---
kind: "range"
citation: "49 U.S.C. §§ 31102–31104"
title: "49"
from: "31102"
to: "31104"
count: 3
release: "119-102"
url: "https://uscodex.org/usc/49/31102..31104"
---

# §31102. Motor carrier safety assistance program

- (a) **In General.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall administer a motor carrier safety assistance program funded under [section 31104](/usc/49/31104.md).
- (b) **Goal.—** The goal of the program is to ensure that the Secretary, [States](/usc/49/31101.md?p=4), local governments, other political jurisdictions, federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, [commercial motor vehicle](/usc/49/31101.md?p=1), and driver safety to support a safe and efficient surface [transportation](/usc/49/13907.md?p=e-2) system by—
  - (1) making targeted investments to promote safe [commercial motor vehicle](/usc/49/31101.md?p=1) [transportation](/usc/49/13907.md?p=e-2), including the [transportation](/usc/49/13907.md?p=e-2) of passengers and [hazardous materials](/usc/49/5102.md?p=2);
  - (2) investing in activities likely to generate maximum reductions in the number and severity of [commercial motor vehicle](/usc/49/31101.md?p=1) crashes and in fatalities resulting from such crashes;
  - (3) adopting and enforcing effective motor carrier, [commercial motor vehicle](/usc/49/31101.md?p=1), and driver safety regulations and practices consistent with Federal requirements; and
  - (4) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks.
- (c) **State Plans.—**
  - (1) **In general.—** In carrying out the program, the Secretary shall prescribe procedures for a [State](/usc/49/31101.md?p=4) to submit a multiple-year plan, and annual updates thereto, under which the [State](/usc/49/31101.md?p=4) agrees to assume responsibility for improving motor carrier safety by adopting and enforcing [State](/usc/49/31101.md?p=4) regulations, standards, and orders that are compatible with the regulations, standards, and orders of the Federal Government on [commercial motor vehicle](/usc/49/31101.md?p=1) safety and [hazardous materials](/usc/49/5102.md?p=2) [transportation](/usc/49/13907.md?p=e-2) safety.
  - (2) **Contents.—** The Secretary shall approve a [State](/usc/49/31101.md?p=4) plan if the Secretary determines that the plan is adequate to comply with the requirements of this section, and the plan—
    - (A) implements performance-based activities, including deployment and maintenance of technology to enhance the efficiency and effectiveness of [commercial motor vehicle](/usc/49/31101.md?p=1) safety programs;
    - (B) designates a lead [State](/usc/49/31101.md?p=4) [commercial motor vehicle](/usc/49/31101.md?p=1) safety [agency](/usc/49/114.md?p=n-2-A-i) responsible for administering the plan throughout the [State](/usc/49/31101.md?p=4);
    - (C) contains satisfactory assurances that the lead [State](/usc/49/31101.md?p=4) [commercial motor vehicle](/usc/49/31101.md?p=1) safety [agency](/usc/49/114.md?p=n-2-A-i) has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders;
    - (D) contains satisfactory assurances that the [State](/usc/49/31101.md?p=4) will devote adequate resources to the administration of the plan and enforcement of the regulations, standards, and orders;
    - (E) provides a right of entry (or other method a [State](/usc/49/31101.md?p=4) may use that the Secretary determines is adequate to obtain necessary information) and inspection to carry out the plan;
    - (F) provides that all reports required under this section be available to the Secretary on request;
    - (G) provides that the lead [State](/usc/49/31101.md?p=4) [commercial motor vehicle](/usc/49/31101.md?p=1) safety [agency](/usc/49/114.md?p=n-2-A-i) will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations that the Secretary prescribes;
    - (H) requires all registrants of [commercial motor vehicles](/usc/49/31101.md?p=1) to demonstrate knowledge of applicable safety regulations, standards, and orders of the Federal Government and the [State](/usc/49/31101.md?p=4);
    - (I) provides that the [State](/usc/49/31101.md?p=4) will grant maximum reciprocity for inspections conducted under the North American Inspection Standards through the use of a nationally accepted system that allows ready identification of previously inspected [commercial motor vehicles](/usc/49/31101.md?p=1);
    - (J) ensures that activities described in [subsection (h)](#h), if financed through grants to the [State](/usc/49/31101.md?p=4) made under this section, will not diminish the effectiveness of the development and implementation of the programs to improve motor carrier, [commercial motor vehicle](/usc/49/31101.md?p=1), and driver safety as described in [subsection (b)](#b);
