; and (II) in the case of a CDL skills retest, beginning on the date an individual fails a CDL skills test and ending on the date the individual retakes the test (after subtracting from that period any day that is part of a mandatory notification or waiting period under Federal or State law). (ii) Special rule For purposes of clause (i), any individual scheduled to take a skills exam who is physically absent from the skills exam on the date scheduled shall be recorded as a no show . Any State CDL test location that has a no show percentage above 25 percent of total appointments scheduled at that location shall not be counted toward the State’s average skill test delays. . (b) Withholding of apportionments (1) In general Section 31311(a) of title 49, United States Code, is amended by adding at the end the following: (26) Beginning in fiscal year 2021, the State shall be in compliance with the program requirements established under section 31305(e), relating to commercial driver’s license skills testing and retesting wait times, as determined by the Secretary under section 31305(e)(2). . (2) Availability of withheld amounts Section 31314(d) of title 49, United States Code, is amended to read as follows: (d) Availability for apportionment (1) In general Except as described in paragraph (2), amounts withheld under this section from apportionment to a State after September 30, 1995, are not available for apportionment to the State. (2) Exception for CDL testing compliance If the Secretary determines that a State that did not comply substantially with paragraph (26) of section 31311(a) begins to comply substantially with such paragraph, amounts withheld under this section from apportionment to the State as a result of the prior noncompliance shall be provided to the State in the same manner as such amounts would have been provided if not withheld. . (c) Notice to States If the Secretary of Transportation makes a determination that a State does not comply substantially with section 31311(a)(26) of title 49, United