SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS.

SEC. 1407. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS.(a) Codification of Penalty.—Section 163 of title 23, United States Code, is amended—(1) by redesignating subsection (e) as subsection (f); and(2) by inserting after subsection (d) the following:“(e) Penalty.—“(1) In general.—On October 1, 2003, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold from amounts apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) an amount equal to the amount specified in paragraph (2).“(2) Amount to be withheld.—If a State is subject to a penalty under paragraph (1), the Secretary shall withhold for a fiscal year from the apportionments of the State described in paragraph (1) an amount equal to a percentage of the funds apportioned to the State under paragraphs (1), (3), and (4) of section 104(b) for fiscal year 2003. The percentage shall be as follows:“(A) For fiscal year 2004, 2 percent.“(B) For fiscal year 2005, 4 percent.“(C) For fiscal year 2006, 6 percent.“(D) For fiscal year 2007, and each fiscal year thereafter, 8 percent.“(3) Failure to comply.—If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such State shall lapse.”.(b) Authorization of Appropriations.—Section 163(f)(1) of such title (as redesignated by subsection (a)(1) of this section) is amended by striking “2004, and” and inserting “2004, and $110,000,000 for fiscal year 2005”.(c) Repeal.—Section 351 of the Department of Transportation and Related Agencies Appropriations Act, 2001 (23 U.S.C. 163 note; 114 Stat. 1356A–34) is repealed.