I 
112TH CONGRESS 
1ST SESSION H. R. 2129 
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 HOUSE OF REPRESENTATIVES 
JUNE 3, 2011 
Mr. ENGEL introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
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. 
Be it enacted by the Senate and House of Representa-
tives 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 2011’’. 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2129.IH
H2129
emcdonald on DSK2BSOYB1PROD with BILLS
SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PRE-
VENT REPEAT INTOXICATED DRIVING. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 167. Use of ignition interlock devices to prevent re-
peat 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 con-
centration 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 con-
centration of the driver is above the legal limit. 
‘‘(4) MOTOR VEHICLE.— 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2129.IH
H2129
emcdonald on DSK2BSOYB1PROD with BILLS
‘‘(A) IN GENERAL.—The term ‘motor vehi-
cle’ means a vehicle driven or drawn by me-
chanical power and manufactured primarily for 
use on public highways. 
‘‘(B) EXCLUSIONS.—The term ‘motor vehi-
cle’ does not include— 
‘‘(i) a vehicle operated solely on a rail 
line; or 
‘‘(ii) a commercial vehicle. 
‘‘(b) LAWS REQUIRING IGNITION INTERLOCK DE-
VICES.—A State meets the requirements of this subsection 
if the State has enacted and is enforcing a law that re-
quires 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 driv-
ing while intoxicated or driving under the influence. 
‘‘(c) WITHHOLDING
OF FUNDS
FOR NONCOMPLI-
ANCE.— 
‘‘(1) FISCAL YEAR 2014.—On October 1, 2013, 
the Secretary shall withhold 1 percent of the amount 
required to be apportioned to a State under each of 
sections 104(b)(1), 104(b)(3), and 104(b)(4) if the 
State does not meet the requirements of subsection 
(b). 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2129.IH
H2129
emcdonald on DSK2BSOYB1PROD with BILLS
‘‘(2) FISCAL YEAR 2015.—On October 1, 2014, 
the Secretary shall withhold 3 percent of the amount 
required to be apportioned to a State under each of 
sections 104(b)(1), 104(b)(3), and 104(b)(4) if the 
State does not meet the requirements of subsection 
(b). 
‘‘(3) FISCAL YEAR 2016 AND THEREAFTER.—On 
October 1, 2015, 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 
State under each of sections 104(b)(1), 104(b)(3), 
and 104(b)(4) if the State does not meet the re-
quirements of subsection (b). 
‘‘(d) PERIOD
OF
AVAILABILITY
OF
WITHHELD 
FUNDS; EFFECT
OF COMPLIANCE
AND NONCOMPLI-
ANCE.— 
‘‘(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) 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2129.IH
H2129
emcdonald on DSK2BSOYB1PROD with BILLS
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 (c) 
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 (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.’’. 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2129.IH
H2129
emcdonald on DSK2BSOYB1PROD with BILLS
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 1 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘Sec. 167. Use of ignition interlock devices to prevent repeat intoxicated driv-
ing.’’. 
Æ 
VerDate Mar 15 2010 
22:58 Jun 09, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H2129.IH
H2129
emcdonald on DSK2BSOYB1PROD with BILLS