[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 982 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 982

 To amend title 23, United States Code, provide for a national minimum 
  sentence for a person who operates a motor vehicle while under the 
                         influence of alcohol.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 1997

  Mrs. Lowey introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, provide for a national minimum 
  sentence for a person who operates a motor vehicle while under the 
                         influence of alcohol.

    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 ``Deadly Driver Reduction and Burton 
H. Greene Memorial Act''.

SEC. 2. MINIMUM SENTENCE FOR A PERSON WHO OPERATES A MOTOR VEHICLE 
              WHILE ALCOHOL-IMPAIRED.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 162. National minimum sentence for a person who operates a motor 
              vehicle while alcohol-impaired
    ``(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 such 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 
        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 such 
        date.
            ``(3) Requirement.--A State meets the requirement of this 
        paragraph if the State has enacted and is enforcing a law which 
        provides for a minimum sentence consistent with the following:
                    ``(A) In the case of the first conviction of a 
                person of operating a motor vehicle while under the 
                influence of alcohol, revocation of the person's 
                driver's license for 6 months.
                    ``(B) In the case of the second conviction of a 
                person of operating a motor vehicle while alcohol-
                impaired, revocation of the person's driver's license 
                for 1 year.
                    ``(C) In the case of the third or subsequent 
                conviction of a person of operating a motor vehicle 
                while alcohol-impaired, permanent revocation of the 
                person's driver's license.
        A revocation pursuant to this paragraph shall not be subject to 
        any exception or condition, including an exception or condition 
        to avoid hardship to any individual.
    ``(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 such 
                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 such State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld 
        under subsection (a) from apportionment 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 such 
        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.--Any funds apportioned pursuant to paragraph (2) shall 
        remain available for expenditure until the end of the third 
        fiscal year following the fiscal year in which such funds are 
        so apportioned. Sums not obligated at the end of such period 
        shall lapse or, in the case of funds apportioned under section 
        104(b)(5)(B), shall 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 under subsection (a) from 
        apportionment are available for apportionment to a State under 
        paragraph (1), the State does not meet the requirement of 
        subsection (a)(3), such funds shall lapse or, in the case of 
        funds withheld from apportionment under section 104(b)(5)(B), 
        such funds shall lapse and be made available by the Secretary 
        for projects in accordance with section 118.''.
    (b) Clerical amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following:

``162. National minimum sentence for a person who operates a motor 
                            vehicle while under the influence of 
                            alcohol.''.
                                 <all>