Impaired Driving Repeat Offender Prevention Act

I 116TH CONGRESS 1ST SESSION H. R. 2998 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 MAY 23, 2019 Mrs. LOWEY 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Impaired Driving Re- 4 peat Offender Prevention Act’’. 5 VerDate Sep 11 2014 21:42 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2998.IH H2998 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2998 IH SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PRE- 1 VENT REPEAT INTOXICATED DRIVING. 2 (a) IN GENERAL.—Chapter 1 of title 23, United 3 States Code, is amended by adding at the end the fol- 4 lowing: 5 ‘‘§ 171. Use of ignition interlock devices to prevent re- 6 peat intoxicated driving 7 ‘‘(a) DEFINITIONS.—In this section: 8 ‘‘(1) ALCOHOL CONCENTRATION.—The term 9 ‘alcohol concentration’ means grams of alcohol per 10 100 milliliters of blood or grams of alcohol per 210 11 liters of breath. 12 ‘‘(2) DRIVING WHILE INTOXICATED; DRIVING 13 UNDER THE INFLUENCE.—The terms ‘driving while 14 intoxicated’ and ‘driving under the influence’ mean 15 driving or being in actual physical control of a motor 16 vehicle in a State while having a blood alcohol con- 17 centration that is greater than or equal to the lesser 18 of— 19 ‘‘(A) the blood alcohol concentration limit 20 of the State in which the individual is driving; 21 and 22 ‘‘(B) 0.08 percent. 23 ‘‘(3) IGNITION INTERLOCK DEVICE.—The term 24 ‘ignition interlock device’ means an in-vehicle device 25 that— 26 VerDate Sep 11 2014 21:42 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2998.IH H2998 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2998 IH ‘‘(A) requires a driver to provide a breath 1 sample prior to the motor vehicle starting; and 2 ‘‘(B) prevents a motor vehicle from start- 3 ing if the alcohol concentration of the driver is 4 above the legal limit. 5 ‘‘(4) MOTOR VEHICLE.— 6 ‘‘(A) IN GENERAL.—The term ‘motor vehi- 7 cle’ means a vehicle driven or drawn by me- 8 chanical power and manufactured primarily for 9 use on public highways. 10 ‘‘(B) EXCLUSIONS.—The term ‘motor vehi- 11 cle’ does not include— 12 ‘‘(i) a vehicle operated solely on a rail 13 line; or 14 ‘‘(ii) a commercial vehicle. 15 ‘‘(b) LAWS REQUIRING IGNITION INTERLOCK DE- 16 VICES.—A State meets the requirements of this subsection 17 if the State has enacted and is enforcing a law that re- 18 quires throughout the State the installation of an ignition 19 interlock device for a minimum of 180 days on each motor 20 vehicle operated by an individual who is convicted of driv- 21 ing while intoxicated or driving under the influence. 22 ‘‘(c) WITHHOLDING OF FUNDS FOR NONCOMPLI- 23 ANCE.— 24 VerDate Sep 11 2014 21:42 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2998.IH H2998 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2998 IH ‘‘(1) FISCAL YEAR 2022.—On October 1, 2021, 1 the Secretary shall withhold 1 percent of the amount 2 required to be apportioned to a State under each of 3 paragraphs (1) and (2) of section 104(b) if the State 4 does not meet the requirements of subsection (b). 5 ‘‘(2) FISCAL YEAR 2023.—On October 1, 2022, 6 the Secretary shall withhold 3 percent of the amount 7 required to be apportioned to a State under each of 8 paragraphs (1) and (2) of section 104(b) if the State 9 does not meet the requirements of subsection (b). 10 ‘‘(3) FISCAL YEAR 2024 AND THEREAFTER.—On 11 October 1, 2023, and on October 1 of each fiscal 12 year thereafter, the Secretary shall withhold 5 per- 13 cent of the amount required to be apportioned to a 14 State under each of paragraphs (1) and (2) of sec- 15 tion 104(b) if the State does not meet the require- 16 ments of subsection (b). 17 ‘‘(d) PERIOD OF AVAILABILITY OF WITHHELD 18 FUNDS; EFFECT OF COMPLIANCE AND NONCOMPLI- 19 ANCE.— 20 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD 21 FUNDS.—Any funds withheld under subsection (c) 22 from apportionment to a State shall remain available 23 for apportionment to the State until the end of the 24 VerDate Sep 11 2014 21:42 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2998.IH H2998 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2998 IH third fiscal year following the fiscal year for which 1 the funds are authorized to be appropriated. 2 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS 3 AFTER COMPLIANCE.—If, before the last day of the 4 period for which funds withheld under subsection (c) 5 from apportionment are to remain available for ap- 6 portionment to a State under paragraph (1), the 7 State meets the requirements of subsection (b), the 8 Secretary shall, on the first day on which the State 9 meets the requirements of subsection (b), apportion 10 to the State the funds withheld under subsection (c) 11 that remain available for apportionment to the 12 State. 13 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE- 14 QUENTLY APPORTIONED FUNDS.—Any funds appor- 15 tioned pursuant to paragraph (2)— 16 ‘‘(A) shall remain available for expenditure 17 until the end of the third fiscal year following 18 the fiscal year in which the funds are so appor- 19 tioned; and 20 ‘‘(B) if not apportioned at the end of that 21 period, shall lapse. 22 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 23 end of the period for which funds withheld under 24 subsection (c) from apportionment are available for 25 VerDate Sep 11 2014 21:42 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2998.IH H2998 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2998 IH apportionment to a State under paragraph (1), the 1 State does not meet the requirements of subsection 2 (b), the funds shall lapse.’’. 3 (b) CONFORMING AMENDMENT.—The analysis for 4 chapter 1 of title 23, United States Code, is amended by 5 adding at the end the following: 6 ‘‘171. Use of ignition interlock devices to prevent repeat intoxicated driving.’’. Æ VerDate Sep 11 2014 21:42 Jun 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2998.IH H2998 pamtmann on DSKBFK8HB2PROD with BILLS