§ 158. — National minimum drinking age.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC158]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 158. National minimum drinking age
(a) Withholding of Funds for Noncompliance.--
(1) In general.--The Secretary shall withhold 10 per centum of
the amount required to be apportioned to any State under each of
sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title on the
first day of each fiscal year after the second fiscal year beginning
after September 30, 1985, in which the purchase or public possession
in such State of any alcoholic beverage by a person who is less than
twenty-one years of age is lawful.
(2) State grandfather law as complying.--If, before the later of
(A) October 1, 1986, or (B) the tenth day following the last day of
the first session the legislature of a State convenes after the date
of the enactment of this paragraph, such State has in effect a law
which makes unlawful the purchase and public possession in such
State of any alcoholic beverage by a person who is less than 21
years of age (other than any person who is 18 years of age or older
on the day preceding the effective date of such law and at such time
could lawfully purchase or publicly possess any alcoholic beverage
in such State), such State shall be deemed to be in compliance with
paragraph (1) in each fiscal year in which such law is in effect.
(b) Effect of Withholding of Funds.--No funds withheld under this
section from apportionment to any State after September 30, 1988, shall
be available for apportionment to that State.
(c) Alcoholic Beverage Defined.--As used in this section, the term
``alcoholic beverage'' means--
(1) beer as defined in section 5052(a) of the Internal Revenue
Code of 1986,
(2) wine of not less than one-half of 1 per centum of alcohol by
volume, or
(3) distilled spirits as defined in section 5002(a)(8) of such
Code.
(Added Pub. L. 98-363, Sec. 6(a), July 17, 1984, 98 Stat. 437; amended
Pub. L. 99-272, title IV, Sec. 4104, Apr. 7, 1986, 100 Stat. 114; Pub.
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 105-178, title
I, Sec. 1103(l)(2), June 9, 1998, 112 Stat. 125.)
References in Text
The date of the enactment of this paragraph, referred to in subsec.
(a)(2), is the date of enactment of Pub. L. 99-272, which was approved
Apr. 7, 1986.
The Internal Revenue Code of 1986, referred to in subsec. (c), is
set out in Title 26, Internal Revenue Code.
Amendments
1998--Subsec. (a)(1). Pub. L. 105-178, Sec. 1103(l)(2)(A)(i)-(iii),
redesignated par. (2) as (1), substituted ``In general'' for ``After the
first year'' in heading and ``104(b)(3), and 104(b)(4)'' for
``104(b)(2), 104(b)(5), and 104(b)(6)'' in text, and struck out former
par. (1) which read as follows:
``(1) First year.--The Secretary shall withhold 5 per centum of the
amount required to be apportioned to any State under each of sections
104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of this title on the
first day of the fiscal year succeeding the first fiscal year beginning
after September 30, 1985, in which the purchase or public possession in
such State of any alcoholic beverage by a person who is less than
twenty-one years of age is lawful.''
Subsec. (a)(2), (3). Pub. L. 105-178, Sec. 1103(l)(2)(A)(ii), (iv),
redesignated par. (3) as (2) and substituted ``paragraph (1)'' for
``paragraphs (1) and (2) of this subsection''. Former par. (2)
redesignated (1).
Subsec. (b). Pub. L. 105-178, Sec. 1103(l)(2)(B), added subsec. (b)
and struck out heading and text of former subsec. (b) which related to
period of availability for apportionment to State of funds withheld by
the Secretary pending State enactment of federally-prescribed minimum
drinking age.
1986--Subsec. (a). Pub. L. 99-272, Sec. 4104(d)(1), added subsection
heading.
Subsec. (a)(1). Pub. L. 99-272, Sec. 4104(d)(2)-(4), added paragraph
heading, aligned margins, and inserted ``first'' before ``fiscal year
beginning''.
Subsec. (a)(2). Pub. L. 99-272, Sec. 4104(a), (d)(3), (5), added
paragraph heading, realigned margins, and substituted ``each fiscal year
after'' for ``the fiscal year succeeding''.
Subsec. (a)(3). Pub. L. 99-272, Sec. 4104(b), added par. (3).
Subsec. (b). Pub. L. 99-272, Sec. 4104(c), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``The
Secretary shall promptly apportion to a State any funds which have been
withheld from apportionment under subsection (a) of this section in
fiscal year if in any succeeding fiscal year such State makes unlawful
the purchase or public possession of any alcoholic beverage by a person
who is less than twenty-one years of age.''
Subsec. (c). Pub. L. 99-272, Sec. 4104(d)(6), added subsection
heading.
Subsec. (c)(1). Pub. L. 99-514 substituted ``Internal Revenue Code
of 1986'' for ``Internal Revenue Code of 1954''.
Section Referred to in Other Sections
This section is referred to in sections 154, 410 of this title;
title 49 section 31301.
