§ 158 TITLE 23—HIGHWAYS Page 136

3See References in Text note below.

funds which, but for section 154(f) 3 or 158(a) of

this title or any other provision of law under

which Federal-aid highway funds are withheld

from apportionment, would be apportioned to a

State in a fiscal year under a section referred to

in subsection (a) shall be treated as being apportioned in such year.

(e) In order to carry out this section there is

authorized to be appropriated out of the Highway Trust Fund, other than the Mass Transit

Account, such sums as may be necessary for

each of the fiscal years ending on or after September 30, 1983.

(Added Pub. L. 97–424, title I, §150(a), Jan. 6,

1983, 96 Stat. 2131; amended Pub. L. 99–272, title

IV, §4102(f), Apr. 7, 1986, 100 Stat. 113; Pub. L.

100–17, title I, §§105(h), 124, Apr. 2, 1987, 101 Stat.

144, 164; Pub. L. 102–240, title I, §§1002(h), 1013(a),

(b), Dec. 18, 1991, 105 Stat. 1918, 1940; Pub. L.

103–272, §5(f)(3), July 5, 1994, 108 Stat. 1374.)

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 97–424,

which was approved Jan. 6, 1983.

Section 203 of the Highway Safety Act of 1973, as

amended, referred to in subsec. (a)(1), is section 203 of

Pub. L. 93–87, which is set out as a note under section

130 of this title.

Section 118(b) of this title, referred to in subsec.

(a)(2), was struck out and a new subsec. (b) was added

by Pub. L. 102–240, title I, §1020(a), Dec. 18, 1991, 105

Stat. 1948. Provisions formerly contained in subsec.

(b)(2) of section 118 appear in subsec. (b)(1).

This Act, referred to in subsec. (b), probably means

Pub. L. 97–424, Jan. 6, 1983, 96 Stat. 2097, known as the

Surface Transportation Assistance Act of 1982. For

complete classification of this Act to the Code, see

Short Title of 1983 Amendment note set out under section 101 of this title and Tables.

Section 104(b) of the Highway Improvement Act of

1982, referred to in subsec. (b), is section 104(b) of Pub.

L. 97–424, which is set out as a note under section 104

of this title.

Section 4102(c) of the Consolidated Omnibus Budget

Reconciliation Act of 1985, referred to in subsec. (b), is

section 4102(c) of Pub. L. 99–272, set out as a note under

section 104 of this title.

Section 105(c) of the Federal-Aid Highway Act of 1987,

referred to in subsec. (b), is section 105(c) of Pub. L.

100–17, which is set out as a note under section 104 of

this title.

Section 1002(c) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (b),

is section 1002(c) of Pub. L. 102–240, which is set out as

a note under section 104 of this title.

Section 154 of this title, referred to in subsec. (d), was

repealed by Pub. L. 104–59, title II, §205(d)(1)(B), Nov. 28,

1995, 109 Stat. 577.

AMENDMENTS

1994—Subsec. (a)(2), (3)(A). Pub. L. 103–272 substituted

‘‘section 31104 of title 49’’ for ‘‘section 404 of the Surface

Transportation Assistance Act of 1982’’.

1991—Subsec. (a)(3). Pub. L. 102–240, §1013(a)(1), substituted ‘‘Fiscal years 1989–1991’’ for ‘‘Thereafter’’ in

heading.

Subsec. (a)(3)(A). Pub. L. 102–240, §1013(a)(2), substituted ‘‘, 1990, and 1991’’ for ‘‘and each fiscal year

thereafter,’’.

Subsec. (a)(4). Pub. L. 102–240, §1013(a)(3), added par.

(4).

Subsec. (b). Pub. L. 102–240, §1013(b), substituted ‘‘National Highway, surface transportation program’’ for

‘‘primary, secondary’’, substituted ‘‘congestion mitigation and air quality improvement program’’ for

‘‘urban’’, struck out ‘‘replacement and rehabilitation’’

after ‘‘bridge’’, and inserted after first sentence ‘‘1

⁄2 of

the amounts allocated pursuant to subsection (a) after

September 30, 1991, shall be subject to section 133(d)(3)

of this title.’’

Pub. L. 102–240, §1002(h), inserted before period at end

‘‘and section 1002(c) of the Intermodal Surface Transportation Efficiency Act of 1991’’.

1987—Subsec. (a). Pub. L. 100–17, §124(b), (e), inserted

heading, designated existing provisions as par. (1) and

inserted heading, added pars. (2) and (3), and indented

and aligned par. (1) with pars. (2) and (3).

Subsec. (b). Pub. L. 100–17, §105(h), inserted reference

to section 105(c) of the Federal-Aid Highway Act of

1987.

Subsecs. (c), (d). Pub. L. 100–17, §124(a), added subsecs.

(c) and (d). Former subsec. (c) redesignated (e).

Subsec. (e). Pub. L. 100–17, §124(a), (d), redesignated

former subsec. (c) as (e) and substituted ‘‘on or after

September 30, 1983’’ for ‘‘September 30, 1983, September

30, 1984, September 30, 1985, and September 30, 1986’’.

1986—Subsec. (b). Pub. L. 99–272 inserted ‘‘and section

4102(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985.’’

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240 effective Dec. 18, 1991,

and applicable to funds authorized to be appropriated

or made available after Sept. 30, 1991, and, with certain

exceptions, not applicable to funds appropriated or

made available on or before Sept. 30, 1991, see section

1100 of Pub. L. 102–240, set out as a note under section

104 of this title.

