[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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