    - (K) ensures that the lead [State](/usc/49/31101.md?p=4) [commercial motor vehicle](/usc/49/31101.md?p=1) safety [agency](/usc/49/114.md?p=n-2-A-i) will coordinate the plan, data collection, and information systems with the [State](/usc/49/31101.md?p=4) highway safety improvement program required under [section 148(c) of title 23](/usc/23/148.md?p=c);
    - (L) ensures participation in appropriate Federal Motor Carrier Safety Administration information technology and data systems and other information systems by all appropriate jurisdictions receiving motor carrier safety assistance program funding;
    - (M) ensures that information is exchanged among the [States](/usc/49/31101.md?p=4) in a timely manner;
    - (N) provides satisfactory assurances that the [State](/usc/49/31101.md?p=4) will undertake efforts that will emphasize and improve enforcement of [State](/usc/49/31101.md?p=4) and local traffic safety laws and regulations related to [commercial motor vehicle](/usc/49/31101.md?p=1) safety;
    - (O) provides satisfactory assurances that the [State](/usc/49/31101.md?p=4) will address national priorities and performance goals, including—
      - (i) activities aimed at removing impaired [commercial motor vehicle](/usc/49/31101.md?p=1) drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment;
      - (ii) activities aimed at providing an appropriate level of training to [State](/usc/49/31101.md?p=4) motor carrier safety assistance program officers and [employees](/usc/49/31101.md?p=2) on recognizing drivers impaired by alcohol or controlled substances; and
      - (iii) when conducted with an appropriate [commercial motor vehicle](/usc/49/31101.md?p=1) inspection, criminal interdiction activities, and appropriate strategies for carrying out those interdiction activities, including interdiction activities that affect the [transportation](/usc/49/13907.md?p=e-2) of controlled substances (as defined in [section 102](/usc/49/102.md) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ([21 U.S.C. 802](/usc/21/802.md)) and listed in [part 1308 of title 21, Code of Federal Regulations](/cfr/21/part1308.md), as updated and republished from time to time) by any occupant of a [commercial motor vehicle](/usc/49/31101.md?p=1);
    - (P) provides that the [State](/usc/49/31101.md?p=4) has established and dedicated sufficient resources to a program to ensure that—
      - (i) the [State](/usc/49/31101.md?p=4) collects and reports to the Secretary accurate, complete, and timely motor carrier safety data; and
      - (ii) the [State](/usc/49/31101.md?p=4) participates in a national motor carrier safety data correction system prescribed by the Secretary;
    - (Q) ensures that the [State](/usc/49/31101.md?p=4) will cooperate in the enforcement of financial responsibility requirements under sections [13906](/usc/49/13906.md), [31138](/usc/49/31138.md), and [31139](/usc/49/31139.md) and regulations issued under those sections;
    - (R) ensures consistent, effective, and reasonable sanctions;
    - (S) ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel;
    - (T) provides that the [State](/usc/49/31101.md?p=4) will include in the training manuals for the licensing examination to drive noncommercial motor vehicles and [commercial motor vehicles](/usc/49/31101.md?p=1) information on best practices for driving safely in the vicinity of noncommercial and [commercial motor vehicles](/usc/49/31101.md?p=1);
    - (U) provides that the [State](/usc/49/31101.md?p=4) will enforce the registration requirements of sections [13902](/usc/49/13902.md) and [31134](/usc/49/31134.md) by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under those sections or to be operated beyond the scope of the motor carrier’s registration;
    - (V) provides that the [State](/usc/49/31101.md?p=4) will conduct comprehensive and highly visible traffic enforcement and [commercial motor vehicle](/usc/49/31101.md?p=1) safety inspection programs in high-risk locations and corridors;
    - (W) except in the case of an imminent hazard or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a bus station, terminal, border crossing, maintenance facility, destination, or other location where a motor carrier may make a planned stop (excluding a weigh station);
    - (X) ensures that the [State](/usc/49/31101.md?p=4) will transmit to its roadside inspectors notice of each Federal exemption granted under [section 31315(b) of this title](/usc/49/31315.md?p=b) and sections [390.23](/cfr/49/390.23.md) and [390.25](/cfr/49/390.25.md) of title 49, Code of Federal Regulations, and provided to the [State](/usc/49/31101.md?p=4) by the Secretary, including the name of the person that received the exemption and any terms and conditions that apply to the exemption;
    - (Y) except as provided in [subsection (d)](#d), provides that the [State](/usc/49/31101.md?p=4)—
