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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5076 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5076

   To amend title 23, United States Code, relating to drunk driving.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 1994

  Mrs. Byrne introduced the following bill; which was referred to the 
              Committee on Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
   To amend title 23, United States Code, relating to drunk driving.

    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 ``Marion Malley Walsh Drunk Driving 
Act of 1994''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Drunk driving crashes cost the United States health 
        care system approximately $6,000,000,000 in 1993.
            (2) Drunk driving crashes cost American businesses and 
        workers approximately $25,000,000,000 in lost wages in 1993.
            (3) It is estimated that alcohol was involved in 45 percent 
        of fatal motor vehicle crashes and in 7 percent of all motor 
        vehicle crashes in 1992.
            (4) The 17,699 fatalities in alcohol-related motor vehicle 
        crashes during 1992 represent an average of 1 alcohol-related 
        fatality every 30 minutes.
            (5) About 355,000 persons were injured in motor vehicle 
        crashes where police reported that alcohol was present--an 
        average of 1 person injured every 1\1/2\ minutes.
            (6) More than 1,800,000 drivers were arrested in 1991 for 
        driving under the influence of alcohol or narcotics--an arrest 
        rate of 1 for every 92 licensed drivers in the United States.
            (7) In 1992, an average of 35.2 percent of all fatal motor 
        vehicle crashes during a week were alcohol-related, compared to 
        58.2 percent on weekends.

SEC. 3. DRUNK DRIVING.

