23 U.S.C. § 159 : US Code - Section 159: Revocation or suspension of drivers' licenses of individuals convicted of drug offenses

Search 23 U.S.C. § 159 : US Code - Section 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.