United States Code

1991], were reduced or reserved from obligation for reason of noncompliance under section 154(f) during said fiscal year."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 101-516, title III, § 331, Nov. 5, 1990, 104 Stat. 2184.

DEMONSTRATION PROGRAM FOR SIXTY-FIVE MPH
SPEED LIMIT

Pub. L. 100-202, § 101(7) [title III, § 329], Dec. 22, 1987, 101 Stat. 1329-358, 1329-383, provided that:

“(a) Any project approval under section 106 of title 23, United States Code, shall not be withheld under sections 154(a) and 141(a) of title 23, United States Code, in fiscal years 1988, 1989, 1990, and 1991 with respect to a highway located in a State eligible under subsection (b), having a maximum speed limit of not more than sixty-five miles per hour and located outside an urbanized area of fifty thousand population, which is

"(1) constructed to interstate standards in accordance with section 109(b) of title 23, United States Code and connected to an Interstate highway posted at sixty-five miles per hour;

"(2) a divided four-lane fully controlled access highway designed or constructed to connect to an Interstate highway posted at sixty-five miles per hour and constructed to design and construction standards as determined by the Secretary of Transportation which provide a facility adequate for a speed limit of sixty-five miles per hour; or

"(3) constructed to the geometric and construction standards adequate for current and probable future traffic demands and for the needs of the locality and is designated by the Secretary of Transportation as part of the Interstate System in accordance with section 139(c) of title 23, United States Code.

"(b) Participation in the demonstration program authorized by this section is available only to the first twenty States that post maximum speed limits of sixty-five miles per hour before July 1, 1988, in accordance with the requirements of subsection (a).” STUDY OF BENEFITS OF 55 M.P.H. NATIONAL MAXIMUM SPEED LIMIT

Pub. L. 97-424, title II, § 204, Jan. 6, 1983, 96 Stat. 2138, directed Secretary of Transportation to undertake to enter into appropriate arrangements with National Academy of Sciences to conduct a comprehensive study and investigation of (1) the benefits, both human and economic, of lowered speeds due to enactment of 55 mile per hour National Maximum Speed Limit, with particular attention to savings to taxpayers, and (2) whether the laws of each State constitute a substantial deterrent to violations of maximum speed limit on public highways within such State. In entering into any arrangement with National Academy of Sciences for conducting such study and investigation, Secretary was to request National Academy of Sciences to report to Secretary and Congress not later than twelve months after Jan. 6, 1983, on results of such study and investigation, together with its recommendations, with Secretary to furnish to such Academy at its request any information it deemed necessary for the purpose of conducting the investigation and study.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 141, 153, 157, 410 of this title.

$155. Access highways to public recreation areas on certain lakes

(a) The Secretary is authorized to construct or reconstruct access highways to public recreation areas on lakes in order to accommodate present and projected traffic density. The Secretary shall develop guidelines and standards

for the designation of routes and the allocation of funds for the purpose of this section which shall include the following criteria:

(1) No portion of any access highway constructed or reconstructed under this section shall exceed thirty-five miles in length nor shall any portion of such highway be located more than thirty-five miles from the nearest part of such recreation area.

(2) Routes shall be designated by the Secretary on the recommendation of the State and responsible local officials, after consultation with the head of the Federal agency (if any) having jurisdiction over the public recreation area involved.

(b) The Federal share payable on account of any project authorized pursuant to this section shall not exceed 75 per centum of the cost of construction or reconstruction of such project.

(c) All of the provisions of this title applicable to highways on the Federal-aid system (other than the Interstate System) determined appropriate by the Secretary, except those provisions which the Secretary determines are inconsistent with this section, shall apply to any highway designated under this section which is not a part of the Federal-aid system when so designated.

(d) For the purpose of this section the term "lake" means any lake, reservoir, pool, or other body of water resulting from the construction of any lock, dam, or similar structure by the Corps of Engineers, Department of the Army, or the Bureau of Reclamation, Department of the Interior, or the Tennessee Valley Authority, and any multipurpose lake resulting from construction assistance of the Soil Conservation Service, Department of Agriculture. This section shall apply to lakes heretofore or hereafter constructed or authorized for construction.

(e) There is authorized to be appropriated not to exceed $25,000,000 for the fiscal year 1976 to carry out this section. Amounts authorized by this subsection for a fiscal year shall be available for that fiscal year and for the two succeeding fiscal years.

