End Drunk Driving Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3011 To improve the safety of individuals by taking measures to end drunk driving. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2019 Miss RICE of New York introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To improve the safety of individuals by taking measures to end drunk 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 ‘‘End Drunk Driving 4 Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 00:52 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3011 IH (1) Alcohol-impaired driving fatalities represent 1 approximately one-third of all highway fatalities in 2 the United States in a given year. 3 (2) First offenders are responsible for approxi- 4 mately two-thirds of drunk driving arrests and one- 5 third are from repeat offenders. 6 (3) In 2017, there were 10,874 alcohol-im- 7 paired driving fatalities in the United States. 8 (4) The National Highway Traffic Safety Ad- 9 ministration has partnered with automobile manu- 10 facturers to develop alcohol detection technologies 11 that may be installed in vehicles to prevent drunk 12 driving. 13 (5) An estimated 59,000 lives and 14 $343,000,000,000 may be saved over a 15-year pe- 15 riod by the widespread installation of alcohol detec- 16 tion technologies in motor vehicles. 17 SEC. 3. ADVANCED TECHNOLOGY TO END DRUNK DRIVING. 18 (a) IN GENERAL.—Not later than 10 years after the 19 date of enactment of this Act, the Secretary shall issue 20 a final rule prescribing or amending a Federal motor vehi- 21 cle safety standard that would prevent operation of a 22 motor vehicle when the operator is under the influence of 23 alcohol. The standard shall— 24 VerDate Sep 11 2014 00:52 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3011 IH (1) prevent the operation of the motor vehicle 1 if the operator’s blood alcohol content is above the 2 legal limit; and 3 (2) require such technology to be— 4 (A) reliable and accurate; 5 (B) set at the legal limit; 6 (C) unobtrusive and fast; 7 (D) tamper-proof/circumvention-resistant; 8 (E) functionary in extreme environments 9 (both hot and cold); and 10 (F) easily maintained. 11 SEC. 4. USE OF IGNITION INTERLOCK DEVICES TO PRE- 12 VENT REPEAT INTOXICATED DRIVING. 13 (a) IN GENERAL.—Chapter 1 of title 23, United 14 States Code, is amended by adding at the end the fol- 15 lowing: 16 ‘‘§ 171. Use of ignition interlock devices to prevent re- 17 peat intoxicated driving 18 ‘‘(a) DEFINITIONS.—In this section: 19 ‘‘(1) ALCOHOL CONCENTRATION.—The term 20 ‘alcohol concentration’ means grams of alcohol per 21 100 milliliters of blood or grams of alcohol per 210 22 liters of breath. 23 ‘‘(2) DRIVING WHILE INTOXICATED; DRIVING 24 UNDER THE INFLUENCE.—The terms ‘driving while 25 VerDate Sep 11 2014 00:52 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3011 IH intoxicated’ and ‘driving under the influence’ mean 1 driving or being in actual physical control of a motor 2 vehicle in a State while having a blood alcohol con- 3 centration that is greater than or equal to the lesser 4 of— 5 ‘‘(A) the blood alcohol concentration limit 6 of the State in which the individual is driving; 7 or 8 ‘‘(B) 0.08 percent. 9 ‘‘(3) IGNITION INTERLOCK DEVICE.—The term 10 ‘ignition interlock device’ means an in-vehicle device 11 that— 12 ‘‘(A) requires a driver to provide a breath 13 sample prior to the motor vehicle starting; and 14 ‘‘(B) prevents a motor vehicle from start- 15 ing if the alcohol concentration of the driver is 16 above the legal limit. 17 ‘‘(4) MOTOR VEHICLE.— 18 ‘‘(A) IN GENERAL.—The term ‘motor vehi- 19 cle’ means a vehicle driven or drawn by me- 20 chanical power and manufactured primarily for 21 use on public highways. 22 ‘‘(B) EXCLUSIONS.—The term ‘motor vehi- 23 cle’ does not include— 24 VerDate Sep 11 2014 00:52 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3011 IH ‘‘(i) a vehicle operated solely on a rail 1 line; or 2 ‘‘(ii) a commercial vehicle. 3 ‘‘(b) LAWS REQUIRING IGNITION INTERLOCK DE- 4 VICES.