TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. ESTABLISHMENT OF NEW FASHION MODEL NONIMMIGRANT 
              CLASSIFICATION.

    (a) In General.--
            (1) New classification.--Section 101(a)(15)(P) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)) is 
        amended--
                    (A) in clause (iii), by striking ``or'' at the end;
                    (B) in clause (iv), by striking ``clause (i), (ii), 
                or (iii)'' and inserting ``clause (i), (ii), (iii), or 
                (iv)'';
                    (C) by redesignating clause (iv) as clause (v); and
                    (D) by inserting after clause (iii) the following:
                    ``(iv) is a fashion model who is of distinguished 
                merit and ability and who is seeking to enter the 
                United States temporarily to perform fashion modeling 
                services that involve events or productions which have 
                a distinguished reputation or that are performed for an 
                organization or establishment that has a distinguished 
                reputation for, or a record of, utilizing prominent 
                modeling talent; or''.
            (2) Authorized period of stay.--Section 214(a)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(a)(2)(B)) is 
        amended in the second sentence--
                    (A) by inserting ``or fashion models'' after 
                ``athletes''; and
                    (B) by inserting ``or fashion model'' after 
                ``athlete''.
            (3) Numerical limitation.--Section 214(c)(4) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(c)(4)) is 
        amended by adding at the end the following:
    ``(I)(i) The total number of aliens who may be issued visas or 
otherwise provided nonimmigrant status during any fiscal year under 
section 101(a)(15)(P)(iv) may not exceed 1,000.
    ``(ii) The numerical limitation established by clause (i) shall 
only apply to principal aliens and not to the spouses or children of 
such aliens.
    ``(iii) An alien who has already been counted toward the limitation 
established by clause (i) shall not be counted again during the same 
period of stay or authorized extension under subsection (a)(2)(B), 
irrespective of whether there is a change in petitioner under 
subparagraph (C).''.
            (4) Consultation.--
                    (A) In general.--Section 214(c)(4)(D) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1184(c)(4)(D)) is amended by striking ``clause (i) or 
                (iii)'' and inserting ``clause (i), (iii), or (iv)''.
                    (B) Advisory opinion.--Section 214(c)(6)(A)(iii) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1184(c)(6)(A)(iii)) is amended--
                            (i) by striking ``section 101(a)(15)(P)(i) 
                        or 101(a)(15)(P)(iii),'' and inserting ``clause 
                        (i), (iii), or (iv) of section 
                        101(a)(15)(P),''; and
                            (ii) by striking ``of athletics or 
                        entertainment''.
                    (C) Expedited procedures.--Section 214(c)(6)(E)(i) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1184(c)(6)(E)(i)) is amended by striking ``artists or 
                entertainers'' and inserting ``artists, entertainers, 
                or fashion models''.
    (b) Elimination of H-1B Classification for Fashion Models.--Section 
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(i)(b)) is amended--
            (1) by striking ``or as a fashion model''; and
            (2) by striking ``or, in the case of a fashion model, is of 
        distinguished merit and ability''.
    (c) Effective Date and Implementation.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of the enactment of this Act.
            (2) Regulations, guidelines, and precedents.--The 
        regulations, guidelines and precedents in effect on the date of 
        the enactment of this Act for the adjudication of petitions for 
        fashion models under section 101(a)(15)(H)(i)(b) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(i)(b)), shall be applied to petitions for 
        fashion models under section 101(a)(15)(P)(iv) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)), 
        as added by this Act, except to the extent modified by the 
        Secretary of Homeland Security through final regulations (not 
        through interim regulations) promulgated in accordance with 
        subchapter II of chapter 5, and chapter 7, of title 5, United 
        States Code (commonly known as the ``Administrative Procedure 
        Act'').
            (3) Construction.--Nothing in this section shall be 
        construed as preventing an alien who is a fashion model from 
        obtaining nonimmigrant status under section 101(a)(15)(O)(i) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(O)(i)) if such alien is otherwise qualified for 
        such status.
            (4) Treatment of pending petitions.--Petitions filed on 
        behalf of fashion models under section 101(a)(15)(H)(i)(b) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(i)(b)) that are pending on the date of the 
        enactment of this Act shall be treated as if they had been 
        filed under section 101(a)(15)(P)(iv) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)), as added by this 
        Act.