      - (i) will conduct safety audits of interstate and, at the [State](/usc/49/31101.md?p=4)’s discretion, intrastate new entrant motor carriers under [section 31144(g)](/usc/49/31144.md?p=g); and
      - (ii) if the [State](/usc/49/31101.md?p=4) authorizes a third party to conduct safety audits under [section 31144(g)](/usc/49/31144.md?p=g) on its behalf, the [State](/usc/49/31101.md?p=4) verifies the quality of the work conducted and remains solely responsible for the management and oversight of the activities;
    - (Z) provides that the [State](/usc/49/31101.md?p=4) agrees to fully participate in the performance and registration information systems management under [section 31106(b)](/usc/49/31106.md?p=b) not later than October 1, 2020, by complying with the conditions for participation under [paragraph (3)](/usc/49/31106.md?p=b-3) of that section, or demonstrates to the Secretary an alternative approach for identifying and immobilizing a motor carrier with serious safety deficiencies in a manner that provides an equivalent level of safety;
    - (AA) in the case of a [State](/usc/49/31101.md?p=4) that shares a land border with another country, provides that the [State](/usc/49/31101.md?p=4)—
      - (i) will conduct a border [commercial motor vehicle](/usc/49/31101.md?p=1) safety program focusing on international commerce that includes enforcement and related projects; or
      - (ii) will forfeit all funds calculated by the Secretary based on border-related activities if the [State](/usc/49/31101.md?p=4) declines to conduct the program described in [clause (i)](#c-2-AA-i) in its plan; and
    - (BB) in the case of a [State](/usc/49/31101.md?p=4) that meets the other requirements of this section and agrees to comply with the requirements established in [subsection (l)(3)](#l-3), provides that the [State](/usc/49/31101.md?p=4) may fund operation and maintenance costs associated with innovative technology deployment under [subsection (l)(3)](#l-3) with motor carrier safety assistance program funds authorized under [section 31104(a)(1)](/usc/49/31104.md?p=a-1).
  - (3) **Publication.—**
    - (A) **In general.—** Subject to [subparagraph (B)](#c-3-B), the Secretary shall publish each approved [State](/usc/49/31101.md?p=4) multiple-year plan, and each annual update thereto, on a publically accessible Internet Web site of the Department of [Transportation](/usc/49/13907.md?p=e-2) not later than 30 days after the date the Secretary approves the plan or update.
    - (B) **Limitation.—** Before publishing an approved [State](/usc/49/31101.md?p=4) multiple-year plan or annual update under [subparagraph (A)](#c-3-A), the Secretary shall redact any information identified by the [State](/usc/49/31101.md?p=4) that, if disclosed—
      - (i) would reasonably be expected to interfere with enforcement proceedings; or
      - (ii) would reveal enforcement techniques or procedures that would reasonably be expected to risk circumvention of the law.
- (d) **Exclusion of U.S. Territories.—** The requirement that a [State](/usc/49/31101.md?p=4) conduct safety audits of new entrant motor carriers under [subsection (c)(2)(Y)](#c-2-Y) does not apply to a territory of the United States unless required by the Secretary.
- (e) **Intrastate Compatibility.—** The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate [commercial motor vehicle](/usc/49/31101.md?p=1) safety laws, including regulations, with Federal motor carrier safety regulations to be enforced under subsections [(b)](#b) and [(c)](#c). To the extent practicable, the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish motor vehicle safety.
- (f) **Maintenance of Effort.—**
  - (1) **Baseline.—** Except as provided under paragraphs [(2)](#f-2) and [(3)](#f-3) and in accordance with section 5107 of the FAST Act, a [State](/usc/49/31101.md?p=4) plan under [subsection (c)](#c) shall provide that the total expenditure of amounts of the lead [State](/usc/49/31101.md?p=4) [commercial motor vehicle](/usc/49/31101.md?p=1) safety [agency](/usc/49/114.md?p=n-2-A-i) responsible for administering the plan will be maintained at a level each fiscal year that is at least equal to—
    - (A) the average level of that expenditure for fiscal years 2004 and 2005; or
    - (B) the level of that expenditure for the year in which the Secretary implements a new allocation formula under [section 5106](/usc/49/5106.md) of the FAST Act.
  - (2) **Adjusted baseline after fiscal year 2017.—** At the request of a [State](/usc/49/31101.md?p=4), the Secretary may evaluate additional documentation related to the maintenance of effort and may make reasonable adjustments to the maintenance of effort baseline after the year in which the Secretary implements a new allocation formula under section 5106 of the FAST Act, and this adjusted baseline will replace the maintenance of effort requirement under [paragraph (1)](#f-1).
