§31102. Motor carrier safety assistance program — Inbound Citations
49 U.S.C. § 31102
Cited by 30 provisions in release 119-102.
Citations to 49 U.S.C. § 31102 as a whole
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(i) complements the State highway safety program under chapter 4 and the commercial vehicle safety plan under section 31102 of title 49;
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(c) The Secretary, or an employee (and, in the case of a motor carrier, a contractor, or an employee of the recipient of a grant issued under section 31102 of this title) designated by the Secretary, may on demand and display of proper credentials, in person or in writing—(1) inspect the equipment of a carrier or lessor; and(2) inspect and copy any record of—(A) a carrier, lessor, or association;(B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that person’s relation to, or transaction with, that carrier; and(C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record.
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(i) The Secretary, or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, may enforce an imminent hazard out-of-service order issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and impounding a commercial motor vehicle until the order is rescinded.
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(iii) The Secretary’s designee or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, shall immediately notify the owner of a commercial motor vehicle of the impoundment and the opportunity for review of the impoundment. A review shall be provided in accordance with section 554 of title 5, except that the review shall occur not later than 10 days after the impoundment.
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(B) In carrying out this paragraph, the Secretary of Transportation shall train inspectors, including Department of Transportation personnel, State employees described under subsection (c), or personnel paid with funds authorized under sections 31102 and 31104, in the recognition of adulteration problems associated with the transportation of cosmetics, devices, drugs, food, and food additives and in the procedures for obtaining assistance of the appropriate departments, agencies, and instrumentalities of the Government and State authorities to support the enforcement.
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(c) The means by which the Secretary of Transportation carries out subsection (b) may include inspections conducted by State employees using funds authorized to be appropriated under sections 31102 through 31104.
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(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;
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(i) 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.
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(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.
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(1) 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.
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(2) 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.
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(a) In carrying out this subchapter and regulations prescribed under section 31102 of this title, the Secretary of Transportation may—(1) conduct and make contracts for inspections and investigations;(2) compile statistics;(3) make reports;(4) issue subpenas;(5) require production of records and property;(6) take depositions;(7) hold hearings;(8) prescribe recordkeeping and reporting requirements;(9) conduct or make contracts for studies, development, testing, evaluation, and training; and(10) perform other acts the Secretary considers appropriate.
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(c) The Secretary may delegate to a State receiving a grant under section 31102 of this title those duties and powers related to enforcement (including conducting investigations) of this subchapter and regulations prescribed under this subchapter that the Secretary considers appropriate.
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(1) Except as provided in paragraph (2) of this subsection, this subchapter and section 31102 of this title do not—(A) prevent a State or voluntary group of States from imposing more stringent standards for use in their own periodic roadside inspection programs of commercial motor vehicles;(B) prevent a State from enforcing a program for inspection of commercial motor vehicles that the Secretary decides is as effective as the Government standards prescribed under subsection (b) of this section;(C) prevent a State from participating in the activities of a voluntary group of States enforcing a program for inspection of commercial motor vehicles; or(D) require a State that is enforcing a program described in clause (B) or (C) of this paragraph to enforce a Government standard prescribed under subsection (b) of this section or to adopt a provision on inspection of commercial motor vehicles in addition to that program to comply with the Government standards.
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(f) A State receiving financial assistance under section 31102 of this title in a fiscal year may enforce in that fiscal year a regulation on commercial motor vehicle safety adopted by the State as the regulation applies to commercial motor vehicles and operators leased to the Government.
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(d) If a State that receives motor carrier safety assistance program funds under section 31102 determines, by applying the standards prescribed by the Secretary under subsection (b), that an owner or operator of a commercial motor vehicle that has its principal place of business in that State and operates in intrastate commerce is unfit under such standards and prohibits the owner or operator from operating such vehicle in the State, the Secretary shall prohibit the owner or operator from operating such vehicle in interstate commerce until the State determines that the owner or operator is fit.
Citations to §31102(l)
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(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;
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(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;
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(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.
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(2) 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.
Citations to §31102(l)(2)
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(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.
Citations to §31102(l)(3)
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(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.
Citations to §31102(l)(5)
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(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;
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(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;
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(i) 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.
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(ii) 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.
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(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.