I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Deadly Driver Reduc5 tion and Burton H. Greene Memorial Act’’.
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1 SEC. 2. MINIMUM SENTENCE FOR A PERSON WHO OPER2 ATES A MOTOR VEHICLE WHILE ALCOHOL-IM3 PAIRED.

4 (a) IN GENERAL.—Chapter 1 of title 23, United

5 States Code, is amended by adding at the end the follow6 ing:

7 ‘‘§ 162. National minimum sentence for a person who

8 operates a motor vehicle while alcohol9 impaired

10 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON11 COMPLIANCE.—

12 ‘‘(1) FISCAL YEAR 2001.—The Secretary shall

13 withhold 5 percent of the amount required to be ap14 portioned to any State under each of sections

15 104(b)(1), 104(b)(3), and 104(b)(5)(B) on October

16 1, 2000, if the State does not meet the requirement

17 of paragraph (3) on such date.

18 ‘‘(2) THEREAFTER.—The Secretary shall with19 hold 10 percent (including any amounts withheld

20 under paragraph (1)) of the amount required to be

21 apportioned to any State under each of sections

22 104(b)(1), 104(b)(3), and 104(b)(5)(B) on October

23 1, 2001, and on October 1 of each fiscal year there24 after, if the State does not meet the requirement of

25 paragraph (3) on such date.
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1 ‘‘(3) REQUIREMENT.—A State meets the re2 quirement of this paragraph if the State has enacted

3 and is enforcing a law which provides for a mini4 mum sentence consistent with the following:

5 ‘‘(A) In the case of the first conviction of

6 a person of operating a motor vehicle while

7 under the influence of alcohol, revocation of the

8 person’s driver’s license for 6 months.

9 ‘‘(B) In the case of the second conviction

10 of a person of operating a motor vehicle while

11 alcohol-impaired, revocation of the person’s

12 driver’s license for 1 year.

13 ‘‘(C) In the case of the third or subsequent

14 conviction of a person of operating a motor ve15 hicle while alcohol-impaired, permanent revoca16 tion of the person’s driver’s license.

17 A revocation pursuant to this paragraph shall not be

18 subject to any exception or condition, including an

19 exception or condition to avoid hardship to any indi20 vidual.

21 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI22 ANCE AND NONCOMPLIANCE.—

23 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

24 FUNDS.—
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1 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

2 SEPTEMBER 30, 2002.—Any funds withheld

3 under subsection (a) from apportionment to any

4 State on or before September 30, 2002, shall

5 remain available until the end of the third fiscal

6 year following the fiscal year for which such

7 funds are authorized to be appropriated.

8 ‘‘(B) FUNDS WITHHELD AFTER SEPTEM9 BER 30, 2002.—No funds withheld under this

10 section from apportionment to any State after

11 September 30, 2002, shall be available for ap12 portionment to such State.

13 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

14 AFTER COMPLIANCE.—If, before the last day of the

15 period for which funds withheld under subsection (a)

16 from apportionment are to remain available for ap17 portionment to a State under paragraph (1), the

18 State meets the requirement of subsection (a)(3),

19 the Secretary shall, on the first day on which the

20 State meets such requirement, apportion to the

21 State the funds withheld under subsection (a) that

22 remain available for apportionment to the State.
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1 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE2 QUENTLY APPORTIONED FUNDS.—Any funds appor3 tioned pursuant to paragraph (2) shall remain avail4 able for expenditure until the end of the third fiscal

5 year following the fiscal year in which such funds

6 are so apportioned. Sums not obligated at the end

7 of such period shall lapse or, in the case of funds

8 apportioned under section 104(b)(5)(B), shall lapse

9 and be made available by the Secretary for projects

10 in accordance with section 118.

11 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

12 end of the period for which funds withheld under

13 subsection (a) from apportionment are available for

14 apportionment to a State under paragraph (1), the

15 State does not meet the requirement of subsection

16 (a)(3), such funds shall lapse or, in the case of

17 funds withheld from apportionment under section

18 104(b)(5)(B), such funds shall lapse and be made

19 available by the Secretary for projects in accordance

20 with section 118.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of such chapter is amended by adding at

23 the end the following:

‘‘162. National minimum sentence for a person who operates a motor vehicle

while under the influence of alcohol.’’.

Æ