23 U.S.C. § 164 — Minimum penalties for repeat offenders for

Page 278 TITLE 23—HIGHWAYS § 164 Stat. 384; Pub. L. 109–37, § 5(a)(2), July 22, 2005, 119 Stat. 399; Pub. L. 109–40, § 5(a)(2), July 28, 2005, 119 Stat. 416; Pub. L. 109–59, title I, § 1407(a), (b), Aug. 10, 2005, 119 Stat. 1231; Pub. L. 112–141, div. A, title I, § 1404(i), July 6, 2012, 126 Stat. 559; Pub. L. 114–94, div. A, title I, § 1446(a)(9), Dec. 4, 2015, 129 Stat. 1437.) Editorial Notes REFERENCES IN TEXT Section 104, referred to in subsec. (e)(1), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427. AMENDMENTS 2015—Subsec. (f)(2). Pub. L. 114–94 substituted ‘‘118(b)’’ for ‘‘118(b)(2)’’. 2012—Subsec. (e)(1), (2). Pub. L. 112–141 added pars. (1) and (2) and struck out former pars. (1) and (2) which re- lated to penalty generally and amount to be withheld, respectively. 2005—Subsec. (e). Pub. L. 109–59, § 1407(a)(2), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (e)(1). Pub. L. 109–40 substituted ‘‘$91,315,068 for the period of October 1, 2004, through July 30, 2005’’ for ‘‘$90,410,958 for the period of October 1, 2004, through July 27, 2005’’. Pub. L. 109–37 substituted ‘‘$90,410,958 for the period of October 1, 2004, through July 27, 2005’’ for ‘‘$89,100,000 for the period of October 1, 2004, through July 21, 2005’’. Pub. L. 109–35 substituted ‘‘$89,100,000 for the period of October 1, 2004, through July 21, 2005’’ for ‘‘$88,000,000 for the period of October 1, 2004, through July 19, 2005’’. Pub. L. 109–20 substituted ‘‘$88,000,000 for the period of October 1, 2004, through July 19, 2005’’ for ‘‘$82,500,000 for the period of October 1, 2004, through June 30, 2005’’. Pub. L. 109–14 substituted ‘‘$82,500,000 for the period of October 1, 2004, through June 30, 2005’’ for ‘‘$73,333,333 for the period of October 1, 2004, through May 31, 2005’’. Subsec. (f). Pub. L. 109–59, § 1407(a)(1), redesignated subsec. (e) as (f). Subsec. (f)(1). Pub. L. 109–59, § 1407(b), substituted ‘‘2004, and $110,000,000 for fiscal year 2005’’ for ‘‘2004, and’’. 2004—Subsec. (e)(1). Pub. L. 108–310 struck out ‘‘and’’ after ‘‘2003,’’ and inserted ‘‘, and $73,333,333 for the pe- riod of October 1, 2004, through May 31, 2005’’ before pe- riod at end. Pub. L. 108–280 substituted ‘‘$110,000,000 for fiscal year 2004’’ for ‘‘$100,000,000 for the period of October 1, 2003, through July 31, 2004’’. Pub. L. 108–263 substituted ‘‘$100,000,000 for the period of October 1, 2003, through July 31, 2004’’ for ‘‘$90,000,000 for the period of October 1, 2003, through June 30, 2004’’. Pub. L. 108–224 substituted ‘‘$90,000,000 for the period of October 1, 2003, through June 30, 2004’’ for ‘‘$70,000,000 for the period of October 1, 2003, through April 30, 2004’’. Pub. L. 108–202 substituted ‘‘$70,000,000 for the period of October 1, 2003, through April 30, 2004’’ for ‘‘$50,000,000 for the period of October 1, 2003, through February 29, 2004’’. 2003—Subsec. (e)(1). Pub. L. 108–88 struck out ‘‘and’’ after ‘‘2002,’’ and inserted before period at end ‘‘, and $50,000,000 for the period of October 1, 2003, through Feb- ruary 29, 2004’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE 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 Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. WITHHOLDING OF FUNDS FOR FAILURE TO ENACT AND ENFORCE LAWS RELATING TO DRIVING WHILE INTOXI- CATED Pub. L. 106–346, § 101(a) [title III, § 351], Oct. 23, 2000, 114 Stat. 1356, 1356A–34, directed the Secretary to with- hold a percentage, beginning in fiscal year 2004, of the amount required to be apportioned for Federal-aid highways to any State under former pars. (1), (3), and (4) of section 104(b) of this title, if a State had not en- acted and was not enforcing a provision described in section 163(a) of this title, and provided for increase of the apportionment by an amount equal to such reduc- tion if within 4 years from the date of the reduction the Secretary determined that such State had enacted and was enforcing a provision described in section 163(a) of this title, prior to repeal by Pub. L. 109–59, title I, § 1407(c), Aug. 10, 2005, 119 Stat. 1231. § 164. