191
(1) 1⁄3 in the ratio that—
(A) each State’s public road lane mileage 
for rural minor collectors and rural local roads; 
bears to 
(B) the total public road lane mileage for 
rural minor collectors and rural local roads of 
all States. 
(2) 1⁄3 in the ratio that—
(A) the population of areas other than ur-
banized areas in each State, as shown by the 
most recent Government decennial census of pop-
ulation; bears to 
(B) the population of all areas other than 
urbanized areas in the United States, as shown 
by that census. 
(3) 1⁄3 in the ratio that—
(A) the total vehicle miles traveled on public 
roads in each State; bears to 
(B) the total number of vehicle miles trav-
eled on public roads in all States. 
(e) APPLICABILITY OF TITLE 23.—Funds made avail-
able to carry out this section shall be available for obliga-
tion in the same manner as if such funds were apportioned 
under chapter 1 of title 23, United States Code; except that 
such funds shall not be transferable and shall remain avail-
192
able until expended and the Federal share of the cost of a 
project under this section shall be 80 percent. Notwith-
standing any other provision of law, projects assisted under 
this section shall be treated as projects on a Federal-aid 
system under such chapter. 
(f) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) HIGH RISK RURAL ROAD.—The term ‘‘high 
risk rural road’’ means any roadway functionally 
classified as a rural major or minor collector or a 
rural local road—
(A) on which the accident rate for fatalities 
and incapacitating injuries exceeds the statewide 
average for these functional classes of roadway; 
or 
(B) which will likely have increases in traf-
fic volume that are likely to create an accident 
rate for fatalities and incapacitating injuries 
that exceeds the statewide average for these func-
tional classes of roadway. 
(2) STATE AND URBANIZED AREA.—The terms 
‘‘State’’ and ‘‘urbanized area’’ have the meaning such 
terms have under section 101(a) of title 23, United 
States Code.
193
SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY 
PROGRAMS. 
(a) USE OF SAFETY BELTS AND MOTORCYCLE HEL-
METS.—Section 153(h) of title 23, United States Code, is 
amended—
(1) in paragraph (2)—
(A) in the paragraph heading by striking 
‘‘THEREAFTER.—’’ 
and 
inserting 
‘‘FISCAL 
YEARS 1995–2004.—’’; and 
(B) by inserting ‘‘and ending before October 
1, 2004,’’ after ‘‘September 30, 1994,’’; 
(2) by redesignating paragraphs (3) through (5) 
as paragraphs (4) through (6), respectively; 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) FISCAL YEAR 2005 AND THEREAFTER.—On 
October 1, 2004, and each October 1 thereafter, if a 
State does not have in effect a law described in sub-
section (a)(2), the Secretary shall transfer from the 
funds apportioned to the State on that date under 
each of subsections (b)(1), (b)(2), and (b)(3) of section 
104 to the apportionment of the State under section 
402 an amount equal to 3 percent of the funds appor-
tioned to the State under such subsections for fiscal 
year 2003.’’; and 
(4) in paragraph (5) (as so redesignated)—
194
(A) by striking ‘‘which is determined by 
multiplying’’ and inserting ‘‘which, for fiscal 
year 2005 and each fiscal year thereafter, is de-
termined by multiplying’’; and 
(B) in subparagraph (B) by striking ‘‘such 
fiscal year’’ each place it appears and inserting 
‘‘fiscal year 2003’’. 
(b) 
OPEN
CONTAINER
REQUIREMENTS.—Section 
154(c) of title 23, United States Code, is amended—
(1) in paragraph (2)—
(A) in the paragraph heading by striking 
‘‘FISCAL
YEARS
THEREAFTER’’ and inserting 
‘‘FISCAL YEAR 2004’’ ; and 
(B) by striking ‘‘and each October 1 there-
after,’’; 
(2) by redesignating paragraphs (3) through (7) 
as paragraphs (4) through (8), respectively; 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) FISCAL YEAR 2005 AND THEREAFTER.—On 
October 1, 2004, and each October 1 thereafter, if a 
State has not enacted or is not enforcing an open con-
tainer law described in subsection (b), the Secretary 
shall transfer from the funds apportioned to the State 
on that date under each of paragraphs (1), (3), and
195
(4) of section 104(b) an amount equal to 3 percent of 
the funds apportioned to the State under such para-
graphs for fiscal year 2003 to be used or directed as 
described in subparagraph (A) or (B) of paragraph 
(1).’’; 
(4) in paragraph (5) (as so redesignated) by 
striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 
(4)’’; 
(5) in paragraphs (4), (5), and (6) (as so redes-
ignated) by striking ‘‘paragraph (1) or (2)’’ and in-
serting ‘‘paragraph (1), (2), or (3)’’; and 
(6) in paragraph (7)(B) (as so redesignated)—
(A) by striking ‘‘The amount’’ and inserting 
‘‘For fiscal year 2005 and each fiscal year there-
after, the amount’’; and 
(B) in subclauses (I) and (II) of clause (ii) 
by striking ‘‘the fiscal year’’ and inserting ‘‘fis-
cal year 2003’’. 
