{"identifier":"/us/usc/t23/s159","title":23,"num":"\u00a7\u202f159.","heading":"Revocation or suspension of drivers\u2019 licenses of individuals convicted of drug offenses","text":"\u00a7\u202f159.\nRevocation or suspension of drivers\u2019 licenses of individuals convicted of drug offenses\n(a)\nWithholding of Apportionments for Noncompliance.\u2014\n(1)\nBeginning in fiscal year 1996.\u2014\nThe Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) 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.\n(2)\nFiscal year 2012 and thereafter.\u2014\nThe 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 the first day of each fiscal year beginning after\nSeptember 30, 2011\n(3)\nRequirements.\u2014\nA State meets the requirements of this paragraph if\u2014\n(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\u2014\n(i) the revocation, or suspension for at least 6 months, of the driver\u2019s license of any individual who is convicted, after the enactment of such law, of\u2014\n(I) any violation of the Controlled Substances Act, or\n(II) any drug offense; and\n(ii) a delay in the issuance or reinstatement of a driver\u2019s license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver\u2019s license if the individual does not have a driver\u2019s license, or the driver\u2019s license of the individual is suspended, at the time the individual is so convicted; or\n(B) the Governor of the State\u2014\n(i) submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the State\u2019s legislature which begins after the effective date of this section a written certification stating that the Governor is opposed to the enactment or enforcement in the State of a law described in subparagraph (A), relating to the revocation, suspension, issuance, or reinstatement of drivers\u2019 licenses to convicted drug offenders; and\n(ii) submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i).\n(b)\nEffect of Noncompliance.\u2014\nNo funds withheld under this section from apportionments to any State shall be available for apportionment to that State.\n(c)\nDefinitions.\u2014\nFor purposes of this section\u2014\n(1)\nDriver\u2019s license.\u2014\nThe term \u201cdriver\u2019s license\u201d means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways.\n(2)\nDrug offense.\u2014\nThe term \u201cdrug offense\u201d means any criminal offense which proscribes\u2014\n(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act; or\n(B) the operation of a motor vehicle under the influence of such a substance.\n(3)\nConvicted.\u2014\nThe term \u201cconvicted\u201d includes adjudicated under juvenile proceedings.","url":"https://projectusc.org/usc/t23/s159.html","content":[{"t":"sec","id":"/us/usc/t23/s159","children":[{"t":"num","text":"\u00a7\u202f159."},{"t":"heading","text":"Revocation or suspension of drivers\u2019 licenses of individuals convicted of drug offenses"},{"t":"subsec","id":"/us/usc/t23/s159/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Withholding of Apportionments for Noncompliance.\u2014"},{"t":"para","id":"/us/usc/t23/s159/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Beginning in fiscal year 1996.\u2014"},{"t":"content","text":"The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t23/s159/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Fiscal year 2012 and thereafter.\u2014"},{"t":"content","text":"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 the first day of each fiscal year beginning after ","children":[{"t":"text","text":"September 30, 2011","tail":", if the State fails to meet the requirements of paragraph (3) on the first day of the fiscal year."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t23/s159/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Requirements.\u2014"},{"t":"chapeau","text":"A State meets the requirements of this paragraph if\u2014"},{"t":"subpara","id":"/us/usc/t23/s159/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" 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\u2014"},{"t":"clause","id":"/us/usc/t23/s159/a/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" the revocation, or suspension for at least 6 months, of the driver\u2019s license of any individual who is convicted, after the enactment of such law, of\u2014"},{"t":"subclause","id":"/us/usc/t23/s159/a/3/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" any violation of the Controlled Substances Act, or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t23/s159/a/3/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" any drug offense; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t23/s159/a/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a delay in the issuance or reinstatement of a driver\u2019s license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver\u2019s license if the individual does not have a driver\u2019s license, or the driver\u2019s license of the individual is suspended, at the time the individual is so convicted; or","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t23/s159/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the Governor of the State\u2014"},{"t":"clause","id":"/us/usc/t23/s159/a/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the State\u2019s legislature which begins after the effective date of this section a written certification stating that the Governor is opposed to the enactment or enforcement in the State of a law described in subparagraph (A), relating to the revocation, suspension, issuance, or reinstatement of drivers\u2019 licenses to convicted drug offenders; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t23/s159/a/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t23/s159/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Effect of Noncompliance.\u2014"},{"t":"content","text":"No funds withheld under this section from apportionments to any State shall be available for apportionment to that State.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t23/s159/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"For purposes of this section\u2014"},{"t":"para","id":"/us/usc/t23/s159/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Driver\u2019s license.\u2014"},{"t":"content","text":"The term \u201cdriver\u2019s license\u201d means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t23/s159/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Drug offense.\u2014"},{"t":"chapeau","text":"The term \u201cdrug offense\u201d means any criminal offense which proscribes\u2014"},{"t":"subpara","id":"/us/usc/t23/s159/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t23/s159/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the operation of a motor vehicle under the influence of such a substance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t23/s159/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Convicted.\u2014"},{"t":"content","text":"The term \u201cconvicted\u201d includes adjudicated under juvenile proceedings.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}