penalty

penalty Sec. 212. Section 402(e) of title 23, United States Code, is amended by adding at the end thereof the following: “Funds apportioned under this section to any State, that does not have a highway safety program approved by the Secretary or that is not implementing an approved program, shall be reduced by amounts equal to not less than 50 per centum of the amounts that would otherwise be apportioned to the State under this section, until such time as the Secretary approves such program or determines that the State is Implementing an approved program, as appropriate. The Secretary shall consider the gravity of the State’s failure, to have or implement an approved program in determining the amount of the reduction. The Secretary shall promptly apportion to the State the, funds withheld from its apportionment if he approves the State’s highway safety program or determines that the State has begun implementing an approved program, as appropriate, prior to the end of the fiscal year for which the funds were withheld. If the Secretary determines that the State did not correct its failure, within such period, the Secretary shall reapportion the withheld funds to the other States in accordance with the formula specified in this subsection not later than 30 days after such determination.”.