(c) MINIMUM PENALTIES FOR CERTAIN REPEAT OF-
FENDERS.—Section 164(b) of title 23, United States Code, 
is amended—
(1) in paragraph (2)—
(A) in the paragraph heading by striking 
‘‘AND FISCAL YEARS THEREAFTER’’ and inserting 
‘‘FISCAL YEAR 2004’’ ; and
196
(B) by striking ‘‘and each October 1 there-
after,’’; 
(2) by redesignating paragraphs (3) through (7) 
as paragraphs (4) through (8), respectively; 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) FISCAL YEAR 2005 AND THEREAFTER.—On 
October 1, 2004, and each October 1 thereafter, if a 
State has not enacted or is not enforcing a repeat in-
toxicated driver law, the Secretary shall transfer from 
the funds apportioned to the State on that date under 
each of paragraphs (1), (3), and (4) of section 104(b) 
an amount equal to 3 percent of the funds appor-
tioned to the State under such paragraphs for fiscal 
year 2003 to be used or directed as described in sub-
paragraph (A) or (B) of paragraph (1).’’; 
(4) in paragraph (5) (as so redesignated) by 
striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 
(4)’’; 
(5) in paragraphs (4), (5), and (6) (as so redes-
ignated) by striking ‘‘paragraph (1) or (2)’’ and in-
serting ‘‘paragraph (1), (2), or (3)’’; and 
(6) in paragraph (7)(B) (as so redesignated)—
197
(A) by striking ‘‘The amount’’ and inserting 
‘‘For fiscal year 2005 and each fiscal year there-
after, the amount’’; and 
(B) in subclauses (I) and (II) of clause (ii) 
by striking ‘‘the fiscal year’’ and inserting ‘‘fis-
cal year 2003’’. 
SEC. 1405. SAFETY INCENTIVE GRANTS FOR USE OF SEAT 
BELTS. 
Section 157(g)(1) of title 23, United States Code, is 
amended by striking ‘‘for fiscal year 2004’’ and all that 
follows through ‘‘2005’’ and inserting ‘‘and for each of fiscal 
years 2003, 2004, and 2005’’. 
SEC. 1406. SAFETY INCENTIVES TO PREVENT OPERATION 
OF MOTOR VEHICLES BY INTOXICATED PER-
SONS. 
(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 fol-
lowing: 
‘‘(e) PENALTY.—
‘‘(1) IN GENERAL.—On October 1, 2003, and Oc-
tober 1 of each fiscal year thereafter, if a State has 
not enacted or is not enforcing a law described in
198
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 para-
graph (2). 
‘‘(2) AMOUNT TO BE WITHHELD.—If a State is 
subject to a penalty under paragraph (1), the Sec-
retary shall withhold for a fiscal year from the appor-
tionments of the State described in paragraph (1) an 
amount equal to a percentage of the funds appor-
tioned 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 Sec-
retary determines that the State has enacted and is 
enforcing a law described in subsection (a), the ap-
portionment of the State shall be increased by an 
amount equal to the amount withheld. If, at the end
199
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 ‘‘for fiscal year 2004’’ 
and all that follows through ‘‘2005’’ and inserting ‘‘and for 
each of fiscal years 2004 and 2005’’. 
(c) REPEAL.—Section 351 of the Department of Trans-
portation and Related Agencies Appropriations Act, 2001 
(23 U.S.C. 163 note; 114 Stat. 1356A–34) is repealed. 
SEC. 1407. REPEAT OFFENDERS FOR DRIVING WHILE IN-
TOXICATED. 