(Added Pub. L. 93-643, § 115(a), Jan. 4, 1975, 88 Stat. 2287; amended Pub. L. 95-599, title I, § 129(e), Nov. 6, 1978, 92 Stat. 2708.)

AMENDMENTS

1978-Subsec. (b). Pub. L. 95-599 substituted "75 per centum" for "70 per centum".

EFFECTIVE Date of 1978 AMENDMENT Amendment by Pub. L. 95-599 effective with respect to obligations incurred after Nov. 6, 1978, see section 129(h) of Pub. L. 95-599, set out as a note under section 120 of this title.

APPROPRIATIONS; RESCISSION OF APPROPRIATIONS
AUTHORIZATION

Pub. L. 94-134, title I, § 101, Nov. 24, 1975, 89 Stat. 703, appropriated in part: "For necessary expenses not otherwise provided, to carry out the provisions of section 115(a), 'Federal-Aid Highway Amendments of 1974 [this section]'; $10,000,000, to remain available until September 30 1978: Provided, That any authority to incur obligations granted by section 115 of the Federal-Aid Highway Amendments of 1974 [subsec. (e) of this section] is hereby rescinded."

§ 156. Income from airspace rights-of-way

Subject to section 142(f), States shall charge, as a minimum, fair market value, with exceptions granted at the discretion of the Secretary for social, environmental, and economic mitigation purposes, for the sale, use, lease, or lease renewals (other than for utility use and occupancy or for transportation projects eligible for assistance under this title) of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Trust Fund (other than the Mass Transit Account). This section applies to new airspace usage proposals, renewals of prior agreements, arrangements, or leases entered into by the State after the date of the enactment of the Federal-Aid Highway Act of 1987. The Federal share of net income from the revenues obtained by the State for sales, uses, or leases (including lease renewals) under this section shall be used by the State for projects eligible under this title.

(Added Pub. L. 100-17, title I, § 126(a), Apr. 2, 1987, 101 Stat. 167; amended Pub. L. 102-240, title I, § 1027(f), Dec. 18, 1991, 105 Stat. 1967.)

REFERENCES IN TEXT

The date of the enactment of the Federal-Aid Highway Act of 1987, referred to in text, is the date of enactment of title I of Pub. L. 100-17, which was approved Apr. 2, 1987.

PRIOR PROVISIONS

A prior section 156, added Pub. L. 94-280, title I, § 132(a), May 5, 1976, 90 Stat. 441, authorized the Secretary to construct or reconstruct any public highway or highway bridge across any Federal public works project, specified conditions under which such work may be done, and authorized appropriations for such work of $100,000,000 to be available in the fiscal year in which appropriated and for the two succeeding fiscal years, prior to repeal by Pub. L. 100-17, title I, § 126(a), Apr. 2, 1987, 101 Stat. 167.

AMENDMENTS

1991-Pub. L. 102-240 substituted "Subject to section 142(f), States shall" for "States shall”.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a note under section 104 of this title.

§ 157. Minimum allocation

(a) GENERAL RULES.

(1) FISCAL YEARS 1984-1987.-In the fiscal year ending September 30, 1983, as soon as practicable after the date of enactment of this Act, and in each of the fiscal years ending September 30, 1984, September 30, 1985, and September 30, 1986, on October 1, the Secretary of Transportation shall allocate among the States, as defined in section 101 of this title amounts sufficient to insure that a State's percentage of the total apportionments in each such fiscal year of Interstate highway substitute, primary, secondary,

Interstate, urban, bridge replacement and rehabilitation, hazard elimination, and railhighway crossings funds under sections 103(e)(4), 104(b), 144, and 152 of this title and section 203 of the Highway Safety Act of 1973, as amended, shall not be less than 85 per centum of the percentage of estimated tax payments attributable to highway users in that State paid into the Highway Trust Fund, other than the Mass Transit Account, in the latest fiscal year for which data is available.

(2) FISCAL YEARS 1987 AND 1988.-In fiscal years 1987 and 1988, on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Federal-aid highway programs (except allocations for emergency relief in accordance with section 125 of this title, the Interstate construction discretionary program in accordance with section 118(b)(2)1 of this title, forest highways, Indian reservation roads, and parkways and park roads in accordance with section 202 of this title, highway related safety grants authorized by section 402 of this title, nonconstruction safety grants authorized by sections 402, 406, and 408 of this title, and Bureau of Motor Carrier Safety Grants authorized by section 31104 of title 49) shall not be less than 85 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund, other than the Mass Transit Account, in the latest fiscal year for which data are available.

