§ 163. — Safety incentives to prevent operation of motor vehicles by intoxicated persons.
[Laws in effect as of January 7, 2003]
[Document affected by Public Law Section )]
[CITE: 23USC163]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 163. Safety incentives to prevent operation of motor
vehicles by intoxicated persons
(a) General Authority.--The Secretary shall make a grant, in
accordance with this section, to any State that has enacted and is
enforcing a law that provides that any person with a blood alcohol
concentration of 0.08 percent or greater while operating a motor vehicle
in the State shall be deemed to have committed a per se offense of
driving while intoxicated (or an equivalent per se offense).
(b) Grants.--For each fiscal year, funds authorized to carry out
this section shall be apportioned to each State that has enacted and is
enforcing a law meeting the requirements of subsection (a) in an amount
determined by multiplying--
(1) the amount authorized to carry out this section for the
fiscal year; by
(2) the ratio that the amount of funds apportioned to each such
State under section 402 for such fiscal year bears to the total
amount of funds apportioned to all such States under section 402 for
such fiscal year.
(c) Use of Grants.--A State may obligate funds apportioned under
subsection (b) for any project eligible for assistance under this title.
(d) Federal Share.--The Federal share of the cost of a project
funded under this section shall be 100 percent.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account) to
carry out this section $55,000,000 for fiscal year 1998, $65,000,000
for fiscal year 1999, $80,000,000 for fiscal year 2000, $90,000,000
for fiscal year 2001, $100,000,000 for fiscal year 2002,
$110,000,000 for fiscal year 2003, and $50,000,000 for the period of
October 1, 2003, through February 29, 2004.
(2) Availability of funds.--Notwithstanding section 118(b)(2),
the funds authorized by this subsection shall remain available until
expended.
(Added Pub. L. 105-178, title I, Sec. 1404(a), June 9, 1998, 112 Stat.
240; amended Pub. L. 108-88, Sec. 6(a)(2), Sept. 30, 2003, 117 Stat.
1119.)
Amendments
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 February 29, 2004''.
Withholding of Funds for Failure To Enact and Enforce Laws Relating to
Driving While Intoxicated
Pub. L. 106-346, Sec. 101(a) [title III, Sec. 351], Oct. 23, 2000,
114 Stat. 1356, 1356A-34, provided that: ``Notwithstanding any other
provision of law, beginning in fiscal year 2004, the Secretary shall
withhold 2 percent of the amount required to be apportioned for Federal-
aid highways to any State under each of paragraphs (1), (3), and (4) of
section 104(b) of title 23, United States Code, if a State has not
enacted and is not enforcing a provision described in section 163(a) of
chapter 1 of title 23, United States Code, in fiscal year 2005, the
Secretary shall withhold 4 percent of the amount required to be
apportioned for Federal-aid highways to any State under each of
paragraphs (1), (3), and (4) of section 104(b) of title 23, United
States Code, if a State has not enacted and is not enforcing a provision
described in section 163(a) of title 23, United States Code; in fiscal
year 2006, the Secretary shall withhold 6 percent of the amount required
to be apportioned for Federal-aid highways to any State under each of
paragraphs (1), (3), and (4) of section 104(b) of title 23, United
States Code, if a State has not enacted and is not enforcing a provision
described in section 163(a) of title 23, United States Code; and
beginning in fiscal year 2007, and in each fiscal year thereafter, the
Secretary shall withhold 8 percent of the amount required to be
apportioned for Federal-aid highways to any State under each of
paragraphs (1), (3), and (4) of section 104(b) of title 23, United
States Code, if a State has not enacted and is not enforcing a provision
described in section 163(a) of title 23, United States Code. If within 4
years from the date the apportionment for any State is reduced in
accordance with this section the Secretary determines that such State
has enacted and is enforcing a provision described in section 163(a) of
chapter 1 of title 23, United States Code, the apportionment of such
State shall be increased by an amount equal to such reduction. If at the
end of such 4-year period, any State has not enacted and is not
enforcing a provision described in section 163(a) of title 23, United
States Code, any amounts so withheld shall lapse.''
