To amend title 23, United States Code, to increase penalties for individuals who operate motor vehicles while intoxicated or under the influence of alcohol.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Burton Greene Higher-Risk Impaired 
Driver Act''.

SEC. 2. INCREASED PENALTIES.

    (a) In General.--Chapter I of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 165. Increased penalties for higher risk drivers for driving 
              while intoxicated or driving under the influence
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Blood Alcohol concentration.--The term `blood alcohol 
        concentration' means grams of alcohol per 100 milliliters of 
        blood or the equivalent grams of alcohol per 210 liters of 
        breath.
            ``(2) Driving while intoxicated; driving under the 
        influence.--The terms `driving while intoxicated' and `driving 
        under the influence' mean driving or being in actual physical 
        control of a motor vehicle while having a blood alcohol 
        concentration above the permitted limit as established by each 
        State.
            ``(3) License suspension.--The term `license suspension' 
        means the suspension of all driving privileges.
            ``(4) 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.
            ``(5) Higher-risk impaired driver law.--
                    ``(A) The term `higher-risk impaired driver law' 
                means a State law that provides, as a minimum penalty, 
                that an individual described in subparagraph (B) 
                shall--
                            ``(i) receive a driver's license suspension 
                        for not less than 1 year, including a complete 
                        ban on driving for not less than 90 days and 
                        for the remainder of the license suspension 
                        period and prior to the issuance of a 
                        probational hardship or work permit license, be 
                        required to install a certified alcohol 
                        ignition interlock device;
                            ``(ii) have the motor vehicle driven at the 
                        time of arrest impounded or immobilized for not 
                        less than 90 days and for the remainder of the 
                        license suspension period require the 
                        installation of a certified alcohol ignition 
                        interlock device on the vehicle;
                            ``(iii) be subject to an assessment by a 
                        certified substance abuse official of the State 
                        that assesses the individual's degree of abuse 
                        of alcohol and assigned to a treatment program 
                        or impaired driving education program as 
                        determined by the assessment;
                            ``(iv) be imprisoned for not less than 10 
                        days, have an electronic monitoring device for 
                        not less than 100 days, or be assigned to a 
                        DUI/DWI specialty facility for not less than 30 
                        days;
                            ``(v) be fined a minimum of $1,000, with 
                        the proceeds of such funds to be used by the 
                        State or local jurisdiction for impaired 
                        driving related prevention, enforcement, and 
                        prosecution programs, or for the development or 
                        maintenance of a tracking system of offenders 
                        driving while impaired;
                            ``(vi) if the arrest resulted from 
                        involvement in a crash, the court shall require 
                        restitution to the victims of the crash;
                            ``(vii) be placed on probation by the court 
                        for a period of not less than 2 years;
                            ``(viii) if diagnosed with a substance 
                        abuse problem, during the first year of the 
                        probation period referred to in clause 
(vii), attend a treatment program for a period of 12 consecutive months 
sponsored by a State certified substance abuse treatment agency and 
meet with a case manager at least once each month; and
                            ``(ix) be required by the court to attend a 
                        victim impact panel, if such a panel is 
                        available.
                    ``(B) An individual referred to in subparagraph (A) 
                is an individual who--
                            ``(i) is convicted of a second or 
                        subsequent offense for driving while 
                        intoxicated or driving under the influence 
                        within a minimum of 5 consecutive years;
                            ``(ii) is convicted of a driving while 
                        intoxicated or driving under the influence with 
                        a blood alcohol concentration of 0.15 percent 
                        or greater;
                            ``(iii) is convicted of a driving-while-
                        suspended offense if the suspension was the 
                        result of a conviction for driving under the 
                        influence; or
                            ``(iv) refuses a blood alcohol 
                        concentration test while under arrest or 
                        investigation for involvement in a fatal or 
                        serious injury crash.
            ``(6) Special dui/dwi facility.--The term `special DUI/DWI 
        facility' means a facility that houses and treats offenders 
        arrested for driving while impaired and allows such offenders 
        to work and/or attend school.
            ``(7) Victim impact panel.--The term `victim impact panel' 
        means a group of impaired driving victims who speak to 
        offenders about impaired driving. The purpose of the panel is 
        to change attitudes and behaviors in order to deter impaired 
        driving recidivism.
    ``(b) Transfer of Funds.--
            ``(1) Fiscal year 2006.--Beginning on October 1, 2006, if a 
        State has not enacted or is not enforcing a higher risk 
        impaired driver law, the Secretary shall transfer an amount 
        equal to 2 percent of the funds apportioned to the State on 
        that date under each of paragraphs (1), (3), and (4) of section 