Section 164(a)(5)(A) of title 23, United States Code, 
is amended to read as follows: 
‘‘(A) receive (i) a driver’s license suspension 
for not less than 1 year, or (ii) a combination 
of suspension of all driving privileges of an indi-
vidual for the first 45 days of the suspension pe-
riod followed by a reinstatement of limited driv-
ing privileges for the propose of getting to and 
from work, school, or an alcohol treatment pro-
gram if an ignition interlock device is installed 
on each of the motor vehicles owned or operated, 
or both, by the individual;’’.
200
SEC. 1408. REPAIR OR REPLACEMENT OF HIGHWAY FEA-
TURES ON NATIONAL HIGHWAY SYSTEM. 
(a) RULEMAKING PROCEEDING.—The Secretary shall 
conduct a rulemaking proceeding to determine the appro-
priate conditions under which a State when choosing to re-
pair or replace damaged highway features on the National 
Highway System with State funds (rather than with avail-
able Federal financial assistance) should be required to re-
pair or replace such features with highway features that 
have been tested, evaluated, and found to be acceptable 
under the guidelines contained in the report of the Trans-
portation Research Board of the National Research Council 
entitled ‘‘NCHRP Report 350-Recommended Procedures for 
the Safety Performance Evaluation of Highway Features’’. 
(b) MATTERS TO BE CONSIDERED.—The rulemaking 
proceeding shall cover those highway features that are cov-
ered by the guidelines referred to in subsection (a). The con-
ditions to be considered by the Secretary in the rulemaking 
proceeding shall include types of highway features, cost-ef-
fectiveness, and practicality of replacement with highway 
features that have been found to be acceptable under such 
guidelines. 
(c) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue regu-
lations regarding the conditions under which States when 
choosing to repair or replace damaged highway features de-
201
scribed in subsection (a) will be required to repair or re-
place such features with highway features that have been 
tested, evaluated, and found to be acceptable as described 
in subsection (a). 
Subtitle E—Construction and 
Contract Efficiencies 
SEC. 1501. DESIGN–BUILD. 
(a) QUALIFIED PROJECTS.—Section 112(b)(3)(C) of 
title 23, United States Code, is amended to read as follows: 
‘‘(C) QUALIFIED
PROJECTS.—A qualified 
project referred to in subparagraph (A) is a 
project under this chapter for which the Sec-
retary has approved the use of design-build con-
tracting under criteria specified in regulations 
issued by the Secretary.’’. 
(b) 
EXPERIMENTAL
PROCUREMENT.—Section 
112(b)(3) of such title is further amended—
(1) by redesigning subparagraph (D) as sub-
paragraph (G); and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) EXPERIMENTAL
PROCUREMENT.—As 
part of any experimental program carried out 
under this section, the Secretary shall evaluate 
the use of procurement procedures under this
202
paragraph where subjective evaluation criteria 
account for the majority of the selection deter-
mination. 
‘‘(E) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Nothing in this section shall be 
construed as effecting the authority to carry out 
any experimental program concerning design-
build contracting that is being carried out by the 
Secretary on the date of enactment of this sub-
paragraph. 
‘‘(F) REPORT.—Not later than 3 years after 
the date of enactment of this subparagraph, the 
Secretary shall transmit to Congress a report on 
the effectiveness of design-build contracting pro-
cedures in which the majority of the selection de-
terminations are made based on subjective cri-
teria in accordance with subparagraph (D).’’. 
SEC. 1502. WARRANTY HIGHWAY CONSTRUCTION PROJECT 
PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish and 
implement a pilot program designed to encourage States 
to incorporate warranties in the letting of contracts for 
highway construction projects.
203
(b) MAXIMUM NUMBER OF PROJECTS.—The Secretary 
may allow not more than 15 projects a year to be carried 
out under the pilot program. 
(c) FEDERAL SHARE.—The Federal share of the costs 
of a project under the pilot program may not exceed 90 
percent. 
(d) MINIMUM PROJECT COST.—The estimated total 
cost of a project to be carried out under the pilot program 
must be greater than $15,000,000. 
(e) SELECTION PROCESS.—In the selection process for 
the pilot program, the Secretary shall select, to the extent 
possible, projects from several different regions of the United 
States in order to demonstrate the effects that different cli-
mates and traffic patterns have on warranty highway con-
struction projects. 
(f) RULEMAKING.—
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
issue a rule to implement the pilot program. The rule 
shall include the following factors for eligibility of a 
highway construction project to be included in the 
program: 
(A) A requirement that the contract for the 
project must include a long-term limited war-