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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