23-U.S.C.-161
§161 – Operation of Motor Vehicles By Intoxicated Minors
Pathway
Title 23 > Chapter 1 > Section 161
Details
- Reference: Section 161
- Legend: §161 – Operation of Motor Vehicles By Intoxicated Minors
- USCode Year: 2013
Provision Content
(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.
(Added Pub. L. 104–59, title III, §320(a), Nov. 28, 1995, 109 Stat. 589; amended Pub. L. 105–178, title I, §1103(l)(3)(F), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, §1404(h), July 6, 2012, 126 Stat. 559.)
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).
Effective Date of 2012 Amendment
Amendment 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.
U.S. Encyclopedia of Law Coverage
23-U.S.C.-159 in the Legal Encyclopedia: Highways
In this entry about 23-U.S.C.-159, find legal reference material, bibliographies and premiere content related to highways in the American Encyclopedia of Law, presenting a comprehensive view of the United States highways-specific issues, written by authorities in the field.
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