[Congressional Record Volume 145, Number 67 (Tuesday, May 11, 1999)]
[Senate]
[Pages S5051-S5052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 1005. A bill to amend title 23, United States Code, to provide for 
national minimum sentences for individuals convicted of operating motor 
vehicles under the influence of alcohol; to the Committee on 
Environment and Public Works.


                      deadly driver reduction act

  Mr. LAUTENBERG. Mr. President, today I am announcing new legislation 
that will go even further in taking drunk drivers off the road. This 
legislation means three strikes and, then, you lose your license.
  This would set nation-wide standards for license revocation for drunk 
drivers. Currently, states have a patchwork of laws that range from a 
fifteen day suspension to a ten year revocation for a third offense. 
This bill would require that all states adopt at least the following 
for each level of conviction, otherwise they would face a 10 percent 
cut in their highway funds.
  For the first offense, this bill calls for a six-month license 
revocation, $500 fine, and assessment of alcohol abuse. If a person's 
blood alcohol content (BAC) is .16 or greater, his or her punishment 
includes a ceiling of .05 BAC for the next five years, impoundment/
immobilization of his car for 30 days, an ignition interlock for 180 
days, and 10 days in jail or 60 hours of community service.
  For the second offense, the repeat offender receives a one year 
license revocation, a ceiling of .05 BAC for the next five years, 
impoundment/immobilization of his or her car for 60 days, ignition 
interlock for a year, 10 days jail or 60 hours of community service, 
and an assessment of alcohol abuse.
  And, finally, for the third offense, the repeat offender will lose 
his driver's license permanently.
  With a tough license-revocation law, we can save hundreds of lives 
each year. This is the next logical step in the fight against drunk 
driving. It will build on what we started in 1984, when Democrats and 
Republicans joined together to increase the drinking age to 21. Back 
then, the liquor lobby issued all kinds of dire warnings that the 
industry would not survive that legislation. But of course, the 
industry did survive. And more than 10,000 drunk-driving deaths were 
prevented.
  We need this legislation. Remember, drunk-driving deaths are not 
``accidents.'' They are the result of somebody's irresponsible and 
criminally reckless behavior.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1005

       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 
     Act''.

     SEC. 2. NATIONAL MINIMUM SENTENCES FOR INDIVIDUALS CONVICTED 
                   OF OPERATING MOTOR VEHICLES WHILE UNDER THE 
                   INFLUENCE OF ALCOHOL.

       (a) In General.--Section 164 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 164. National minimum sentences for individuals 
       convicted of operating motor vehicles while under the 
       influence of alcohol

       ``(a) Definitions.--In this section:
       ``(1) Blood alcohol concentration.--The term `blood alcohol 
     concentration' means grams of alcohol per 100 milliliters of 
     blood or grams of alcohol per 210 liters of breath.
       ``(2) Driving under the influence.--The term `driving under 
     the influence' means operating a motor vehicle while having a 
     blood alcohol concentration above the limit established by 
     the State in which the motor vehicle is operated.
       ``(3) Motor vehicle.--The term `motor vehicle' means a 
     vehicle driven or drawn by mechanical power and manufactured 
     primarily for use on public highways, but does not include a 
     vehicle operated solely on a rail line or a commercial 
     vehicle.
       ``(4) Operate.--The term `operate', with respect to a motor 
     vehicle, means to drive or be in actual physical control of 
     the motor vehicle.
       ``(b) Withholding of Apportionments for Noncompliance.--
       ``(1) Fiscal year 2003.--The Secretary shall withhold 5 
     percent of the amount required to be apportioned to any State 
     under each of paragraphs (1), (3), and (4) of section 104(b) 
     on October 1, 2002, if the State does not meet the 
     requirements 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 paragraphs (1), (3), and (4) of 
     section 104(b) on October 1, 2003, 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 sentence consistent with the 
     following and with subparagraph (B):
       ``(i) Except as provided in clause (ii), in the case of the 
     first conviction of an individual

[[Page S5052]]

     for driving under the influence, a sentence requiring--

       ``(I) revocation of the individual's driver's license for 6 
     months;
       ``(II) payment of a $500 fine by the individual; and
       ``(III)(aa) an assessment of the individual's degree of 
     alcohol abuse; and
       ``(bb) appropriate treatment.

