49 U.S.C. § 31314 — Withholding amounts for State non-

Page 913 TITLE 49—TRANSPORTATION § 31314 Editorial Notes PRIOR PROVISIONS A prior section 31312, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1025, related to grants for testing and en- suring the fitness of operators of commercial motor ve- hicles, prior to repeal by Pub. L. 105–178, title IV, § 4011(f), June 9, 1998, 112 Stat. 408. § 31313. Commercial driver’s license program im- plementation financial assistance program (a) FINANCIAL ASSISTANCE PROGRAM.— (1) IN GENERAL.—The Secretary of Transpor- tation shall administer a financial assistance program for commercial driver’s license pro- gram implementation for the purposes de- scribed in paragraphs (2) and (3). (2) STATE COMMERCIAL DRIVER’S LICENSE PRO- GRAM IMPLEMENTATION GRANTS.—In carrying out the program, the Secretary may make a grant to a State agency in a fiscal year— (A) to assist the State in complying with the requirements of section 31311; and (B) in the case of a State that is making a good faith effort toward substantial compli- ance with the requirements of section 31311, to improve the State’s implementation of its commercial driver’s license program, includ- ing expenses— (i) for computer hardware and software; (ii) for publications, testing, personnel, training, and quality control; (iii) for commercial driver’s license pro- gram coordinators; and (iv) to implement or maintain a system to notify an employer of an operator of a commercial motor vehicle of the suspen- sion or revocation of the operator’s com- mercial driver’s license consistent with the standards developed under section 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012 (49 U.S.C. 31304 note). (3) PRIORITY ACTIVITIES.—The Secretary may make a grant to or enter into a cooperative agreement with a State agency, local govern- ment, or any person in a fiscal year for re- search, development and testing, demonstra- tion projects, public education, and other spe- cial activities and projects relating to com- mercial drivers licensing and motor vehicle safety that— (A) benefit all jurisdictions of the United States; (B) address national safety concerns and circumstances; (C) address emerging issues relating to commercial driver’s license improvements; (D) support innovative ideas and solutions to commercial driver’s license program issues; (E) support, in addition to funds otherwise available for such purposes, the recognition, prevention, and reporting of human traf- ficking; or (F) address other commercial driver’s li- cense issues, as determined by the Sec- retary. (b) PROHIBITIONS.—A recipient may not use fi- nancial assistance funds awarded under this sec- tion to rent, lease, or buy land or buildings. (c) REPORT.—The Secretary shall issue an an- nual report on the activities carried out under this section. (d) APPORTIONMENT.—All amounts made avail- able to carry out this section for a fiscal year shall be apportioned to a recipient described in subsection (a)(3) according to criteria prescribed by the Secretary. (e) FUNDING.—For fiscal years beginning after September 30, 2016, this section shall be funded under section 31104. (Added Pub. L. 109–59, title IV, § 4124(a), Aug. 10, 2005, 119 Stat. 1736; amended Pub. L. 112–141, div. C, title II, § 32604(a), (b)(1), July 6, 2012, 126 Stat. 808, 809; Pub. L. 114–94, div. A, title V, § 5104(a), Dec. 4, 2015, 129 Stat. 1527; Pub. L. 115–99, § 4, Jan. 3, 2018, 131 Stat. 2242.) Editorial Notes REFERENCES IN TEXT Section 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (a)(2)(B)(iv), is section 32303(b) of title II of div. C of Pub. L. 112–141, which is set out as a note under section 31304 of this title. PRIOR PROVISIONS A prior section 31313, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1027, related to grants for issuing com- mercial drivers’ licenses and complying with State par- ticipation requirements, prior to repeal by Pub. L. 105–178, title IV, § 4011(f), June 9, 1998, 112 Stat. 408. AMENDMENTS 2018—Subsec. (a)(3)(E), (F). Pub. L. 115–99 added sub- par. (E) and redesignated former subpar. (E) as (F). 2015—Pub. L. 114–94 amended section generally. Prior to amendment, section related to grants for commer- cial driver’s license program implementation. 2012—Pub. L. 112–141, § 32604(b)(1), substituted ‘‘imple- mentation’’ for ‘‘improvements’’ in section catchline. Subsec. (a). Pub. L. 112–141, § 32604(a), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) re- lated to grants for commercial driver’s license program improvements. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. RELIEF FOR RECIPIENTS OF FINANCIAL ASSISTANCE AWARDS FOR FISCAL YEARS 2019 AND 2020 Period of availability during which a recipient may expend grant amounts under this section extended for amounts awarded for fiscal years 2019 and 2020, see sec- tion 441 of div. N of Pub. L. 116–260, set out as a note under section 31102 of this title. § 31314. Withholding amounts for State non- compliance (a) FIRST FISCAL YEAR.—The Secretary of Transportation shall withhold up to 5 percent of the amount required to be apportioned to a Page 914 TITLE 49—TRANSPORTATION § 31315 1 See References in Text note below. 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 com- ply 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 re- quired to be apportioned to a State under sec- tion 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 Octo- ber 1, 2011— (1) the penalty for the first instance of non- compliance 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 non- compliant 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 ap- portionment 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31314(a) ...... 49 App.:2710(a). Oct. 27, 1986, Pub. L. 99–570, § 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). 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. Editorial Notes REFERENCES IN TEXT Section 104(b)(1), (3), and (4) of title 23, referred to in subsecs. (a) and (b), probably refers to section 104(b)(1), (3), and (4) of title 23 prior to the general amendment of section 104 by Pub. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427. AMENDMENTS 2012—Subsecs. (c), (d). Pub. L. 112–141 added subsec. (c) and redesignated former subsec. (c) as (d). 2005—Subsecs. (a), (b). Pub. L. 109–59 inserted ‘‘up to’’ after ‘‘withhold’’. 1998—Subsecs. (a), (b). Pub. L. 105–178, § 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, § 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, § 4011(g)(2), struck out par. (2) designation and struck out par. (1) which read as fol- lows: ‘‘Amounts withheld under this section from ap- portionment 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 sec- tion, 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 appro- priated.’’ Subsec. (d). Pub. L. 105–178, § 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 ap- portionment 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 appor- tionment 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, § 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 apportion- ment 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 pe- riod, 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 obli- gated 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, § 4011(g)(4), redesignated subsec. (e) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. 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. § 31315. Waivers, exemptions, and pilot programs (a) WAIVERS.—The Secretary may grant a waiver that relieves a person from compliance in