DUI Reporting Act of 2018

Summary: DUI Reporting Act of 2018  This bill requires the Department of Transportation (DOT) to withhold national priority safety program grant funds from a state that does not appear on the most recent list provided to DOT by the Department of Justice identifying states that are appropriately reporting arrests for driving under the influence of alcohol or drugs.     

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DUI Reporting Act of 2018''.

SEC. 2. IMPAIRED DRIVING COUNTERMEASURES.

    Section 405(d) of title 23, United States Code, is amended by 
adding at the end the following:
            ``(8) Special rules relating to dui reporting.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subsection, the Secretary shall 
                withhold from a State, in accordance with this 
                paragraph, each grant under this subsection for a 
                fiscal year if the State does not appear on the most 
                recent list provided to the Secretary under 
                subparagraph (B)(ii)(I).
                    ``(B) List.--
                            ``(i) Requirement.--The Attorney General 
                        shall provide to the Secretary a list 
                        identifying each State that, in the 
                        determination of the Attorney General, is 
                        ensuring, through law or policy, that all State 
                        and local law enforcement agencies in that 
                        State are appropriately reporting covered 
                        arrests to the appropriate Federal repository 
                        (which the Attorney General may determine to be 
                        the National Crime Information Center or the 
                        Next Generation Identification system).
                            ``(ii) Timing.--Each year, the Attorney 
                        General shall provide the list required under 
                        clause (i)--
                                    ``(I) during the 30-day period 
                                ending on September 30; and
                                    ``(II) on the date that is 90 days 
                                after the date on which the list is 
                                provided pursuant to subclause (I).
                            ``(iii) Availability to the public.--The 
                        Attorney General shall make available to the 
                        public on an appropriate Federal website each 
                        list provided to the Secretary under this 
                        subparagraph.
                    ``(C) Withholding.--
                            ``(i) In general.--The Secretary shall 
                        withhold grants under subparagraph (A) in 
                        accordance with the following:
                                    ``(I) If the applicable State is 
                                subject to withholding under 
                                subparagraph (A) for the first time, 
                                the Secretary shall withhold 25 percent 
                                of the amount of the grant that would 
                                otherwise be made available to the 
                                State.
                                    ``(II) If the applicable State is 
                                subject to withholding under 
                                subparagraph (A) for the second time, 
                                the Secretary shall withhold 50 percent 
                                of the amount of the grant that would 
                                otherwise be made available to the 
                                State.
                                    ``(III) If the applicable State is 
                                subject to withholding under 
                                subparagraph (A) for the third time (or 
                                more), the Secretary shall withhold 100 
                                percent of the amount of the grant that 
                                would otherwise be made available to 
                                the State.
                            ``(ii) First year warnings.--
                                    ``(I) No withholding.--During the 
                                first fiscal year with respect to which 
                                the Secretary may withhold grant 
                                amounts under subparagraph (A), the 
                                Secretary, notwithstanding such 
                                subparagraph, shall not withhold any 
                                grant amounts from any State under such 
                                subparagraph.
                                    ``(II) Warnings.--The Secretary 
                                shall notify each State that would have 
                                been subject to withholding under 
                                subparagraph (A), if not for this 
                                clause, and such notice shall not be 
                                treated as a withholding for purposes 
                                of clause (i) of this subparagraph.
                    ``(D) Availability of withheld amounts.--
                            ``(i) In general.--Amounts withheld from a 
                        State under subparagraph (A) shall remain 
                        available to be provided to the State until the 
                        end of the 90-day period beginning on the date 
                        of the withholding.
                            ``(ii) Return to compliance.--At the end of 
                        a 90-day period described in clause (i), if the 
                        applicable State appears on the most recent 
                        list provided under subparagraph (B)(ii)(II), 
                        amounts withheld from the State shall be 
                        provided to the State.
                            ``(iii) Continued noncompliance.--At the 
                        end of a 90-day period described in clause (i), 
                        if the applicable State does not appear on the 
                        most recent list provided under subparagraph 
                        (B)(ii)(II), amounts withheld from the State 
                        shall be reallocated consistent with subsection 
                        (a)(8).
                    ``(E) Use of grants.--Notwithstanding any other 
                provision of this subsection, a State that receives a 
                grant under this subsection may use grant amounts for 
                costs associated with reporting covered arrests.
                    ``(F) Covered arrests defined.--In this paragraph, 
                the term `covered arrests' means arrests for offenses 
                involving driving under the influence of, or while 
                intoxicated by, alcohol or drugs.
                    ``(G) Applicability.--This paragraph shall apply to 
                the second fiscal year beginning after the date of 
                enactment of this paragraph and each fiscal year 
                thereafter.''.