I 

116TH CONGRESS 

1ST SESSION H. R. 1914 

To amend title 23, United States Code, with respect to national priority 

safety programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2019 

Mr. COHEN (for himself and Mr. CHABOT) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend title 23, United States Code, with respect to 

national priority safety programs, 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 2019’’. 

6 SEC. 2. IMPAIRED DRIVING COUNTERMEASURES. 

7 Section 405(d) of title 23, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(8) SPECIAL RULES RELATING TO DUI RE10 PORTING.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of this subsection, the Secretary 

3 shall withhold from a State, in accordance with 

4 this paragraph, each grant under this sub5 section for a fiscal year if the State does not 

6 appear on the most recent list provided to the 

7 Secretary under subparagraph (B)(ii)(I). 

8 ‘‘(B) LIST.— 

9 ‘‘(i) REQUIREMENT.—The Attorney 

10 General shall provide to the Secretary a 

11 list identifying each State that, in the de12 termination of the Attorney General, is en13 suring, through law or policy, that all 

14 State and local law enforcement agencies 

15 in that State are appropriately reporting 

16 covered arrests to the appropriate Federal 

17 repository (which the Attorney General 

18 may determine to be the National Crime 

19 Information Center or the Next Generation 

20 Identification system). 

21 ‘‘(ii) TIMING.—Each year, the Attor22 ney General shall provide the list required 

23 under clause (i)— 

24 ‘‘(I) during the 30-day period 

25 ending on September 30; and 


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1 ‘‘(II) on the date that is 90 days 

2 after the date on which the list is pro3 vided pursuant to subclause (I). 

4 ‘‘(iii) AVAILABILITY TO THE PUB5 LIC.—The Attorney General shall make 

6 available to the public on an appropriate 

7 Federal website each list provided to the 

8 Secretary under this subparagraph. 

9 ‘‘(C) WITHHOLDING.— 

10 ‘‘(i) IN GENERAL.—The Secretary 

11 shall withhold grants under subparagraph 

12 (A) in accordance with the following: 

13 ‘‘(I) If the applicable State is 

14 subject to withholding under subpara15 graph (A) for the first time, the Sec16 retary shall withhold 25 percent of the 

17 amount of the grant that would other18 wise be made available to the State. 

19 ‘‘(II) If the applicable State is 

20 subject to withholding under subpara21 graph (A) for the second time, the 

22 Secretary shall withhold 50 percent of 

23 the amount of the grant that would 

24 otherwise be made available to the 

25 State. 


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1 ‘‘(III) If the applicable State is 

2 subject to withholding under subpara3 graph (A) for the third time (or 

4 more), the Secretary shall withhold 

5 100 percent of the amount of the 

6 grant that would otherwise be made 

7 available to the State. 

8 ‘‘(ii) FIRST YEAR WARNINGS.— 

9 ‘‘(I) NO WITHHOLDING.—During 

10 the first fiscal year with respect to 

11 which the Secretary may withhold 

12 grant amounts under subparagraph 

13 (A), the Secretary, notwithstanding 

14 such subparagraph, shall not withhold 

15 any grant amounts from any State 

16 under such subparagraph. 

17 ‘‘(II) WARNINGS.—The Secretary 

18 shall notify each State that would 

19 have been subject to withholding 

20 under subparagraph (A), if not for 

21 this clause, and such notice shall not 

22 be treated as a withholding for pur23 poses of clause (i) of this subpara24 graph. 


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1 ‘‘(D) AVAILABILITY OF WITHHELD

2 AMOUNTS.— 

3 ‘‘(i) IN GENERAL.—Amounts withheld 

4 from a State under subparagraph (A) shall 

5 remain available to be provided to the 

6 State until the end of the 90-day period 

7 beginning on the date of the withholding. 

8 ‘‘(ii) RETURN TO COMPLIANCE.—At 

9 the end of a 90-day period described in 

10 clause (i), if the applicable State appears 

11 on the most recent list provided under sub12 paragraph (B)(ii)(II), amounts withheld 

13 from the State shall be provided to the 

14 State. 

15 ‘‘(iii) CONTINUED NONCOMPLIANCE.— 

16 At the end of a 90-day period described in 

17 clause (i), if the applicable State does not 

18 appear on the most recent list provided 

19 under subparagraph (B)(ii)(II), amounts 

20 withheld from the State shall be reallo21 cated consistent with subsection (a)(8). 

22 ‘‘(E) USE OF GRANTS.—Notwithstanding 

23 any other provision of this subsection, a State 

24 that receives a grant under this subsection may 


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1 use grant amounts for costs associated with re2 porting covered arrests. 

3 ‘‘(F) COVERED ARRESTS DEFINED.—In 

4 this paragraph, the term ‘covered arrests’ 

5 means arrests for offenses involving driving 

6 under the influence of, or while intoxicated by, 

7 alcohol or drugs. 

8 ‘‘(G) APPLICABILITY.—This paragraph 

9 shall apply to the second fiscal year beginning 

10 after the date of enactment of this paragraph 

11 and each fiscal year thereafter.’’. 

Æ 


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