  - (3) **Waivers.—** At the request of a [State](/usc/49/31101.md?p=4), the Secretary may waive or modify the requirements of this subsection for a total of 1 fiscal year if the Secretary determines that the waiver or modification is reasonable, based on circumstances described by the [State](/usc/49/31101.md?p=4), to ensure the continuation of [commercial motor vehicle](/usc/49/31101.md?p=1) enforcement activities in the [State](/usc/49/31101.md?p=4).
  - (4) **Level of state expenditures.—** In estimating the average level of a [State](/usc/49/31101.md?p=4)’s expenditures under [paragraph (1)](#f-1), the Secretary—
    - (A) may allow the [State](/usc/49/31101.md?p=4) to exclude [State](/usc/49/31101.md?p=4) expenditures for federally sponsored demonstration and pilot programs and strike forces;
    - (B) may allow the [State](/usc/49/31101.md?p=4) to exclude expenditures for activities related to border enforcement and new entrant safety audits; and
    - (C) shall require the [State](/usc/49/31101.md?p=4) to exclude [State](/usc/49/31101.md?p=4) matching amounts used to receive Federal financing under [section 31104](/usc/49/31104.md).
- (g) **Use of Unified Carrier Registration Fees Agreement.—** Amounts generated under [section 14504a](/usc/49/14504a.md) and received by a [State](/usc/49/31101.md?p=4) and used for motor carrier safety purposes may be included as part of the [State](/usc/49/31101.md?p=4)’s match required under [section 31104](/usc/49/31104.md) or maintenance of effort required by [subsection (f)](#f).
- (h) **Use of Grants To Enforce Other Laws.—** When approved as part of a [State](/usc/49/31101.md?p=4)’s plan under [subsection (c)](#c), the [State](/usc/49/31101.md?p=4) may use motor carrier safety assistance program funds received under this section—
  - (1) if the activities are carried out in conjunction with an appropriate inspection of a [commercial motor vehicle](/usc/49/31101.md?p=1) to enforce Federal or [State](/usc/49/31101.md?p=4) [commercial motor vehicle](/usc/49/31101.md?p=1) safety regulations, for—
    - (A) enforcement of [commercial motor vehicle](/usc/49/31101.md?p=1) size and weight limitations at locations, excluding fixed-weight facilities, such as near steep grades or mountainous terrains, where the weight of a [commercial motor vehicle](/usc/49/31101.md?p=1) can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States; and
    - (B) detection of and enforcement actions taken as a result of criminal activity, including the trafficking of human beings, in a [commercial motor vehicle](/usc/49/31101.md?p=1) or by any occupant, including the [operator](/usc/49/30501.md?p=6), of the [commercial motor vehicle](/usc/49/31101.md?p=1); and
  - (2) for documented enforcement of [State](/usc/49/31101.md?p=4) traffic laws and regulations designed to promote the safe operation of [commercial motor vehicles](/usc/49/31101.md?p=1), including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of [commercial motor vehicles](/usc/49/31101.md?p=1), if—
    - (A) the number of motor carrier safety activities, including roadside safety inspections, conducted in the [State](/usc/49/31101.md?p=4) is maintained at a level at least equal to the average level of such activities conducted in the [State](/usc/49/31101.md?p=4) in fiscal years 2014 and 2015; and
    - (B) the [State](/usc/49/31101.md?p=4) does not use more than 10 percent of the basic amount the [State](/usc/49/31101.md?p=4) receives under a grant awarded under [section 31104(a)(1)](/usc/49/31104.md?p=a-1) for enforcement activities relating to noncommercial motor vehicles necessary to promote the safe operation of [commercial motor vehicles](/usc/49/31101.md?p=1) unless the Secretary determines that a higher percentage will result in significant increases in [commercial motor vehicle](/usc/49/31101.md?p=1) safety.
- (i) **Evaluation of Plans and Award of Grants.—**
  - (1) **Awards.—** The Secretary shall establish criteria for the application, evaluation, and approval of [State](/usc/49/31101.md?p=4) plans under this section. Subject to [subsection (j)](#j), the Secretary may allocate the amounts made available under [section 31104(a)(1)](/usc/49/31104.md?p=a-1) among the [States](/usc/49/31101.md?p=4).
