49 U.S.C. § 31104
Section 31104 · Availability of amounts
Current version, with additions and removals from the August 8, 2014 version.
Current — November 15, 2021
As of August 8, 2014
(a) In General.— Subject to subsection (f), there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out section 31102— (1) $188,480,000 for fiscal year 2005; (2) $188,000,000 for fiscal year 2006; (3) $197,000,000 for fiscal year 2007; (4) $202,000,000 for fiscal year 2008; (5) $209,000,000 for fiscal year 2009; (6) $209,000,000 for fiscal year 2010; (7) $209,000,000 for fiscal year 2011; (8) $215,000,000 for fiscal year 2013; (9) $218,000,000 for fiscal year 2014; and (10) $145,134,247 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(a) Financial Assistance Programs.— There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account)— (1) subject to subsection (c), to carry out the motor carrier safety assistance program under section 31102 (other than the high priority program under subsection ( l ) of that section)— (A) $390,500,000 for fiscal year 2022; (B) $398,500,000 for fiscal year 2023; (C) $406,500,000 for fiscal year 2024; (D) $414,500,000 for fiscal year 2025; and (E) $422,500,000 for fiscal year 2026; (2) subject to subsection (c), to carry out the high priority program under section 31102( l ) (other than the commercial motor vehicle enforcement training and support grant program under paragraph (5) of that section)— (A) $57,600,000 for fiscal year 2022; (B) $58,800,000 for fiscal year 2023; (C) $60,000,000 for fiscal year 2024; (D) $61,200,000 for fiscal year 2025; and (E) $62,400,000 for fiscal year 2026; (3) to carry out the commercial motor vehicle enforcement training and support grant program under section 31102( l )(5), $5,000,000 for each of fiscal years 2022 through 2026; (4) to carry out the commercial motor vehicle operators grant program under section 31103— (A) $1,100,000 for fiscal year 2022; (B) $1,200,000 for fiscal year 2023; (C) $1,300,000 for fiscal year 2024; (D) $1,400,000 for fiscal year 2025; and (E) $1,500,000 for fiscal year 2026; and (5) subject to subsection (c), to carry out the financial assistance program for commercial driver’s license implementation under section 31313— (A) $41,800,000 for fiscal year 2022; (B) $42,650,000 for fiscal year 2023; (C) $43,500,000 for fiscal year 2024; (D) $44,350,000 for fiscal year 2025; and (E) $45,200,000 for fiscal year 2026.
(b) Availability and Reallocation of Amounts.— Amounts made available under subsection (a) of this section remain available until expended. Allocations to a State remain available for expenditure in the State for the fiscal year in which they are allocated and for the next fiscal year. Amounts not expended by a State during those 2 fiscal years are released to the Secretary for reallocation.
(b) Reimbursement and Payment to Recipients for Government Share of Costs.— (1) In general.— Amounts made available under subsection (a) shall be used to reimburse financial assistance recipients proportionally for the Federal Government’s share of the costs incurred. (2) Reimbursement amounts.— (A) Reimbursement percentage.— (i) In general.— The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102 (except subsection ( l )(5) of that section), 31103, or 31313, an amount that is at least 85 percent of the costs incurred by the recipient in a fiscal year in developing and implementing programs under such sections. (ii) Commercial motor vehicle enforcement training and support grant program.— The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102( l )(5), an amount that is equal to 100 percent of the costs incurred by the recipient in a fiscal year in developing and implementing a training program under that section. (B) Limitation.— The Secretary shall pay the recipient an amount not more than the Federal Government share of the total costs approved by the Federal Government in the financial assistance agreement. (C) In-kind contributions.— The Secretary shall include a recipient’s in-kind contributions in determining the reimbursement. (3) Vouchers.— Each recipient shall submit vouchers at least quarterly for costs the recipient incurs in developing and implementing programs under sections 31102, 31103, and 31313.
(c) Reimbursement for Government’s Share of Costs.— Amounts made available under subsection (a) of this section shall be used to reimburse States proportionately for the United States Government’s share of costs incurred.
(c) Deductions for Program Support.— On October 1 of each fiscal year, or as soon after that date as practicable, the Secretary may deduct from amounts made available under paragraphs (1), (2), and (5) of subsection (a) for that fiscal year not more than 1.50 percent of those amounts for program support in that fiscal year.
(d) Grants as Contractual Obligations.— Approval by the Secretary of a grant to a State under section 31102 of this title is a contractual obligation of the Government for payment of the Government’s share of costs incurred by the State in developing, implementing, or developing and implementing programs to enforce commercial motor vehicle regulations, standards, and orders.
(d) Grants and Cooperative Agreements as Contractual Obligations.— The approval of a financial assistance agreement by the Secretary under section 31102, 31103, or 31313 is a contractual obligation of the Federal Government for payment of the Federal Government’s share of costs in carrying out the provisions of the grant or cooperative agreement.