SOLUTION: Amends the Immigration and Nationality Act to replace the current nonimmigrant (H-1B) visa category for fashion models with a new (P-4) visa category.

Defines such category as a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent.

Provides that such entrants may not: (1) exceed 1,000 in any fiscal year, not including accompanying spouses or children; and (2) stay in the United States for more than 10 years (initial five-year period with one five-year extension).

Makes an employer petition for such alien models eligible for expedited consultation procedures.

States that applicable H-1B regulations, guidelines, and precedents in effect on the date of the enactment of this Act for the adjudication of fashion model petitions shall be applied to P-4 petitions, except to the extent modified by the Secretary of Homeland Security.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy and Water Research 
Integration Act''.

SEC. 2. ENERGY AND WATER RESEARCH AND ASSESSMENT.

    (a) In General.--The Secretary of Energy shall assess each of the 
energy research, development, and demonstration programs and projects 
of the Department of Energy and identify those programs and projects 
into which it is appropriate to integrate water considerations. In 
carrying out this section the Secretary shall, as appropriate--
            (1) seek to advance energy and energy efficiency 
        technologies and practices that would--
                    (A) minimize freshwater withdrawal and consumption;
                    (B) increase water use efficiency; and
                    (C) utilize nontraditional water sources with 
                efforts to improve the quality of that water;
            (2) consider the effects climate variability and change may 
        have on water supplies and quality for energy generation and 
        fuel production; and
            (3) improve understanding of the energy required to provide 
        water supplies and the water required to provide reliable 
        energy supplies throughout the United States.
    (b) Strategic Plan.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Energy shall develop a 
        Strategic Plan (in this section referred to as the ``Strategic 
        Plan'') outlining the research, development, and demonstration 
        needs for the programs and projects identified under subsection 
        (a), in accordance with subsections (a) through (c) of this 
        section, as appropriate.
            (2) Milestones and specific considerations.--In carrying 
        out the development and updating of the Strategic Plan in 
        accordance with this subsection, the Secretary shall evaluate 
        and, as appropriate, establish technical milestones for--
                    (A) new advanced cooling technologies for energy 
                generation and fuel production technologies;
                    (B) performance improvement of existing cooling 
                technologies and cost reductions associated with using 
                those technologies;
                    (C) innovative water reuse, recovery, and treatment 
                in energy generation and fuel production;
                    (D) technology development for carbon capture and 
                storage systems that utilize efficient water use design 
                strategies;
                    (E) technologies that are life-cycle cost 
                effective;
                    (F) systems analysis and modeling of issues 
                relating to the energy required to provide water 
                supplies and the water required to provide reliable 
                energy supplies throughout the United States;
                    (G) technologies to treat and utilize produced 
                waters discharged from oil, natural gas, coalbed 
                methane, and mining activities;
                    (H) advanced materials for the use of 
                nontraditional water sources for energy generation and 
                fuel production;
                    (I) biomass production and utilization and the 
                impact on hydrologic systems;
                    (J) technologies that reduce impacts on water from 
                energy resource development;
                    (K) increases in energy efficiency of water 
                distribution and collection systems;
                    (L) technologies for energy generation from water 
                distribution and collection systems; and
                    (M) any other area of the energy-water nexus that 
                the Secretary considers appropriate.
            (3) Interagency collaboration and nonduplication.--In 
        carrying out the development and updating of the Strategic Plan 
        in accordance with this subsection, the Secretary shall, where 
        appropriate, work collaboratively with other Federal agencies 
        operating related programs and avoid duplication.
            (4) Intra-agency coordination and nonduplication.--In 
        carrying out the development and updating of the Strategic Plan 
        in accordance with this subsection, the Secretary shall 
        coordinate and avoid duplication of activities across programs 
        and projects of the Department of Energy, including with those 
        of the National laboratories.
            (5) Relevant information and recommendations.--In carrying 
        out the development and updating of the Strategic Plan in 
        accordance with this subsection, the Secretary shall consider 
        and incorporate, as appropriate, relevant information and 
        recommendations, including those of the National Water 
        Availability and Use Assessment Program under section 9508(d) 
        of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 
        10368(d)).
            (6) Nongovernmental participation.--In carrying out the 
        development and updating of the Strategic Plan in accordance 
        with this subsection, the Secretary shall consult and 
        coordinate with a diverse group of representatives from 
        research and academic institutions and industry who have 
        expertise in technologies and practices relating to the energy 
        required to provide water supplies and the water required to 
        provide reliable energy supplies throughout the United States.
            (7) Submission to congress.--Not later than 9 months after 
        the date of enactment of this Act, the Secretary shall submit 
        to Congress the Strategic Plan.
            (8) Updating the strategic plan.--Not later than 3 years 
        after the date of enactment of this Act, the Secretary shall 
        utilize relevant information produced by Federal Government 
        agencies, academia, and industry to update the Strategic Plan, 
        and submit a report to Congress describing the changes from the 
        initial Strategic Plan.
    (c) Implementation.--
            (1) In general.--The Secretary of Energy shall implement 
        the Strategic Plan, as appropriate, in carrying out energy 
        research, development, and demonstration programs of the 
        Department of Energy.
            (2) Application to projects.--Not later than 3 months after 
        the submission of the report to Congress in subsection (b)(7)), 
        the Secretary shall as appropriate apply the Strategic Plan to 
        projects--
                    (A) identified as the most energy and water 
                intensive; and
                    (B) with the most potential to achieve the purposes 
                of this section.
            (3) Delay or disruption.--In carrying out this subsection, 
        the Secretary shall ensure that no program or project of the 
        Department is unnecessarily delayed or disrupted.
    (d) Reports.--Not later than 2 years after the date of enactment of 
this Act, and at least once every 2 years thereafter, the Secretary 
shall transmit to Congress a report on its findings and activities 
under this section.
    (e) Additional Activities.--The Secretary may provide for such 
additional research, development, and demonstration activities as may 
be appropriate to integrate water considerations into the research, 
development, and demonstration activities of the Department as 
described in subsection (a).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy for carrying out this section 
$60,000,000 for each of the fiscal years 2011 through 2015.

