SEC. 2. SANCTIONS FOR INDIVIDUALS DRIVING WITH 
CHILD PASSENGERS WHILE INTOXICATED OR 
IMPAIRED. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 171. Sanctions for individuals driving with child 
passengers while intoxicated or impaired 
‘‘(a) WITHHOLDING
OF FUNDS
FOR NONCOMPLI-
ANCE.— 
‘‘(1) FISCAL YEAR 2020.—On October 1, 2019, 
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) on 
that date. 
‘‘(2) FISCAL YEAR 2021.—On October 1, 2020, 
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) on 
that date. 
‘‘(3) FISCAL YEAR 2022 AND THEREAFTER.—On 
October 1, 2021, and on October 1 of each fiscal 
year thereafter, the Secretary shall withhold 5 per-
cent of the amount required to be apportioned to a 
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State under each of paragraphs (1) and (2) of sec-
tion 104(b) if the State does not meet the require-
ments of subsection (b) on that date. 
‘‘(b) SANCTIONS.— 
‘‘(1) IN GENERAL.—A State meets the require-
ments of this subsection if the State has enacted 
and is enforcing the following laws with respect to 
an individual who is charged with an offense of driv-
ing a motor vehicle, with a child passenger in the ve-
hicle, while intoxicated or while impaired by alcohol, 
drugs, or a combination of substances: 
‘‘(A) A law that provides that the indi-
vidual may be charged with a felony subject to 
imprisonment for up to 4 years in connection 
with the offense. 
‘‘(B) A law that requires the individual, if 
convicted of the offense, to install and maintain 
for at least 6 months an ignition interlock sys-
tem on any motor vehicle owned or operated by 
the individual. 
‘‘(C) A law that suspends the State driv-
er’s license of the individual during the period 
of prosecution of the offense, except that the 
law may allow the individual— 
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‘‘(i) to operate a motor vehicle during 
that period, if the individual, prior to oper-
ating the vehicle, installs and maintains an 
ignition interlock system on the vehicle; 
and 
‘‘(ii) to credit toward the 6-month pe-
riod referred to in subparagraph (B) any 
days during which the individual installs 
and maintains an ignition interlock system 
on a motor vehicle pursuant to clause (i). 
‘‘(D) A law that— 
‘‘(i) requires the individual, if con-
victed of the offense, to undergo an alcohol 
abuse, substance abuse, or mental health 
assessment; and 
‘‘(ii) if the assessment indicates a 
need for treatment, authorizes the appro-
priate court (or monitoring agency) to re-
quire the individual to undergo treatment 
as part of the individual’s sentence in con-
nection with the conviction or as a condi-
tion for reissuance of a State driver’s li-
cense to the individual. 
‘‘(E) A law that requires, if the individual 
is convicted of the offense and is the parent, 
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guardian, or custodian of the child passenger or 
is otherwise legally responsible for the child 
passenger, the law enforcement agency that 
charges the individual with the offense or the 
appropriate court to file with the appropriate 
State register of child abuse a report on the in-
dividual concerning the offense. 
‘‘(2) EXCEPTIONS.—The Secretary may treat a 
State that has enacted and is enforcing the laws de-
scribed in paragraph (1) as meeting the require-
ments of this subsection without regard to whether 
any of those laws waives the application of a sanc-
tion with respect to an individual who— 
‘‘(A) is a sibling of the child passenger; or 
‘‘(B) is under 21 years of age and is not 
a guardian of the child passenger. 
‘‘(c) PERIOD
OF
AVAILABILITY
OF
WITHHELD 
FUNDS; EFFECT
OF COMPLIANCE
AND NONCOMPLI-
ANCE.— 
‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD 
FUNDS.—Any funds withheld under subsection (a) 
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. 
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‘‘(2) APPORTIONMENT
OF
WITHHELD
FUNDS 
AFTER COMPLIANCE.—If, before the last day of the 
period for which funds withheld under subsection (a) 
from apportionment are to remain available for ap-
portionment 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 (a) 
that remain available for apportionment to the 
State. 
‘‘(3) PERIOD
OF
AVAILABILITY
OF
SUBSE-
QUENTLY APPORTIONED FUNDS.—Any funds appor-
tioned 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 appor-
tioned; 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 (a) from apportionment are available for 
apportionment to a State under paragraph (1), the 
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State does not meet the requirements of subsection 
(b), the funds shall lapse. 
‘‘(d) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(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) CHILD.—The term ‘child’ means an indi-
vidual younger than 16 years of age. 
‘‘(3) DRIVING WHILE INTOXICATED.—The term 
‘driving while intoxicated’ means driving or being in 
actual physical control of a motor vehicle in a State 
while having a blood alcohol concentration or breath 
alcohol concentration of .08 or greater. 
‘‘(4) IGNITION INTERLOCK SYSTEM.—The term 
‘ignition interlock system’ means a system that— 
‘‘(A) is designed to prevent an individual 
from starting a motor vehicle when the individ-
ual’s breath alcohol concentration is at or above 
a preset level; 
‘‘(B) has a camera technology to verify the 
user of the system; and 
‘‘(C) is certified by the State concerned. 
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‘‘(5) MOTOR VEHICLE.—The term ‘motor vehi-
cle’ means a vehicle driven or drawn by mechanical 
power and manufactured primarily for use on public 
highways, except that the term does not include a 
vehicle operated solely on a rail line or a commercial 
vehicle. 
‘‘(6) STATE
DRIVER’S
LICENSE.—The term 
‘State driver’s license’ means a license issued by a 
State authorizing an individual to operate a motor 
vehicle on public highways. 
‘‘(e) EDUCATION.—The Administrator of the Na-
tional Highway Traffic Safety Administration, using exist-
ing funds, shall carry out programs and activities to edu-
cate States on the impact of child endangerment penalties 
for individuals who drive a motor vehicle, with a child pas-
senger in the vehicle, while intoxicated or while impaired 
by alcohol, drugs, or a combination of substances.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by add-
ing at the end the following: 
‘‘171. Sanctions for individuals driving with child passengers while intoxicated 
or impaired.’’. 
Æ 
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