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).

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.

A State may obligate funds apportioned under subsection (b) for any project eligible for assistance under this title.

The Federal share of the cost of a project funded under this section shall be 100 percent.

On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b).[1]

(1) Fiscal years 2007 through 2011.— On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b).[1]

(2) Fiscal year 2012 and thereafter.— On October 1, 2011, 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 an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b).

(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.

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, $110,000,000 for fiscal year 2004, and $110,000,000 for fiscal year 2005 $91,315,068 for the period of October 1, 2004, through July 30, 2005.[2]

(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, $110,000,000 for fiscal year 2004, and $110,000,000 for fiscal year 2005 $91,315,068 for the period of October 1, 2004, through July 30, 2005.[2]

(2) Availability of funds.— Notwithstanding section 118(b), the funds authorized by this subsection shall remain available until expended.

(Added Pub. L. 105–178, title I, § 1404(a), June 9, 1998, 112 Stat. 240; amended Pub. L. 108–88, § 6(a)(2), Sept. 30, 2003, 117 Stat. 1119; Pub. L. 108–202, § 6(b), Feb. 29, 2004, 118 Stat. 483; Pub. L. 108–224, § 5(b), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, § 5(b), June 30, 2004, 118 Stat. 703; Pub. L. 108–280, § 5(b), July 30, 2004, 118 Stat. 881; Pub. L. 108–310, § 6(a)(2), Sept. 30, 2004, 118 Stat. 1152; Pub. L. 109–14, § 5(a)(2), May 31, 2005, 119 Stat. 329; Pub. L. 109–20, § 5(a)(2), July 1, 2005, 119 Stat. 351; Pub. L. 109–35, § 5(a)(2), July 20, 2005, 119 Stat. 384; Pub. L. 109–37, § 5(a)(2), July 22, 2005, 119 Stat. 399; Pub. L. 109–40, § 5(a)(2), July 28, 2005, 119 Stat. 416; Pub. L. 109–59, title I, § 1407(a), (b), Aug. 10, 2005, 119 Stat. 1231; Pub. L. 112–141, div. A, title I, § 1404(i), July 6, 2012, 126 Stat. 559; Pub. L. 114–94, div. A, title I, § 1446(a)(9), Dec. 4, 2015, 129 Stat. 1437.)