[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3907 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 3907

    To authorize the Secretary of Transportation to transfer to the 
 Administrator of the National Highway Traffic Safety Administration a 
 certain percentage of apportionments of funds made available from the 
   Highway Trust Fund from States that do not enact laws to prohibit 
driving under the influence of an illegal drug, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2004

  Mr. Porter introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of Transportation to transfer to the 
 Administrator of the National Highway Traffic Safety Administration a 
 certain percentage of apportionments of funds made available from the 
   Highway Trust Fund from States that do not enact laws to prohibit 
driving under the influence of an illegal drug, 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. DRIVING UNDER THE INFLUENCE OF AN ILLEGAL DRUG.

    (a) Duties.--The Administrator shall--
            (1) advise and coordinate with other Federal agencies on 
        how to address the problem of driving under the influence of an 
        illegal drug;
            (2) conduct research on the prevention, detection, and 
        prosecution of driving under the influence of an illegal drug; 
        and
            (3) transmit to the Congress on an annual basis a report 
        including--
                    (A) a description of the extent of the problem of 
                driving under the influence of an illegal drug in each 
                State and any available information relating thereto, 
                including a description of any laws relating to the 
                problem of driving under the influence of an illegal 
                drug;
                    (B) a description of the progress that each State 
                has made in meeting the requirement of subsection (c); 
                and
                    (C) recommendations for addressing the problem of 
                driving under the influence of an illegal drug.
The Administrator shall transmit the first report under paragraph (3) 
not later than one year after the date of enactment of this Act.
    (b) Transfer of Funds.--
            (1) Fiscal year 2007.--On October 1, 2006, if a State has 
        not met the requirement of subsection (c), the Secretary shall 
        transfer to the Administrator 1 percent of the funds 
        apportioned to the State on that date under each of paragraphs 
        (1), (3), and (4) of section 104(b) of title 23, United States 
        Code.
            (2) Fiscal year 2008.--On October 1, 2007, if a State has 
        not met the requirement of subsection (c), the Secretary shall 
        transfer to the Administrator 2 percent of the funds 
        apportioned to the State on that date under each of paragraphs 
        (1), (3), and (4) of section 104(b) of title 23, United States 
        Code.
            (3) Fiscal year 2009.--On October 1, 2008, if a State has 
        not met the requirement of subsection (c), the Secretary shall 
        transfer to the Administrator 4 percent of the funds 
        apportioned to the State on that date under each of paragraphs 
        (1), (3), and (4) of section 104(b) of title 23, United States 
        Code.
            (4) Fiscal year 2010.--On October 1, 2009, if a State has 
        not met the requirement of subsection (c), the Secretary shall 
        transfer to the Administrator 8 percent of the funds 
        apportioned to the State on that date under each of paragraphs 
        (1), (3), and (4) of section 104(b) of title 23, United States 
        Code.
            (5) Fiscal year 2011.--On October 1, 2010, if a State has 
        not met the requirement of subsection (c), the Secretary shall 
        transfer to the Administrator 16 percent of the funds 
        apportioned to the State on that date under each of paragraphs 
        (1), (3), and (4) of section 104(b) of title 23, United States 
        Code.
            (6) Fiscal year 2012.--On October 1, 2011, if a State has 
        not met the requirement of subsection (c), the Secretary shall 
        transfer to the Administrator 32 percent of the funds 
        apportioned to the State on that date under each of paragraphs 
        (1), (3), and (4) of section 104(b) of title 23, United States 
        Code.
            (7) Fiscal years thereafter.--On October 1, 2012, and each 
        October 1 thereafter, if a State has not met the requirement of 
        subsection (c), the Secretary shall transfer to the 
        Administrator 50 percent of the funds apportioned to the State 
        on that date under each of paragraphs (1), (3), and (4) of 
        section 104(b) of title 23, United States Code.
    (c) Requirement.--A State meets the requirement of this subsection 
if--
            (1) the State has transmitted to the Administrator a plan 
        for addressing the problem of driving under the influence of an 
        illegal drug that includes enacting a law that--
                    (A) prohibits an individual from driving under the 
                influence of an illegal drug; and
                    (B) includes a mandatory minimum penalty for an 
                individual convicted of driving under the influence of 
                an illegal drug;
            (2) the Administrator has approved the plan transmitted 
        under paragraph (1); and
            (3) the State has enacted and is enforcing the law included 
        in the plan approved by the Administrator under paragraph (2).
    (d) Use of Transferred Funds.--Any funds transferred to the 
Administrator under subsection (b) shall be used for the purpose of 
carrying out the duties of the National Highway Traffic Safety 
Administration.
    (e) Transfer of Obligation Authority.--
            (1) In general.--If the Secretary transfers any funds to 
        the Administrator under subsection (b) with respect to a State 
        for a fiscal year, the Secretary shall transfer to the 
        Administrator an amount, determined under paragraph (2), of 
        obligation authority distributed for the fiscal year to the 
        State for Federal-aid highways and highway safety construction 
        programs.
            (2) Amount.--The amount of obligation authority referred to 
        in paragraph (1) shall be determined by multiplying--
                    (A) the amount of funds transferred under 
                subsection (b) to the Administrator with respect to a 
                State for the fiscal year, by
                    (B) the ratio that--
                            (i) the amount of obligation authority 
                        distributed for the fiscal year to the State 
                        for Federal-aid highways and highway safety 
                        construction programs, bears to
                            (ii) the total of the sums apportioned to 
                        the State for Federal-aid highways and highway 
                        safety construction programs (excluding sums 
                        not subject to any obligation limitation) for 
                        the fiscal year.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Highway Traffic Safety Administration; and
            (2) the term ``Secretary'' means the Secretary of 
        Transportation.
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