DONOR STATE BONUS AMOUNTS

Section 1013(c) of Pub. L. 102–240 provided that:

‘‘(1) FUNDING.—There are authorized to be appropriated out of the Highway Trust Fund (other than the

Mass Transit Account) for the payment of donor State

bonus amounts the following amounts for the following

fiscal years:

‘‘(A) For fiscal year 1992 $429,000,000.

‘‘(B) For fiscal year 1993 $514,000,000.

‘‘(C) For fiscal year 1994 $514,000,000.

‘‘(D) For fiscal year 1995 $514,000,000.

‘‘(E) For fiscal year 1996 $514,000,000.

‘‘(F) For fiscal year 1997 $515,000,000.

‘‘(2) APPORTIONMENT.—

‘‘(A) FORMULA.—The bonus apportionments which

are provided under this subsection for a fiscal year

shall be apportioned in such a way as to bring each

successive State, or States, with the lowest dollar return on dollar projected to be contributed into the

Highway Trust Fund for such fiscal year, up to the

highest common return on contributed dollar that

can be funded with the annual authorizations provided under this subsection.

‘‘(B) APPLICABILITY OF CHAPTER 1 OF TITLE 23.—

Funds apportioned under this subsection shall be

available for obligation in the same manner and for

the same purposes as if such funds were apportioned

for the surface transportation program under chapter

1 of title 23, United States Code, except that such

funds shall remain available until expended. One-half

of the amounts apportioned under this subsection

shall be subject to section 133(d)(3) of title 23, United

States Code, as added by this Act.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 104 of this title.

§ 158. National minimum drinking age

(a) WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.—

(1) FIRST YEAR.—The Secretary shall withhold 5 per centum of the amount required to
Page 137 TITLE 23—HIGHWAYS § 158

be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6)

of this title on the first day of the fiscal year

succeeding the first fiscal year beginning after

September 30, 1985, in which the purchase or

public possession in such State of any alcoholic beverage by a person who is less than

twenty-one years of age is lawful.

(2) AFTER THE FIRST YEAR.—The Secretary

shall withhold 10 per centum of the amount required to be apportioned to any State under

each of sections 104(b)(1), 104(b)(2), 104(b)(5),

and 104(b)(6) of this title on the first day of

each fiscal year after the second fiscal year beginning after September 30, 1985, in which the

purchase or public possession in such State of

any alcoholic beverage by a person who is less

than twenty-one years of age is lawful.

(3) STATE GRANDFATHER LAW AS COMPLYING.—

If, before the later of (A) October 1, 1986, or (B)

the tenth day following the last day of the

first session the legislature of a State convenes after the date of the enactment of this

paragraph, such State has in effect a law

which makes unlawful the purchase and public

possession in such State of any alcoholic beverage by a person who is less than 21 years of

age (other than any person who is 18 years of

age or older on the day preceding the effective

date of such law and at such time could lawfully purchase or publicly possess any alcoholic beverage in such State), such State shall

be deemed to be in compliance with paragraphs (1) and (2) of this subsection in each fiscal year in which such law is in effect.

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

(1) PERIOD OF AVAILABILITY OF WITHHELD

FUNDS.—

(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 1988.—Any funds withheld under this

section from apportionment to any State on

or before September 30, 1988, shall remain

available for apportionment to such State as

follows:

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

title 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) of this

title 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 section 104(b)(1), 104(b)(2), or

104(b)(6) of this title 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,

1988.—No funds withheld under this section

from apportionment to any State after September 30, 1988, 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 this

section from apportionment are to remain

available for apportionment to a State under

paragraph (1)(A), the State makes effective a

law which is in compliance with subsection

(a), the Secretary shall on the day following

the effective date of such law apportion to

such State the withheld funds remaining

available for apportionment to such 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 apportioned under section

104(b)(5)(A) of this title shall remain available until the end of the fiscal year succeeding the fiscal year in which such funds are so

apportioned.

(B) Funds apportioned under section

104(b)(1), 104(b)(2), 104(b)(5)(B), or 104(b)(6) of

this title 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) of this title, shall lapse

and be made available by the Secretary for

projects in accordance with section 118(b) of

this title.

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

of the period for which funds withheld under

this section from apportionment are available

for apportionment to a State under paragraph

(1), the State has not made effective a law

which is in compliance with subsection (a),

such funds shall lapse or, in the case of funds

withheld from apportionment under section

104(b)(5) of this title, such funds shall lapse

and be made available by the Secretary for

projects in accordance with section 118(b) of

this title.

(c) ALCOHOLIC BEVERAGE DEFINED.—As used in

this section, the term ‘‘alcoholic beverage’’

means—

(1) beer as defined in section 5052(a) of the

Internal Revenue Code of 1986,

(2) wine of not less than one-half of 1 per

centum of alcohol by volume, or

(3) distilled spirits as defined in section

5002(a)(8) of such Code.

(Added Pub. L. 98–363, §6(a), July 17, 1984, 98

Stat. 437; amended Pub. L. 99–272, title IV, §4104,

Apr. 7, 1986, 100 Stat. 114; Pub. L. 99–514, §2, Oct.

22, 1986, 100 Stat. 2095.)

REFERENCES IN TEXT

The date of the enactment of this paragraph, referred

to in subsec. (a)(3), is the date of enactment of Pub. L.

99–272, which was approved Apr. 7, 1986.

The Internal Revenue Code of 1986, referred to in subsec. (c), is set out in Title 26, Internal Revenue Code.

AMENDMENTS

1986—Subsec. (a). Pub. L. 99–272, §4104(d)(1), added

subsection heading.

Subsec. (a)(1). Pub. L. 99–272, §4104(d)(2)–(4), added

paragraph heading, aligned margins, and inserted

‘‘first’’ before ‘‘fiscal year beginning’’.
§ 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