Multiple Substance Impaired Driving Prevention Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3757 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 HOUSE OF REPRESENTATIVES JUNE 8, 2021 Mr. COHEN (for himself and Miss RICE of New York) introduced the following bill; which was referred to the Committee on Transportation and Infra- structure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3757 IH SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSE. 1 (a) SENSE OF CONGRESS.—It is the sense of Con- 2 gress that— 3 (1) a priority should be placed on creating 4 State systems, programs, and processes that improve 5 impaired driving detection in cases in which alcohol, 6 drugs, and especially multiple substances are in- 7 volved; 8 (2) States and communities should have access 9 to a broader range of countermeasures, technologies, 10 and resources to address multiple substance im- 11 paired driving; and 12 (3) increased Federal funding should be made 13 available for efforts to improve public safety through 14 the approaches described in paragraphs (1) and (2). 15 (b) PURPOSE.—The purpose of this Act is to increase 16 national investment in, and maximize the use of, innova- 17 tive programs and technologies to eliminate multiple sub- 18 stance impaired driving. 19 SEC. 3. IMPAIRED DRIVING PREVENTION AND REPORTING. 20 (a) USE OF FUNDS FOR MULTIPLE SUBSTANCE IM- 21 PAIRED DRIVING.—Section 164(b)(1) of title 23, United 22 States Code, is amended— 23 (1) in subparagraph (A), by striking ‘‘for alco- 24 hol-impaired’’ and inserting the following: ‘‘for— 25 VerDate Sep 11 2014 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3757 IH ‘‘(i) alcohol-impaired driving counter- 1 measures; or 2 ‘‘(ii) single or multiple substance im- 3 paired’’. 4 (2) in subparagraph (B), by striking ‘‘intoxi- 5 cated’’ and all that follows through the period at the 6 end and inserting the following: ‘‘intoxicated, driving 7 under the influence, driving while multiple substance 8 impaired, or other related laws (including regula- 9 tions), including for— 10 ‘‘(i) the purchase of equipment dedi- 11 cated to the enforcement of those laws; 12 ‘‘(ii) the training of officers dedicated 13 to the enforcement of those laws; and 14 ‘‘(iii) the use of additional personnel 15 for specific— 16 ‘‘(I) alcohol-impaired driving 17 countermeasures; or 18 ‘‘(II) single or multiple substance 19 impaired driving countermeasures.’’. 20 (b) IMPAIRED DRIVING COUNTERMEASURES.—Sec- 21 tion 405(d) of title 23, United States Code, is amended— 22 (1) in paragraph (4)— 23 (A) in subparagraph (B)— 24 VerDate Sep 11 2014 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3757 IH (i) by striking clause (iii) and insert- 1 ing the following: 2 ‘‘(iii)(I) court support of high-visibility 3 enforcement efforts; 4 ‘‘(II) hiring criminal justice profes- 5 sionals, including law enforcement officers, 6 prosecutors, traffic safety resource pros- 7 ecutors, judges, judicial outreach liaisons, 8 and probation officers; 9 ‘‘(III) training and education of the 10 criminal justice professionals described in 11 subclause (II) to assist those professionals 12 in preventing impaired driving and han- 13 dling impaired driving cases, including by 14 providing compensation to a law enforce- 15 ment officer to replace a law enforcement 16 officer who is— 17 ‘‘(aa) receiving such drug rec- 18 ognition expert training; or 19 ‘‘(bb) participating as an instruc- 20 tor in such drug recognition expert 21 training; and 22 ‘‘(IV) establishing driving while intoxi- 23 cated courts;’’; 24 VerDate Sep 11 2014 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3757 IH (ii) by striking clauses (v) and (vi) 1 and inserting the following: 2 ‘‘(v) improving— 3 ‘‘(I) blood alcohol concentration 4 screening and testing; 5 ‘‘(II) the detection of potentially 6 impairing drugs, including through 7 the use of oral fluid as a specimen; 8 and 9 ‘‘(III) reporting relating to the 10 testing and detection described in sub- 11 clauses (I) and (II); 12 ‘‘(vi)(I) paid and earned media in sup- 13 port of high-visibility enforcement efforts; 14 ‘‘(II) conducting initial and con- 15 tinuing— 16 ‘‘(aa) standardized field sobriety 17 training, advanced roadside impaired 18 driving enforcement training, and 19 drug recognition expert training for 20 law enforcement; and 21 ‘‘(bb) law enforcement phle- 22 botomy training; and 23 VerDate Sep 11 2014 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3757 IH ‘‘(III) to purchase equipment to carry 1 out impaired driving enforcement activities 2 authorized by this subsection;’’; 3 (iii) in clause (ix), by striking ‘‘and’’ 4 at the end; 5 (iv) in clause (x), by striking the pe- 6 riod at the end and inserting ‘‘; and’’; and 7 (v) by adding at the end the following: 8 ‘‘(xi) testing and implementing pro- 9 grams and purchasing technologies to bet- 10 ter identify, monitor, or treat impaired 11 drivers, including— 12 ‘‘(I) oral fluid screening tech- 13 nologies; 14 ‘‘(II) electronic warrant pro- 15 grams; 16 ‘‘(III) equipment to increase the 17 scope, quantity, quality, and timeli- 18 ness of forensic toxicology chemical 19 testing; 20 ‘‘(IV) case management software 21 to support the management of im- 22 paired driving offenders; and 23 ‘‘(V) technology to monitor im- 24 paired driving offenders.’’; and 25 VerDate Sep 11 2014 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3757 IH (B) in subparagraph (C)— 1 (i) in the second sentence, by striking 2 ‘‘Medium-range’’ and inserting the fol- 3 lowing: 4 ‘‘(ii) MEDIUM-RANGE AND HIGH- 5 RANGE STATES.—Subject to clause (iii), 6 medium-range’’; 7 (ii) in the first sentence, by striking 8 ‘‘Low-range’’ and inserting the following: 9 ‘‘(i) LOW-RANGE STATES.—Subject to 10 clause (iii), low-range’’; and 11 (iii) by adding at the end the fol- 12 lowing: 13 ‘‘(iii) ALL STATES.— 14 ‘‘(I) REPORTING OF IMPAIRED 15 DRIVING CRIMINAL JUSTICE INFORMA- 16 TION.—A State may use grant funds 17 for any expenditure designed to in- 18 crease the timely and accurate report- 19 ing of crash information and impaired 20 driving criminal justice information to 21 Federal, State, and local 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 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3757 IH 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 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3757 IH 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 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3757 IH (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 03:38 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\H3757.IH H3757 pbinns on DSKJLVW7X2PROD with BILLS