23 U.S.C. § 158

National minimum drinking age

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(a)Withholding of Funds for Noncompliance.—(1)In general.—(A)Fiscal years before 2012.—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) 11 See References in Text note below. 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.(B)Fiscal year 2012 and thereafter.—For fiscal year 2012 and each fiscal year thereafter, the amount to be withheld under this section shall be an amount equal to 8 percent of the amount apportioned to the noncompliant State, as described in subparagraph (A), under paragraphs (1) and (2) of section 104(b).(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, § 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; Pub. L. 105–178, title I, § 1103(l)(2), June 9, 1998, 112 Stat. 125; Pub. L. 112–141, div. A, title I, § 1404(f), July 6, 2012, 126 Stat. 558.)Editorial NotesReferences in Text

Section 104 of this title, referred to in subsec. (a)(1)(A), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427.

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

2012—Subsec. (a)(1). Pub. L. 112–141 designated existing provisions as subpar. (A), inserted subpar. heading, and added subpar. (B).

1998—Subsec. (a)(1). Pub. L. 105–178, § 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, § 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, § 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, § 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, § 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, § 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”.

Statutory Notes and Related SubsidiariesEffective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Minimum Drinking Age

Pub. L. 97–424, title II, § 209, Jan. 6, 1983, 96 Stat. 2140, provided that: “The Congress strongly encourages each State to prohibit the sale of alcoholic beverages to persons who are less than 21 years of age.”

Notes of Decisions

Cited in 43 cases (9 in the last 5 years), 1959–2024 · leading case: South Dakota v. Dole, 483 U.S. 203 (1987).

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South Dakota v. Dole, 483 U.S. 203 (1987). · cites it 8× “In 1984 Congress enacted 23 U. S. C. § 158 (1982 ed., Supp. III), which directs the Secretary of Transportation to withhold a percentage of federal highway funds otherwise allocable from States "in which the purchase or public possession .”

Manuel v. State, 692 So. 2d 320 (La. 1996). · cites it 11× “Act 33 of 1986 was passed in response to the passage by Congress of 23 U.S.C. § 158 , the National Minimum Drinking Age Act, which requires states to impose a minimum age of twenty-one for the purchase or public consumption of alcoholic beverages in order to remain eligible to…”

Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566 (2012). · cites it 2× “That Act directed the Secretary of Transportation to withhold 5% of the federal highway funds otherwise payable to a State if the State permitted purchase of alcoholic beverages by persons less than 21 years old. Drinking age was not within the authority of Congress to regulate,…”

Florida Ex Rel. Attorney Gen. v. United States Dep't of Health & Human Servs., 648 F.3d 1235 (11th Cir. 2011). · cites it 2× “In Dole , the state of South Dakota challenged 23 U.S.C. § 158 , which directed the Secretary of Transportation to withhold a percentage of federal highway funds otherwise allocable to the states if states failed to maintain a minimum drinking-age requirement of 21 years.”

State of South Dakota v. Elizabeth H. Dole, Sec'y, United States Dep't of Transp., Washington, D.C., in Her Off. Capacity, 791 F.2d 628 (8th Cir. 1986). · cites it 5× “23 U.S.C. § 158 . The challenged amendment was enacted under Congress’s spending power, U.”

Henry-Lee v. City of New York, 746 F. Supp. 2d 546 (S.D.N.Y. 2010). · cites it 2× “Plaintiff responds that the New York City Defendants had a special duty to prevent the service of Lee because they violated a statutory duty enacted for the benefit of a particular class of persons — specifically the duty embodied in the National Minimum Drinking Age Act, 23 U.”

Kiriakos v. Phillips Dankos v. Stapf, 139 A.3d 1006 (Md. 2016). “See 23 U.S.C. § 158 . 5 . An adult would not be held criminally responsible in the event the underage person is within the adult’s "same immediate family” or drinking as part of a "religious ceremony.”

David A. Clarke v. United States, 915 F.2d 699 (D.C. Cir. 1990). “, 23 U.S.C. § 158 (1988) (withholding a percentage of federal highway funds from states that do not prohibit those under 21 from buying alcohol); 47 U.”

Winters v. Silver Fox Bar, 797 P.2d 51 (Haw. 1990). · cites it 2× “23 U.S.C. § 158 (a)(1) (Supp. 1990). Legislators were fully aware and apprehensive that: [U]nder Public Law 98-363 [ 23 U.”

Hopkins v. Sovereign Fire & Cas. Ins., 626 So. 2d 880 (La. Ct. App. 1993). · cites it 2× “The amendment, offered solely to comport with the National Minimum Drinking Age Act, 23 U.S.C. § 158 , contains the following sunset language: "Section 3.”

Gerhardt v. Lazaroff, 221 F. Supp. 2d 827 (S.D. Ohio 2002). · cites it 2× “§ 158 , which explicitly directs the Secretary of Transportation to withhold funds from states in which persons under the age of 21 are permitted to purchase or possess alcoholic beverages] ... could not be more clearly stated by Congress”).”

Doe v. Metro. Police Dep't, 445 F.3d 460 (D.C. Cir. 2006). “Council) enacted a statute making it unlawful for any person under 21 to consume alcohol or for anyone to sell alcohol to any person under 21. Any underage person who misrepresented his age in order to purchase alcohol was guilty of a misdemeanor, subject to a $25 fíne or…”

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