(e) Deduction for Administrative Expenses.— On October 1 of each fiscal year or as soon after that date as practicable, the Secretary may deduct, from amounts made available under subsection (a) of this section for that fiscal year, not more than 1.25 percent of those amounts for administrative expenses incurred in carrying out section 31102 of this title in that fiscal year. The Secretary shall use at least 75 percent of those deducted amounts to train non-Government employees and to develop related training materials in carrying out section 31102.
(e) Eligible Activities.— The Secretary shall establish criteria for eligible activities to be funded with financial assistance agreements under this section and publish those criteria in a notice of funding availability before the financial assistance program application period.
(f) Allocation Criteria and Eligibility.— On October 1 of each fiscal year or as soon after that date as practicable and after making the deduction under subsection (e), the Secretary shall allocate amounts made available to carry out section 31102 for such fiscal year among the States with plans approved under section 31102. Such allocation shall be made under such criteria as the Secretary prescribes by regulation.
(f) Period of Availability of Financial Assistance Agreement Funds for Recipient Expenditures.— The period of availability for a recipient to expend funds under a grant or cooperative agreement authorized under subsection (a) is as follows: (1) For grants made for carrying out section 31102, other than section 31102( l ), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years. (2) For grants made or cooperative agreements entered into for carrying out section 31102( l )(2), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years. (3) For grants made for carrying out section 31102( l )(3), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years. (4) For grants made for carrying out section 31102( l )(5), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years. (5) For grants made for carrying out section 31103, for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 2 fiscal years. (6) For grants made or cooperative agreements entered into for carrying out section 31313, for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years.
(g) Payment to States for Costs.— Each State shall submit vouchers for costs the State incurs under this section and section 31102 of this title . The Secretary shall pay the State an amount not more than the Government share of costs incurred as of the date of the vouchers.
(g) Contract Authority; Initial Date of Availability.— Amounts authorized from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.
(h) Intrastate Compatibility.— The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws and regulations with Government motor carrier safety regulations to be enforced under section 31102(a) of this title . To the extent practicable, the guidelines and standards shall allow for maximum flexibility while ensuring the degree of uniformity that will not diminish transportation safety. In reviewing State plans and allocating amounts or making grants under section 153 of title 23 , the Secretary shall ensure that the guidelines and standards are applied uniformly.
(h) Availability of Funding.— Amounts made available under this section shall remain available until expended.
(i) Administrative Expenses.— (1) Authorization of appropriations.— There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration— (A) $254,849,000 for fiscal year 2005; (B) $213,000,000 for fiscal year 2006; (C) $223,000,000 for fiscal year 2007; (D) $228,000,000 for fiscal year 2008; (E) $234,000,000 for fiscal year 2009; (F) $239,828,000 for fiscal year 2010; (G) $244,144,000 for fiscal year 2011; (H) $251,000,000 for fiscal year 2013; (I) $259,000,000 for fiscal year 2014; and (J) $172,430,137 for the period beginning on October 1, 2014, and ending on May 31, 2015. (2) Use of funds.— The funds authorized by this subsection shall be used for personnel costs; administrative infrastructure; rent; information technology; programs for research and technology, information management, regulatory development, the administration of the performance and registration information system management, and outreach and education; other operating expenses; and such other expenses as may from time to time become necessary to implement statutory mandates of the Administration not funded from other sources.
(i) Reallocation.— (1) In general.— Except as provided in paragraph (2), amounts not expended by a recipient during the period of availability shall be released back to the Secretary for reallocation for any purpose under section 31102, 31103, or 31313 or this section to ensure, to the maximum extent possible, that all such amounts are obligated. (2) Motor carrier safety assistance program.— Amounts made available for the motor carrier safety assistance program established under section 31102 (other than amounts made available to carry out section 31102( l )) that are not expended by a recipient during the period of availability shall be released back to the Secretary for reallocation under that program.
(j) Availability of Funds; Contract Authority.—
(1) Period of availability.—
The amounts made available under this section shall remain available until expended.
(2) Initial date of availability.—
Authorizations from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.
(3) Contract authority.—
Approval by the Secretary of a grant with funds made available under this section imposes upon the United States a contractual obligation for payment of the Government’s share of costs incurred in carrying out the objectives of the grant.
(k) High-Priority Activities.—
(1) Criteria.—
The Secretary shall establish safety performance criteria to be used to distribute high priority program funds under this subsection.
(2) Set aside.—
The Secretary may set aside from amounts made available by subsection (a) up to $15,000,000 for each of fiscal years 2006 through 2014 and up to $9,986,301 for the period beginning on October 1, 2014, and ending on May 31, 2015, for States, local governments, and organizations representing government agencies or officials described in paragraph (3) for carrying out high priority activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations (including activities and projects that are national in scope), increase public awareness and education, demonstrate new technologies, and reduce the number and rate of accidents involving commercial motor vehicles.
(3) Description of recipients.—
Amounts set aside under this subsection shall be allocated by the Secretary only to State agencies, local governments, and organizations representing government agencies or officials that use and train qualified officers and employees in coordination with State motor vehicle safety agencies.
(4) Limitation.—
At least 90 percent of the amounts set aside for a fiscal year under this subsection shall be awarded in grants to State agencies and local government agencies.