49 U.S.C. § 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) 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 .

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 .)