Title: Prevent Impaired Driving Child Endangerment Act
Policy area: Transportation and Public Works

Summary:
Prevent Impaired Driving Child Endangerment Act
This bill directs the Department of Transportation to withhold from states allocations of transportation funding unless such states enact and enforce certain laws with respect to an individual who is charged with driving a motor vehicle, with a child passenger, while intoxicated or impaired by alcohol, drugs, or a combination of substances.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7099 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 7099

To amend title 23, United States Code, to establish national standards 
relating to sanctions for individuals who drive a motor vehicle, with a 
child passenger in the vehicle, while intoxicated or impaired, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 26, 2018

Miss Rice of New York introduced the following bill; which was referred 
         to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, to establish national standards 
relating to sanctions for individuals who drive a motor vehicle, with a 
child passenger in the vehicle, while intoxicated or impaired, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevent Impaired Driving Child 
Endangerment Act''.

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 following:
``Sec. 171. Sanctions for individuals driving with child passengers 
              while intoxicated or impaired
    ``(a) Withholding of Funds for Noncompliance.--
            ``(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 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.
    ``(b) Sanctions.--
            ``(1) In general.--A State meets the requirements 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 driving a motor vehicle, with a child 
        passenger in the vehicle, while intoxicated or while impaired 
        by alcohol, drugs, or a combination of substances:
                    ``(A) A law that provides that the individual 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 system on any 
                motor vehicle owned or operated by the individual.
                    ``(C) A law that suspends the State driver's 
                license of the individual during the period of 
                prosecution of the offense, except that the law may 
                allow the individual--
                            ``(i) to operate a motor vehicle during 
                        that period, if the individual, prior to 
                        operating the vehicle, installs and maintains 
                        an ignition interlock system on the vehicle; 
                        and
                            ``(ii) to credit toward the 6-month period 
                        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 convicted 
                        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 appropriate court 
                        (or monitoring agency) to require the 
                        individual to undergo treatment as part of the 
                        individual's sentence in connection with the 
                        conviction or as a condition for reissuance of 
                        a State driver's license to the individual.
                    ``(E) A law that requires, if the individual is 
                convicted of the offense and is the parent, 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 individual concerning the offense.
            ``(2) Exceptions.--The Secretary may treat a State that has 
        enacted and is enforcing the laws described in paragraph (1) as 
        meeting the requirements of this subsection without regard to 
        whether any of those laws waives the application of a sanction 
        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 Noncompliance.--
            ``(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.
            ``(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 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 (a) 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 (a) 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.
    ``(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 individual 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 individual'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.
            ``(5) Motor vehicle.--The term `motor vehicle' 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 National Highway Traffic 
Safety Administration, using existing funds, shall carry out programs 
and activities to educate States on the impact of child endangerment 
penalties for individuals who drive a motor vehicle, with a child 
passenger in the vehicle, while intoxicated or while impaired by 
alcohol, drugs, or a combination of substances.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

``171. Sanctions for individuals driving with child passengers while 
                            intoxicated or impaired.''.
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