§ 159 TITLE 23—HIGHWAYS Page 138

Subsec. (a)(2). Pub. L. 99–272, §4104(a), (d)(3), (5), added

paragraph heading, realigned margins, and substituted

‘‘each fiscal year after’’ for ‘‘the fiscal year succeeding’’.

Subsec. (a)(3). Pub. L. 99–272, §4104(b), added par. (3).

Subsec. (b). Pub. L. 99–272, §4104(c), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as

follows: ‘‘The Secretary shall promptly apportion to a

State any funds which have been withheld from apportionment under subsection (a) of this section in fiscal

year if in any succeeding fiscal year such State makes

unlawful the purchase or public possession of any alcoholic beverage by a person who is less than twenty-one

years of age.’’

Subsec. (c). Pub. L. 99–272, §4104(d)(6), added subsection heading.

Subsec. (c)(1). Pub. L. 99–514 substituted ‘‘Internal

Revenue Code of 1986’’ for ‘‘Internal Revenue Code of

1954’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 157, 410 of this

title; title 49 section 31301.

§ 159. Revocation or suspension of drivers’ licenses of individuals convicted of drug offenses

(a) WITHHOLDING OF APPORTIONMENTS FOR NONCOMPLIANCE.—

(1) BEGINNING IN FISCAL YEAR 1994.—For each

fiscal year the Secretary shall withhold 5 percent of the amount required to be apportioned

to any State under each of paragraphs (1), (3),

and (5) of section 104(b) on the first day of each

fiscal year which begins after the second calendar year following the effective date of this

section if the State does not meet the requirements of paragraph (3) on such date.

(2) BEGINNING IN FISCAL YEAR 1996.—The Secretary shall withhold 10 percent (including

any amounts withheld under paragraph (1)) of

the amount required to be apportioned to any

State under each of paragraphs (1), (3), and (5)

of section 104(b) on the first day of each fiscal

year which begins after the fourth calendar

year following the effective date of this section if the State does not meet the requirements of paragraph (3) on the first day of such

fiscal year.

(3) REQUIREMENTS.—A State meets the requirements of this paragraph if—

(A) the State has enacted and is enforcing

a law that requires in all circumstances, or

requires in the absence of compelling circumstances warranting an exception—

(i) the revocation, or suspension for at

least 6 months, of the driver’s license of

any individual who is convicted, after the

enactment of such law, of—

(I) any violation of the Controlled Substances Act, or

(II) any drug offense; and

(ii) a delay in the issuance or reinstatement of a driver’s license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver’s license if the individual does not have a driver’s license, or

the driver’s license of the individual is suspended, at the time the individual is so

convicted; or

(B) the Governor of the State—

(i) submits to the Secretary no earlier

than the adjournment sine die of the first

regularly scheduled session of the State’s

legislature which begins after the effective

date of this section a written certification

stating that the Governor is opposed to

the enactment or enforcement in the State

of a law described in subparagraph (A), relating to the revocation, suspension, issuance, or reinstatement of drivers’ licenses

to convicted drug offenders; and

(ii) submits to the Secretary a written

certification that the legislature (including both Houses where applicable) has

adopted a resolution expressing its opposition to a law described in clause (i).

(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE.—

(1) PERIOD OF AVAILABILITY OF WITHHELD

FUNDS.—

(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 1995.—Any funds withheld under subsection (a) from apportionment to any State

on or before September 30, 1995, shall remain

available for apportionment to such State as

follows:

(i) If such funds would have been apportioned under section 104(b)(5)(A) but for

this section, such funds shall remain available until the end of the fiscal year for

which such funds are authorized to be appropriated.

(ii) If such funds would have been apportioned under section 104(b)(5)(B) but for

this section, such funds shall remain available until the end of the second fiscal year

following the fiscal year for which such

funds are authorized to be appropriated.

(iii) If such funds would have been apportioned under paragraph (1), (3), or (5) of

section 104(b) but for this section, such

funds shall remain available until the end

of the third fiscal year following the fiscal

year for which such funds are authorized

to be appropriated.

(B) FUNDS WITHHELD AFTER SEPTEMBER 30,

1995.—No funds withheld under this section

from apportionment to any State after September 30, 1995, shall be available for apportionment to such State.

(2) APPORTIONMENT OF WITHHELD FUNDS

AFTER COMPLIANCE.—If, before the last day of

the period for which funds withheld under subsection (a) from apportionment are to remain

available for apportionment to a State under

paragraph (1), the State meets the requirements of subsection (a)(3), the Secretary shall,

on the first day on which the State meets the

requirements of subsection (a)(3), apportion to

the State the funds withheld under subsection

(a) that remain available for apportionment to

the State.

(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY

APPORTIONED FUNDS.—Any funds apportioned

pursuant to paragraph (2) shall remain available for expenditure as follows:

(A) Funds which would have been originally apportioned under section 104(b)(5)(A)

shall remain available until the end of the

fiscal year succeeding the fiscal year in
Page 139 TITLE 23—HIGHWAYS § 160

which such funds are apportioned under

paragraph (2).

(B) Funds which would have been originally apportioned under paragraph (1), (3), or

(5)(B) of section 104(b) shall remain available

until the end of the third fiscal year succeeding the fiscal year in which such funds

are so apportioned.

Sums not obligated at the end of such period

shall lapse or, in the case of funds apportioned

under section 104(b)(5), shall lapse and be made

available by the Secretary for projects in accordance with section 118(b).

