II 

113TH CONGRESS 

1ST SESSION S. 979 

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 

MAY 16, 2013 

Mr. LAUTENBERG (for himself and Mr. UDALL of New Mexico) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drunk Driving Repeat 

5 Offender Prevention Act of 2013’’. 


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1 SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PRE2 VENT REPEAT INTOXICATED DRIVING. 

3 (a) IN GENERAL.—Chapter 1 of title 23, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 171. Use of ignition interlock devices to prevent re7 peat intoxicated driving 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ALCOHOL CONCENTRATION.—The term 

10 ‘alcohol concentration’ means grams of alcohol per 

11 100 milliliters of blood or grams of alcohol per 210 

12 liters of breath. 

13 ‘‘(2) DRIVING WHILE INTOXICATED; DRIVING

14 UNDER THE INFLUENCE.—The terms ‘driving while 

15 intoxicated’ and ‘driving under the influence’ mean 

16 driving or being in actual physical control of a motor 

17 vehicle in a State while having a blood alcohol con18 centration that is greater than or equal to the lesser 

19 of— 

20 ‘‘(A) the blood alcohol concentration limit 

21 of the State in which the individual is driving; 

22 and 

23 ‘‘(B) 0.08 percent. 

24 ‘‘(3) IGNITION INTERLOCK DEVICE.—The term 

25 ‘ignition interlock device’ means an in-vehicle device 

26 that— 


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1 ‘‘(A) requires a driver to provide a breath 

2 sample prior to the motor vehicle starting; and 

3 ‘‘(B) prevents a motor vehicle from start4 ing if the alcohol concentration of the driver is 

5 above the legal limit. 

6 ‘‘(4) MOTOR VEHICLE.— 

7 ‘‘(A) IN GENERAL.—The term ‘motor vehi8 cle’ means a vehicle driven or drawn by me9 chanical power and manufactured primarily for 

10 use on public highways. 

11 ‘‘(B) EXCLUSIONS.—The term ‘motor vehi12 cle’ does not include— 

13 ‘‘(i) a vehicle operated solely on a rail 

14 line; or 

15 ‘‘(ii) a commercial vehicle. 

16 ‘‘(b) LAWS REQUIRING IGNITION INTERLOCK DE17 VICES.—A State meets the requirements of this subsection 

18 if the State has enacted and is enforcing a law that re19 quires throughout the State the installation of an ignition 

20 interlock device for a minimum of 180 days on each motor 

21 vehicle operated by an individual who is convicted of driv22 ing while intoxicated or driving under the influence. 

23 ‘‘(c) WITHHOLDING OF FUNDS FOR NONCOMPLI24 ANCE.— 


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1 ‘‘(1) FISCAL YEAR 2015.—On October 1, 2014, 

2 the Secretary shall withhold 1 percent of the amount 

3 required to be apportioned to a State under each of 

4 paragraphs (1) and (2) of section 104(b) if the State 

5 does not meet the requirements of subsection (b). 

6 ‘‘(2) FISCAL YEAR 2016.—On October 1, 2015, 

7 the Secretary shall withhold 3 percent of the amount 

8 required to be apportioned to a State under each of 

9 paragraphs (1) and (2) of section 104(b) if the State 

10 does not meet the requirements of subsection (b). 

11 ‘‘(3) FISCAL YEAR 2017 AND THEREAFTER.—On 

12 October 1, 2016, and on October 1 of each fiscal 

13 year thereafter, the Secretary shall withhold 5 per14 cent of the amount required to be apportioned to a 

15 State under each of paragraphs (1) and (2) of sec16 tion 104(b) if the State does not meet the require17 ments of subsection (b). 

18 ‘‘(d) PERIOD OF AVAILABILITY OF WITHHELD

19 FUNDS; EFFECT OF COMPLIANCE AND NONCOMPLI20 ANCE.— 

21 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

22 FUNDS.—Any funds withheld under subsection (c) 

23 from apportionment to a State shall remain available 

24 for apportionment to the State until the end of the 


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1 third fiscal year following the fiscal year for which 

2 the funds are authorized to be appropriated. 

3 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

4 AFTER COMPLIANCE.—If, before the last day of the 

5 period for which funds withheld under subsection (c) 

6 from apportionment are to remain available for ap7 portionment to a State under paragraph (1), the 

8 State meets the requirements of subsection (b), the 

9 Secretary shall, on the first day on which the State 

10 meets the requirements of subsection (b), apportion 

11 to the State the funds withheld under subsection (c) 

12 that remain available for apportionment to the 

13 State. 

14 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE15 QUENTLY APPORTIONED FUNDS.—Any funds appor16 tioned pursuant to paragraph (2)— 

17 ‘‘(A) shall remain available for expenditure 

18 until the end of the third fiscal year following 

19 the fiscal year in which the funds are so appor20 tioned; and 

21 ‘‘(B) if not apportioned at the end of that 

22 period, shall lapse. 

23 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 

24 end of the period for which funds withheld under 

25 subsection (c) from apportionment are available for 


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1 apportionment to a State under paragraph (1), the 

2 State does not meet the requirements of subsection 

3 (b), the funds shall lapse.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 chapter 1 of title 23, United States Code, is amended by 

6 adding at the end the following: 

‘‘171. Use of ignition interlock devices to prevent repeat intoxicated driving.’’. 

Æ 


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