[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 412 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 412

 To provide for a national standard to prohibit the operation of motor 
                  vehicles by intoxicated individuals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 1997

 Mr. Lautenberg (for himself and Mr. DeWine) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To provide for a national standard to prohibit the operation of motor 
                  vehicles by intoxicated individuals.

    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 ``Safe and Sober Streets Act of 
1997''.

SEC. 2. STANDARD TO PROHIBIT OPERATION OF MOTOR VEHICLES BY INTOXICATED 
              INDIVIDUALS.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 162. National standard to prohibit the operation of motor 
              vehicles by intoxicated individuals
    ``(a) Withholding of Apportionments for Noncompliance.--
            ``(1) Fiscal year 2001.--The Secretary shall withhold 5 
        percent 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, 2000, if the State does not meet the requirement 
        of paragraph (3) on that date.
            ``(2) Subsequent fiscal years.--The Secretary shall 
        withhold 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 thereafter, if the State does not meet the 
        requirement of paragraph (3) on that date.
            ``(3) Requirement.--A State meets the requirement 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--
                    ``(A) while intoxicated; or
                    ``(B) under the influence of alcohol.
    ``(b) Period of Availability; Effect of Compliance 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 those 
                funds are authorized to be appropriated.
                    ``(B) Funds withheld after september 30, 2002.--No 
                funds withheld under this section from apportionment to 
                any State after September 30, 2002, shall be available 
                for apportionment to that State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld 
        from apportionment under subsection (a) are to remain available 
        for apportionment 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 that 
        requirement, apportion to the State the funds withheld under 
        subsection (a) that remain available for apportionment to the 
        State.
            ``(3) Period of availability of subsequently apportioned 
        funds.--
                    ``(A) In general.--Any funds apportioned pursuant 
                to paragraph (2) shall remain available for expenditure 
                until the end of the third fiscal year following the 
                fiscal year during which those funds are so 
                apportioned.
                    ``(B) Treatment of certain funds.--Sums not 
                obligated at the end of the period referred to in 
                subparagraph (A) shall--
                            ``(i) lapse; or
                            ``(ii) in the case of funds apportioned 
                        under section 104(b)(5)(B), 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 from apportionment under 
        subsection (a) are available for apportionment to a State under 
        paragraph (1), the State does not meet the requirement of 
        subsection (a)(3), those funds shall--
                    ``(A) lapse; or
                    ``(B) in the case of funds withheld from 
                apportionment under section 104(b)(5)(B), lapse and be 
                made available by the Secretary for projects in 
                accordance with section 118.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 1 of 
title 23, United States Code, is amended by adding at the end the 
following:

``162. National standard to prohibit the operation of motor vehicles by 
                            intoxicated individuals.''.
                                 <all>