article: 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 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.''.
summary: Deadly Driver Reduction Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2003, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides the following minimum sentences: (1) for a first conviction of operating a motor vehicle while under the influence of alcohol, revocation of the driver's license for six months, imposition of a $500 fine, and an assessment of the individual's degree of alcohol abuse and appropriate treatment; (2) for a first conviction of operating a motor vehicle with a blood alcohol concentration of .16 or greater, revocation of the individual's license for six months, or two years if the individual refused to take a breath test to determine the individual's blood alcohol concentration, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 30 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for 180 days, imposition of a $750 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment; (3) for a third conviction for operating a motor vehicle while under the influence of alcohol, revocation of license for one year, or two years if the individual refused to take a breath test, imposition of a requirement prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for five years, impoundment or immobilization of the individual's motor vehicle for 60 days, requiring the installation of an ignition interlock system on the individual's motor vehicle for one year, imposition of a $1,000 fine, ten days' imprisonment or 60 days' community service, and assessment of the individual's degree of alcohol abuse and appropriate treatment; and (4) for a third or subsequent conviction for operating a motor vehicle while under the influence of alcohol or for a second such conviction if the individual's first conviction was for operating a motor vehicle with a blood alcohol concentration of .16 or greater, permanent revocation of the individual's license (without exception). Allows funds withheld from a State during FY 2003 to be available for up to three fiscal years after such date (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years.