I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. DRIVING UNDER THE INFLUENCE OF AN ILLE2 GAL DRUG. 

3 (a) DUTIES.—The Administrator shall—

4 (1) advise and coordinate with other Federal 

5 agencies on how to address the problem of driving 

6 under the influence of an illegal drug; 

7 (2) conduct research on the prevention, detec8 tion, and prosecution of driving under the influence 

9 of an illegal drug; and 

10 (3) transmit to the Congress on an annual basis 

11 a report including—

12 (A) a description of the extent of the prob13 lem of driving under the influence of an illegal 

14 drug in each State and any available informa15 tion relating thereto, including a description of 

16 any laws relating to the problem of driving 

17 under the influence of an illegal drug; 

18 (B) a description of the progress that each 

19 State has made in meeting the requirement of 

20 subsection (c); and 

21 (C) recommendations for addressing the 

22 problem of driving under the influence of an il23 legal drug. 

24 The Administrator shall transmit the first report under 

25 paragraph (3) not later than one year after the date of 

26 enactment of this Act. 
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1 (b) TRANSFER OF FUNDS.—

2 (1) FISCAL YEAR 2007.—On October 1, 2006, if 

3 a State has not met the requirement of subsection 

4 (c), the Secretary shall transfer to the Administrator 

5 1 percent of the funds apportioned to the State on 

6 that date under each of paragraphs (1), (3), and (4) 

7 of section 104(b) of title 23, United States Code. 

8 (2) FISCAL YEAR 2008.—On October 1, 2007, if 

9 a State has not met the requirement of subsection 

10 (c), the Secretary shall transfer to the Administrator 

11 2 percent of the funds apportioned to the State on 

12 that date under each of paragraphs (1), (3), and (4) 

13 of section 104(b) of title 23, United States Code. 

14 (3) FISCAL YEAR 2009.—On October 1, 2008, if 

15 a State has not met the requirement of subsection 

16 (c), the Secretary shall transfer to the Administrator 

17 4 percent of the funds apportioned to the State on 

18 that date under each of paragraphs (1), (3), and (4) 

19 of section 104(b) of title 23, United States Code. 

20 (4) FISCAL YEAR 2010.—On October 1, 2009, if 

21 a State has not met the requirement of subsection 

22 (c), the Secretary shall transfer to the Administrator 

23 8 percent of the funds apportioned to the State on 

24 that date under each of paragraphs (1), (3), and (4) 

25 of section 104(b) of title 23, United States Code. 
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1 (5) FISCAL YEAR 2011.—On October 1, 2010, if 

2 a State has not met the requirement of subsection 

3 (c), the Secretary shall transfer to the Administrator 

4 16 percent of the funds apportioned to the State on 

5 that date under each of paragraphs (1), (3), and (4) 

6 of section 104(b) of title 23, United States Code. 

7 (6) FISCAL YEAR 2012.—On October 1, 2011, if 

8 a State has not met the requirement of subsection 

9 (c), the Secretary shall transfer to the Administrator 

10 32 percent of the funds apportioned to the State on 

11 that date under each of paragraphs (1), (3), and (4) 

12 of section 104(b) of title 23, United States Code. 

13 (7) FISCAL YEARS THEREAFTER.—On October 

14 1, 2012, and each October 1 thereafter, if a State 

15 has not met the requirement of subsection (c), the 

16 Secretary shall transfer to the Administrator 50 per17 cent of the funds apportioned to the State on that 

18 date under each of paragraphs (1), (3), and (4) of 

19 section 104(b) of title 23, United States Code. 

20 (c) REQUIREMENT.—A State meets the requirement 

21 of this subsection if—

22 (1) the State has transmitted to the Adminis23 trator a plan for addressing the problem of driving 

24 under the influence of an illegal drug that includes 

25 enacting a law that—
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1 (A) prohibits an individual from driving 

2 under the influence of an illegal drug; and 

3 (B) includes a mandatory minimum pen4 alty for an individual convicted of driving under 

5 the influence of an illegal drug; 

6 (2) the Administrator has approved the plan 

7 transmitted under paragraph (1); and 

8 (3) the State has enacted and is enforcing the 

9 law included in the plan approved by the Adminis10 trator under paragraph (2). 

11 (d) USE OF TRANSFERRED FUNDS.—Any funds 

12 transferred to the Administrator under subsection (b) 

13 shall be used for the purpose of carrying out the duties 

14 of the National Highway Traffic Safety Administration. 

15 (e) TRANSFER OF OBLIGATION AUTHORITY.—

16 (1) IN GENERAL.—If the Secretary transfers 

17 any funds to the Administrator under subsection (b) 

18 with respect to a State for a fiscal year, the Sec19 retary shall transfer to the Administrator an 

20 amount, determined under paragraph (2), of obliga21 tion authority distributed for the fiscal year to the 

22 State for Federal-aid highways and highway safety 

23 construction programs. 
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1 (2) AMOUNT.—The amount of obligation au2 thority referred to in paragraph (1) shall be deter3 mined by multiplying—

4 (A) the amount of funds transferred under 

5 subsection (b) to the Administrator with respect 

6 to a State for the fiscal year, by 

7 (B) the ratio that—

8 (i) the amount of obligation authority 

9 distributed for the fiscal year to the State 

10 for Federal-aid highways and highway 

11 safety construction programs, bears to 

12 (ii) the total of the sums apportioned 

13 to the State for Federal-aid highways and 

14 highway safety construction programs (ex15 cluding sums not subject to any obligation 

16 limitation) for the fiscal year. 

17 SEC. 2. DEFINITIONS. 

18 For purposes of this Act—

19 (1) the term ‘‘Administrator’’ means the Ad20 ministrator of the National Highway Traffic Safety 

21 Administration; and 

22 (2) the term ‘‘Secretary’’ means the Secretary 

23 of Transportation.

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