S.Amdt. 1649Senate112th Congress (2011-2013)

S.Amdt. 1649

What it does: Inserts new text at the end of section 414 of title 23, United States Code
Submitted February 15, 2012

What it changes

1 change to S. 1813

Inserts text
  1. Inserts new text at the end of section 414 of title 23, United States Code

    Inserts

    Inserted: (f) Withholding.--

    Inserted: (1) Third fiscal year.--The Secretary shall withhold 3 percent of the amounts otherwise apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, on the first day of the third fiscal year following the date of the enactment of this Act if the State has not enacted or is not enforcing a graduated driver licensing law that meets the requirements under this section.

    Inserted: (2) Fourth fiscal year.--The Secretary shall withhold 5 percent of the amounts otherwise apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, on the first day of the fourth fiscal year following the date of the enactment of this Act if the State has not enacted or is not enforcing a graduated driver licensing law that meets the requirements under this section.

    Inserted: "(3) Fifth fiscal year.--The Secretary shall withhold 10 percent of the amounts otherwise apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, on the first day of the fifth fiscal year following the date of the enactment of this Act if the State has not enacted or is not enforcing a graduated driver licensing law that meets the requirements under this section.

    Inserted: "(4) Release of funds.--The Secretary shall release any amounts withheld from a State under this subsection as soon as feasible once the State demonstrates, in a manner prescribed by the Secretary, that the State--

    Inserted: "(A) has enacted a graduated driver licensing law that complies with the requirements under this section; and

    Inserted: "(B) is enforcing the State law described in subparagraph (A).

    Inserted: "(5) Return of funds.--If a State fails to demonstrate its compliance with paragraph (4) by the first day of the fiscal year that is 3 years after the date on which amounts were withheld under this subsection, such amounts shall be--

    Inserted: "(A) forfeited by the State; and

    Inserted: "(B) deposited by the Secretary into the general fund of the Treasury.".

    Original wording

    In section 414 of title 23, United States Code, as added by section 31112, add at the end the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1649. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:

In section 414 of title 23, United States Code, as added by section 31112, add at the end the following:

“(f) Withholding.--

“(1) Third fiscal year.--The Secretary shall withhold 3 percent of the amounts otherwise apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, on the first day of the third fiscal year following the date of the enactment of this Act if the State has not enacted or is not enforcing a graduated driver licensing law that meets the requirements under this section.

“(2) Fourth fiscal year.--The Secretary shall withhold 5 percent of the amounts otherwise apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, on the first day of the fourth fiscal year following the date of the enactment of this Act if the State has not enacted or is not enforcing a graduated driver licensing law that meets the requirements under this section.”.

“(3) Fifth fiscal year.--The Secretary shall withhold 10 percent of the amounts otherwise apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, on the first day of the fifth fiscal year following the date of the enactment of this Act if the State has not enacted or is not enforcing a graduated driver licensing law that meets the requirements under this section.

“(4) Release of funds.--The Secretary shall release any amounts withheld from a State under this subsection as soon as feasible once the State demonstrates, in a manner prescribed by the Secretary, that the State--

“(A) has enacted a graduated driver licensing law that complies with the requirements under this section; and

“(B) is enforcing the State law described in subparagraph (A).

“(5) Return of funds.--If a State fails to demonstrate its compliance with paragraph (4) by the first day of the fiscal year that is 3 years after the date on which amounts were withheld under this subsection, such amounts shall be--

“(A) forfeited by the State; and

“(B) deposited by the Secretary into the general fund of the Treasury.”.

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Senate amendment submitted

February 15, 2012