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

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This law punishes states that do not follow the commercial driver's license rules in section 31311. The Secretary of Transportation can hold back a share of the state's highway funding for staying out of compliance. Money withheld after September 30, 1995, is gone for good and cannot be given to the state later.

(a) First Fiscal Year — Starting the first day of the fiscal year after the first fiscal year following September 30, 1992, the Secretary must withhold up to 5 percent of certain federal highway funds, listed in title 23, section 104(b)(1), (3), and (4), from a state that is not substantially following section 31311(a)'s requirements. (b) Second Fiscal Year — Starting the first day of each fiscal year after the second fiscal year following September 30, 1992, the Secretary must withhold up to 10 percent of those same funds from a state still not substantially complying. (c) Penalties Imposed in Fiscal Year 2012 and Thereafter — Starting October 1, 2011, the rules change: a state's first instance of noncompliance can cost it up to 4 percent of funds under title 23, section 104(b)(1) and (2); later instances of noncompliance can cost up to 8 percent of those same funds. (d) Availability for Apportionment — Any money withheld from a state after September 30, 1995, cannot later be given to that state.

the actual law source: uscode.house.gov ↗public domain

(a)First Fiscal Year.—

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.

(b)Second Fiscal Year.—

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.

(c)Penalties Imposed in Fiscal Year 2012 and Thereafter.—

Effective beginning on October 1, 2011—

(1)

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

(2)

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.

(d)Availability for Apportionment.—

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.)

history & why it existsrecord from the source credit

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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