HR 2129
112th CONGRESS
1st Session
H. R. 2129
To amend chapter 1 of title 23, United States Code, to condition
the receipt of certain highway funding by States on the enactment and enforcement
by States of certain laws to prevent repeat intoxicated driving.
IN THE HOUSE OF REPRESENTATIVES
June 3, 2011
Mr. ENGEL introduced the following bill; which was referred to the Committee
on Transportation and Infrastructure
A BILL
To amend chapter 1 of title 23, United States Code, to condition
the receipt of certain highway funding by States on the enactment and enforcement
by States of certain laws to prevent repeat intoxicated 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 `Drunk Driving Repeat Offender Prevention Act
of 2011'.
SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED
DRIVING.
(a) In General- Chapter 1 of title 23, United States Code, is amended by adding
at the end the following:
`Sec. 167. Use of ignition interlock devices to prevent repeat intoxicated
driving
`(a) Definitions- In this section:
`(1) ALCOHOL CONCENTRATION- The term `alcohol concentration' means grams
of alcohol per 100 milliliters of blood or 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 in a State while having a
blood alcohol concentration of 0.08 percent or greater.
`(3) IGNITION INTERLOCK DEVICE- The term `ignition interlock device' means
an in-vehicle device that requires a driver to provide a breath sample prior
to the motor vehicle starting, and that prevents a motor vehicle from starting
if the alcohol concentration of the driver is above the legal limit.
`(A) IN GENERAL- The term `motor vehicle' means a vehicle driven or drawn
by mechanical power and manufactured primarily for use on public highways.
`(B) EXCLUSIONS- The term `motor vehicle' does not include--
`(i) a vehicle operated solely on a rail line; or
`(ii) a commercial vehicle.
`(b) Laws Requiring Ignition Interlock Devices- A State meets the requirements
of this subsection if the State has enacted and is enforcing a law that requires
throughout the State the installation of an ignition interlock device for
a minimum of 180 days on each motor vehicle operated by an individual who
is convicted of driving while intoxicated or driving under the influence.
`(c) Withholding of Funds for Noncompliance-
`(1) FISCAL YEAR 2014- On October 1, 2013, the Secretary shall withhold
1 percent of the amount required to be apportioned to a State under each
of sections 104(b)(1), 104(b)(3), and 104(b)(4) if the State does not meet
the requirements of subsection (b).
`(2) FISCAL YEAR 2015- On October 1, 2014, the Secretary shall withhold
3 percent of the amount required to be apportioned to a State under each
of sections 104(b)(1), 104(b)(3), and 104(b)(4) if the State does not meet
the requirements of subsection (b).
`(3) FISCAL YEAR 2016 AND THEREAFTER- On October 1, 2015, and on October
1 of each fiscal year thereafter, the Secretary shall withhold 5 percent
of the amount required to be apportioned to a State under each of sections
104(b)(1), 104(b)(3), and 104(b)(4) if the State does not meet the requirements
of subsection (b).
`(d) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance-
`(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS- Any funds withheld under
subsection (c) from apportionment to a State shall remain available for
apportionment to the State until the end of the third fiscal year following
the fiscal year for which the funds are authorized to be appropriated.
`(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLIANCE- If, before the last
day of the period for which funds withheld under subsection (c) from apportionment
are to remain available for apportionment to a State under paragraph (1),
the State meets the requirements of subsection (b), the Secretary shall,
on the first day on which the State meets the requirements of subsection
(b), apportion to the State the funds withheld under subsection (c) that
remain available for apportionment to the State.
`(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS- Any funds
apportioned pursuant to paragraph (2)--
`(A) shall remain available for expenditure until the end of the third
fiscal year following the fiscal year in which the funds are so apportioned;
and
`(B) if not apportioned at the end of that period, shall lapse.
`(4) EFFECT OF NONCOMPLIANCE- If, at the end of the period for which funds
withheld under subsection (c) from apportionment are available for apportionment
to a State under paragraph (1), the State does not meet the requirements
of subsection (b), the funds shall lapse.'.
(b) Conforming Amendment- The analysis for chapter 1 of title 23, United States
Code, is amended by adding at the end the following:
`Sec. 167. Use of ignition interlock devices to prevent repeat intoxicated
driving.'.
END