  - (2) **Opportunity to cure.—** If the Secretary disapproves a plan under this section, the Secretary shall give the [State](/usc/49/31101.md?p=4) a written explanation of the reasons for disapproval and allow the [State](/usc/49/31101.md?p=4) to modify and resubmit the plan for approval.
- (j) **Allocation of Funds.—**
  - (1) **In general.—** The Secretary, by regulation, shall prescribe allocation criteria for funds made available under [section 31104(a)(1)](/usc/49/31104.md?p=a-1).
  - (2) **Annual allocations.—** On October 1 of each fiscal year, or as soon as practicable thereafter, and after making a deduction under [section 31104(c)](/usc/49/31104.md?p=c), the Secretary shall allocate amounts made available under [section 31104(a)(1)](/usc/49/31104.md?p=a-1) to carry out this section for the fiscal year among the [States](/usc/49/31101.md?p=4) with plans approved under this section in accordance with the criteria prescribed under [paragraph (1)](#j-1).
  - (3) **Elective adjustments.—** Subject to the availability of funding and notwithstanding fluctuations in the data elements used by the Secretary to calculate the annual allocation amounts, after the creation of a new allocation formula under section 5106 of the FAST Act, the Secretary may not make elective adjustments to the allocation formula that decrease a [State](/usc/49/31101.md?p=4)’s Federal funding levels by more than 3 percent in a fiscal year. The 3 percent limit shall not apply to the withholding provisions of [subsection (k)](#k).
- (k) **Plan Monitoring.—**
  - (1) **In general.—** On the basis of reports submitted by the lead [State](/usc/49/31101.md?p=4) [agency](/usc/49/114.md?p=n-2-A-i) responsible for administering a [State](/usc/49/31101.md?p=4) plan approved under this section and an investigation by the Secretary, the Secretary shall periodically evaluate [State](/usc/49/31101.md?p=4) implementation of and compliance with the [State](/usc/49/31101.md?p=4) plan.
  - (2) **Withholding of funds.—**
    - (A) **Disapproval.—** If, after notice and an opportunity to be heard, the Secretary finds that a [State](/usc/49/31101.md?p=4) plan previously approved under this section is not being followed or has become inadequate to ensure enforcement of [State](/usc/49/31101.md?p=4) regulations, standards, or orders described in [subsection (c)(1)](#c-1), or the [State](/usc/49/31101.md?p=4) is otherwise not in compliance with the requirements of this section, the Secretary may withdraw approval of the [State](/usc/49/31101.md?p=4) plan and notify the [State](/usc/49/31101.md?p=4). Upon the receipt of such notice, the [State](/usc/49/31101.md?p=4) plan shall no longer be in effect and the Secretary shall withhold all funding to the [State](/usc/49/31101.md?p=4) under this section.
    - (B) **Noncompliance withholding.—** In lieu of withdrawing approval of a [State](/usc/49/31101.md?p=4) plan under [subparagraph (A)](#k-2-A), the Secretary may, after providing notice to the [State](/usc/49/31101.md?p=4) and an opportunity to be heard, withhold funding from the [State](/usc/49/31101.md?p=4) to which the [State](/usc/49/31101.md?p=4) would otherwise be entitled under this section for the period of the [State](/usc/49/31101.md?p=4)’s noncompliance. In exercising this option, the Secretary may withhold—
      - (i) up to 5 percent of funds during the fiscal year that the Secretary notifies the [State](/usc/49/31101.md?p=4) of its noncompliance;
      - (ii) up to 10 percent of funds for the first full fiscal year of noncompliance;
      - (iii) up to 25 percent of funds for the second full fiscal year of noncompliance; and
      - (iv) not more than 50 percent of funds for the third and any subsequent full fiscal year of noncompliance.
  - (3) **Judicial review.—** A [State](/usc/49/31101.md?p=4) adversely affected by a determination under [paragraph (2)](#k-2) may seek judicial review under [chapter 7](/usc/5/chptI-ch7.md) of title 5. Notwithstanding the disapproval of a [State](/usc/49/31101.md?p=4) plan under [paragraph (2)(A)](#k-2-A) or the withholding of funds under [paragraph (2)(B)](#k-2-B), the [State](/usc/49/31101.md?p=4) may retain jurisdiction in an administrative or a judicial proceeding that commenced before the notice of disapproval or withholding if the issues involved are not related directly to the reasons for the disapproval or withholding.
- (l) **High Priority Program.—**
  - (1) **In general.—** The Secretary shall administer a high priority program funded under [section 31104(a)(2)](/usc/49/31104.md?p=a-2) for the purposes described in [paragraphs (2) through (5)](#l-2..l-5).
