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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 insert-
ing ‘‘For fiscal year 2005 and each fiscal year
thereafter, 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) of title 23, United States Code, is
amended—
(1) in paragraph (1) by inserting ‘‘and’’ after
‘‘2002,’’;
(2) in paragraph (1) by striking ‘‘2003,’’ and
all that follows through ‘‘2005’’ and inserting
‘‘2003’’;
215
(3) in paragraph (2) by inserting ‘‘or set aside
for fiscal year 2004 or 2005 under section
104(m)(8)’’ after ‘‘paragraph (1)’’;
(4) in paragraph (3)(B) by striking ‘‘2005’’ and
inserting ‘‘2003’’; and
(5) in paragraph (3)(B) by inserting ‘‘or the
amounts set aside for any of fiscal years 2004 and
2005 under section 104(m)(8)’’ after ‘‘paragraph
(1)’’.
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 sub-
section (f); and
(2) by inserting after subsection (d) the fol-
lowing:
‘‘(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
216
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 Sec-
retary shall withhold for a fiscal year from the ap-
portionments 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 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
of such 4-year period, any State has not enacted or
is not enforcing a law described in subsection (a)
217
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—
(1) by inserting ‘‘and’’ after ‘‘2002,’’; and
(2) by striking ‘‘, $110,000,000 for fiscal year
2004’’ and all that follows through ‘‘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 re-
pealed.
(d) CONFORMING AMENDMENT.—Section 163(f)(2)
of such title, as redesignated by subsection (a)(1) of this
section, is amended by inserting after ‘‘by this subsection’’
the following: ‘‘and the funds set aside to carry out this
section’’.
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 suspen-
sion for not less than 1 year, or (ii) a combina-
tion of suspension of all driving privileges of an
individual for the first 45 days of the suspen-