. It complements ignition interlock devices and should be used in tandem with ignition interlock devices that protect public safety. (4) In South Dakota a $400,000 investment in a statewide 24/7 sobriety program led to at least $28 million in savings—$70 saved for every dollar spent. (5) Participants in Montana’s 24/7 sobriety program saw an 80 percent reduction in the probability of rearrest for a DUI. (6) A 24/7 sobriety program should be implemented along with effective screening and assessment to ensure effective identification of individuals with substance use disorders. (7) 24/7 sobriety programs are not a substitute for criminal investigations or prosecutions. (8) 24/7 sobriety programs should provide an opportunity for victim input when determining whether an individual qualifies for the program. (9) Input from Federal, State, or local law enforcement and prosecutors should be considered when potentially admitting an individual into a 24/7 sobriety program. 3. Grant program for 24/7 sobriety programs (a) Establishment Not later than 180 days after the date of the enactment of this act, the Secretary of Transportation shall establish a grant program (in this Act referred to as the Program ) to distribute funding for state, local, and tribal 24/7 sobriety programs. (b) Grant authority In carrying out the Program, the Secretary may award a grant to an eligible recipient that submits an application for the Program. (c) Eligible recipient (1) In general Grants awarded under the Program may be awarded to a State, Tribal government, or an agency, office, or a group of such agencies or offices of the State or Tribal government for the purpose of administering an eligible project under subsection (e). (2) Subgrant An eligible recipient awarded a grant under the Program may distribute a subgrant of funds awarded under the program to any local government office or agency, or group of offices or agencies, for the purpose of administering an eligible project under subsection (e). (d) Plan To be eligible for a grant under the Program, an eligible recipient shall submit to the Secretary a plan for how the recipient would use the grant to maintain, expand, or implement a 24/7 sobriety program. (e) Eligible projects Grant funds awarded under the Program shall be used to defray costs associated with maintaining or expanding an existing 24/7 sobriety program or implementing a new 24/7 sobriety program. (f) Federal share The Federal share of the cost of a project assisted with a grant under the Program shall not exceed 80 percent. (g) Report by eligible recipient Not later than 1 year after disbursement of funds to an eligible recipient under the Program, such recipient shall submit to the Secretary a report including, for each 24/7 sobriety program funded by the recipient— (1) information on eligibility and participation in the 24/7 sobriety program; (2) data with respect to the number of failed tests by participants in the 24/7 sobriety program; (3) data reflecting any criminal charges and convictions among participants in the 24/7 sobriety program during their participation in the program; (4) data regarding programmatic outcomes, including technical violations of the 24/7 sobriety program and sanctions; and (5) categorized expenses incurred for a 24/7 sobriety program, including administrative expenses. (h) Report to Congress Not later than 1 year after receiving the grant recipient reports required under subsection (g), the Secretary shall submit to Congress a report containing data gathered from such grant recipient reports. (i) Authorization of appropriations There are authorized to be appropriated to carry out the Program $10,000,000 for each of fiscal years 2025 through 2029. (j) 24/7 sobriety program defined In this section, the term 24/7 sobriety program means a law or program that authorizes a court or an agency with jurisdiction, as a condition of bond, sentence, probation, parole, or work permit, to— (1) require an individual to abstain from alcohol or drugs for a period of time; (2) require an individual to be subject to testing for alcohol or drugs— (A) at least twice per day at a testing location; or (B) by continuous transdermal alcohol monitoring via an electronic monitoring device; or (3) impose an immediate sanction for a failed a test for alcohol or drugs, including— (A) a period of time in jail; or (B) community service. 4. Conforming amendments Section 405(d) of title 23, United States Code, is amended— (1) in paragraph (4)(B)— (A) in clause (ix) by inserting and after the semicolon; (B) by striking clause (x); and (C) by redesignating clause (xi) as clause (x); (2) in paragraph (6)— (A) by striking subparagraph (B); (B) by striking and subparagraph (B) each place it appears; (C) in subparagraph (E)— (i) in the heading by striking Funding and all that follows through Not more than 12 percent and inserting Funding for grants to States with alcohol-ignition interlock laws.— Not more than 15 percent ; and (ii) by striking clause (ii); and (D) by redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and (3) in paragraph (7)— (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively.