[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1665 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1665

 To amend title 23, United States Code, to withhold highway funds from 
 States that do not have in effect laws requiring the use of ignition 
interlock devices to prevent repeat intoxicated driving, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2013

  Mr. Engel introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 23, United States Code, to withhold highway funds from 
 States that do not have in effect laws requiring the use of ignition 
interlock devices to prevent repeat intoxicated driving, and for other 
                               purposes.

    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 2013''.

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 inserting after section 159 the following:
``Sec. 160. 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.--
            ``(1) In general.--Subject to paragraph (2), 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.
            ``(2) Exception.--The 180-day period referred to in 
        paragraph (1) for the installation of an ignition interlock 
        device may be reduced to period of not fewer than 90 days, if--
                    ``(A) the driver's licence of the individual is 
                suspended for a minimum of 180 days as a result of the 
                conviction; and
                    ``(B) the period for the installation of an 
                ignition interlock device begins after the last day of 
                the suspension.
    ``(c) Withholding of Funds for Noncompliance.--
            ``(1) Fiscal year 2016.--On October 1, 2015, the Secretary 
        shall withhold 1 percent of the amount required to be 
        apportioned to a State under each of paragraphs (1) and (2) of 
        section 104(b) if the State does not meet the requirements of 
        subsection (b).
            ``(2) Fiscal year 2017.--On October 1, 2016, the Secretary 
        shall withhold 3 percent of the amount required to be 
        apportioned to a State under each of paragraphs (1) and (2) of 
        section 104(b) if the State does not meet the requirements of 
        subsection (b).
            ``(3) Fiscal year 2018 and thereafter.--On October 1, 2017, 
        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 paragraphs (1) and (2) of 
        section 104(b) 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 such chapter is amended 
by inserting after the item relating to section 159 the following:

``Sec. 160. Use of ignition interlock devices to prevent repeat 
                            intoxicated driving.''.
                                 <all>