(3) FISCAL YEARS 1989-1991.

(A) GENERAL RULE.-In fiscal year 2 1989, 1990, and 1991 on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Federal-aid highway programs (except allocations for forest highways, Indian reservation roads, and parkways and park roads in accordance with section 202 of this title, highway related safety grants authorized by section 402 of this title, nonconstruction safety grants authorized by sections 402, 406, and 408 of this title, and Bureau of Motor Carrier Safety Grants authorized by section 31104 of title 49) shall not be less than 85 percent of the percentage of estimated tax payments attributable to highway users in the State, paid into the Highway Trust Fund, other than the Mass Transit Account, in the latest fiscal year for which data are available.

(B) EXCEPTION FOR FISCAL YEAR 1989.-Notwithstanding subparagraph (A), the amount allocated to the State of California under this paragraph in fiscal year 1989 shall be

'See References in Text note below.

* So in original. Probably should be "years".

the amount which would be allocated to such State under this subsection if paragraph (2) were in effect for such fiscal year. (4) THEREAFTER.-In fiscal year 1992 and each fiscal year thereafter on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Interstate construction, Interstate maintenance, Interstate highway substitute, National Highway System, surface transportation program, bridge program, scenic byways, and grants for safety belts and motorcycle helmets shall not be less than 90 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund, other than the Mass Transit Account, in the latest fiscal year for which data are available.

(b) Amounts allocated pursuant to subsection (a) of this section shall be available for obligation when allocated for the year authorized plus the three succeeding fiscal years, shall be subject to the provisions of this title 23 and may be obligated for Interstate highway substitute, National Highway, surface transportation program, Interstate, congestion mitigation and air quality improvement program, bridge, hazard elimination, and rail-highway crossings projects. 1⁄2 of the amounts allocated pursuant to subsection (a) after September 30, 1991, shall be subject to section 133(d)(3) of this title. Obligation limitations for Federal-aid highways and highway safety construction programs established by this Act or any subsequent Act shall not apply to obligations made under this section, except where the provision of law establishing such limitation specifically amends or limits the applicability of this sentence. Sums allocated pursuant to this section shall not be considered to be sums allocated for purposes of section 104(b) of the Highway Improvement Act of 1982 and section 4102(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985 and section 105(c) of the Federal-Aid Highway Act of 1987 and section 1002(c) of the Intermodal Surface Transportation Efficiency Act of 1991.

(c) LIMITATION ON PLANNING EXPENDITURES.— One-half of 1 percent of amounts allocated to each State under this section in any fiscal year may be available for expenditure for the purpose of carrying out the requirements of section 134 of this title (relating to transportation planning). 11⁄2 percent of the amounts allocated to each State under this section in any fiscal year may be available for expenditure for the purpose of carrying out activities referred to in subsection (c) of section 307 of this title (relating to transportation planning and research).

(d) TREATMENT OF WITHHELD APPORTIONMENTS.-For purposes of subsection (a), any funds which, but for section 154(f) or 158(a) of this title or any other provision of law under which Federal-aid highway funds are withheld from apportionment, would be apportioned to a State in a fiscal year under a section referred to in subsection (a) shall be treated as being apportioned in such year.

(e) In order to carry out this section there is authorized to be appropriated out of the Highway Trust Fund, other than the Mass Transit Account, such sums as may be necessary for each of the fiscal years ending on or after September 30, 1983.

(Added Pub. L. 97-424, title I, § 150(a), Jan. 6, 1983, 96 Stat. 2131; amended Pub. L. 99-272, title IV, 4102(f), Apr. 7, 1986, 100 Stat. 113; Pub. L. 100-17, title I, §§ 105(h), 124, Apr. 2, 1987, 101 Stat. 144, 164; Pub. L. 102-240, title I, §§ 1002(h), 1013(a), (b), Dec. 18, 1991, 105 Stat. 1918, 1940; Pub. L. 103-272, § 5(f)(3), July 5, 1994, 108 Stat. 1374.)

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 97-424, which was approved Jan. 6, 1983.

Section 203 of the Highway Safety Act of 1973, as amended, referred to in subsec. (a)(1), is section 203 of Pub. L. 93-87, which is set out as a note under section 130 of this title.

