§ 159. — Revocation or suspension of drivers' licenses of individuals convicted of drug offenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.''
