[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 605 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 605
To amend title 23, United States Code, to require the Secretary 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 17 (legislative day, March 3), 1993
Mr. Domenici 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 require the Secretary 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drunk Driving Prevention Act of
1993''.
SEC. 2. WITHHOLDING OF FUNDS FOR CERTAIN BLOOD ALCOHOL CONCENTRATIONS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following new section:
``Sec. 161. Withholding of funds for certain blood alcohol
concentrations
``(a) Withholding of Funds for Noncompliance; 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 percent 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 withhold 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 regular 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 apportioned to a State, as
described in subsection (a), on the first day of each fiscal
year after the first fiscal year described in paragraph (1) in
which the State is not in compliance with the standard
described in subsection (a).
``(c) Release of Amounts Withheld.--
``(1) States not adopting standard.--
``(A) In general.--Subject to subparagraph (B), if
the Secretary withholds funds from apportionment to a
State under this section for a period in excess of 3
fiscal years, the Secretary shall release to the State
the funds withheld from apportionment for the period
exceeding 3 fiscal years.
``(B) Use of certain released funds.--Funds
released to a State under subparagraph (A) may be used
by the State only to carry out programs approved by the
Administrator of the National Highway Traffic Safety
Administration that prevent driving while intoxicated,
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
concentration of 0.08 percent or greater when driving a motor
vehicle shall be deemed to be driving while intoxicated, the
Secretary shall release to the State the funds withheld from
apportionment and not previously 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 fiscal year suceeding 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 1 of title 23,
United States Code, is amended by adding at the end the following:
``161. National standard for drunk driving prevention.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on October 1, 1994.
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