Multiple Substance Impaired Driving Prevention Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1999 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. IN THE SENATE OF THE UNITED STATES JUNE 9, 2021 Mrs. CAPITO (for herself and Ms. SINEMA) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 23, United States Code, to authorize the use of certain Federal funds for multiple substance im- paired driving countermeasures, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Multiple Substance 4 Impaired Driving Prevention Act of 2021’’. 5 SEC. 2. SENSE OF CONGRESS; PURPOSE. 6 (a) SENSE OF CONGRESS.—It is the sense of Con- 7 gress that— 8 VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1999 IS (1) a priority should be placed on creating 1 State systems, programs, and processes that improve 2 impaired driving detection in cases in which alcohol, 3 drugs, and especially multiple substances are in- 4 volved; 5 (2) States and communities should have access 6 to a broader range of countermeasures, technologies, 7 and resources to address multiple substance im- 8 paired driving; and 9 (3) increased Federal funding should be made 10 available for efforts to improve public safety through 11 the approaches described in paragraphs (1) and (2). 12 (b) PURPOSE.—The purpose of this Act is to increase 13 national investment in, and maximize the use of, innova- 14 tive programs and technologies to eliminate multiple sub- 15 stance impaired driving. 16 SEC. 3. IMPAIRED DRIVING PREVENTION AND REPORTING. 17 (a) USE OF FUNDS FOR MULTIPLE SUBSTANCE IM- 18 PAIRED DRIVING.—Section 164(b)(1) of title 23, United 19 States Code, is amended— 20 (1) in subparagraph (A), by striking ‘‘for alco- 21 hol-impaired’’ and inserting the following: ‘‘for— 22 ‘‘(i) alcohol-impaired driving counter- 23 measures; or 24 VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1999 IS ‘‘(ii) single or multiple substance im- 1 paired’’. 2 (2) in subparagraph (B), by striking ‘‘intoxi- 3 cated’’ and all that follows through the period at the 4 end and inserting the following: ‘‘intoxicated, driving 5 under the influence, driving while multiple substance 6 impaired, or other related laws (including regula- 7 tions), including for— 8 ‘‘(i) the purchase of equipment dedi- 9 cated to the enforcement of those laws; 10 ‘‘(ii) the training of officers dedicated 11 to the enforcement of those laws; and 12 ‘‘(iii) the use of additional personnel 13 for specific— 14 ‘‘(I) alcohol-impaired driving 15 countermeasures; or 16 ‘‘(II) single or multiple substance 17 impaired driving countermeasures.’’. 18 (b) IMPAIRED DRIVING COUNTERMEASURES.—Sec- 19 tion 405(d) of title 23, United States Code, is amended— 20 (1) in paragraph (4)— 21 (A) in subparagraph (B)— 22 (i) by striking clause (iii) and insert- 23 ing the following: 24 VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1999 IS ‘‘(iii)(I) court support of high-visibility 1 enforcement efforts; 2 ‘‘(II) hiring criminal justice profes- 3 sionals, including law enforcement officers, 4 prosecutors, traffic safety resource pros- 5 ecutors, judges, judicial outreach liaisons, 6 and probation officers; 7 ‘‘(III) training and education of the 8 criminal justice professionals described in 9 subclause (II) to assist those professionals 10 in preventing impaired driving and han- 11 dling impaired driving cases, including by 12 providing compensation to a law enforce- 13 ment officer to replace a law enforcement 14 officer who is— 15 ‘‘(aa) receiving drug recognition 16 expert training; or 17 ‘‘(bb) participating as an instruc- 18 tor in drug recognition expert train- 19 ing; and 20 ‘‘(IV) establishing driving while intoxi- 21 cated courts;’’; 22 (ii) by striking clauses (v) and (vi) 23 and inserting the following: 24 ‘‘(v) improving— 25 VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1999 IS ‘‘(I) blood alcohol concentration 1 screening and testing; 2 ‘‘(II) the detection of potentially 3 impairing drugs, including through 4 the use of oral fluid as a specimen; 5 and 6 ‘‘(III) reporting relating to the 7 screening, testing, and detection de- 8 scribed in subclauses (I) and (II); 9 ‘‘(vi)(I) paid and earned media in sup- 10 port of high-visibility enforcement efforts; 11 ‘‘(II) conducting initial and con- 12 tinuing— 13 ‘‘(aa) standardized field sobriety 14 training, advanced roadside impaired 15 driving enforcement training, and 16 drug recognition expert training for 17 law enforcement; and 18 ‘‘(bb) law enforcement phle- 19 botomy training; and 20 ‘‘(III) purchasing equipment to carry 21 out impaired driving enforcement activities 22 authorized by this subsection;’’; 