H.R. 3051 — To amend title 23, United States Code, relating to suspension of drivers' licenses of persons convicted of drug offenses.

 
HR 3051 IH
101st CONGRESS
1st Session
 H. R. 3051
To amend title 23, United States Code, relating to suspension of drivers'
licenses of persons convicted of drug offenses.
IN THE HOUSE OF REPRESENTATIVES
July 28, 1989
Mr. SOLOMON introduced the following bill; which was referred to the Committee
on Public Works and Transportation
A BILL
To amend title 23, United States Code, relating to suspension of drivers'
licenses of persons convicted of drug offenses.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. DRIVER'S LICENSE SUSPENSION FOR DRUG OFFENSE CONVICTION.
  (a) GENERAL RULE- Chapter 1 of title 23, United States Code is amended by
  adding at the end the following new section:
`Sec. 159. Driver's license suspension for drug offense conviction
  `(a) Withholding of Highway Funds-
  `(1) FIRST YEAR- The Secretary shall withhold 2 percent 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,
  1991, in which the State does not have in effect and enforce a law which
  requires the suspension or revocation for a period not less than 180 days
  of the driver's license of each person convicted of a violation of the
  Controlled Substance Act (21 U.S.C. 801 et seq.) or convicted for any drug or
  narcotic offense chargeable under the laws of the State or any other State.
  `(2) AFTER THE FIRST YEAR- The Secretary shall withhold 2 percent 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, 1991, in which the State does not have in effect and enforce a law
  which requires the suspension or revocation for a period not less than
  180 days of the driver's license of each person convicted of a violation
  of the Controlled Substances Act (21 U.S.C. 801 et seq.) or convicted for
  any drug or narcotic offense chargeable under the laws of the State or
  any other State.
  `(b) Period of Availability; Effect of Compliance and Noncompliance-
  `(1) Period of availability of withheld funds-
  `(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 1994- Any funds withheld
  under this section from apportionment to any State on or before September
  30, 1994, 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 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, 1994- No funds withheld under
  this section from apportionment to any State after September 30, 1994,
  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 and enforces for a period of
  365 days a law described in subsection (a), the Secretary shall on the day
  following the last day of such 365-day period 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),
  or 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 and enforced for a period of 365 days a law described in
  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.
  `(c) Definitions- As used in this section--
  `(1) DRIVER'S LICENSE- The term `driver's license' means a license issued
  by a State to any individual which authorizes the individual to operate
  a motor vehicle on highways.
  `(2) DRUG OR NARCOTIC OFFENSE- The term `drug or narcotic offense' means
  any offense which proscribes 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.
  `(3) MOTOR VEHICLE- The term `motor vehicle' has the meaning such term
  has under section 154(b) of this title.'.
  (b) CONFORMING AMENDMENT TO CHAPTER ANALYSIS- The chapter analysis for
  chapter 1 of title 23, United States Code, is amended by adding at the
  end thereof the following new item:
`159. Driver's license suspension for drug offense conviction.'.
To amend title 23, United States Code, relating to suspension of drivers' licenses of persons convicted of drug offenses.

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