  - (2) **Activities related to motor carrier safety.—** The Secretary may make discretionary grants to and enter into cooperative agreements with [States](/usc/49/31101.md?p=4), local governments, federally recognized Indian tribes, other political jurisdictions as necessary, and any person to carry out high priority activities and projects that augment motor carrier safety activities and projects planned in accordance with subsections [(b)](#b) and [(c)](#c), including activities and projects that—
    - (A) increase public awareness and education on [commercial motor vehicle](/usc/49/31101.md?p=1) safety;
    - (B) target unsafe driving of [commercial motor vehicles](/usc/49/31101.md?p=1) and noncommercial motor vehicles in areas identified as high risk crash corridors;
    - (C) improve the safe and secure movement of [hazardous materials](/usc/49/5102.md?p=2);
    - (D) improve safe [transportation](/usc/49/13907.md?p=e-2) of goods and persons in foreign commerce;
    - (E) demonstrate new technologies to improve [commercial motor vehicle](/usc/49/31101.md?p=1) safety;
    - (F) support participation in performance and registration information systems management under [section 31106(b)](/usc/49/31106.md?p=b)—
      - (i) for entities not responsible for submitting the plan under [subsection (c)](#c); or
      - (ii) for entities responsible for submitting the plan under [subsection (c)](#c)—
        - (I) before October 1, 2020, to achieve compliance with the requirements of participation; and
        - (II) beginning on October 1, 2020, or once compliance is achieved, whichever is sooner, for special initiatives or projects that exceed routine operations required for participation;
    - (G) conduct safety data improvement projects—
      - (i) that complete or exceed the requirements under [subsection (c)(2)(P)](#c-2-P) for entities not responsible for submitting the plan under [subsection (c)](#c); or
      - (ii) that exceed the requirements under [subsection (c)(2)(P)](#c-2-P) for entities responsible for submitting the plan under [subsection (c)](#c);
    - (H) support, through the use of funds otherwise available for such purposes—
      - (i) the recognition, prevention, and reporting of human trafficking, including the trafficking of human beings—
        - (I) in a [commercial motor vehicle](/usc/49/31101.md?p=1); or
        - (II) by any occupant, including the [operator](/usc/49/30501.md?p=6), of a [commercial motor vehicle](/usc/49/31101.md?p=1);
      - (ii) the detection of criminal activity or any other violation of law relating to human trafficking; and
      - (iii) enforcement of laws relating to human trafficking;
    - (I) otherwise support the recognition, prevention, and reporting of human trafficking; and
    - (J) otherwise improve [commercial motor vehicle](/usc/49/31101.md?p=1) safety and compliance with [commercial motor vehicle](/usc/49/31101.md?p=1) safety regulations.
  - (3) **Innovative technology deployment grant program.—**
    - (A) **In general.—** The Secretary shall establish an innovative technology deployment grant program to make discretionary grants to eligible [States](/usc/49/31101.md?p=4) for the innovative technology deployment of [commercial motor vehicle](/usc/49/31101.md?p=1) information systems and networks.
    - (B) **Purposes.—** The purposes of the program shall be—
      - (i) to advance the technological capability and promote the deployment of intelligent [transportation](/usc/49/13907.md?p=e-2) system applications for [commercial motor vehicle](/usc/49/31101.md?p=1) operations, including [commercial motor vehicle](/usc/49/31101.md?p=1), commercial driver, and carrier-specific information systems and networks; and
      - (ii) to support and maintain [commercial motor vehicle](/usc/49/31101.md?p=1) information systems and networks—
        - (I) to link Federal motor carrier safety information systems with [State](/usc/49/31101.md?p=4) [commercial motor vehicle](/usc/49/31101.md?p=1) systems;
        - (II) to improve the safety and productivity of [commercial motor vehicles](/usc/49/31101.md?p=1) and drivers; and
        - (III) to reduce costs associated with [commercial motor vehicle](/usc/49/31101.md?p=1) operations and Federal and [State](/usc/49/31101.md?p=4) [commercial motor vehicle](/usc/49/31101.md?p=1) regulatory requirements.
