A Bill To Authorize Funds For Federal-Aid Highways, Highway Safety Programs, And Transit Programs, And For Other Purposes - 114th Congress 1st Session Page 345

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345
1
‘‘(B) N
.—In
ONCOMPLIANCE WITHHOLDING
2
lieu of withdrawing approval of a State plan
3
under subparagraph (A), the Secretary may,
4
after providing notice to the State and an op-
5
portunity to be heard, withhold funding from
6
the State to which the State would otherwise be
7
entitled under this section for the period of the
8
State’s noncompliance. In exercising this op-
9
tion, the Secretary may withhold—
10
‘‘(i) up to 5 percent of funds during
11
the fiscal year that the Secretary notifies
12
the State of its noncompliance;
13
‘‘(ii) up to 10 percent of funds for the
14
first full fiscal year of noncompliance;
15
‘‘(iii) up to 25 percent of funds for
16
the second full fiscal year of noncompli-
17
ance; and
18
‘‘(iv) not more than 50 percent of
19
funds for the third and any subsequent full
20
fiscal year of noncompliance.
21
‘‘(3) J
.—A State adversely af-
UDICIAL REVIEW
22
fected by a determination under paragraph (2) may
23
seek judicial review under chapter 7 of title 5. Not-
24
withstanding the disapproval of a State plan under
25
paragraph (2)(A) or the withholding of funds under
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