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence (a) DEFINITIONS.—In this section, the following definitions apply: (1) 24-7 SOBRIETY PROGRAM.—The term ‘‘24-7 sobriety program’’ has the meaning given the term in section 405(d)(7)(A). (2) ALCOHOL CONCENTRATION.—The term ‘‘al- cohol concentration’’ means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (3) DRIVING WHILE INTOXICATED; DRIVING UNDER THE INFLUENCE.—The terms ‘‘driving while intoxicated’’ and ‘‘driving under the in- fluence’’ mean driving or being in actual phys- ical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State. (4) MOTOR VEHICLE.—The term ‘‘motor vehi- cle’’ means a vehicle driven or drawn by me- chanical power and manufactured primarily for use on public highways, but does not in- clude a vehicle operated solely on a rail line or a commercial vehicle. (5) REPEAT INTOXICATED DRIVER LAW.—The term ‘‘repeat intoxicated driver law’’ means a State law or combination of laws or programs that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall— (A) receive, for a period of not less than 1 year— (i) a suspension of all driving privileges; (ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition inter- lock device installed, unless a special ex- ception applies; (iii) a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety pro- gram; or (iv) any combination of clauses (i) through (iii); (B) receive an assessment of the individ- ual’s degree of abuse of alcohol and treat- ment as appropriate; and Page 279 TITLE 23—HIGHWAYS § 164 1 See References in Text note below. (C) receive— (i) in the case of the second offense— (I) an assignment of not less than 30 days of community service; or (II) not less than 5 days of imprison- ment (unless the State certifies that the general practice is that such an indi- vidual will be incarcerated); and (ii) in the case of the third or subsequent offense— (I) an assignment of not less than 60 days of community service; or (II) not less than 10 days of imprison- ment (unless the State certifies that the general practice is that such an indi- vidual will receive 10 days of incarcer- ation). (6) SPECIAL EXCEPTION.—The term ‘‘special exception’’ means an exception under a State alcohol-ignition interlock law for the fol- lowing circumstances: (A) The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual. (B) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an igni- tion interlock device. (b) TRANSFER OF FUNDS.— (1) FISCAL YEARS 2001 AND 2002.—On October 1, 2000, and October 1, 2001, if a State has not en- acted or is not enforcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 11⁄2 percent of the funds ap- portioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) 1 to the apportionment of the State under sec- tion 402— (A) to be used for alcohol- or multiple sub- stance-impaired driving countermeasures; or (B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated, driving while multiple substance-impaired, or driving under the influence and other re- lated laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol- or multiple substance- impaired driving countermeasures, dedicated to enforcement of the laws (including regu- lations). (2) FISCAL YEAR 2022 AND THEREAFTER.— (A) RESERVATION OF FUNDS.— (i) IN GENERAL.—On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Sec- retary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of para- graphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3). (ii) STATES DESCRIBED.—A State referred to in clause (i) is a State— (I) that has not enacted or is not en- forcing a repeat intoxicated driver law; and (II) for which the Secretary deter- mined for the prior fiscal year that the State had not enacted or was not enforc- ing a repeat intoxicated driver law. (B) TRANSFER OF FUNDS.