Section 118(b) of this title, referred to in subsec. (a)(2), was struck out and a new subsec. (b) was added by Pub. L. 102-240, title I, § 1020(a), Dec. 18, 1991, 105 Stat. 1948. Provisions formerly contained in subsec. (b)(2) of section 118 appear in subsec. (b)(1).

This Act, referred to in subsec. (b), probably means Pub. L. 97-424, Jan. 6, 1983, 96 Stat. 2097, known as the Surface Transportation Assistance Act of 1982. For complete classification of this Act to the Code, see Short Title of 1983 Amendment note set out under section 101 of this title and Tables.

Section 104(b) of the Highway Improvement Act of 1982, referred to in subsec. (b), is section 104(b) of Pub. L. 97-424, which is set out as a note under section 104 of this title.

Section 4102(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985, referred to in subsec. (b), is section 4102(c) of Pub. L. 99-272, set out as a note under section 104 of this title.

Section 105(c) of the Federal-Aid Highway Act of 1987, referred to in subsec. (b), is section 105(c) of Pub. L. 100-17, which is set out as a note under section 104 of this title.

Section 1002(c) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (b), is section 1002(c) of Pub. L. 102-240, which is set out as a note under section 104 of this title.

AMENDMENTS

1994-Subsec. (a)(2), (3)(A). Pub. L. 103-272 substituted "section 31104 of title 49" for "section 404 of the Surface Transportation Assistance Act of 1982".

1991-Subsec. (a)(3). Pub. L. 102-240, § 1013(a)(1), substituted "Fiscal years 1989-1991" for “Thereafter" in heading.

Subsec. (a)(3)(A). Pub. L. 102–240, § 1013(a)(2), substituted", 1990, and 1991” for “and each fiscal year thereafter,".

Subsec. (a)(4). Pub. L. 102-240, § 1013(a)(3), added par. (4).

Subsec. (b). Pub. L. 102-240, § 1013(b), substituted "National Highway, surface transportation program” for "primary, secondary", substituted "congestion mitigation and air quality improvement program” for "urban", struck out "replacement and rehabilitation" after "bridge", and inserted after first sentence "1⁄2 of the amounts allocated pursuant to subsection (a) after September 30, 1991, shall be subject to section 133(d)(3) of this title."

Pub. L. 102-240, § 1002(h), inserted before period at end "and section 1002(c) of the Intermodal Surface Transportation Efficiency Act of 1991".

1987-Subsec. (a). Pub. L. 100-17, § 124(b), (e), inserted heading, designated existing provisions as par. (1) and inserted heading, added pars. (2) and (3), and indented and aligned par. (1) with pars. (2) and (3). Subsec. (b). Pub. L. 100-17, § 105(h), inserted reference to section 105(c) of the Federal-Aid Highway Act of 1987.

Subsecs. (c), (d). Pub. L. 100-17, § 124(a), added subsecs. (c) and (d). Former subsec. (c) redesignated (e).

Subsec. (e). Pub. L. 100-17, § 124(a), (d), redesignated former subsec. (c) as (e) and substituted "on or after September 30, 1983" for "September 30, 1983, September-30, 1984, September 30, 1985, and September 30, 1986".

1986 Subsec. (b). Pub. L. 99-272 inserted "and section 4102(c) of the Consolidated Omnibus Budget Reconciliation Act of 1985."

EFFECTIVE DATE OF 1991 AMENDMENT

DONOR STATE BONUS AMOUNTS

Section 1013(c) of Pub. L. 102-240 provided that: "(1) FUNDING.-There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the payment of donor State bonus amounts the following amounts for the following fiscal years:

"(A) For fiscal year 1992 $429,000,000. "(B) For fiscal year 1993 $514,000,000. "(C) For fiscal year 1994 $514,000,000. "(D) For fiscal year 1995 $514,000,000. "(E) For fiscal year 1996 $514,000,000. "(F) For fiscal year 1997 $515,000,000. "(2) APPORTIONMENT.—

"(A) FORMULA.-The bonus apportionments which are provided under this subsection for a fiscal year shall be apportioned in such a way as to bring each successive State, or States, with the lowest dollar return on dollar projected to be contributed into the Highway Trust Fund for such fiscal year, up to the highest common return on contributed dollar that can be funded with the annual authorizations provided under this subsection.

