DUI Reporting Act of 2016

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 allocated to that State or unit of local government under the program under subpart 1 of part E of title I of the Omnibus 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 pursuant to subsection (e).

Notice— Not later than 60 days prior to the first day of a fiscal year, the Attorney General shall provide 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 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).

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 available for allocation to the State and units of local government in the State.

Amounts not allocated— After the conclusion of the 90-day period described in subsection (c), amounts not allocated to a State or a unit of local government 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 general fund of the Treasury.

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.

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).