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 percent-
age 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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Energy and Commerce, for a period to be subsequently deter-
mined 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 apportion-
ments 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DRIVING UNDER THE INFLUENCE OF AN ILLE-
GAL 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, detec-
tion, 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 prob-
lem of driving under the influence of an illegal 
drug in each State and any available informa-
tion 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 il-
legal drug. 
The Administrator shall transmit the first report under 
paragraph (3) not later than one year after the date of 
enactment of this Act.
(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 per-
cent 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 Adminis-
trator 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 pen-
alty 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 Adminis-
trator 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 Sec-
retary shall transfer to the Administrator an 
amount, determined under paragraph (2), of obliga-
tion authority distributed for the fiscal year to the 
State for Federal-aid highways and highway safety 
construction programs.
(2) AMOUNT.—The amount of obligation au-
thority referred to in paragraph (1) shall be deter-
mined 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 (ex-
cluding 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 Ad-
ministrator of the National Highway Traffic Safety 
Administration; and 
(2) the term ‘‘Secretary’’ means the Secretary 
of Transportation.
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