I 

115TH CONGRESS 

2D SESSION H. R. 5218 

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

safety programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2018 

Mr. COHEN (for himself, Mr. CHABOT, Mr. NADLER, Mr. COSTELLO of Pennsylvania, Ms. BROWNLEY of California, Mr. CURBELO of Florida, Ms. 

DELBENE, Mr. KELLY of Mississippi, Ms. MICHELLE LUJAN GRISHAM

of New Mexico, Mr. MARINO, Ms. MCCOLLUM, and Mr. MCKINLEY) 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 2018’’. 

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: 


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1 ‘‘(8) SPECIAL RULES RELATING TO DUI RE2 PORTING.— 

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

4 other provision of this subsection, the Secretary 

5 shall withhold from a State, in accordance with 

6 this paragraph, each grant under this sub7 section for a fiscal year if the State does not 

8 appear on the most recent list provided to the 

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

10 ‘‘(B) LIST.— 

11 ‘‘(i) REQUIREMENT.—The Attorney 

12 General shall provide to the Secretary a 

13 list identifying each State that, in the de14 termination of the Attorney General, is en15 suring, through law or policy, that all 

16 State and local law enforcement agencies 

17 in that State are appropriately reporting 

18 covered arrests to the appropriate Federal 

19 repository (which the Attorney General 

20 may determine to be the National Crime 

21 Information Center or the Next Generation 

22 Identification system). 

23 ‘‘(ii) TIMING.—Each year, the Attor24 ney General shall provide the list required 

25 under clause (i)— 


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1 ‘‘(I) during the 30-day period 

2 ending on September 30; and 

3 ‘‘(II) on the date that is 90 days 

4 after the date on which the list is pro5 vided pursuant to subclause (I). 

6 ‘‘(iii) AVAILABILITY TO THE PUB7 LIC.—The Attorney General shall make 

8 available to the public on an appropriate 

9 Federal website each list provided to the 

10 Secretary under this subparagraph. 

11 ‘‘(C) WITHHOLDING.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 shall withhold grants under subparagraph 

14 (A) in accordance with the following: 

15 ‘‘(I) If the applicable State is 

16 subject to withholding under subpara17 graph (A) for the first time, the Sec18 retary shall withhold 25 percent of the 

19 amount of the grant that would other20 wise be made available to the State. 

21 ‘‘(II) If the applicable State is 

22 subject to withholding under subpara23 graph (A) for the second time, the 

24 Secretary shall withhold 50 percent of 

25 the amount of the grant that would 


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1 otherwise be made available to the 

2 State. 

3 ‘‘(III) If the applicable State is 

4 subject to withholding under subpara5 graph (A) for the third time (or 

6 more), the Secretary shall withhold 

7 100 percent of the amount of the 

8 grant that would otherwise be made 

9 available to the State. 

10 ‘‘(ii) FIRST YEAR WARNINGS.— 

11 ‘‘(I) NO WITHHOLDING.—During 

12 the first fiscal year with respect to 

13 which the Secretary may withhold 

14 grant amounts under subparagraph 

15 (A), the Secretary, notwithstanding 

16 such subparagraph, shall not withhold 

17 any grant amounts from any State 

18 under such subparagraph. 

19 ‘‘(II) WARNINGS.—The Secretary 

20 shall notify each State that would 

21 have been subject to withholding 

22 under subparagraph (A), if not for 

23 this clause, and such notice shall not 

24 be treated as a withholding for purVerDate Sep 11 2014 22:12 Mar 16, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5218.IH H5218

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1 poses of clause (i) of this subpara2 graph. 

3 ‘‘(D) AVAILABILITY OF WITHHELD

4 AMOUNTS.— 

5 ‘‘(i) IN GENERAL.—Amounts withheld 

6 from a State under subparagraph (A) shall 

7 remain available to be provided to the 

8 State until the end of the 90-day period 

9 beginning on the date of the withholding. 

10 ‘‘(ii) RETURN TO COMPLIANCE.—At 

11 the end of a 90-day period described in 

12 clause (i), if the applicable State appears 

13 on the most recent list provided under sub14 paragraph (B)(ii)(II), amounts withheld 

15 from the State shall be provided to the 

16 State. 

17 ‘‘(iii) CONTINUED NONCOMPLIANCE.— 

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

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

20 appear on the most recent list provided 

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

22 withheld from the State shall be reallo23 cated consistent with subsection (a)(8). 

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

25 any other provision of this subsection, a State 


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1 that receives a grant under this subsection may 

2 use grant amounts for costs associated with re3 porting covered arrests. 

4 ‘‘(F) COVERED ARRESTS DEFINED.—In 

5 this paragraph, the term ‘covered arrests’ 

6 means arrests for offenses involving driving 

7 under the influence of, or while intoxicated by, 

8 alcohol or drugs. 

9 ‘‘(G) APPLICABILITY.—This paragraph 

10 shall apply to the second fiscal year beginning 

11 after the date of enactment of this paragraph 

12 and each fiscal year thereafter.’’. 

Æ 


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