[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2598 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2598

   To amend title 23, United States Code, to establish requirements 
relating to marijuana-impaired driving, to direct the Administrator of 
      the National Highway Traffic Safety Administration to issue 
   comprehensive guidance on the best practices to prevent marijuana-
               impaired driving, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 1, 2015

  Mr. Polis (for himself and Mr. Perlmutter) 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 requirements 
relating to marijuana-impaired driving, to direct the Administrator of 
      the National Highway Traffic Safety Administration to issue 
   comprehensive guidance on the best practices to prevent marijuana-
               impaired driving, 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 ``Lucid Act of 2015''.

SEC. 2. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY 
              INTOXICATED PERSONS.

    (a) In General.--Section 163 of title 23, United States Code, is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Marijuana-Impaired Driving.--In addition to the other 
requirements of this section, in the case of a State in which the 
possession or use of marijuana is legal under the laws of the State 
with or without medical justification, the State shall be eligible for 
a grant under subsection (b), and shall be exempt from withholding 
under subsection (e), for a fiscal year only if the State--
            ``(1) has in effect a law that prohibits an individual from 
        driving or being in actual physical control of a motor vehicle 
        while impaired by marijuana, as determined using measures 
        established by the State; and
            ``(2) enforces that law using training and methods for 
        determining cognitive or physical marijuana impairment.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to--
            (1) the earlier of--
                    (A) the second fiscal year beginning after the date 
                of enactment of this Act; and
                    (B) the first fiscal year beginning after the 90th 
                day following the date of publication of the report 
                required under section 4(b); and
            (2) each fiscal year thereafter.

SEC. 3. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE 
              INTOXICATED OR DRIVING UNDER THE INFLUENCE.

    (a) In General.--Section 164(a)(2) of title 23, United States Code, 
is amended to read as follows:
            ``(2) Driving while intoxicated; driving under the 
        influence.--The terms `driving while intoxicated' and `driving 
        under the influence' mean--
                    ``(A) driving or being in actual physical control 
                of a motor vehicle while having an alcohol 
                concentration above the permitted limit, as established 
                by each State; and
                    ``(B) in the case of a State in which the 
                possession or use of marijuana is legal under the laws 
                of the State with or without medical justification, 
                driving or being in actual physical control of a motor 
                vehicle while impaired by marijuana as determined using 
                measures established by the State, if the State has 
                implemented such measures.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to fiscal years beginning after the date of enactment of this 
Act.

SEC. 4. EVALUATION OF MEASURES TO TEST FOR MARIJUANA IMPAIRMENT.

    (a) Study.--
            (1) In general.--The Administrator of the National Highway 
        Traffic Safety Administration shall conduct scientific testing 
        to determine--
                    (A) the extent to which marijuana impairs an 
                individual's ability to drive a motor vehicle;
                    (B) how the magnitude of such impairment varies 
                among individuals depending on certain characteristics, 
                including age, sex, body mass index, health status, and 
                history of marijuana use;
                    (C) whether or not it is possible to reliably 
                determine whether and to what extent an individual is 
                cognitively or physically impaired by marijuana solely 
                by measuring the concentration of tetrahydrocannabinol 
                (in this subsection referred to as ``THC'') and 
                derivatives in the individual's bloodstream or saliva;
                    (D) the most accurate methods for law enforcement 
                officers to measure THC concentration in the body of an 
                individual who is suspected of marijuana-impaired 
                driving, including blood testing and oral fluid 
                testing;
                    (E) how the effectiveness of such testing methods 
                is compromised if there is a delay between when an 
                individual is pulled over on suspicion of impaired 
                driving and when the individual is subjected to a 
                physical test to determine the individual's level of 
                impairment; and
                    (F) the most accurate field sobriety tests to 
                determine the level of physical and cognitive 
                impairment of drivers who have ingested marijuana.
            (2) Nature of study.--The testing described in paragraph 
        (1) shall--
                    (A) include--
                            (i) laboratory experimentation that 
                        measures the impact of marijuana on the 
                        physical and cognitive performance areas 
                        involved in driving, such as reaction time, 
                        tracking, motor coordination, visual functions, 
                        divided attention, signal detection, 
                        concentration, and hazard perception; and
                            (ii) experimentation on a driving course or 
                        driving simulator (or both) that measures the 
                        impact of marijuana on driving performance; and
                    (B) be completed not later than 2 years after the 
                date of enactment of this Act.
            (3) Availability of marijuana to nhtsa for research 
        purposes.--Not later than 60 days after receiving a request for 
        research-grade marijuana from the Administrator, the National 
        Institute on Drug Abuse shall make marijuana available to the 
        Administrator in an amount sufficient for the Administrator to 
        carry out the requirements of this subsection. Such marijuana 
        shall be as similar as practicable in THC concentration to 
        marijuana typically sold at marijuana dispensaries in States in 
        which the use of marijuana is legal with or without medical 
        justification.
    (b) Report.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall issue a report 
        that--
                    (A) contains recommendations to States on how to 
                prevent marijuana-impaired driving, including--
                            (i) the most effective measures for 
                        determining marijuana impairment;
                            (ii) the most effective methods for testing 
                        for marijuana impairment at the roadside, 
                        including an analysis of the affordability and 
                        feasibility of such testing for State and local 
                        law enforcement agencies; and
                            (iii) strategies for addressing the dangers 
                        posed by drivers who are impaired 
                        simultaneously by marijuana and other 
                        substances such as alcohol and prescription 
                        opioid medications;
                    (B) incorporates the results of other available 
                cognitive, experimental, and epidemiological studies; 
                and
                    (C) summarizes any findings from the study 
                conducted under subsection (a) that are available at 
                the time of the report.
            (2) Publication.--The Administrator shall--
                    (A) make the report described in paragraph (1) 
                available without cost in an electronic, publicly 
                accessible format;
                    (B) publish updates to the report every 6 months to 
                account for further findings derived from the study 
                conducted under subsection (a) and other relevant 
                cognitive, experimental, and epidemiological research; 
                and
                    (C) make all raw statistical data derived from the 
                study conducted under subsection (a) available in an 
                electronic, publicly accessible format, which shall 
                be--
                            (i) made available without charge, license, 
                        or registration requirement;
                            (ii) capable of being searched and 
                        aggregated;
                            (iii) permitted to be downloaded, including 
                        downloaded in bulk; and
                            (iv) updated every 6 months until the study 
                        is completed and the entirety of the results of 
                        the study has been published.
                                 <all>