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 influ-
ence to the National Crime Information Center as a 
condition of receiving the full amount that the State 
would otherwise receive under the Edward Byrne Memo-
rial Justice Assistance Grant Program, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘DUI Reporting Act 
of 2016’’. 
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SEC. 2. REQUIRING STATE AND LOCAL LAW ENFORCEMENT 
AGENCIES TO REPORT ARRESTS FOR OF-
FENSES INVOLVING DRIVING UNDER THE IN-
FLUENCE TO THE NATIONAL CRIME INFOR-
MATION CENTER AS A CONDITION OF RE-
CEIVING FUNDS UNDER THE EDWARD BYRNE 
MEMORIAL 
JUSTICE 
ASSISTANCE 
GRANT 
PROGRAM. 
(a) IN GENERAL.—For any fiscal year, a State, and 
any unit of local government in that State, may not receive 
20 percent of the amount that would otherwise be allo-
cated to that State or unit of local government under the 
program under subpart 1 of part E of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3750 et seq.), unless the State has in effect a law 
or policy that ensures all State and local law enforcement 
agencies are appropriately reporting arrests for offenses 
involving driving under the influence to the National 
Crime Information Center in accordance with such law or 
policy, and any rules made by the Attorney General pursu-
ant to subsection (e). 
(b) NOTICE.—Not later than 60 days prior to the 
first day of a fiscal year, the Attorney General shall pro-
vide notice to the chief executive of a State that does not 
have in effect a law or policy described in subsection (a) 
that the amount that would otherwise be allocated to that 
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State, and to any unit of local government in that State, 
under the program described in that subsection will be 
withheld and reduced in accordance with subsection (c). 
(c) WITHHOLDING AND REDUCTION OF FUNDS.— 
The amount that would otherwise be allocated to a State, 
and any unit of local government in the State, shall be 
deposited in an escrow account in the Treasury (which 
shall not accrue interest) for a period of 90 days beginning 
on the first day of the fiscal year if the State does not 
have in place a law or policy described in subsection (a). 
If the State implements such a law or policy prior to the 
conclusion of such 90-day period, that amount shall be 
made available for allocation to the State and units of local 
government in the State. If the State does not implement 
such a law or policy prior to the conclusion of such 90- 
day period, 80 percent of such amount shall be made avail-
able for allocation to the State and units of local govern-
ment in the State. 
(d) AMOUNTS NOT ALLOCATED.—After the conclu-
sion of the 90-day period described in subsection (c), 
amounts not allocated to a State or a unit of local govern-
ment under the program described in subsection (a) for 
the failure of the State to have in effect a law or policy 
described in subsection (a) shall be deposited in the gen-
eral fund of the Treasury. 
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(e) RULES.—Not later than 120 days after the date 
of the enactment of this Act, the Attorney General shall 
make rules to implement this section. 
(f) DEFINITIONS.—In this section, terms used have 
the meanings given those terms in section 901 of title I 
of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3791). 
Æ 
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