23 (iii) in clause (ix), by striking ‘‘and’’ 24 at the end; 25 VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1999 IS (iv) in clause (x), by striking the pe- 1 riod at the end and inserting ‘‘; and’’; and 2 (v) by adding at the end the following: 3 ‘‘(xi) testing and implementing pro- 4 grams and purchasing technologies to bet- 5 ter identify, monitor, or treat impaired 6 drivers, including— 7 ‘‘(I) oral fluid screening tech- 8 nologies; 9 ‘‘(II) electronic warrant pro- 10 grams; 11 ‘‘(III) equipment to increase the 12 scope, quantity, quality, and timeli- 13 ness of forensic toxicology chemical 14 testing; 15 ‘‘(IV) case management software 16 to support the management of im- 17 paired driving offenders; and 18 ‘‘(V) technology to monitor im- 19 paired driving offenders.’’; and 20 (B) in subparagraph (C)— 21 (i) in the second sentence, by striking 22 ‘‘Medium-range’’ and inserting the fol- 23 lowing: 24 VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1999 IS ‘‘(ii) MEDIUM-RANGE AND HIGH- 1 RANGE STATES.—Subject to clause (iii), 2 medium-range’’; 3 (ii) in the first sentence, by striking 4 ‘‘Low-range’’ and inserting the following: 5 ‘‘(i) LOW-RANGE STATES.—Subject to 6 clause (iii), low-range’’; and 7 (iii) by adding at the end the fol- 8 lowing: 9 ‘‘(iii) ALL STATES.— 10 ‘‘(I) REPORTING OF IMPAIRED 11 DRIVING INFORMATION.—A State may 12 use grant funds for any expenditure 13 designed to increase the timely and 14 accurate reporting of impaired driving 15 crash information, including electronic 16 crash reporting systems that allow ac- 17 curate real- or near-real-time 18 uploading of crash information, and 19 impaired driving criminal justice in- 20 formation to Federal, State, and local 21 databases. 22 ‘‘(II) IMPAIRED DRIVING COUN- 23 TERMEASURES.—A State may use 24 grant funds for any expenditure to re- 25 VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1999 IS search or evaluate impaired driving 1 countermeasures.’’; and 2 (2) in paragraph (7)(A), in the matter pre- 3 ceding clause (i), by inserting ‘‘or local’’ after ‘‘au- 4 thorizes a State’’. 5 (c) GAO STUDY ON NATIONAL DUI REPORTING.— 6 (1) IN GENERAL.—The Comptroller General of 7 the United States shall conduct a study on the re- 8 porting of impaired driving arrest and citation data 9 to Federal databases and the interstate sharing of 10 information about convictions and license suspen- 11 sions relating to impaired driving to facilitate the 12 widespread identification of repeat impaired driving 13 offenders. 14 (2) INCLUSIONS.—The study conducted under 15 paragraph (1) shall include a detailed assessment 16 of— 17 (A) the extent to which State and local 18 criminal justice agencies are reporting impaired 19 driving arrest and citation data to Federal 20 databases; 21 (B) any barriers— 22 (i) at the Federal, State, or local level 23 to the reporting of impaired driving arrest 24 VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1999 IS and citation data to Federal databases; 1 and 2 (ii) to the use by State and local 3 criminal justice agencies of— 4 (I) those databases; and 5 (II) any systems for the report- 6 ing of that data; 7 (C) the extent to which States are sharing 8 impaired driving conviction and license-suspen- 9 sion data; 10 (D) any barriers at the Federal, State, or 11 local level to the sharing of impaired driving 12 conviction and license-suspension data; 13 (E) any Federal, State, and local resources 14 available to improve the reporting and sharing 15 of impaired driving data; 16 (F) any recommendations for policies and 17 programs to be carried out by the National 18 Highway Traffic Safety Administration to im- 19 prove— 20 (i) the reporting of impaired driving 21 arrest and citation data to Federal data- 22 bases; or 23 VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1999 IS (ii) the interstate sharing of impaired 1 driving conviction and license-suspension 2 data; and 3 (G) any recommendations for programs or 4 grant funding to be authorized by Congress to 5 improve— 6 (i) the reporting of impaired driving 7 arrest and citation data to Federal data- 8 bases; or 9 (ii) the interstate sharing of impaired 10 driving conviction and license-suspension 11 data. 12 (3) REPORT.—Not later than 1 year after the 13 date of enactment of this Act, the Comptroller Gen- 14 eral of the United States shall submit to the appro- 15 priate committees of Congress a report on the re- 16 sults of the study conducted under paragraph (1). 17 Æ VerDate Sep 11 2014 04:56 Jun 18, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S1999.IS S1999 kjohnson on DSK79L0C42PROD with BILLS