23 U.S.C. § 163 — Safety incentives to prevent operation of motor vehicles by intoxicated persons

(a) General Authority The Secretary must give a grant, under this section, to any state that has enacted and is enforcing a law making it an automatic ("per se") offense of driving while intoxicated to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or more. (b) Grants Each fiscal year, funds authorized for this section are divided among qualifying states using this formula: multiply (1) the total amount authorized for this section that fiscal year, by (2) a ratio — the funds apportioned to that state under section 402 for the year, divided by the total funds apportioned to all qualifying states under section 402 that year. (c) Use of Grants A state may spend its grant on any project eligible for assistance under this title. (d) Federal Share The federal government pays 100 percent of the cost of a project funded under this section. (e) Penalty (1) Fiscal years 2007 through 2011: On October 1, 2006, and each October 1 through 2011, if a state has not enacted or is not enforcing the required law, the Secretary must withhold 8 percent of the funds the state would otherwise get that day under section 104(b), paragraphs (1), (3), and (4). (2) Fiscal year 2012 and after: On October 1, 2011, and each October 1 after that, if a state has not enacted or is not enforcing the required law, the Secretary must withhold 6 percent of the funds the state would otherwise get that day under section 104(b), paragraphs (1) and (2). (3) Failure to comply: If, within 4 years of a withholding, the Secretary finds the state has enacted and is enforcing the required law, the state's funding is increased by the amount that was withheld. If, after that 4-year period, the state still has not enacted or enforced the law, the withheld money is lost for good. (f) Authorization of Appropriations (1) In general: This subsection authorizes specific dollar amounts, from the Highway Trust Fund (not counting the Mass Transit Account), to carry out this section: $55,000,000 for fiscal year 1998; $65,000,000 for 1999; $80,000,000 for 2000; $90,000,000 for 2001; $100,000,000 for 2002; $110,000,000 for 2003; $110,000,000 for 2004; $110,000,000 for 2005; and $91,315,068 for the period from October 1, 2004 through July 30, 2005. (2) Availability of funds: Despite section 118(b), these authorized funds stay available until they are spent.