    - (C) **Eligibility.—** To be eligible for a grant under this paragraph, a [State](/usc/49/31101.md?p=4) shall—
      - (i) have a [commercial motor vehicle](/usc/49/31101.md?p=1) information systems and networks program plan approved by the Secretary that describes the various systems and networks at the [State](/usc/49/31101.md?p=4) level that need to be refined, revised, upgraded, or built to accomplish deployment of [commercial motor vehicle](/usc/49/31101.md?p=1) information systems and networks capabilities;
      - (ii) certify to the Secretary that its [commercial motor vehicle](/usc/49/31101.md?p=1) information systems and networks deployment activities, including hardware procurement, software and system development, and infrastructure modifications—
        - (I) are consistent with the national intelligent [transportation](/usc/49/13907.md?p=e-2) systems and [commercial motor vehicle](/usc/49/31101.md?p=1) information systems and networks architectures and available standards; and
        - (II) promote interoperability and efficiency to the extent practicable; and
      - (iii) agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent [transportation](/usc/49/13907.md?p=e-2) systems architecture, applicable standards, and protocols for [commercial motor vehicle](/usc/49/31101.md?p=1) information systems and networks.
    - (D) **Use of funds.—** Grant funds received under this paragraph may be used—
      - (i) for deployment activities and activities to develop new and innovative advanced technology solutions that support [commercial motor vehicle](/usc/49/31101.md?p=1) information systems and networks;
      - (ii) for planning activities, including the development or updating of program or top level design plans in order to become eligible or maintain eligibility under [subparagraph (C)](#l-3-C);
      - (iii) for the operation and maintenance costs associated with innovative technology;
      - (iv) for the detection of, and enforcement actions taken as a result of, criminal activity (including the trafficking of human beings)—
        - (I) in a [commercial motor vehicle](/usc/49/31101.md?p=1); or
        - (II) by any occupant, including the [operator](/usc/49/30501.md?p=6), of a [commercial motor vehicle](/usc/49/31101.md?p=1); and
      - (v) in addition to any funds otherwise made available for the recognition, prevention, and reporting of human trafficking, to support the recognition, prevention, and reporting of human trafficking.
    - (E) **Secretary authorization.—** The Secretary is authorized to award a [State](/usc/49/31101.md?p=4) funding for the operation and maintenance costs associated with innovative technology deployment with funds made available under sections [31104(a)(1)](/usc/49/31104.md?p=a-1) and [31104(a)(2)](/usc/49/31104.md?p=a-2).
  - (4) **Immobilization grant program.—**
    - (A) **Definition of passenger-carrying commercial motor vehicle.—** In this paragraph, the term “passenger-carrying commercial motor vehicle” has the meaning given the term “commercial motor vehicle” in [section 31301](/usc/49/31301.md).
    - (B) **Establishment.—** The Secretary shall establish an immobilization grant program under which the Secretary shall provide to [States](/usc/49/31101.md?p=4) discretionary grants for the immobilization or impoundment of [passenger-carrying commercial motor vehicles](#l-4-A) that—
      - (i) are determined to be unsafe; or
      - (ii) fail inspection.
    - (C) **List of criteria for immobilization.—** The Secretary, in consultation with [State](/usc/49/31101.md?p=4) [commercial motor vehicle](#l-4-A) entities, shall develop a list of [commercial motor vehicle](#l-4-A) safety violations and defects that the Secretary determines warrant the immediate immobilization of a [passenger-carrying commercial motor vehicle](#l-4-A).
    - (D) **Eligibility.—** A [State](/usc/49/31101.md?p=4) shall be eligible to receive a grant under this paragraph only if the [State](/usc/49/31101.md?p=4) has the authority to require the immobilization or impoundment of a [passenger-carrying commercial motor vehicle](#l-4-A)—
      - (i) with respect to which a motor vehicle safety violation included in the list developed under [subparagraph (C)](#l-4-C) is determined to exist; or
      - (ii) that is determined to have a defect included in that list.
    - (E) **Use of funds.—** A grant provided under this paragraph may be used for—
      - (i) the immobilization or impoundment of [passenger-carrying commercial motor vehicles](#l-4-A) described in [subparagraph (D)](#l-4-D);
      - (ii) safety inspections of those [passenger-carrying commercial motor vehicles](#l-4-A); and
      - (iii) any other activity relating to an activity described in clause [(i)](#l-4-E-i) or [(ii)](#l-4-E-ii), as determined by the Secretary.
    - (F) **Secretary authorization.—** The Secretary may provide to a [State](/usc/49/31101.md?p=4) amounts for the costs associated with carrying out an immobilization program using funds made available under [section 31104(a)(2)](/usc/49/31104.md?p=a-2).