SEC. 3. ENERGY-WATER ARCHITECTURE COUNCIL.

    (a) In General.--The Secretary of Energy, in coordination with 
other relevant Federal agencies, shall establish an Energy-Water 
Architecture Council to promote and enable improved energy and water 
resource data collection, reporting, and technological innovation. The 
Council shall consist of--
            (1) representation from each Federal agency that conducts 
        research related to energy and water resource data; and
            (2) non-Federal members, including representatives of 
        research and academic institutions and industry, who have 
        expertise in technologies and practices relating to the energy 
        required to provide water supplies and the water required to 
        provide reliable energy supplies throughout the United States.
    (b) Functions.--The Council shall--
            (1) make recommendations on the development of data 
        collection and data communication standards and protocols to 
        agencies and entities currently engaged in collecting the data 
        for the energy required to provide water supplies and the water 
        required to provide reliable energy supplies throughout the 
        United States;
            (2) recommend ways to make improvements to Federal water 
        use data to increase understanding of trends in energy 
        generation and fuel production;
            (3) recommend best practices for utilizing information from 
        existing monitoring networks to provide nationally uniform 
        water and energy use and infrastructure data; and
            (4) conduct annual technical workshops, including at least 
        one regional workshop annually, to facilitate information 
        exchange among Federal, State, and private sector experts on 
        technologies that encourage the conservation and efficient use 
        of water and energy.
    (c) Reports.--Not later than 1 year after the date of enactment of 
this Act, and at least once every 2 years thereafter, the Council, 
through the Secretary of Energy, shall transmit to the Congress a 
report on its findings and activities under this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy for carrying out this section 
$5,000,000 for each of the fiscal years 2011 through 2015.