(4) EFFECT OF NONCOMPLIANCE.—If, at the end

of the period for which funds withheld under

subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (a)(3), such funds shall

lapse or, in the case of funds withheld from apportionment under section 104(b)(5), such

funds shall lapse and be made available by the

Secretary for projects in accordance with section 118(b).

(c) DEFINITIONS.—For purposes of this section—

(1) DRIVER’S LICENSE.—The term ‘‘driver’s license’’ means a license issued by a State to

any individual that authorizes the individual

to operate a motor vehicle on highways.

(2) DRUG OFFENSE.—The term ‘‘drug offense’’

means any criminal offense which proscribes—

(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute,

manufacture, cultivate, sell, or transfer any

substance the possession of which is prohibited under the Controlled Substances Act; or

(B) the operation of a motor vehicle under

the influence of such a substance.

(3) CONVICTED.—The term ‘‘convicted’’ includes adjudicated under juvenile proceedings.

(Added Pub. L. 102–143, title III, §333(a), Oct. 28,

1991, 105 Stat. 944; amended Pub. L. 102–388, title

III, §327(a), Oct. 6, 1992, 106 Stat. 1547.)

REFERENCES IN TEXT

The effective date of this section, referred to in subsec. (a)(1), (2), (3)(B)(i), is Nov. 5, 1990. See section 333(e)

of Pub. L. 102–143, set out as a note below.

The Controlled Substances Act, referred to in subsecs. (a)(3)(A)(i)(I) and (c)(2)(A), is title II of Pub. L.

91–513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is

classified principally to subchapter I (§801 et seq.) of

chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title

note set out under section 801 of Title 21 and Tables.

AMENDMENTS

1992—Pub. L. 102–388 amended section generally, substituting ‘‘Beginning in fiscal year 1994’’ for ‘‘After second calendar year’’ as subsec. (a)(1) heading, ‘‘paragraphs (1), (3), and (5)’’ for ‘‘paragraphs (1), (2), (5), and

(6)’’ in subsec. (a)(1) and (2), ‘‘Beginning in fiscal year

1996’’ for ‘‘After fourth calendar year’’ as subsec. (a)(2)

heading, ‘‘paragraph (1), (3), or (5)’’ for ‘‘paragraph (1),

(2), or (6)’’ in subsec. (b)(1)(A)(iii), and ‘‘paragraph (1),

(3), or (5)(B)’’ for ‘‘paragraph (1), (2), (5)(B), or (6)’’ in

subsec. (b)(3)(B).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 327(b) of Pub. L. 102–388 provided that: ‘‘The

amendments made by subsection (a) of this section

[amending this section] shall take effect November 5,

1990.’’

EFFECTIVE DATE

Section 333(e) of Pub. L. 102–143 provided that: ‘‘The

amendments made by subsection (a) of this section [enacting this section] shall take effect November 5, 1990.’’

STUDY ON STATE COMPLIANCE WITH REQUIREMENTS FOR

REVOCATION AND SUSPENSION OF DRIVERS’ LICENSES

Pub. L. 102–240, title I, §1094, Dec. 18, 1991, 105 Stat.

2025, provided that:

‘‘(a) STUDY.—The Secretary shall conduct a study of

State efforts to comply with the provisions of section

333 of the Department of Transportation and Related

Agencies Appropriations Acts, 1991 and 1992 [section 333

of Pub. L. 102–143 (1992 Act) enacted this section and

provisions set out as a note above and repealed section

333 of Pub. L. 101–516 (1991 Act) which amended section

104 of this title and enacted provisions set out as a note

thereunder], relating to revocation and suspension of

drivers’ licenses.

‘‘(b) REPORT.—Not later than December 31, 1992, the

Secretary shall transmit to Congress a report on the

results of the study conducted under this section.’’

§ 160. Reimbursement for segments of the Interstate System constructed without Federal assistance

(a) GENERAL AUTHORITY.—The Secretary shall

allocate to the States in each of fiscal years 1996

and 1997 amounts determined under subsection

(b) for reimbursement of their original contributions to construction of segments of the Interstate System which were constructed without

Federal financial assistance.

(b) DETERMINATION OF REIMBURSEMENT

AMOUNT.—The amount to be reimbursed to a

State in each of fiscal years 1996 and 1997 under

this section shall be determined by multiplying

the amount made available for carrying out this

section for such fiscal year by the reimbursement percentage set forth in the table contained

in subsection (c).

(c) REIMBURSEMENT TABLE.—For purposes of

carrying out this section, the reimbursement

percentage, the original cost for constructing

the Interstate System, and the total reimbursable amount for each State is set forth in the

following table:

States

Original

cost in

millions

Reimbursement

percentage

Reimbursable

amount in

millions

Alabama .................... $9 0.50 $147

Alaska ....................... 0.50 147

Arizona ..................... 20 0.50 147

Arkansas ................... 6 0.50 147

California .................. 298 5.42 1,591

Colorado .................... 23 0.50 147

Connecticut ............... 314 5.71 1,676

Delaware ................... 39 0.71 209

Florida ...................... 31 0.56 164

Georgia ..................... 46 0.84 246

Hawaii ....................... 0.50 147

Idaho ......................... 5 0.50 147

Illinois ...................... 475 8.62 2,533

Indiana ...................... 167 3.03 892

Iowa .......................... 5 0.50 147

Kansas ....................... 101 1.84 540

Kentucky .................. 32 0.57 169

Louisiana .................. 22 0.50 147

Maine ........................ 38 0.69 204

Maryland ................... 154 2.79 820

Massachusetts ........... 283 5.14 1,511