•imm*^" PUBLIC LAW 104-59—NOV. 28, 1995 109 STAT. 589 (2) APPORTIONMENT. —Section 104(b)(2) of such title is amended— (A) in the second sentence, by striking "is a nonattainment area (as defined in the Clean Air Act) for ozone" and inserting "was a nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) for ozone during any part of fiscal year 1994"; and (B) in the third sentence— (i) by striking "is also" and inserting "was also"; and (ii) by inserting "during any part of fiscal year 1994" after "monoxide". (b) TRAFFIC MONITORING, MANAGEMENT, AND CONTROL FACILI- TIES AND PROGRAMS.— The first sentence of section 149(b) of title 23, United States Code, is amended— (1) by striking "oi*" at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting a semicolon; and (3) by adding at the end the following: "(4) to establish or operate a traffic monitoring, management, and control facility or program if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the facility or program is likely to contribute to the attainment of a national ambient air quality standard; or". (c) EFFECT OF LIMITATION ON APPORTIONMENT.— Notwithstand- 23 USC 104 note, ing any other provision of law, for each of fiscal years 1996 and 1997, the amendments made by subsection (a) shall not affect any apportionment adjustments under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1943). SEC. 320. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS. (a) IN GENERAL. — Chapter 1 of title 23, United States Code, is amended by adding at the end the following: '^§ 161. Operation of motor vehicles by intoxicated minors " (a) WITHHOLDING OF APPORTIONMENTS FOR NONCOMPLIANCE.— "(1) FISCAL YEAR 1999.— The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5)(B) of section 104(b) on October 1, 1998, if the State does not meet the requirement of paragraph (3) on that date. "(2) THEREAFTER. — 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 paragraphs (1), (3), and (5)(B) of section 104(b) on October 1, 1999, and on October 1 of each fiscal year theresifter, 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 under the age of 21 who has a blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the State to be driving while intoxicated or driving under the influence of alcohol.
�
