Page:United States Statutes at Large Volume 100 Part 4.djvu/463

 PUBLIC LAW 99-570—OCT. 27, 1986 V a) s

100 STAT. 3207-184

(1) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 1995.— (A) PERIOD OF AVAILABILITY.—Any funds withheld under this section from apportionment to any State on or before ^'"September 30, 1995, shall remain available for apportionment to such State as follows: (i) If such funds would have been apportioned under section 104(b)(5)(B) of such title but for this section, 23 USC 104. such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated. (ii) If such funds would have been apportioned under section 104(b)(1), 104(b)(2), or 104(b)(6) of such title but for this section, such funds shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated. (B) FUNDS WITHHELD AFTER SEPTEMBER 30, 1995.—No funds withheld under this subsection from apportionment to any State after September 30, 1995, shall be available for apportionment to such State. (2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLIANCE.—

If, before the last day of the period for which funds withheld under this section from apportionment are to remain available for apportionment to a State under paragraph (1), the State substantially complies with all of the requirements of section 12009(a) of this Act for a period of 365 days, the Secretary shall on the day following the last day of such period apportion to such State the withheld funds remaining available for apportionment to such State. (3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED

FUNDS.—Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year succeeding the fiscal year in which such funds are apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5) of such title, shall lapse and be made available by the Secretary for projects in accordance with section 118(b) of such title. (4) EFFECT OF NONCOMPLIANCE.—If, at the end of the period for

which funds withheld under this section from apportionment are available for apportionment to a State under paragraph (1), the State has not substantially complied with all of the requirements of section 12009(a) of this Act for a 365-day period, such funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5) of such title, such funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b) of such title. SEC. 12012. PENALTIES.

(a) NOTICE OF VIOLATION.—Paragraph (1) of section 521(b) of title 49, United States Code, is amended by inserting "or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984" and by striking out "section" the second place it appears and inserting in lieu thereof "sections". (b) CIVIL PENALTIES.—Paragraph (2) of such section is amended, by inserting "(A) IN GENERAL.—" before "Except as", by inserting "(other than subparagraph (B))" before ", except for recordkeeping

23 USC 104. 23 USC 118.

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