       ``(ii) In the case of the first conviction of an individual 
     for operating a motor vehicle with a blood alcohol 
     concentration of .16 or greater, a sentence requiring--

       ``(I) revocation of the individual's driver's license for 6 
     months, or for 2 years if, at the time of arrest, the 
     individual refused to take a breath test to determine the 
     individual's blood alcohol concentration;
       ``(II) imposition of a requirement on the individual 
     prohibiting the individual from operating a motor vehicle 
     with a blood alcohol concentration of .05 or greater for 5 
     years;
       ``(III) impoundment or immobilization of the individual's 
     motor vehicle for 30 days;
       ``(IV) imposition of a requirement on the individual 
     requiring the installation of an ignition interlock system on 
     the individual's motor vehicle for 180 days;
       ``(V) payment of a $750 fine by the individual;
       ``(VI) 10 days of imprisonment of, or 60 days of community 
     service by, the individual; and
       ``(VII)(aa) an assessment of the individual's degree of 
     alcohol abuse; and
       ``(bb) appropriate treatment.

       ``(iii) Except as provided in clause (iv), in the case of 
     the second conviction of an individual for driving under the 
     influence, a sentence requiring--

       ``(I) revocation of the individual's driver's license for 1 
     year, or for 2 years if, at the time of arrest, the 
     individual refused to take a breath test to determine the 
     individual's blood alcohol concentration;
       ``(II) imposition of a requirement on the individual 
     prohibiting the individual from operating a motor vehicle 
     with a blood alcohol concentration of .05 or greater for 5 
     years;
       ``(III) impoundment or immobilization of the individual's 
     motor vehicle for 60 days;
       ``(IV) imposition of a requirement on the individual 
     requiring the installation of an ignition interlock system on 
     the individual's motor vehicle for 1 year;
       ``(V) payment of a $1,000 fine by the individual;
       ``(VI) 10 days of imprisonment of, or 60 days of community 
     service by, the individual; and
       ``(VII)(aa) an assessment of the individual's degree of 
     alcohol abuse; and
       ``(bb) appropriate treatment.

       ``(iv) In the case of the third or subsequent conviction of 
     an individual for driving under the influence, or in the case 
     of a second such conviction if the individual's first such 
     conviction was a conviction described in clause (ii), a 
     sentence requiring permanent revocation of the individual's 
     driver's license.
       ``(B) Revocations.--A revocation of a driver's license 
     under subparagraph (A) shall not be subject to any exception 
     or condition, including an exception or condition to avoid 
     hardship to any individual.
       ``(c) Period of Availability; Effect of Compliance and 
     Noncompliance.--
       ``(1) Period of availability of withheld funds.--
       ``(A) Funds withheld on or before september 30, 2004.--Any 
     funds withheld under subsection (b) from apportionment to any 
     State on or before September 30, 2004, 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, 2004.--No funds 
     withheld under this section from apportionment to any State 
     after September 30, 2004, 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 (b) from apportionment are to 
     remain available for apportionment to a State under paragraph 
     (1)(A), the State meets the requirements of subsection 
     (b)(3), the Secretary shall, on the first day on which the 
     State meets the requirements, apportion to the State the 
     funds withheld under subsection (b) that remain available for 
     apportionment to the State.
       ``(3) Period of availability of subsequently apportioned 
     funds.--
       ``(A) In general.--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.
       ``(B) Treatment of certain funds.--Any funds apportioned 
     under paragraph (2) that are not obligated at the end of the 
     period referred to in subparagraph (A) shall lapse.
       ``(4) Effect of noncompliance.--If, at the end of the 
     period for which funds withheld under subsection (b) from 
     apportionment are available for apportionment to a State 
     under paragraph (1)(A), the State does not meet the 
     requirements of subsection (b)(3), the funds shall lapse.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 1 of title 23, United States Code, is amended by 
     striking the item relating to section 164 and inserting the 
     following:

``164. National minimum sentences for individuals convicted of 
              operating motor vehicles while under the influence of 
              alcohol.''.
                                 ______