I 

114TH CONGRESS 

2D SESSION H. R. 5258 

To require State and local law enforcement agencies to report arrests for 

offenses that involve driving under the influence to the National Crime 

Information Center as a condition of receiving the full amount that 

the State would otherwise receive under the Edward Byrne Memorial 

Justice Assistance Grant Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2016 

Mr. COHEN (for himself, Mr. CHABOT, and Mr. NADLER) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To require State and local law enforcement agencies to report 

arrests for offenses that involve driving under the influence to the National Crime Information Center as a 

condition of receiving the full amount that the State 

would otherwise receive under the Edward Byrne Memorial Justice Assistance Grant Program, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DUI Reporting Act 

5 of 2016’’. 


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1 SEC. 2. REQUIRING STATE AND LOCAL LAW ENFORCEMENT 

2 AGENCIES TO REPORT ARRESTS FOR OF3 FENSES INVOLVING DRIVING UNDER THE IN4 FLUENCE TO THE NATIONAL CRIME INFOR5 MATION CENTER AS A CONDITION OF RE6 CEIVING FUNDS UNDER THE EDWARD BYRNE 

7 MEMORIAL JUSTICE ASSISTANCE GRANT 

8 PROGRAM. 

9 (a) IN GENERAL.—For any fiscal year, a State, and 

10 any unit of local government in that State, may not receive 

11 20 percent of the amount that would otherwise be allo12 cated to that State or unit of local government under the 

13 program under subpart 1 of part E of title I of the Omni14 bus Crime Control and Safe Streets Act of 1968 (42 

15 U.S.C. 3750 et seq.), unless the State has in effect a law 

16 or policy that ensures all State and local law enforcement 

17 agencies are appropriately reporting arrests for offenses 

18 involving driving under the influence to the National 

19 Crime Information Center in accordance with such law or 

20 policy, and any rules made by the Attorney General pursu21 ant to subsection (e). 

22 (b) NOTICE.—Not later than 60 days prior to the 

23 first day of a fiscal year, the Attorney General shall pro24 vide notice to the chief executive of a State that does not 

25 have in effect a law or policy described in subsection (a) 

26 that the amount that would otherwise be allocated to that 


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1 State, and to any unit of local government in that State, 

2 under the program described in that subsection will be 

3 withheld and reduced in accordance with subsection (c). 

4 (c) WITHHOLDING AND REDUCTION OF FUNDS.— 

5 The amount that would otherwise be allocated to a State, 

6 and any unit of local government in the State, shall be 

7 deposited in an escrow account in the Treasury (which 

8 shall not accrue interest) for a period of 90 days beginning 

9 on the first day of the fiscal year if the State does not 

10 have in place a law or policy described in subsection (a). 

11 If the State implements such a law or policy prior to the 

12 conclusion of such 90-day period, that amount shall be 

13 made available for allocation to the State and units of local 

14 government in the State. If the State does not implement 

15 such a law or policy prior to the conclusion of such 90- 

16 day period, 80 percent of such amount shall be made avail17 able for allocation to the State and units of local govern18 ment in the State. 

19 (d) AMOUNTS NOT ALLOCATED.—After the conclu20 sion of the 90-day period described in subsection (c), 

21 amounts not allocated to a State or a unit of local govern22 ment under the program described in subsection (a) for 

23 the failure of the State to have in effect a law or policy 

24 described in subsection (a) shall be deposited in the gen25 eral fund of the Treasury. 


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1 (e) RULES.—Not later than 120 days after the date 

2 of the enactment of this Act, the Attorney General shall 

3 make rules to implement this section. 

4 (f) DEFINITIONS.—In this section, terms used have 

5 the meanings given those terms in section 901 of title I 

6 of the Omnibus Crime Control and Safe Streets Act of 

7 1968 (42 U.S.C. 3791). 

Æ 


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