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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:
''(8) Special rules relating to dui reporting.--
''(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 subsection 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
determination of the Attorney General, is
ensuring, 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 Attorney
General shall provide the list required under
clause (i)--
''(I) during the 30-day period
ending on September 30; and
''(II) on the date that is 90 days
after the date on which the list is
provided pursuant to subclause (I).
''(iii) Availability to the public.--The
Attorney General shall make available to the
public on an appropriate Federal website each
list provided to the Secretary under this
subparagraph.
''(C) Withholding.--
''(i) In general.--The Secretary shall
withhold grants under subparagraph (A) in
accordance with the following:
''(I) If the applicable State is
subject to withholding under
subparagraph (A) for the first time,
the Secretary shall withhold 25 percent
of the amount of the grant that would
otherwise be made available to the
State.
''(II) If the applicable State is
subject to withholding under
subparagraph (A) for the second time,
the Secretary shall withhold 50 percent
of the amount of the grant that would
otherwise be made available to the
State.
''(III) If the applicable State is
subject to withholding under
subparagraph (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 purposes
of clause (i) of this subparagraph.
''(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 subparagraph (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 reallocated consistent with subsection
(a)(8).
''(E) Use of grants.--Notwithstanding any other
provision of this subsection, a State that receives a
grant under this subsection may use grant amounts for
costs associated with reporting 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.''.
DUI Reporting Act of 2018 This bill requires the Department of Transportation (DOT) to withhold national priority safety program grant funds from a state that does not appear on the most recent list provided to DOT by the Department of Justice identifying states that are appropriately reporting arrests for driving under the influence of alcohol or drugs.