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.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drunk Driving Repeat Offender 
Prevention Act of 2009''.

SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED 
              DRIVING.

    (a) In General.--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 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 an alcohol 
        concentration above the permitted limit as established by the 
        State.
            ``(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 concentration of the driver is above the legal 
        limit.
            ``(4) Motor vehicle.--
                    ``(A) In general.--The term `motor vehicle' means a 
                vehicle driven or drawn by mechanical power and 
                manufactured primarily for use on public highways.
                    ``(B) Exclusions.--The term `motor vehicle' does 
                not include--
                            ``(i) a vehicle operated solely on a rail 
                        line; or
                            ``(ii) a commercial vehicle.
    ``(b) Laws Requiring Ignition Interlock Devices.--A State meets the 
requirements of this subsection if the State has enacted and is 
enforcing a law that requires 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 driving while 
intoxicated or driving under the influence.
    ``(c) Withholding of Funds for Noncompliance.--
            ``(1) Fiscal year 2013.--On October 1, 2012, 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).
            ``(2) Fiscal year 2014.--On October 1, 2013, 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 2015 and thereafter.--On October 1, 2014, 
        and on October 1 of each fiscal year thereafter, the Secretary 
        shall withhold 5 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).
    ``(d) Period of Availability of Withheld Funds; Effect of 
Compliance and Noncompliance.--
            ``(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) from apportionment are to remain available 
        for apportionment 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 subsequently apportioned 
        funds.--Any funds apportioned 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 apportioned; 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.''.
    (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 driving.''.

Summary: Drunk Driving Repeat Offender Prevention Act of 2009 - Directs the Secretary of Transportation to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2013-FY2015 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence.