PRIA, Government Policy, Made Personal

Summary

The Secretary will hold back part of a State’s 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. For the Oct. 1 apportionments from 1999 through fiscal year 2011, the Secretary must withhold 10 percent of the amounts the State would get under paragraphs (1), (3), and (4) of section 104(b). For the Oct. 1 apportionments on and after Oct. 1, 2011, the Secretary must withhold 8 percent of the amounts the State would get under paragraphs (1) and (2) of section 104(b). Money withheld on or before Sept. 30, 2000 stays available until the end of the third fiscal year after the fiscal year for which it was authorized. Money withheld after Sept. 30, 2000 is not available for apportionment. If a State starts complying before the end of the availability period, the Secretary must give the State the withheld funds on the first day it complies. Funds given later stay available until the end of the third fiscal year after they are given. If the State is still not in compliance when the availability period ends, the funds lapse.

Title 23, §161

Highways, Source: USLM XML via OLRC

(a)Withholding of Apportionments for Noncompliance.—

(1)Prior to fiscal year 2012.—

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) 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)Fiscal year 2012 and thereafter.—

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)Requirement.—

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)Period of Availability; Effect of Compliance and Noncompliance.—

(1)Period of availability of withheld funds.—

(A)Funds withheld on or before september 30, 2000.—

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)Funds withheld after september 30, 2000.—

No funds withheld under this section from apportionment to any State after September 30, 2000, shall be available for apportionment to the 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 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)Period of availability of subsequently apportioned funds.—

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)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 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