"(B) APPLICABILITY OF CHAPTER 1 OF TITLE 23.Funds apportioned under this subsection shall be available for obligation in the same manner and for the same purposes as if such funds were apportioned for the surface transportation program under chapter 1 of title 23, United States Code, except that such funds shall remain available until expended. One-half of the amounts apportioned under this subsection shall be subject to section 133(d)(3) of title 23, United States Code, as added by this Act." SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 104 of this title.

§ 158. National minimum drinking age

(a) WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.

(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.

(2) AFTER THE FIRST YEAR.-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)(2), 104(b)(5), and 104(b)(6) 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.

(3) 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 paragraphs (1) and (2) of this subsection in each fiscal year in which such law is in effect.

(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE.—

(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS.

(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 1988.-Any funds withheld under this section from apportionment to any State on or before September 30, 1988, shall remain available for apportionment to such State as follows:

(i) If such funds would have been apportioned under section 104(b)(5)(A) of this title but for this section, such funds shall remain available until the end of the fiscal year for which such funds are authorized to be appropriated.

(ii) If such funds would have been apportioned under section 104(b)(5)(B) of this title but for this section, such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated.

(iii) If such funds would have been apportioned under section 104(b)(1), 104(b)(2), or 104(b)(6) of this title but for this section, such funds shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated.

(B) FUNDS WITHHELD AFTER SEPTEMBER 30, 1988. No funds withheld under this section from apportionment to any State after September 30, 1988, shall be available for apportionment to such State.

(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLIANCE.—If, before the last day of the period for which funds withheld under this section from apportionment are to

remain available for apportionment to a State under paragraph (1)(A), the State makes effective a law which is in compliance with subsection (a), the Secretary shall on the day following the effective date of such law apportion to such State the withheld funds remaining available for apportionment to such State. (3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS.-Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure as follows:

(A) Funds apportioned under section 104(b)(5)(A) of this title shall remain available until the end of the fiscal year succeeding the fiscal year in which such funds are so apportioned.

(B) Funds apportioned under section 104(b)(1), 104(b)(2), 104(b)(5)(B), 104(b)(6) of this title shall remain available until the end of the third fiscal year succeeding the fiscal year in which such funds are so apportioned.

Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5) of this title, shall lapse and be made available by the Secretary for projects in accordance with section 118(b) of this title.

(4) EFFECT OF NONCOMPLIANCE.-If, at the end of the period for which funds withheld under this section from apportionment are available for apportionment to a State under paragraph (1), the State has not made effective a law which is in compliance with subsection (a), such funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5) of this title, such funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b) of this title.

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, § 6(a), July 17, 1984, 98 Stat. 437; amended Pub. L. 99-272, title IV, § 4104, Apr. 7, 1986, 100 Stat. 114; Pub. L. 99-514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

REFERENCES IN TEXT

The date of the enactment of this paragraph, referred to in subsec. (a)(3), 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

1986-Subsec. (a). Pub. L. 99-272, § 4104(d)(1), added subsection heading.

Subsec. (a)(1). Pub. L. 99–272, § 4104(d)(2)–(4), added paragraph heading, aligned margins, and inserted "first" before "fiscal year beginning".

Subsec. (a)(2). Pub. L. 99-272, § 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, § 4104(b), added par.

(3).

Subsec. (b). Pub. L. 99-272, 84104(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, § 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 157, 410 of this title; title 49 section 31301.

§ 159. Revocation or suspension of drivers' licenses of individuals convicted of drug offenses

(a) WITHHOLDING OF APPORTIONMENTS FOR

NONCOMPLIANCE.—

(1) BEGINNING IN FISCAL YEAR 1994.-For each fiscal year the Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) of section 104(b) on the first day of each fiscal year which begins after the second calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on such date.

(2) BEGINNING IN FISCAL YEAR 1996.-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 (5) of section 104(b) on the first day of each fiscal year which begins after the fourth calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year.

(3) REQUIREMENTS.-A State meets the requirements of this paragraph if—

(A) the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception

(i) the revocation, or suspension for at least 6 months, of the driver's license of any individual who is convicted, after the enactment of such law, of—

(I) any violation of the Controlled Substances Act, or

(II) any drug offense; and

(ii) a delay in the issuance or reinstatement of a driver's license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver's license if the individual does not have a driver's license, or the driver's license of the individual is suspended, at the time the individual is so convicted; or

(B) the Governor of the State

(i) submits to the Secretary no earlier than the adjournment sine die of the first

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