[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 708 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 708

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 1997

Mr. Lautenberg 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 provide for a national 
 minimum penalty for an individual 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 Matthew 
P. Hammell Memorial Act''.

SEC. 2. MINIMUM PENALTY FOR AN INDIVIDUAL WHO OPERATES A MOTOR VEHICLE 
              WHILE UNDER THE INFLUENCE OF ALCOHOL.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 162. National minimum penalty for an individual who operates a 
              motor vehicle while under the influence of alcohol
    ``(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 paragraphs (1), (3), and (5)(B) of section 104(b) 
        on October 1, 2000, if the State does not meet the requirements 
        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, 
        2001, and on October 1 of each fiscal year thereafter, if the 
        State does not meet the requirements of paragraph (3) on that 
        date.
            ``(3) Requirements.--
                    ``(A) In general.--A State meets the requirements 
                of this paragraph if the State has enacted and is 
                enforcing a law that provides for a minimum penalty 
                consistent with the following:
                            ``(i) In the case of the first offense of 
                        an individual of operating a motor vehicle 
                        while under the influence of alcohol, 
                        revocation of the individual's driver's license 
                        for at least 180 days.
                            ``(ii) In the case of the second offense of 
                        an individual of any alcohol-related offense 
                        while operating a motor vehicle (including 
                        operating a motor vehicle while under the 
                        influence of alcohol), revocation of the 
                        individual's driver's license for at least 1 
                        year.
                            ``(iii) In the case of the third or 
                        subsequent offense of an individual of any 
                        alcohol-related offense while operating a motor 
                        vehicle (including operating a motor vehicle 
                        while under the influence of alcohol), 
                        permanent revocation of the individual's 
                        driver's license.
                    ``(B) Terms of revocation.--A revocation under 
                subparagraph (A) 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 the 
                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 the 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 requirements of subsection (a)(3), the Secretary 
        shall, on the first day on which the State meets the 
        requirements, 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 under paragraph (2) shall remain 
        available for expenditure until the end of the third fiscal 
        year following the fiscal year in which the funds are so 
        apportioned. Sums not obligated at the end of that 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 requirements of 
        subsection (a)(3), the funds shall lapse or, in the case of 
        funds withheld from apportionment under section 104(b)(5)(B), 
        shall lapse and be made available by the Secretary for projects 
        in accordance with section 118.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

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