Sec. 1404. ADJUSTMENTS TO PENALTY PROVISIONS

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## SEC. 1404 ADJUSTMENTS TO PENALTY PROVISIONS ###

(a)Vehicle Weight Limitations Section 127(a)(1) of title 23, United States Code, is amended by striking “No funds shall be apportioned in any fiscal year under section 104(b)(1) of this title to any State which” and inserting “The Secretary shall withhold 50 percent of the apportionment of a State under section 104(b)(1) in any fiscal year in which the State”. ###

(b)Control of Junkyards Section 136 of title 23, United States Code, is amended— ####

(1)in subsection (b), in the first sentence— #####

(A)by striking “10 per centum” and inserting “7 percent”; and #####

(B)by striking “section 104 of this title” and inserting “paragraphs

(1)through

(5)of section 104(b)”; and ####

(2)by adding at the end the following: > > ### “(n) Definitions > > For purposes of this section, the terms ‘primary system’ and ‘Federal-aid primary system’ mean any highway that is on the National Highway System, which includes the Interstate Highway System.” > . ###

(c)Enforcement of Vehicle Size and Weight Laws Section 141(b)(2) of title 23, United States Code, is amended— ####

(1)by striking “10 per centum” and inserting “7 percent”; and ####

(2)by striking “section 104 of this title” and inserting “paragraphs

(1)through

(5)of section 104(b)”. ###

(d)Proof of Payment of the Heavy Vehicle Use Tax Section 141(c) of title 23, United States Code, is amended— ####

(1)by striking “section 104(b)(4)” each place it appears and inserting “section 104(b)(1)”; and ####

(2)in the first sentence by striking “25 per centum” and inserting “8 percent”. ###

(e)Use of Safety Belts Section 153(h) of title 23, United States Code, is amended— ####

(1)by striking paragraph (1); ####

(2)by redesignating paragraph

(2)as paragraph (1); ####

(3)in paragraph

(1)(as so redesignated)— #####

(A)by striking the paragraph heading and inserting “Prior to fiscal year 2012”; and #####

(B)by inserting “and before October 1, 2011,” after “September 30, 1994,”; and ####

(4)by inserting after paragraph

(1)(as so redesignated) the following: > > #### “(2) Fiscal year 2012 and thereafter > > If, at any time in a fiscal year beginning after September 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State for the succeeding fiscal year under each of paragraphs

(1)through

(3)of section 104(b) to the apportionment of the State under section 402.” > . ###

(f)National Minimum Drinking Age Section 158(a)(1) of title 23, United States Code, is amended— ####

(1)by striking “ The Secretary ” and inserting the following: > > ##### “(A) Fiscal years before 2012 > > The Secretary” > ; and ####

(2)by adding at the end the following: > > ##### “(B) Fiscal year 2012 and thereafter > > For fiscal year 2012 and each fiscal year thereafter, the amount to be withheld under this section shall be an amount equal to 8 percent of the amount apportioned to the noncompliant State, as described in subparagraph (A), under paragraphs

(1)and

(2)of section 104(b).” > . ###

(g)Drug Offenders Section 159 of title 23, United States Code, is amended— ####

(1)in subsection (a)— #####

(A)by striking paragraph (1); #####

(B)by redesignating paragraph

(2)as paragraph (1); #####

(C)in paragraph

(1)(as so redesignated) by striking “(including any amounts withheld under paragraph (1))”; and #####

(D)by inserting after paragraph

(1)(as so redesignated) the following: > > #### “(2) Fiscal year 2012 and thereafter > > The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs

(1)and

(2)of section 104(b) on the first day of each fiscal year beginning after September 30, 2011, if the State fails to meet the requirements of paragraph

(3)on the first day of the fiscal year.” > ; and ####

(2)by striking subsection

(b)and inserting the following: > > ### “(b) Effect of Noncompliance > > No funds withheld under this section from apportionments to any State shall be available for apportionment to that State.” > . ###

(h)Zero Tolerance Blood Alcohol Concentration for Minors Section 161(a) of title 23, United States Code, is amended— ####

(1)by striking paragraph (1); ####

(2)by redesignating paragraph

(2)as paragraph (1); ####

(3)in paragraph

(1)(as so redesignated)— #####

(A)by striking the paragraph heading and inserting “Prior to fiscal year 2012”; and #####

(B)by inserting “through fiscal year 2011” after “each fiscal year thereafter”; and ####

(4)by inserting after paragraph

(1)and

(2)of section 104(b) on October 1, 2011, and on October 1 of each fiscal year thereafter, if the State does not meet the requirement of paragraph

(3)on that date.” > . ###

(i)Operation of Motor Vehicles by Intoxicated Persons Section 163(e) of title 23, United States Code, is amended by striking paragraphs

(1)and

(2)and inserting the following: > > #### “(1) Fiscal years 2007 through 2011 > > On October 1, 2006, and October 1 of each fiscal year thereafter through fiscal year 2011, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 8 percent of the amounts to be apportioned to the State on that date under each of paragraphs (1), (3), and

(4)of section 104(b). > > > #### “(2) Fiscal year 2012 and thereafter > > On October 1, 2011, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold an amount equal to 6 percent of the amounts to be apportioned to the State on that date under each of paragraphs

(1)and

(2)of section 104(b).” > . ###

(j)Commercial Driver’s License Section 31314 of title 49, United States Code, is amended— ####

(1)by redesignating subsection

(c)as subsection (d); and ####

(2)by inserting after subsection

(b)the following: > > ### “(c) Penalties Imposed in Fiscal Year 2012 and Thereafter > > Effective beginning on October 1, 2011— > > > #### “(1) > > the penalty for the first instance of noncompliance 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 noncompliant 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.” > .