  - (5) **Commercial motor vehicle enforcement training and support grant program.—**
    - (A) **In general.—** The Secretary shall administer a [commercial motor vehicle](/usc/49/31101.md?p=1) enforcement training and support grant program funded under [section 31104(a)(3)](/usc/49/31104.md?p=a-3), under which the Secretary shall make discretionary grants to eligible entities described in [subparagraph (C)](#l-5-C) for the purposes described in [subparagraph (B)](#l-5-B).
    - (B) **Purposes.—** The purposes of the grant program under [subparagraph (A)](#l-5-A) are—
      - (i) to train non-Federal [employees](/usc/49/31101.md?p=2) who conduct [commercial motor vehicle](/usc/49/31101.md?p=1) enforcement activities; and
      - (ii) to develop related training materials.
    - (C) **Eligible entities.—** An entity eligible for a discretionary grant under the program described in [subparagraph (A)](#l-5-A) is a nonprofit organization that has—
      - (i) expertise in conducting a training program for non-Federal [employees](/usc/49/31101.md?p=2); and
      - (ii) the ability to reach and involve in a training program a target population of [commercial motor vehicle](/usc/49/31101.md?p=1) safety enforcement [employees](/usc/49/31101.md?p=2).

# §31103. Commercial motor vehicle operators grant program

- (a) **In General.—** The Secretary shall administer a [commercial motor vehicle](/usc/49/31101.md?p=1) [operators](/usc/49/30501.md?p=6) grant program funded under [section 31104](/usc/49/31104.md).
- (b) **Purpose.—** The purpose of the grant program is to train individuals in the safe operation of [commercial motor vehicles](/usc/49/31101.md?p=1) (as defined in [section 31301](/usc/49/31301.md)).
- (c) **Veterans.—** In administering grants under this section, the Secretary shall award priority to grant applications for programs to train former members of the armed forces (as defined in [section 101 of title 10](/usc/10/101.md)) in the safe operation of such vehicles.

# §31104. Authorization of appropriations

- (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)](#c), to carry out the motor carrier safety assistance program under [section 31102](/usc/49/31102.md) (other than the high priority program under [subsection (l)](/usc/49/31102.md?p=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)](#c), to carry out the high priority program under [section 31102(l)](/usc/49/31102.md?p=l) (other than the [commercial motor vehicle](/usc/49/31101.md?p=1) enforcement training and support grant program under [paragraph (5)](/usc/49/31102.md?p=l-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](/usc/49/31101.md?p=1) enforcement training and support grant program under [section 31102(l)(5)](/usc/49/31102.md?p=l-5), $5,000,000 for each of fiscal years 2022 through 2026;
  - (4) to carry out the [commercial motor vehicle](/usc/49/31101.md?p=1) [operators](/usc/49/30501.md?p=6) grant program under [section 31103](/usc/49/31103.md)—
    - (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)](#c), to carry out the financial assistance program for commercial driver’s license implementation under [section 31313](/usc/49/31313.md)—
    - (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) **Reimbursement and Payment to Recipients for Government Share of Costs.—**
  - (1) **In general.—** Amounts made available under [subsection (a)](#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](/usc/49/31102.md) (except [subsection (l)(5)](/usc/49/31102.md?p=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)](/usc/49/31102.md?p=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](/usc/49/31102.md), [31103](/usc/49/31103.md), and [31313](/usc/49/31313.md).
- (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)](#a-1), [(2)](#a-2), and [(5)](#a-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 and Cooperative Agreements as Contractual Obligations.—** The approval of a financial assistance agreement by the Secretary under section [31102](/usc/49/31102.md), [31103](/usc/49/31103.md), or [31313](/usc/49/31313.md) 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) **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) **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)](#a) is as follows:
  - (1) For grants made for carrying out [section 31102](/usc/49/31102.md), other than [section 31102(l)](/usc/49/31102.md?p=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)](/usc/49/31102.md?p=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)](/usc/49/31102.md?p=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)](/usc/49/31102.md?p=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](/usc/49/31103.md), 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](/usc/49/31313.md), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years.
- (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) **Availability of Funding.—** Amounts made available under this section shall remain available until expended.
- (i) **Reallocation.—**
  - (1) **In general.—** Except as provided in [paragraph (2)](#i-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](/usc/49/31102.md), [31103](/usc/49/31103.md), or [31313](/usc/49/31313.md) 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](/usc/49/31102.md) (other than amounts made available to carry out [section 31102(l)](/usc/49/31102.md?p=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.