        104(b) to the apportionment of the State under section 402 
        solely for impaired driving programs.
            ``(2) Fiscal year 2007.--On October 1, 2007, if a State has 
        not enacted or is not enforcing a higher-risk impaired driver 
        law, the Secretary shall transfer an amount equal to 4 percent 
        of the funds apportioned to the State on that date under each 
        of paragraphs (1), (3), and (4) of section 104(b) to the 
        apportionment of the State under section 402 to be used or 
        directed as described in paragraph (1).
            ``(3) Fiscal year 2008.--On October 1, 2008, if a State has 
        not enacted or is not enforcing a higher-risk impaired driver 
        law, the Secretary shall transfer an amount equal to 6 percent 
        of the funds apportioned to the State on that date under each 
        of paragraphs (1), (3), and (4) of section 104(b) to the 
        apportionment of the State under section 402 to be used or 
        directed as described in paragraph (1).
            ``(4) Derivation of amount to be transferred.--The amount 
        to be transferred under paragraph (1), (2), or (3) may be 
        derived from 1 or more of the following:
                    ``(A) The apportionment of the State under section 
                104(b)(1).
                    ``(B) The apportionment of the State under section 
                104(b)(3).
                    ``(C) The apportionment of the State under section 
                104(b)(4).
            ``(5) Transfer of obligation authority.--
                    ``(A) In general.--If the Secretary transfers under 
                this subsection any funds to the apportionment of a 
                State under section 402 for a fiscal year, the 
                Secretary shall transfer an amount, determined under 
                subparagraph (B), of obligation authority distributed 
                for the fiscal year to the State for carrying out 
                impaired driving programs authorized under section 402.
                    ``(B) Amount.--The amount of obligation authority 
                referred to in subparagraph (A) shall be determined by 
                multiplying--
                            ``(i) the amount of funds transferred under 
                        subparagraph (A) to the apportionment of the 
                        State under section 402 for the fiscal year; by
                            ``(ii) the ratio that--
                                    ``(I) the amount of obligation 
                                authority distributed for the fiscal 
                                year to the State for Federal-aid 
                                highways and highway safety 
                                construction programs; bears to
                                    ``(II) the total of the sums 
                                apportioned to the State for Federal-
                                aid highways and highway safety 
                                construction programs (excluding sums 
                                not subject to any obligation 
                                limitation) for the fiscal year.
            ``(7) Limitation on applicability of obligation 
        limitation.--Notwithstanding any other provision of law, no 
        limitation on the total of obligations for highway safety 
        programs under section 402 shall apply to funds transferred 
        under this subsection to the apportionment of a State under 
        such section.
    ``(c) Withholding of Funds.--
            ``(1) Fiscal year 2009.--On October 1, 2008, if a State has 
        not enacted or is not enforcing a higher-risk impaired driver 
        law, the Secretary shall withhold 2 percent of the amount 
        required to be apportioned for Federal-aid highways to the 
        State on that date under each of paragraphs (1), (3), and (4) 
        of section 104(b).
            ``(2) Fiscal year 2010.--On October 1, 2009, if a State has 
        not enacted or is not enforcing a higher-risk impaired driver 
        law, the Secretary shall withhold 4 percent of the amount 
        required to be apportioned for Federal-aid highways to the 
        State on that date under each of paragraphs (1), (3), and (4) 
        of section 104(b).
            ``(3) Fiscal year 2011.--On October 1, 2010, if a State has 
        not enacted or is not enforcing a higher-risk impaired driver 
        law, the Secretary shall withhold 6 percent of the amount 
        required to be apportioned for Federal-aid highways to the 
        State on that date under each of paragraphs (1), (3), and (4) 
        of section 104(b).
            ``(4) Compliance.--Not later than 4 years after the date 
        that the apportionment for any State is reduced in accordance 
        with this section the Secretary determines that such State has 
        enacted and is enforcing a provision described in section 
        163(a), the apportionment of such State shall be increased by 
        an amount equal to such reduction. If at the end of such 4-year 
        period, any State has not enacted and is not enforcing a 
        provision described in section 163(a) any amounts so withheld 
        shall be transferred to carry out impaired driving programs 
        authorized under section 402.

Summary: Burton Greene Higher-Risk Impaired Driver Act - Requires the Secretary of Transportation, beginning on October 1, 2006, to transfer two percent of a State's Federal-aid highway funds to that State's apportionment solely for impaired driving programs if the State has not enacted or is not enforcing a higher risk impaired driver law. Defines such a law as one that provides certain minimum penalties for: (1) a second or subsequent offense of driving while intoxicated (DWI) or driving under the influence (DUI) within a minimum of five consecutive years, of DWI or DUI with a blood alcohol concentration of .15 percent or greater, or of driving-while-suspended if the suspension was the result of a DUI conviction. Or (2) refusing a blood alcohol concentration test while under arrest or investigation for involvement in a fatal or serious injury crash. Includes among such penalties: (1) driver's license suspension, (2) motor vehicle impoundment or immobilization. (3) assessment by a certified substance abuse official and assignment to treatment. (4) imprisonment, attachment of an electronic monitoring device, or assignment to a DUIDWI specialty facility, (5) a $1,000 fine, (6) required restitution, (7) probation. And (8) required attendance of a treatment program and a victim impact panel.