
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 23USC159]

 
                           TITLE 23--HIGHWAYS
 
                     CHAPTER 1--FEDERAL-AID HIGHWAYS
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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) 
    (as in effect on the day before the date of enactment of the 
    Transportation Equity Act for the 21st Century) 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) (as in effect on the day before the 
    date of enactment of the Transportation Equity Act for the 21st 
    Century) 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) (as in effect on the day before the 
            date of enactment of the Transportation Equity Act for the 
            21st Century) 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) (as in effect on the day before the 
            date of enactment of the Transportation Equity Act for the 
            21st Century) 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) (as in effect on the day before 
            the date of enactment of the Transportation Equity Act for 
            the 21st Century) 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) (as in effect on the day before the date of 
        enactment of the Transportation Equity Act for the 21st Century) 
        shall remain available until the end of the fiscal year 
        succeeding the fiscal year in which such funds are apportioned 
        under paragraph (2).
            (B) Funds which would have been originally apportioned under 
        paragraph (1), (3), or (5)(B) (as in effect on the day before 
        the date of enactment of the Transportation Equity Act for the 
        21st Century) 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) (as in effect on 
    the day before the date of enactment of the Transportation Equity 
    Act for the 21st Century), 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) (as in effect on the day 
    before the date of enactment of the Transportation Equity Act for 
    the 21st Century), 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, Sec. 333(a), Oct. 28, 1991, 105 Stat. 
944; amended Pub. L. 102-388, title III, Sec. 327(a), Oct. 6, 1992, 106 
Stat. 1547; Pub. L. 105-178, title I, Sec. 1103(l)(3)(E), June 9, 1998, 
112 Stat. 126.)

                       References in Text

    The date of enactment of the Transportation Equity Act for the 21st 
Century, referred to in subsecs. (a)(1), (2) and (b)(1)(A), (3), (4), is 
the date of enactment of Pub. L. 105-178, which was approved June 9, 
1998.
    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 (Sec. 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

    1998--Subsec. (a)(1), (2). Pub. L. 105-178, Sec. 1103(l)(3)(E)(i), 
substituted ``(5) (as in effect on the day before the date of enactment 
of the Transportation Equity Act for the 21st Century) of'' for ``(5) 
of'' before ``section 104(b)''.
    Subsec. (b)(1)(A)(i). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(I), 
substituted ``section 104(b)(5)(A) (as in effect on the day before the 
date of enactment of the Transportation Equity Act for the 21st 
Century)'' for ``section 104(b)(5)(A)''.
    Subsec. (b)(1)(A)(ii). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(II), 
substituted ``section 104(b)(5)(B) (as in effect on the day before the 
date of enactment of the Transportation Equity Act for the 21st 
Century)'' for ``section 104(b)(5)(B)''.
    Subsec. (b)(1)(A)(iii). Pub. L. 105-178, Sec. 1103(l)(3)(E)(i), 
substituted ``(5) (as in effect on the day before the date of enactment 
of the Transportation Equity Act for the 21st Century) of'' for ``(5) 
of'' before ``section 104(b)''.
    Subsec. (b)(3). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(IV), 
substituted ``section 104(b)(5) (as in effect on the day before the date 
of enactment of the Transportation Equity Act for the 21st Century)'' 
for ``section 104(b)(5)'' in concluding provisions.
    Subsec. (b)(3)(A). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(I), 
substituted ``section 104(b)(5)(A) (as in effect on the day before the 
date of enactment of the Transportation Equity Act for the 21st 
Century)'' for ``section 104(b)(5)(A)''.
    Subsec. (b)(3)(B). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(III), 
substituted ``(5)(B) (as in effect on the day before the date of 
enactment of the Transportation Equity Act for the 21st Century)'' for 
``(5)(B)''.
    Subsec. (b)(4). Pub. L. 105-178, Sec. 1103(l)(3)(E)(ii)(IV), 
substituted ``section 104(b)(5) (as in effect on the day before the date 
of enactment of the Transportation Equity Act for the 21st Century)'' 
for ``section 104(b)(5)''.
    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, Sec. 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.''
