I 

108TH CONGRESS 

1ST SESSION H. R. 2923

To amend title 23, United States Code, to require periodic testing of the 

competency of drivers over age 79, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2003

Mr. ACKERMAN introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL

To amend title 23, United States Code, to require periodic 

testing of the competency of drivers over age 79, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TESTING OF OLDER DRIVERS. 

4 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

5 23, United States Code, is amended by adding at the end 

6 the following: 

7 ‘‘§ 165. Testing of older drivers 

8 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON9 COMPLIANCE.—
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1 ‘‘(1) FISCAL YEAR 2006.—The Secretary shall 

2 withhold 5 percent of the amount required to be ap3 portioned to any State under each of paragraphs 

4 (1), (3), and (4) of section 104(b) on October 1, 

5 2005, if the State does not meet the requirement of 

6 paragraph (3) on that date. 

7 ‘‘(2) THEREAFTER.—The Secretary shall with8 hold 10 percent of the amount required to be appor9 tioned to any State under each of paragraphs (1), 

10 (3), and (4) of section 104(b) on October 1, 2006, 

11 and on October 1 of each fiscal year thereafter, if 

12 the State does not meet the requirement of para13 graph (3) on that date. 

14 ‘‘(3) MINIMUM REQUIREMENT.—A State meets 

15 the requirement of this paragraph if the State re16 quires that any individual over age 79 successfully 

17 complete a test to determine the competency of the 

18 individual to operate a motor vehicle as a condition 

19 of issuing a driver’s license to the individual or re20 newing the driver’s license of the individual. 

21 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI22 ANCE AND NONCOMPLIANCE.—

23 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

24 FUNDS.—
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1 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

2 SEPTEMBER 30, 2007.—Any funds withheld 

3 under subsection (a) from apportionment to any 

4 State on or before September 30, 2007, shall 

5 remain available until the end of the third fiscal 

6 year following the fiscal year for which the 

7 funds are authorized to be appropriated. 

8 ‘‘(B) FUNDS WITHHELD AFTER SEP9 TEMBER 30, 2007.—No funds withheld under 

10 this section from apportionment to any State 

11 after September 30, 2007, shall be available for 

12 apportionment to the State. 

13 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

14 AFTER COMPLIANCE.—If, before the last day of the 

15 period for which funds withheld under subsection (a) 

16 from apportionment are to remain available for ap17 portionment to a State under paragraph (1), the 

18 State meets the requirement of subsection (a)(3), 

19 the Secretary shall, on the first day on which the 

20 State meets the requirement, apportion to the State 

21 the funds withheld under subsection (a) that remain 

22 available for apportionment to the State. 

23 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE24 QUENTLY APPORTIONED FUNDS.—Any funds appor25 tioned pursuant to paragraph (2) shall remain avail-
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1 able for expenditure until the end of the third fiscal 

2 year following the fiscal year in which the funds are 

3 so apportioned. Sums not obligated at the end of 

4 that period shall lapse. 

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

6 end of the period for which funds withheld under 

7 subsection (a) from apportionment are available for 

8 apportionment to a State under paragraph (1), the 

9 State does not meet the requirement of subsection 

10 (a)(3), the funds shall lapse.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 1 of title 23, United States Code, is amended by 

13 inserting after the item relating to section 164 the fol14 lowing:

‘‘165. Testing of older drivers.’’.

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