—As soon as prac- ticable after the date of receipt of a certifi- cation from a State under subparagraph (A)(i), the Secretary shall— (i) transfer the reserved funds identified by the State for use as described in sub- paragraphs (A) and (B) of paragraph (1) to the apportionment of the State under sec- tion 402; and (ii) release the reserved funds identified by the State as described in paragraph (3). (3) USE FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM.— (A) IN GENERAL.—A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148. (B) STATE DEPARTMENTS OF TRANSPOR- TATION.—If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transpor- tation of the State, which shall be respon- sible for the administration of the funds. (4) FEDERAL SHARE.—The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent. (5) DERIVATION OF AMOUNT TO BE TRANS- FERRED.—The amount to be transferred or re- leased under paragraph (2) may be derived from the following: (A) The apportionment of the State under section 104(b)(1). (B) The apportionment of the State under section 104(b)(2). (6) TRANSFER OF OBLIGATION AUTHORITY.— (A) IN GENERAL.—If the Secretary transfers under this subsection any funds to the ap- portionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid high- ways and highway safety construction pro- grams for carrying out projects under sec- tion 402. (B) AMOUNT.—The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying— (i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by (ii) the ratio that— (I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and high- way safety construction programs, bears to (II) the total of the sums apportioned to the State for Federal-aid highways Page 280 TITLE 23—HIGHWAYS § 164 and highway safety construction pro- grams (excluding sums not subject to any obligation limitation) for the fiscal year. (7) LIMITATION ON APPLICABILITY OF OBLIGA- TION LIMITATION.—Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section. (Added Pub. L. 105–178, title I, § 1406(a), as added Pub. L. 105–206, title IX, § 9005(a), July 22, 1998, 112 Stat. 845; amended Pub. L. 109–59, title I, § 1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 110–244, title I, § 115, June 6, 2008, 122 Stat. 1606; Pub. L. 112–141, div. A, title I, § 1403, July 6, 2012, 126 Stat. 556; Pub. L. 114–94, div. A, title I, §§ 1414, 1446(a)(10), Dec. 4, 2015, 129 Stat. 1420, 1437; Pub. L. 117–58, div. A, title I, § 11131(b), div. B, title IV, § 24107, Nov. 15, 2021, 135 Stat. 510, 807.) Editorial Notes REFERENCES IN TEXT Section 104, referred to in subsec. (b)(1), was amended generally by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427. Other references to section 104 in this section were added concurrent with or subse- quent to the general amendment of that section. AMENDMENTS 2021—Subsec. (b)(1)(A). Pub. L. 117–58, § 24107(1), sub- stituted ‘‘alcohol- or multiple substance-impaired’’ for ‘‘alcohol-impaired’’. Subsec. (b)(1)(B). Pub. L. 117–58, § 24107(2), substituted ‘‘intoxicated, driving while multiple substance-im- paired, or driving’’ for ‘‘intoxicated or driving’’ and ‘‘alcohol- or multiple substance-impaired’’ for ‘‘alco- hol-impaired’’. Subsec. (b)(2). Pub. L. 117–58, § 11131(b)(1), substituted ‘‘2022’’ for ‘‘2012’’ in heading. Subsec. (b)(2)(A). Pub. L. 117–58, § 11131(b)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘On October 1, 2011, and each October 1 thereafter, if a State has not en- acted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the States will use those reserved funds among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3).’’ Subsec. (b)(2)(B). Pub. L. 117–58, § 11131(b)(3), sub- stituted ‘‘subparagraph (A)(i)’’ for ‘‘subparagraph (A)’’ in introductory provisions. 