§ 161. — Operation of motor vehicles by intoxicated minors.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 23USC161]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 161. Operation of motor vehicles by intoxicated minors
(a) Withholding of Apportionments for Noncompliance.--
(1) Fiscal year 1999.--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.
(2) Thereafter.--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, 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, Sec. 320(a), Nov. 28, 1995, 109 Stat.
589; amended Pub. L. 105-178, title I, Sec. 1103(l)(3)(F), June 9, 1998,
112 Stat. 126.)
Amendments
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)''.
