
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31314]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
             CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
 
Sec. 31314. Withholding amounts for State noncompliance

    (a) First Fiscal Year.--The Secretary of Transportation shall 
withhold 5 percent of the amount required to be apportioned to a State 
under section 104(b)(1), (3), and (4) 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 10 percent of 
the amount required to be apportioned to a State under section 
104(b)(1), (3), and (4) 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) 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, Sec. 1(e), July 5, 1994, 108 Stat. 1028; Pub. L. 105-
178, title IV, Sec. 4011(g), (h), June 9, 1998, 112 Stat. 408; Pub. L. 
105-206, title IX, Sec. 9010, July 22, 1998, 112 Stat. 863.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
31314(a)..............................  49 App.:2710(a).                 Oct. 2
7, 1986, Pub. L. 99-570, Sec.
                                                                          12011
, 100 Stat. 3207-183.
31314(b)..............................  49 App.:2710(b).
31314(c)..............................  49 App.:2710(c)(1).
31314(d)..............................  49 App.:2710(c)(2), (3).
31314(e)..............................  49 App.:2710(c)(4).
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---------------------------------

    In this section, the word ``amounts'' is substituted for ``funds'' 
and ``sums'' for consistency in the revised title.
    In subsection (e), the words ``by the Secretary'' are omitted as 
surplus.


                               Amendments

    1998--Subsecs. (a), (b). Pub. L. 105-178, Sec. 4011(h)(1), as added 
by Pub. L. 105-206, substituted ``section 104(b)(1), (3), and (4) of 
title 23'' for ``section 104(b)(1), (3), and (5) of title 23''.
    Pub. L. 105-178, Sec. 4011(g)(1), substituted ``section 104(b)(1), 
(3), and (5) of title 23'' for ``section 104(b)(1), (2), (5), and (6) of 
title 23''.
    Subsec. (c). Pub. L. 105-178, Sec. 4011(g)(2), struck out par. (2) 
designation and struck out par. (1) which read as follows: ``Amounts 
withheld under this section from apportionment to a State before October 
1, 1995, remain available for apportionment to the State as follows:
        ``(A) If the amounts would have been apportioned under section 
    104(b)(5)(B) of title 23 but for this section, the amounts remain 
    available until the end of the 2d fiscal year following the fiscal 
    year for which the amounts are authorized to be appropriated.
        ``(B) If the amounts would have been apportioned under section 
    104(b)(1), (2), or (6) of title 23 but for this section, the amounts 
    remain available until the end of the 3d fiscal year following the 
    fiscal year for which the amounts are authorized to be 
    appropriated.''
    Subsec. (d). Pub. L. 105-178, Sec. 4011(h)(2), as added by Pub. L. 
105-206, struck out heading and text of subsec. (d). Text read as 
follows: ``If, at the end of the period for which amounts withheld under 
this section from apportionment are available for apportionment to a 
State under subsection (c)(1) of this section, the State has not 
substantially complied with all of the requirements of section 31311(a) 
of this title for a 365-day period, the amounts lapse or, for amounts 
withheld from apportionment under section 104(b)(5) of title 23, the 
amounts lapse and are available for projects under section 118(b) of 
title 23.''
    Pub. L. 105-178, Sec. 4011(g)(3), (4), redesignated subsec. (e) as 
(d) and struck out heading and text of former subsec. (d). Text read as 
follows:
    ``(1) If, before the last day of the period for which amounts 
withheld under this section from apportionment are to remain available 
for apportionment to a State under subsection (c)(1) of this section, 
the State substantially complies with all of the requirements of section 
31311(a) of this title for a period of 365 days, the Secretary, on the 
day following the last day of that period, shall apportion to the State 
the withheld amounts remaining available for apportionment to that 
State.
    ``(2) Amounts apportioned under paragraph (1) of this subsection 
remain available for expenditure until the end of the 3d fiscal year 
following the fiscal year in which the amounts are apportioned. Amounts 
not obligated at the end of that period lapse or, for amounts 
apportioned under section 104(b)(5) of title 23, lapse and are available 
for projects under section 118(b) of title 23.''
    Subsec. (e). Pub. L. 105-178, Sec. 4011(g)(4), redesignated subsec. 
(e) as (d).


                    Effective Date of 1998 Amendment

    Title IX of Pub. L. 105-206 effective simultaneously with enactment 
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at 
time of enactment, and provisions of Pub. L. 105-178, as in effect on 
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206, 
set out as a note under section 101 of Title 23, Highways.

                  Section Referred to in Other Sections

    This section is referred to in section 31311 of this title.