    Chapter 1 of title 23, United States Code, is amended by adding at 
the end the following:
``Sec. 161. Drunk driving
    ``(a) Transfer of Apportionments for Noncompliance.--
            ``(1) First fiscal year.--On the first day of the first 
        fiscal year succeeding the first fiscal year beginning after 
        September 30, 1996, throughout which a State does not meet the 
        requirements of subsection (b), the Secretary shall transfer 
        1\1/2\ percent of the funds apportioned to the State under each 
        of paragraphs (1), (2), and (3) of section 104(b) for such 
        fiscal year to the apportionment of the State under section 402 
        of this title.
            ``(2) After first fiscal year.--On the first day of each 
        fiscal year after the second fiscal year beginning after 
        September 30, 1996, throughout which a State does not meet the 
        requirements of subsection (b), the Secretary shall transfer 3 
        percent of the funds apportioned to the State under each of 
        paragraphs (1), (2), and (3) of section 104(b) for such fiscal 
        year to the apportionment of the State under section 402 of 
        this title.
    ``(b) Requirements.--A State meets the requirements of this 
paragraph if the State has enacted and is enforcing a law that provides 
for 4 or more of the following:
            ``(1) Any individual with a blood alcohol concentration of 
        0.08 percent or greater when driving a motor vehicle shall be 
        deemed to be driving while under the influence of alcohol.
            ``(2) Any individual under age 21, driving with a blood 
        alcohol concentration of 0.02 percent or greater, shall be 
        deemed to be driving while under the influence of alcohol, and 
        a blood alcohol content of at least 0.02 percent, but less than 
        0.08 percent, will be punishable by a fine of up to $500 and a 
        6-month driver's license suspension.
            ``(3) With respect to the impoundment of motor vehicles, 
        the State law provides the following:
                    ``(A) If an individual's license has been suspended 
                or revoked for an alcohol-related offense and the 
                individual is thereafter caught driving, the vehicle 
                the individual is driving will be immediately impounded 
                or immobilized for 30 days. The court can impound the 
                vehicle for an additional 90 days following conviction.
                    ``(B) The owner of the vehicle (other than the 
                driver) may petition the court for release of the 
                vehicle.
                    ``(C) Any individual who knowingly permits 
                operation of their motor vehicle by a person known to 
                have a revoked or suspended driver's license for an 
                alcohol-related offense can be charged with a Class 1 
                misdemeanor.
            ``(4) Establishment of an expedited driver's license 
        suspension or revocation system for persons who operate motor 
        vehicles while under the influence of alcohol which requires 
        that--
                    ``(A) when a law enforcement officer has probable 
                cause under State law to believe a person has committed 
                an alcohol-related traffic offense and such person is 
                determined, on the basis of a chemical test, to have 
                been under the influence of alcohol while operating the 
                motor vehicle or refuses to submit to such a test as 
                proposed by the officer, the officer shall serve such 
                person with a written notice of suspension or 
                revocation of the driver's license of such person and 
                take possession of such driver's license;
                    ``(B) the notice of suspension or revocation 
                referred to in subparagraph (A) shall provide 
                information on the administrative procedures under 
                which the State may suspend or revoke in accordance 
                with the objectives of this section a driver's license 
                of a person for operating a motor vehicle while under 
                the influence of alcohol and shall specify any rights 
                of the operator under such procedures;
                    ``(C) the State shall provide, in the 
                administrative procedures referred to in subparagraph 
                (B), for due process of law, including the right to an 
                administrative review of a driver's license suspension 
                or revocation within the time period specified in 
                subparagraph (F);
                    ``(D) after serving notice and taking possession of 
                a driver's license in accordance with subparagraph (A), 
                the law enforcement officer immediately shall report to 
                the State entity responsible for administering drivers' 
                licenses all information relevant to the action taken 
                in accordance with this subparagraph;
                    ``(E) in the case of a person who, in any 5-year 
                period beginning after the date of enactment of this 
                section, is determined on the basis of a chemical test 
                to have been operating a motor vehicle under the 
                influence of alcohol or is determined to have refused 
                to submit to such a test as proposed by the law 
                enforcement officer, the State entity responsible for 
                administering drivers' licenses, upon receipt of the 
                report of the law enforcement officer--
                            ``(i) shall suspend the driver's license of 
                        such person for a period of not less than 90 
                        days if such person is a first offender in such 
                        5-year period; and
                            ``(ii) shall suspend the driver's license 
                        of such person for a period of not less than 1 
                        year, or revoke such license, if such person is 
                        a repeat offender in such 5-year period; and
                    ``(F) the suspension and revocation referred to 
                under subparagraph (D) shall take effect not later than 
                30 days after the day on which the person first 
                received notice of the suspension or revocation in 
                accordance with subparagraph (B).
            ``(5)(A) Establishment and maintenance of a graduated 
        licensing program consisting of the following licensing stages 
        for any driver under age 21 years:
                    ``(i) An instructional license, valid for a minimum 
                period determined by the Secretary, under which the 
                licensee shall not operate a motor vehicle unless 
                accompanied in the front passenger seat by the holder 
                of a full driver's license.
                    ``(ii) A provisional driver's license which shall 
                not be issued unless the driver has passed a written 
                examination on traffic safety and has passed a roadtest 
                administered by the driver licensing agency of the 
                State.
                    ``(iii) A full driver's license which shall not be 
                issued until the driver has held a provisional license 
                for at least 6 months with a clean driving record.
            ``(B) For purposes of subparagraph (A)(iii), a provisional 
        licensee has a clean driving record if the licensee--
                    ``(i) has not been found, by civil or criminal 
                process, to have committed a moving traffic violation 
                during the applicable period;
                    ``(ii) has not been assessed points against the 
                license because of safety violations during such 
                period; and
                    ``(iii) has satisfied such other requirements as 
                the Secretary may prescribe by regulation.
            ``(C) The Secretary shall determine the conditions under 
        which a State shall suspend provisional driver's licenses in 
        order not to have funds transferred under subsection (a). At a 
        minimum, the holder of a provisional license shall be subject 
        to driver control actions that are stricter than those 
        applicable to the holder of a full driver's license, including 
        warning letters and suspension at a lower point threshold.
If the Secretary determines that a State law is substantially the same 
as what is required under paragraph (3) or (4), such law shall be 
treated as meeting such requirement.
    ``(c) Federal Share.--The Federal share of the cost of any project 
carried out under section 402 with funds transferred to the 
apportionment of section 402 under this section shall be 100 percent.
    ``(d) Transfer of Obligation Authority.--If the Secretary transfers 
under this section any funds to the apportionment of a State under 
section 402 for a fiscal year, the Secretary shall allocate an amount 
of obligation authority distributed for such fiscal year to the State 
for Federal-aid highways and highway safety construction programs for 
carrying out only projects under section 402 which is determined by 
multiplying--
            ``(1) the amount of funds transferred under this section to 
        the apportionment of section 402 of the State of such fiscal 
        year; by
            ``(2) the ratio of the amount of obligation authority 
        distributed for such fiscal year to the State for Federal-aid 
        highways and highway safety construction programs to the total 
        of the sums apportioned to the State for Federal-aid highways 
        and highway safety construction (excluding sums not subject to 
        any obligation limitation) for such fiscal year.
    ``(e) Limitation on Applicability of Highway Safety Obligations.--
Notwithstanding any other provision of law, no limitation on the total 
of obligations for highway safety programs carried out by the Federal 
Highway Administration under section 402 shall apply to funds 
transferred under this section to the apportionment of section 402.''.

SEC. 4. CONFORMING AMENDMENT.

    The analysis for chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:

``161. Drunk driving.''.
                                 <all>
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