§161 — Title 23 Highways | U.S. Code

Summary

The federal government will hold back part of a state’s federal highway money if the state does not have and enforce a law that treats anyone under 21 with a blood alcohol level of 0.02 percent or higher as driving while intoxicated. On October 1, 1999 and each October 1 through fiscal year 2011, 10 percent of certain apportioned highway funds will be held back. On October 1, 2011 and each October 1 after that, 8 percent of other specified apportioned highway funds will be held back. Money held back on or before September 30, 2000 stays available until the end of the third fiscal year after the fiscal year for which that money was approved. Money held back after September 30, 2000 will not be available to give to the state. If a state fixes the law before the end of the availability period, the Secretary must give the remaining available held funds to the state on the day the state meets the rule. Any funds given back can be spent until the end of the third fiscal year after they were returned. If the state still does not meet the rule when the availability period ends, the held funds are lost.

Title 23, §161

Highways — Source: USLM XML via OLRC

(a)(1)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 (4) of section 104(b) 11 See References in Text note below. on October 1, 1999, and on October 1 of each fiscal year thereafter through fiscal year 2011, if the State does not meet the requirement of paragraph (3) on that date.

(2)The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs (1) and (2) of section 104(b) on October 1, 2011, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that date.

(3)A State meets the requirement of this paragraph if the State has enacted and is enforcing a law that considers an individual under the age of 21 who has a blood alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the State to be driving while intoxicated or driving under the influence of alcohol.

(b)(1)(A)Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2000, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated.

(B)No funds withheld under this section from apportionment to any State after September 30, 2000, shall be available for apportionment to the State.

(2)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 requirement of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirement, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State.

(3)Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated at the end of that period shall lapse.

(4)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 requirement of subsection (a)(3), the funds shall lapse.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 104, referred to in subsec. (a)(1), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427.

Amendments

2012—Subsec. (a)(1), (2). Pub. L. 112–141 redesignated par. (2) as (1), substituted “Prior to fiscal year 2012” for “Thereafter” in par. heading, inserted “through fiscal year 2011” after “each fiscal year thereafter” in text, added par. (2), and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 1998, if the State does not meet the requirement of paragraph (3) on that date.” 1998—Subsec. (a)(1), (2). Pub. L. 105–178 substituted “paragraphs (1), (3), and (4) of section 104(b)” for “paragraphs (1), (3), and (5)(B) of section 104(b)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

§161 Operation of Motor Vehicles by Intoxicated Minors