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.

Summary: Sets forth the duties of the Administrator of the National Highway Traffic Safety Administration (NHTSA), including to: (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 such influence; and (3) report annually to Congress on the extent of the problem in each State, including a description of the progress each State has made in addressing such problem.

Authorizes the Secretary of Transportation to transfer to the Administrator increasing percentages of funds otherwise apportioned to a State out of the Highway Trust Fund from any State that does not enact laws to prohibit driving under the influence of an illegal drug. Requires transferred funds to be used to carry out NHTSA duties. Requires the Secretary, if any funds are transferred to the Administrator, to transfer to the Administrator also a calculated amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs.

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.