49 USC 31314 - Withholding amounts for State noncompliance

U.S Code last checked for updates: Apr 23, 2024

§ 31314.

Withholding amounts for State noncompliance

(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

 See References in Text note below.

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.

(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.)

cite as: 49 USC 31314