DUI Reporting Act of 2019

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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘DUI Reporting Act 4 of 2019’’. 5 SEC. 2. IMPAIRED DRIVING COUNTERMEASURES. 6 Section 405(d) of title 23, United States Code, is 7 amended by adding at the end the following: 8 ‘‘(8) SPECIAL RULES RELATING TO DUI RE- 9 PORTING.— 10 VerDate Sep 11 2014 18:33 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1914.IH H1914 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1914 IH ‘‘(A) IN GENERAL.—Notwithstanding any 1 other provision of this subsection, the Secretary 2 shall withhold from a State, in accordance with 3 this paragraph, each grant under this sub- 4 section for a fiscal year if the State does not 5 appear on the most recent list provided to the 6 Secretary under subparagraph (B)(ii)(I). 7 ‘‘(B) LIST.— 8 ‘‘(i) REQUIREMENT.—The Attorney 9 General shall provide to the Secretary a 10 list identifying each State that, in the de- 11 termination of the Attorney General, is en- 12 suring, through law or policy, that all 13 State and local law enforcement agencies 14 in that State are appropriately reporting 15 covered arrests to the appropriate Federal 16 repository (which the Attorney General 17 may determine to be the National Crime 18 Information Center or the Next Generation 19 Identification system). 20 ‘‘(ii) TIMING.—Each year, the Attor- 21 ney General shall provide the list required 22 under clause (i)— 23 ‘‘(I) during the 30-day period 24 ending on September 30; and 25 VerDate Sep 11 2014 18:33 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1914.IH H1914 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1914 IH ‘‘(II) on the date that is 90 days 1 after the date on which the list is pro- 2 vided pursuant to subclause (I). 3 ‘‘(iii) AVAILABILITY TO THE PUB- 4 LIC.—The Attorney General shall make 5 available to the public on an appropriate 6 Federal website each list provided to the 7 Secretary under this subparagraph. 8 ‘‘(C) WITHHOLDING.— 9 ‘‘(i) IN GENERAL.—The Secretary 10 shall withhold grants under subparagraph 11 (A) in accordance with the following: 12 ‘‘(I) If the applicable State is 13 subject to withholding under subpara- 14 graph (A) for the first time, the Sec- 15 retary shall withhold 25 percent of the 16 amount of the grant that would other- 17 wise be made available to the State. 18 ‘‘(II) If the applicable State is 19 subject to withholding under subpara- 20 graph (A) for the second time, the 21 Secretary shall withhold 50 percent of 22 the amount of the grant that would 23 otherwise be made available to the 24 State. 25 VerDate Sep 11 2014 18:33 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1914.IH H1914 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1914 IH ‘‘(III) If the applicable State is 1 subject to withholding under subpara- 2 graph (A) for the third time (or 3 more), the Secretary shall withhold 4 100 percent of the amount of the 5 grant that would otherwise be made 6 available to the State. 7 ‘‘(ii) FIRST YEAR WARNINGS.— 8 ‘‘(I) NO WITHHOLDING.—During 9 the first fiscal year with respect to 10 which the Secretary may withhold 11 grant amounts under subparagraph 12 (A), the Secretary, notwithstanding 13 such subparagraph, shall not withhold 14 any grant amounts from any State 15 under such subparagraph. 16 ‘‘(II) WARNINGS.—The Secretary 17 shall notify each State that would 18 have been subject to withholding 19 under subparagraph (A), if not for 20 this clause, and such notice shall not 21 be treated as a withholding for pur- 22 poses of clause (i) of this subpara- 23 graph. 24 VerDate Sep 11 2014 18:33 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1914.IH H1914 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1914 IH ‘‘(D) AVAILABILITY OF WITHHELD 1 AMOUNTS.— 2 ‘‘(i) IN GENERAL.—Amounts withheld 3 from a State under subparagraph (A) shall 4 remain available to be provided to the 5 State until the end of the 90-day period 6 beginning on the date of the withholding. 7 ‘‘(ii) RETURN TO COMPLIANCE.—At 8 the end of a 90-day period described in 9 clause (i), if the applicable State appears 10 on the most recent list provided under sub- 11 paragraph (B)(ii)(II), amounts withheld 12 from the State shall be provided to the 13 State. 14 ‘‘(iii) CONTINUED NONCOMPLIANCE.— 15 At the end of a 90-day period described in 16 clause (i), if the applicable State does not 17 appear on the most recent list provided 18 under subparagraph (B)(ii)(II), amounts 19 withheld from the State shall be reallo- 20 cated consistent with subsection (a)(8). 21 ‘‘(E) USE OF GRANTS.—Notwithstanding 22 any other provision of this subsection, a State 23 that receives a grant under this subsection may 24 VerDate Sep 11 2014 18:33 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1914.IH H1914 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1914 IH use grant amounts for costs associated with re- 1 porting covered arrests. 2 ‘‘(F) COVERED ARRESTS DEFINED.—In 3 this paragraph, the term ‘covered arrests’ 4 means arrests for offenses involving driving 5 under the influence of, or while intoxicated by, 6 alcohol or drugs. 7 ‘‘(G) APPLICABILITY.—This paragraph 8 shall apply to the second fiscal year beginning 9 after the date of enactment of this paragraph 10 and each fiscal year thereafter.’’. 11 Æ VerDate Sep 11 2014 18:33 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1914.IH H1914 pamtmann on DSKBFK8HB2PROD with BILLS