II 

111TH CONGRESS 

1ST SESSION S. 2920 

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 

DECEMBER 21 (legislative day, DECEMBER 20), 2009 

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 2009’’. 


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•S 2920 IS

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 ‘‘§ 167. 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 an alcohol concentra18 tion above the permitted limit as established by the 

19 State. 

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

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

22 that requires a driver to provide a breath sample 

23 prior to the motor vehicle starting, and that prevents 

24 a motor vehicle from starting if the alcohol con25 centration of the driver is above the legal limit. 

26 ‘‘(4) MOTOR VEHICLE.— 


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•S 2920 IS

1 ‘‘(A) IN GENERAL.—The term ‘motor vehi2 cle’ means a vehicle driven or drawn by me3 chanical power and manufactured primarily for 

4 use on public highways. 

5 ‘‘(B) EXCLUSIONS.—The term ‘motor vehi6 cle’ does not include— 

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

8 line; or 

9 ‘‘(ii) a commercial vehicle. 

10 ‘‘(b) LAWS REQUIRING IGNITION INTERLOCK DE11 VICES.—A State meets the requirements of this subsection 

12 if the State has enacted and is enforcing a law that re13 quires throughout the State the installation of an ignition 

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

15 vehicle operated by an individual who is convicted of driv16 ing while intoxicated or driving under the influence. 

17 ‘‘(c) WITHHOLDING OF FUNDS FOR NONCOMPLI18 ANCE.— 

19 ‘‘(1) FISCAL YEAR 2013.—On October 1, 2012, 

20 the Secretary shall withhold 1 percent of the amount 

21 required to be apportioned to a State under each of 

22 sections 104(b)(1), 104(b)(3), and 104(b)(4) if the 

23 State does not meet the requirements of subsection 

24 (b). 


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•S 2920 IS

1 ‘‘(2) FISCAL YEAR 2014.—On October 1, 2013, 

2 the Secretary shall withhold 3 percent of the amount 

3 required to be apportioned to a State under each of 

4 sections 104(b)(1), 104(b)(3), and 104(b)(4) if the 

5 State does not meet the requirements of subsection 

6 (b). 

7 ‘‘(3) FISCAL YEAR 2015 AND THEREAFTER.—On 

8 October 1, 2014, and on October 1 of each fiscal 

9 year thereafter, the Secretary shall withhold 5 per10 cent of the amount required to be apportioned to a 

11 State under each of sections 104(b)(1), 104(b)(3), 

12 and 104(b)(4) if the State does not meet the re13 quirements of subsection (b). 

14 ‘‘(d) PERIOD OF AVAILABILITY OF WITHHELD

15 FUNDS; EFFECT OF COMPLIANCE AND NONCOMPLI16 ANCE.— 

17 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

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

19 from apportionment to a State shall remain available 

20 for apportionment to the State until the end of the 

21 third fiscal year following the fiscal year for which 

22 the funds are authorized to be appropriated. 

23 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

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

25 period for which funds withheld under subsection (c) 


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•S 2920 IS

1 from apportionment are to remain available for ap2 portionment to a State under paragraph (1), the 

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

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

5 meets the requirements of subsection (b), apportion 

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

7 that remain available for apportionment to the 

8 State. 

9 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE10 QUENTLY APPORTIONED FUNDS.—Any funds appor11 tioned pursuant to paragraph (2)— 

12 ‘‘(A) shall remain available for expenditure 

13 until the end of the third fiscal year following 

14 the fiscal year in which the funds are so appor15 tioned; and 

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

17 period, shall lapse. 

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

19 end of the period for which funds withheld under 

20 subsection (c) from apportionment are available for 

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

22 State does not meet the requirements of subsection 

23 (b), the funds shall lapse.’’. 


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•S 2920 IS

1 (b) CONFORMING AMENDMENT.—The analysis for 

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

3 adding at the end the following: 

‘‘Sec. 167. Use of ignition interlock devices to prevent repeat intoxicated driving.’’. 

Æ 


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