S 273

112th CONGRESS
1st Session

S. 273

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 SENATE OF THE UNITED STATES

February 3, 2011

Mr. LAUTENBERG (for himself, Mr. UDALL of New Mexico, Mr. FRANKEN, Ms. KLOBUCHAR, Mr. MENENDEZ, and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


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.

      `(4) MOTOR VEHICLE-

        `(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