(4) to enhance the training of traffic safety offi-
cers and prosecutors to detect, enforce, and pros-
ecute drug impaired driving laws. 
SEC. 4. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) 
CONTROLLED
SUBSTANCE.—The 
term 
‘‘controlled substance’’ includes substances listed in 
schedules I through V of section 112(e) of the Con-
trolled Substances Act (21 U.S.C. 812(e)). 
(2) INHALANT.—The term ‘‘inhalant’’ means a 
household or commercial product that can be used 
by inhaling for intoxicating effect. 
(3) DRUG
RECOGNITION
EXPERT.—The term 
‘‘drug recognition expert’’ means an individual 
trained in a specific evaluation procedure that en-
ables the person to determine whether an individual 
is under the influence of drugs and then to deter-
mine the type of drug causing the observable impair-
ment. 
SEC. 5. MODEL STATUTE. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Secretary shall develop 
and provide to the States a model statute relating to drug 
impaired driving which incorporates the provisions de-
scribed in this Act.
(b) MANDATORY PROVISIONS.—Provisions of the 
model statute developed by the Secretary for recommenda-
tion to the States under this section shall include, at a 
minimum, a provision that the crime of drug impaired 
driving is committed when a person operates a motor vehi-
cle— 
(1) while any detectable amount of a controlled 
substance is present in the person’s body, as meas-
ured in the person’s blood, urine, saliva, or other 
bodily substance; or 
(2) due to the presence of a controlled sub-
stance or a controlled substance in combination with 
alcohol or an inhalant, or both, in the person’s body, 
the person’s mental or physical faculties are affected 
to a noticeable or perceptible degree. 
(c) DISCRETIONARY PROVISIONS.—Provisions of the 
model statute developed by the Secretary for recommenda-
tion to the States under this section may include the fol-
lowing: 
(1) Sanctions for refusing to submit to a test 
for the presence of a controlled substance in a per-
son’s body which are equivalent to sanctions for a 
positive test result. 
(2) Lawful use of any controlled substance list-
ed in schedule II, III, IV, or V of section 112(c) of
the Controlled Substances Act (21 U.S.C. 812(c)) 
that was lawfully prescribed by a physician licensed 
under State law is an affirmative defense to a 
charge of drug impaired driving; except that the af-
firmative defense shall not be available if it is shown 
that the person’s mental or physical faculties were 
impaired by such use to a noticeable or perceptible 
degree. 
(3) A graduated system of penalties for repeat 
offenses of drug impaired driving, including, at a 
minimum, that a third or subsequent offense within 
a 10-year period shall be a felony punishable by im-
prisonment for more than a year. 
(4) Authorization for States to suspend or re-
voke the license of any driver upon receiving a 
record of the driver’s conviction of driving a motor 
vehicle while under the influence of a controlled sub-
stance. 
(5) Provisions that require a sentence of impris-
onment imposed for any drug impaired driving of-
fense be served consecutively, not concurrently, from 
a sentence imposed for any other criminal act; ex-
cept that a sentence imposed for the same act of im-
paired driving may be imposed concurrently if the
additional conviction was based on an alternate the-
ory of culpability for the same act. 
(6) An appropriate system of evaluation, coun-
seling, treatment (if required), and supervision for 
persons convicted of drug impaired driving. 
SEC. 6. RESEARCH AND DEVELOPMENT. 
Section 403(b) of title 23, United States Code, is 
amended by adding at the end the following: 
‘‘(5) New technology to detect drug use. 
‘‘(6) Research and development to improve test-
ing technology, including toxicology lab resources 
and field test mechanisms to enable States to proc-
ess toxicology evidence in a more timely manner. 
‘‘(7) Determining per se impairment levels for 
controlled substances and the compound effects of 
alcohol and controlled substances on impairment to 
facilitate enforcement of per se drug impaired driv-
ing laws. Research under this paragraph shall be 
carried out in collaboration with the National Insti-
tute on Drug Abuse of the National Institutes of 
Health.’’. 
SEC. 7. GOALS FOR TRAINING. 
Section 403 of title 23, United States Code, is 
amended by adding at the end the following:
‘‘(g) TRAINING GOALS.—For the purpose of enhanc-
ing the States’ ability to detect, enforce, and prosecute 
drug impaired driving laws, the Secretary shall— 
‘‘(1) establish and carry out programs to en-
hance police and prosecutor training efforts for en-
forcement of laws relating to drug impaired driving 
and for development of programs to improve en-
forcement of such laws; and 
‘‘(2) ensure that drug impaired driving enforce-
ment training or drug recognition expert programs, 
or both, exist in all 50 States and the District of Co-
lumbia by December 31, 2006.’’. 
SEC. 8. DUTIES. 
The Administrator of the National Highway Traffic 
Safety Administration shall— 
(1) advise and coordinate with other Federal 
agencies on how to address the problem of driving 
under the influence of an illegal drug; and 
(2) conduct research on the prevention, detec-
tion, and prosecution of driving under the influence 
of an illegal drug. 
SEC. 9. REPORTS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of enactment of this Act and annually thereafter, 
the Secretary shall transmit to Congress a report on the
progress being made in carrying out this Act, including 
the amendments made by this Act. 
(b) CONTENTS.—The Secretary shall include in the 
report an assessment of the status of drug impaired driv-
ing laws in the United States— 
(1) new research and technologies in the area 
of drug impaired driving enforcement; 
(2) 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; and 
(3) recommendations for addressing the prob-
lem of driving under the influence of an illegal drug. 
SEC. 10. FUNDING. 
Out of amounts appropriated to carry out section 403 
of title 23, United States Code, for fiscal years 2004 
through 2009, the Secretary shall use, at a minimum, 
$1,200,000 per fiscal year to carry out drug impaired driv-
ing traffic safety programs, including the provisions of this 
section and the amendments made by this section. 
Æ