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 Penn-
sylvania, 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) in-
troduced 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. 
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 2018’’. 
SEC. 2. IMPAIRED DRIVING COUNTERMEASURES. 
Section 405(d) of title 23, United States Code, is 
amended by adding at the end the following: 
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‘‘(8) SPECIAL
RULES
RELATING
TO
DUI
RE-
PORTING.— 
‘‘(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 sub-
section 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 de-
termination of the Attorney General, is en-
suring, 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 Attor-
ney General shall provide the list required 
under clause (i)— 
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otherwise be made available to the 
State. 
‘‘(III) If the applicable State is 
subject to withholding under subpara-
graph (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 pur-
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poses of clause (i) of this subpara-
graph. 
‘‘(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 sub-
paragraph (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 reallo-
cated consistent with subsection (a)(8). 
‘‘(E) USE
OF
GRANTS.—Notwithstanding 
any other provision of this subsection, a State 
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that receives a grant under this subsection may 
use grant amounts for costs associated with re-
porting 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.’’. 
Æ 
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