Multiple Substance Impaired Driving Prevention Act of 2021
Bill: S.1999 | Sponsor: Sen. Capito, Shelley Moore (R-WV)
Policy area: Transportation and Public Works

Summary:
Multiple Substance Impaired Driving Prevention Act of 2021
This bill includes substances other than alcohol within the scope of federal programs for preventing impaired driving. It also addresses reporting of impaired driving arrests, citations, convictions, and related matters to federal and other databases.
Under current law, if a state does not have (or enforce) certain laws to address repeat intoxicated drivers, a portion of that state's Federal-aid highway funding must be reserved for alcohol-related countermeasures for impaired driving. This bill provides that reserved funds may also be used for countermeasures for single or multiple substance impaired driving.
Additionally, states may use grants for impaired driving countermeasures to improve (1) reporting of information about crashes and impaired driving to federal, state, and local databases; and (2) research using such information.
The Government Accountability Office must also study the extent to which states and localities report information about impaired driving to relevant federal databases and use the databases to identify repeat impaired driving offenders.

To amend title 23, United States Code, to authorize the use of certain 
Federal funds for multiple substance impaired driving countermeasures, 
                        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 ``Multiple Substance Impaired Driving 
Prevention Act of 2021''.

SEC. 2. SENSE OF CONGRESS; PURPOSE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) a priority should be placed on creating State systems, 
        programs, and processes that improve impaired driving detection 
        in cases in which alcohol, drugs, and especially multiple 
        substances are involved;
            (2) States and communities should have access to a broader 
        range of countermeasures, technologies, and resources to 
        address multiple substance impaired driving; and
            (3) increased Federal funding should be made available for 
        efforts to improve public safety through the approaches 
        described in paragraphs (1) and (2).
    (b) Purpose.--The purpose of this Act is to increase national 
investment in, and maximize the use of, innovative programs and 
technologies to eliminate multiple substance impaired driving.

SEC. 3. IMPAIRED DRIVING PREVENTION AND REPORTING.