2015—Subsec. (a)(1) to (4). Pub. L. 114–94, § 1414(1), (2), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 114–94, § 1414(1), (3)(A), redesig- nated par. (4) as (5) and inserted ‘‘or combination of laws or programs’’ after ‘‘State law’’ in introductory provisions. Subsec. (a)(5)(A). Pub. L. 114–94, § 1414(3)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘receive— ‘‘(i) a suspension of all driving privileges for not less than 1 year; or ‘‘(ii) a suspension of unlimited driving privileges for 1 year, allowing for the reinstatement of limited driv- ing privileges subject to restrictions and limited ex- emptions as established by State law, if an ignition interlock device is installed for not less than 1 year on each of the motor vehicles owned or operated, or both, by the individual;’’. Subsec. (a)(5)(B). Pub. L. 114–94, § 1414(3)(C), (D), redes- ignated subpar. (C) as (B) and struck out former subpar. (B), which read as follows: ‘‘be subject to the impound- ment or immobilization of, or the installation of an ig- nition interlock system on, each motor vehicle owned or operated, or both, by the individual;’’. Subsec. (a)(5)(C). Pub. L. 114–94, § 1414(3)(D), redesig- nated subpar. (D) as (C). Former subpar. (C) redesig- nated (B). Subsec. (a)(5)(C)(i)(II). Pub. L. 114–94, § 1414(3)(E)(i), inserted before semicolon ‘‘(unless the State certifies that the general practice is that such an individual will be incarcerated)’’. Subsec. (a)(5)(C)(ii)(II). Pub. L. 114–94, § 1414(3)(E)(ii), inserted before period at end ‘‘(unless the State cer- tifies that the general practice is that such an indi- vidual will receive 10 days of incarceration)’’. Subsec. (a)(6). Pub. L. 114–94, § 1414(4), added par. (6). Subsec. (b)(3)(A). Pub. L. 114–94, § 1446(a)(10)(A), sub- stituted ‘‘reserved’’ for ‘‘transferred’’. Subsec. (b)(5). Pub. L. 114–94, § 1446(a)(10)(B), inserted ‘‘or released’’ after ‘‘transferred’’ in introductory provi- sions. 2012—Subsec. (a)(3). Pub. L. 112–141, § 1403(a)(1), (2), re- designated par. (4) as (3) and struck out former par. (3) which defined ‘‘license suspension’’. Subsec. (a)(4). Pub. L. 112–141, § 1403(a)(2), (3), redesig- nated par. (5) as (4), added subpar. (A), and struck out former subpar. (A) which read as follows: ‘‘receive— ‘‘(i) a driver’s license suspension for not less than 1 year; or ‘‘(ii) a combination of suspension of all driving privileges for the first 45 days of the suspension pe- riod followed by a reinstatement of limited driving privileges for the purpose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the in- dividual;’’. Former par. (4) redesignated (3). Subsec. (a)(5). Pub. L. 112–141, § 1403(a)(2), redesig- nated par. (5) as (4). Subsec. (b)(2). Pub. L. 112–141, § 1403(b)(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘On October 1, 2002, and each Octo- ber 1 thereafter, if a State has not enacted or is not en- forcing a repeat intoxicated driver law, the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the appor- tionment of the State under section 402 to be used or directed as described in subparagraph (A) or (B) of para- graph (1).’’ Subsec. (b)(3). Pub. L. 112–141, § 1403(b)(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148.’’ Subsec. (b)(5). Pub. L. 112–141, § 1403(b)(3), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: ‘‘The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following: ‘‘(A) The apportionment of the State under section 104(b)(1). ‘‘(B) The apportionment of the State under section 104(b)(3). ‘‘(C) The apportionment of the State under section 104(b)(4).’’ 2008—Subsec. (a)(5)(A), (B). Pub. L. 110–244 added sub- pars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) receive a driver’s license suspension for not less than 1 year; ‘‘(B) be subject to the impoundment or immobiliza- tion of each of the individual’s motor vehicles or the installation of an ignition interlock system on each of the motor vehicles;’’. 2005—Subsec. (b)(3). Pub. L. 109–59 substituted ‘‘148’’ for ‘‘152’’. Page 281 TITLE 23—HIGHWAYS § 165 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by section 11131(b) of Pub. L. 117–58 effec- tive Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–94, div. A, title IV, § 4015, Dec. 4, 2015, 129 Stat. 1513, provided that: ‘‘Notwithstanding any other provision of this Act [div. A of Pub. L. 114–94, see Ta- bles for classification], except for the technical correc- tions in section 4014 [amending sections 402, 403, and 405 of this title], the amendments made by this Act to sec- tions 164, 402, and 405 of title 23, United States Code, shall be effective on October 1, 2016.’’ EFFECTIVE 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 Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE Section effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of this title. § 165. Territorial and Puerto Rico highway pro- gram (a) DIVISION OF FUNDS.—Of funds made avail- able in a fiscal year for the territorial and Puer- to Rico highway program— (1) for the Puerto Rico highway program under subsection (b)— (A) $173,010,000 shall be for fiscal year 2022; (B) $176,960,000 shall be for fiscal year 2023; (C) $180,120,000 shall be for fiscal year 2024; (D) $183,675,000 shall be for fiscal year 2025; and (E) $187,230,000 shall be for fiscal year 2026; and (2) for the territorial highway program under subsection (c)— (A) $45,990,000 shall be for fiscal year 2022; (B) $47,040,000 shall be for fiscal year 2023; (C) $47,880,000 shall be for fiscal year 2024; (D) $48,825,000 shall be for fiscal year 2025; and (E) $49,770,000 shall be for fiscal year 2026. (b) PUERTO RICO HIGHWAY PROGRAM.— (1) IN GENERAL.—The Secretary shall allo- cate funds made available to carry out this subsection to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth. (2) TREATMENT OF FUNDS.—Amounts made available to carry out this subsection for a fis- cal year shall be administered as follows: (A) APPORTIONMENT.— (i) IN GENERAL.—For the purpose of im- posing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144 (as in effect for fiscal year 1997) for each program funded under those sections in an amount determined by mul- tiplying— (I) the aggregate of the amounts for the fiscal year; by (II) the proportion that— (aa) the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to (bb) the total amount of funds appor- tioned to Puerto Rico for all such pro- grams for fiscal year 1997. (ii) EXCEPTION.—Funds identified under clause (i) as having been apportioned for the national highway system, the surface transportation block grant program, and the Interstate maintenance program shall be deemed to have been apportioned 50 per- cent for the national highway performance program and 50 percent for the surface transportation program for purposes of im- posing such penalties. (B) PENALTY.—The amounts treated as being apportioned to Puerto Rico under each section referred to in subparagraph (A) shall be deemed to be required to be apportioned to Puerto Rico under that section for pur- poses of the imposition of any penalty under this title or title 49. (C) ELIGIBLE USES OF FUNDS.—Of amounts allocated to Puerto Rico for the Puerto Rico Highway Program for a fiscal year— (i) at least 50 percent shall be available only for purposes eligible under section 119; (ii) at least 25 percent shall be available only for purposes eligible under section 148; and (iii) any remaining funds may be obli- gated for activities eligible under chapter 1 and preventative maintenance on the Na- tional Highway System. (3) EFFECT ON APPORTIONMENTS.—Except as otherwise specifically provided, Puerto Rico shall not be eligible to receive funds appor- tioned to States under this title. (c) TERRITORIAL HIGHWAY PROGRAM.— (1) TERRITORY DEFINED.—In this subsection, the term ‘‘territory’’ means any of the fol- lowing territories of the United States: (A) American Samoa. (B) The Commonwealth of the Northern Mariana Islands. (C) Guam. (D) The United States Virgin Islands. (2) PROGRAM.— (A) IN GENERAL.—Recognizing the mutual benefits that will accrue to the territories and the United States from the improve- ment of highways in the territories, the Sec- retary may carry out a program to assist each government of a territory in the con- struction and improvement of a system of arterial and collector highways, and nec- essary inter-island connectors, that is— (i) designated by the Governor or chief executive officer of each territory; and (ii) approved by the Secretary. (B) FEDERAL SHARE.—The Federal share of Federal financial assistance provided to ter- ritories under this subsection shall be in ac- cordance with section 120(g). (3) TECHNICAL ASSISTANCE.—