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.