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.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3907 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Highways, Transit and Pipelines.
Referred to the Subcommittee on Commerce, Trade and Consumer Protection, for a period to be subsequently determined by the Chairman.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line