49 U.S.C. § 31314 — Withholding amounts for State noncompliance
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 277 words · no verdicts yet
The Secretary may withhold a portion of certain highway funds when a State substantially fails to meet commercial-driver licensing requirements. Amounts withheld after September 30, 1995, cannot be apportioned to that State.
(a) First Fiscal Year. For the first fiscal year after the first fiscal year beginning after September 30, 1992, throughout which a State substantially fails a section 31311(a) requirement, the Secretary must withhold up to 5 percent of the amounts otherwise apportioned under section 104(b)(1), (3), and (4) of title 23. (b) Second Fiscal Year. For each fiscal year after the second such fiscal year throughout which the failure continues, the Secretary must withhold up to 10 percent. (c) Penalties Imposed in Fiscal Year 2012 and Thereafter. Beginning October 1, 2011, the first noncompliance penalty may not exceed 4 percent of the funds required under title 23 section 104(b)(1) and (2), and each later penalty may not exceed 8 percent. (d) Availability for Apportionment. Amounts withheld after September 30, 1995, are not available for apportionment to the State.
The Secretary of Transportation shall withhold up to 5 percent of the amount required to be apportioned to a State under section 104(b)(1), (3), and (4) 1 of title 23 on the first day of the fiscal year after the first fiscal year beginning after September 30, 1992, throughout which the State does not comply substantially with a requirement of section 31311(a) of this title.
The Secretary shall withhold up to 10 percent of the amount required to be apportioned to a State under section 104(b)(1), (3), and (4) 1 of title 23 on the first day of each fiscal year after the 2d fiscal year beginning after September 30, 1992, throughout which the State does not comply substantially with a requirement of section 31311(a) of this title.
Effective beginning on October 1, 2011—
the penalty for the first instance of noncompliance by a State under this section shall be not more than an amount equal to 4 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23; and
the penalty for subsequent instances of noncompliance shall be not more than an amount equal to 8 percent of funds required to be apportioned to the noncompliant State under paragraphs (1) and (2) of section 104(b) of title 23.
Amounts withheld under this section from apportionment to a State after September 30, 1995, are not available for apportionment to the State.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1028; Pub. L. 105–178, title IV, § 4011(g), (h), June 9, 1998, 112 Stat. 408; Pub. L. 105–206, title IX, § 9010, July 22, 1998, 112 Stat. 863; Pub. L. 109–59, title IV, § 4124(c), Aug. 10, 2005, 119 Stat. 1738; Pub. L. 112–141, div. A, title I, § 1404(j), July 6, 2012, 126 Stat. 559.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1028
- 1998Amended · Pub. L. 105-178 · 112 Stat. 408
- 1998Amended · Pub. L. 105-206 · 112 Stat. 863
- 2005Amended · Pub. L. 109-59 · 119 Stat. 1738
- 2012Amended · Pub. L. 112-141 · 126 Stat. 559
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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