—A State meets the requirements of this subsection 5 if the State has enacted and is enforcing a law that re- 6 quires throughout the State the installation of an ignition 7 interlock device for a minimum of 180 days on each motor 8 vehicle operated by an individual who is convicted of driv- 9 ing while intoxicated or driving under the influence. 10 ‘‘(c) WITHHOLDING OF FUNDS FOR NONCOMPLI- 11 ANCE.— 12 ‘‘(1) FISCAL YEAR 2022.—On October 1, 2021, 13 the Secretary shall withhold 1 percent of the amount 14 required to be apportioned to a State under each of 15 paragraphs (1) and (2) of section 104(b) if the State 16 does not meet the requirements of subsection (b) of 17 this section. 18 ‘‘(2) FISCAL YEAR 2023.—On October 1, 2022, 19 the Secretary shall withhold 3 percent of the amount 20 required to be apportioned to a State under each of 21 paragraphs (1) and (2) of section 104(b) if the State 22 does not meet the requirements of subsection (b) of 23 this section. 24 VerDate Sep 11 2014 00:52 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3011 IH ‘‘(3) FISCAL YEAR 2024 AND THEREAFTER.—On 1 October 1, 2023, and on October 1 of each fiscal 2 year thereafter, the Secretary shall withhold 5 per- 3 cent of the amount required to be apportioned to a 4 State under each of paragraphs (1) and (2) of sec- 5 tion 104(b) if the State does not meet the require- 6 ments of subsection (b) of this section. 7 ‘‘(d) PERIOD OF AVAILABILITY OF WITHHELD 8 FUNDS; EFFECT OF COMPLIANCE AND NONCOMPLI- 9 ANCE.— 10 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD 11 FUNDS.—Any funds withheld under subsection (c) 12 from apportionment to a State shall remain available 13 for apportionment to the State until the end of the 14 third fiscal year following the fiscal year for which 15 the funds are authorized to be appropriated. 16 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS 17 AFTER COMPLIANCE.—If, before the last day of the 18 period for which funds withheld under subsection (c) 19 from apportionment are to remain available for ap- 20 portionment to a State under paragraph (1), the 21 State meets the requirements of subsection (b), the 22 Secretary shall, on the first day on which the State 23 meets the requirements of subsection (b), apportion 24 to the State the funds withheld under subsection (c) 25 VerDate Sep 11 2014 00:52 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3011 IH that remain available for apportionment to the 1 State. 2 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE- 3 QUENTLY APPORTIONED FUNDS.—Any funds appor- 4 tioned pursuant to paragraph (2)— 5 ‘‘(A) shall remain available for expenditure 6 until the end of the third fiscal year following 7 the fiscal year in which the funds are so appor- 8 tioned; and 9 ‘‘(B) if not apportioned at the end of that 10 period, shall lapse. 11 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 12 end of the period for which funds withheld under 13 subsection (c) from apportionment are available for 14 apportionment to a State under paragraph (1), the 15 State does not meet the requirements of subsection 16 (b), the funds shall lapse.’’. 17 (b) CONFORMING AMENDMENT.—The analysis for 18 chapter 1 of title 23, United States Code, is amended by 19 adding at the end the following: 20 ‘‘171. Use of ignition interlock devices to prevent repeat intoxicated driving.’’. SEC. 5. DEFINITIONS. 21 In this Act, the following definitions apply: 22 (1) ALCOHOL-IMPAIRED DRIVING.—The term 23 ‘‘alcohol-impaired driving’’ means operation of a 24 motor vehicle (as defined in section 30102(a)(6) of 25 VerDate Sep 11 2014 00:52 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3011.IH H3011 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3011 IH title 49, United States Code) by an individual whose 1 blood alcohol content is at or above the legal limit. 2 (2) LEGAL LIMIT.—The term ‘‘legal limit’’ 3 means a blood alcohol concentration of— 4 (A) 0.08 percent or greater (as specified in 5 section 163(a) of title 23, United States Code); 6 or 7 (B) such other percentage limitation as 8 may be established by applicable Federal, State, 9 or local law. 10 Æ VerDate Sep 11 2014 00:52 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3011.IH H3011 pamtmann on DSKBFK8HB2PROD with BILLS