My flippant answer is they lose their highway funding. That's the usual carrot/stick.

But that's just a guess. Let's see what the [link|http://thomas.loc.gov/cgi-bin/query/C?c109:./temp/~c109Tirp0c|HR 418 RFS] bill says:

SEC. 205. GRANTS TO STATES.

(a) In General- The Secretary may make grants to a State to assist the State in conforming to the minimum standards set forth in this title.

(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this title.

SEC. 206. AUTHORITY.

(a) Participation of Secretary of Transportation and States- All authority to issue regulations, set standards, and issue grants under this title shall be carried out by the Secretary, in consultation with the Secretary of Transportation and the States.

(b) Compliance With Standards- All authority to certify compliance with standards under this title shall be carried out by the Secretary of Transportation, in consultation with the Secretary of Homeland Security and the States.

(c) Extensions of Deadlines- The Secretary may grant to a State an extension of time to meet the requirements of section 202(a)(1) if the State provides adequate justification for noncompliance.


It looks like the Secretary of Homeland Security and/or Transportation has discretion to supply or withhold funding to the states. In other words, it looks to me like a state might not get its highway funding....

:-/

I don't see anything else about what might happen to a state which didn't comply.

I think we'll have to keep a careful eye on the Judicial Review restrictions and Waiver of Laws sections. :-(

Cheers,
Scott.