[Congressional Record Volume 143, Number 30 (Tuesday, March 11, 1997)]
[Senate]
[Page S2153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page S2153]]



                       SAFE AND SOBER STREETS ACT

 Mr. LAUTENBERG. Mr. President, on March 10, 1997, I introduced 
S. 412, the Safe and Sober Streets Act of 1997. I now ask that the text 
of the bill be printed in the Record.
  The bill text follows:

                                 S. 412

       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.''.

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