SEC. 4. LIMITATION ON FEDERAL REGULATIONS.

    Nothing in this Act shall be construed to allow the establishment 
of regulations by the Federal Government that would infringe or impair 
the use of water by State, tribal, or local governments.

SEC. 5. MANDATES.

    Nothing in this Act shall be construed to require State, tribal, or 
local governments to take any action that may result in an increased 
financial burden to such governments by restricting the use of water by 
such governments.

SEC. 6. COORDINATION AND NONDUPLICATION.

    To the maximum extent practicable, the Secretary of Energy shall 
coordinate activities under this Act with other programs of the 
Department of Energy and other Federal research programs.

            Passed the House of Representatives December 1, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

SOLUTION: Energy and Water Research Integration Act - (Sec. 2) Directs the Secretary of Energy to identify each of the Department of Energy's (DOE's) energy research, development, and demonstration programs and projects into which it is appropriate to integrate water considerations. Requires the Secretary to: (1) seek to advance energy and energy efficiency technologies and practices that would minimize freshwater withdrawal and consumption, increase water use efficiency, and utilize nontraditional water sources with efforts to improve water quality; and (2) consider the effects climate variability and change may have on water supplies and quality for energy generation and fuel production; and (3) improve understanding of the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States.

Requires the Secretary to develop, submit to Congress within nine months, and update every three years a Strategic Plan outlining the research, development, and demonstration needs of such programs and projects. Requires the Secretary to evaluate and establish technical milestones for: (1) new advanced cooling technologies for energy generation and fuel production technologies; (2) performance improvement and cost reductions of cooling technologies; (3) innovative water reuse, recovery, and treatment in energy generation and fuel production; (4) technology development for carbon capture and storage systems that utilize efficient water use design strategies; (5) technologies that are life-cycle cost effective; (6) systems analysis and modeling of issues relating to the energy required to provide water supplies and the water required to provide reliable energy supplies; (7) technologies to treat and utilize produced waters discharged from oil, natural gas, coal-bed methane, and mining activities; (8) advanced materials for the use of nontraditional water sources for energy generation and fuel production; (9) biomass production and utilization and the impact on hydrologic systems; (10) technologies that reduce impacts on water from energy resource development; (11) increases in energy efficiency of water distribution and collection systems; and (12) technologies for energy generation from such systems.

 Requires the Secretary to: (1) implement the Strategic Plan in carrying out DOE energy research, development, and demonstration programs; and (2) report to Congress every two years on findings and activities under this Act. Authorizes appropriations.

(Sec. 3) Directs the Secretary to establish an Energy-Water Architecture Council to promote and enable improved energy and water resource data collection, reporting, and technological innovation. Requires the Council to: (1) make recommendations on the development of data collection and communication standards and protocols to entities engaged in collecting data for the energy required to provide water supplies and the water required to provide reliable energy supplies throughout the United States; (2) recommend ways to make improvements to federal water use data to increase understanding of trends in energy generation and fuel production; (3) recommend best practices for utilizing information from monitoring networks to provide nationally uniform water and energy use and infrastructure data; and (4) conduct annual technical workshops to facilitate information exchange among federal, state, and private sector experts on technologies that encourage the conservation and efficient use of water and energy.

(Sec. 4) Provides that nothing in this Act shall be construed to: (1) allow the establishment of regulations by the federal government that would infringe or impair the use of water by state, tribal, or local governments; and (2) require state, tribal, or local governments to take any action that may result in an increased financial burden by restricting their water use.

(Sec. 6) Directs the Secretary to coordinate activities under this Act with other DOE programs and other federal research programs.

PROBLEM: 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.

SOLUTION:
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 DUI/DWI 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.