    (a) Use of Funds for Multiple Substance Impaired Driving.--Section 
164(b)(1) of title 23, United States Code, is amended--
            (1) in subparagraph (A), by striking ``for alcohol-
        impaired'' and inserting the following: ``for--
                            ``(i) alcohol-impaired driving 
                        countermeasures; or
                            ``(ii) single or multiple substance 
                        impaired''.
            (2) in subparagraph (B), by striking ``intoxicated'' and 
        all that follows through the period at the end and inserting 
        the following: ``intoxicated, driving under the influence, 
        driving while multiple substance impaired, or other related 
        laws (including regulations), including for--
                            ``(i) the purchase of equipment dedicated 
                        to the enforcement of those laws;
                            ``(ii) the training of officers dedicated 
                        to the enforcement of those laws; and
                            ``(iii) the use of additional personnel for 
                        specific--
                                    ``(I) alcohol-impaired driving 
                                countermeasures; or
                                    ``(II) single or multiple substance 
                                impaired driving countermeasures.''.
    (b) Impaired Driving Countermeasures.--Section 405(d) of title 23, 
United States Code, is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (B)--
                            (i) by striking clause (iii) and inserting 
                        the following:
                            ``(iii)(I) court support of high-visibility 
                        enforcement efforts;
                            ``(II) hiring criminal justice 
                        professionals, including law enforcement 
                        officers, prosecutors, traffic safety resource 
                        prosecutors, judges, judicial outreach 
                        liaisons, and probation officers;
                            ``(III) training and education of the 
                        criminal justice professionals described in 
                        subclause (II) to assist those professionals in 
                        preventing impaired driving and handling 
                        impaired driving cases, including by providing 
                        compensation to a law enforcement officer to 
                        replace a law enforcement officer who is--
                                    ``(aa) receiving drug recognition 
                                expert training; or
                                    ``(bb) participating as an 
                                instructor in drug recognition expert 
                                training; and
                            ``(IV) establishing driving while 
                        intoxicated courts;'';
                            (ii) by striking clauses (v) and (vi) and 
                        inserting the following:
                            ``(v) improving--
                                    ``(I) blood alcohol concentration 
                                screening and testing;
                                    ``(II) the detection of potentially 
                                impairing drugs, including through the 
                                use of oral fluid as a specimen; and
                                    ``(III) reporting relating to the 
                                screening, testing, and detection 
                                described in subclauses (I) and (II);
                            ``(vi)(I) paid and earned media in support 
                        of high-visibility enforcement efforts;
                            ``(II) conducting initial and continuing--
                                    ``(aa) standardized field sobriety 
                                training, advanced roadside impaired 
                                driving enforcement training, and drug 
                                recognition expert training for law 
                                enforcement; and
                                    ``(bb) law enforcement phlebotomy 
                                training; and
                            ``(III) purchasing equipment to carry out 
                        impaired driving enforcement activities 
                        authorized by this subsection;'';
                            (iii) in clause (ix), by striking ``and'' 
                        at the end;
                            (iv) in clause (x), by striking the period 
                        at the end and inserting ``; and''; and
                            (v) by adding at the end the following:
                            ``(xi) testing and implementing programs 
                        and purchasing technologies to better identify, 
                        monitor, or treat impaired drivers, including--
                                    ``(I) oral fluid screening 
                                technologies;
                                    ``(II) electronic warrant programs;
                                    ``(III) equipment to increase the 
                                scope, quantity, quality, and 
                                timeliness of forensic toxicology 
                                chemical testing;
                                    ``(IV) case management software to 
                                support the management of impaired 
                                driving offenders; and
                                    ``(V) technology to monitor 
                                impaired driving offenders.''; and
                    (B) in subparagraph (C)--
                            (i) in the second sentence, by striking 
                        ``Medium-range'' and inserting the following:
                            ``(ii) Medium-range and high-range 
                        states.--Subject to clause (iii), medium-
                        range'';
                            (ii) in the first sentence, by striking 
                        ``Low-range'' and inserting the following:
                            ``(i) Low-range states.--Subject to clause 
                        (iii), low-range''; and
                            (iii) by adding at the end the following:
                            ``(iii) All states.--
                                    ``(I) Reporting of impaired driving 
                                information.--A State may use grant 
                                funds for any expenditure designed to 
                                increase the timely and accurate 
                                reporting of impaired driving crash 
                                information, including electronic crash 
                                reporting systems that allow accurate 
                                real- or near-real-time uploading of 
                                crash information, and impaired driving 
                                criminal justice information to 
                                Federal, State, and local databases.
                                    ``(II) Impaired driving 
                                countermeasures.--A State may use grant 
                                funds for any expenditure to research 
                                or evaluate impaired driving 
                                countermeasures.''; and
            (2) in paragraph (7)(A), in the matter preceding clause 
        (i), by inserting ``or local'' after ``authorizes a State''.
    (c) GAO Study on National DUI Reporting.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the reporting of impaired 
        driving arrest and citation data to Federal databases and the 
        interstate sharing of information about convictions and license 
        suspensions relating to impaired driving to facilitate the 
        widespread identification of repeat impaired driving offenders.
            (2) Inclusions.--The study conducted under paragraph (1) 
        shall include a detailed assessment of--
                    (A) the extent to which State and local criminal 
                justice agencies are reporting impaired driving arrest 
                and citation data to Federal databases;
                    (B) any barriers--
                            (i) at the Federal, State, or local level 
                        to the reporting of impaired driving arrest and 
                        citation data to Federal databases; and
                            (ii) to the use by State and local criminal 
                        justice agencies of--
                                    (I) those databases; and
                                    (II) any systems for the reporting 
                                of that data;
                    (C) the extent to which States are sharing impaired 
                driving conviction and license-suspension data;
                    (D) any barriers at the Federal, State, or local 
                level to the sharing of impaired driving conviction and 
                license-suspension data;
                    (E) any Federal, State, and local resources 
                available to improve the reporting and sharing of 
                impaired driving data;
                    (F) any recommendations for policies and programs 
                to be carried out by the National Highway Traffic 
                Safety Administration to improve--
                            (i) the reporting of impaired driving 
                        arrest and citation data to Federal databases; 
                        or
                            (ii) the interstate sharing of impaired 
                        driving conviction and license-suspension data; 
                        and
                    (G) any recommendations for programs or grant 
                funding to be authorized by Congress to improve--
                            (i) the reporting of impaired driving 
                        arrest and citation data to Federal databases; 
                        or
                            (ii) the interstate sharing of impaired 
                        driving conviction and license-suspension data.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the appropriate committees of Congress a 
        report on the results of the study conducted under paragraph 
        (1).
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