Page:United States Statutes at Large Volume 100 Part 4.djvu/462

 100 STAT. 3207-183

PUBLIC LAW 99-570—OCT. 27, 1986

by any other State or has been disqualified from operating a commercial motor vehicle by any other State or the Secretary. State and local £rov6rn.niGnts

49 USC app. 2709.

SKC. 12010. (JRANT PKOCRAM.

(a) ESTABLISHMENT.—The Secretary may make a grant to a State in a fiscal year if the State enter s into a n a g r e e m e n t with the Secretary to participate in such fiscal year in the commercial driver's license program established by this title and the information system required by this title and to comply with the requirements of section 12009. (b) MINIMUM AMOUNT OF GRANT.—The Secretary shall determine

the amount of grants in a fiscal year to be made under this section to a State eligible to receive such grants in the fiscal year; except that— (1) such State shall not be granted less than $100,000 under this section in the fiscal year; and (2) to the extent that any States are granted more than $100,000 per State in the fiscal year under this section, the Secretary shall ensure that such States are treated equitably. (c) LIMITATION ON USE OF FUNDS.—A State receiving a grant under this section may only use the funds provided under such grant for issuing commercial driver's licenses and complying with the requirements of section 12009. (d) CONTRACT AUTHORITY.—Notwithstanding any other provision of law, approval by the Secretary of a grant to a State under this section shall be deemed to be a contractual obligation of the United States for payment of the amount of the grant. (e) PERIOD OF AVAILABILITY.—Funds made available to carry out this section shall remain available for obligation by the State for the fiscal year for which such funds are made available. Any of such funds not obligated before the last day of such period shall no longer be available to such State and shall be available to the Secretary for carrying out the purposes of this title. Funds made available pursuant to this section shall remain available until expended. (f) FUNDING.—There shall be available to the Secretary to carry out this section $5,000,000 from funds made available to carry out section 404 of the Surface Transportation Assistance Act of 1982 for Post, p. 3207-186. each of fiscal years 1989, 1990, and 1991. 49 USC app. 2710.

SEC. 12011. WITHHOLDING OF HIGHWAY FUNDS FOR STATE NONCOMPLIANCE.

(a) FIRST YEAR.—The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of title 23, United States Code, on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1992, throughout which the State does not substantially comply with any requirement of section 12009(a) of this Act. (b) AFTER THE FIRST YEAR.—The Secretary shall withhold 10

percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of such title on the first day of each fiscal year after the second fiscal year beginning after September 30, 1992, throughout which the State does not substantially comply with any requirement of section 12009(a) of this Act. (c) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE.^ .,

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