
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31104]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
 SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS
 
Sec. 31104. Availability of amounts

    (a) In General.--The following amounts are made available from the 
Highway Trust Fund (other than the Mass Transit Account) for the 
Secretary of Transportation to incur obligations to carry out section 
31102:
        (1) Not more than $79,000,000 for fiscal year 1998.
        (2) Not more than $90,000,000 for fiscal year 1999.
        (3) Not more than $95,000,000 for fiscal year 2000.
        (4) Not more than $100,000,000 for fiscal year 2001.
        (5) Not more than $105,000,000 for fiscal year 2002.
        (6) Not more than $110,000,000 for fiscal year 2003.

    (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.
    (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.
    (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.
    (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.
    (f) Allocation Criteria and Eligibility.--
        (1) In general.--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.
        (2) High-priority and border activities.--
            (A) High-priority activities and projects.--The Secretary 
        may designate up to 5 percent of amounts available for 
        allocation under paragraph (1) for States, local governments, 
        and other persons 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, or demonstrate new 
        technologies. The amounts designated under this subparagraph 
        shall be allocated by the Secretary to State agencies, local 
        governments, and other persons that use and train qualified 
        officers and employees in coordination with State motor vehicle 
        safety agencies.
            (B) Border commercial motor vehicle safety and enforcement 
        programs.--The Secretary may designate up to 5 percent of 
        amounts available for allocation under paragraph (1) for States, 
        local governments, and other persons for carrying out border 
        commercial motor vehicle safety programs and enforcement 
        activities and projects. The amounts designated under this 
        subparagraph shall be allocated by the Secretary to State 
        agencies, local governments, and other persons that use and 
        train qualified officers and employees in coordination with 
        State motor vehicle safety agencies.

    (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.
    (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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 987; Pub. L. 105-
130, Sec. 7, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105-178, title IV, 
Sec. 4003(e)-(g), June 9, 1998, 112 Stat. 397.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31104(a)..............................  49 App.:2304(a).                 Jan. 6
, 1983, Pub. L. 97-424, Sec.
                                                                          404(a
), 96 Stat. 2156; restated Oct.
                                                                          27, 1
986, Pub. L. 99-570, Sec.  12014,
                                                                          100 S
tat. 3207-186; Dec. 18, 1991,
                                                                          Pub. 
L. 102-240, Sec.  4002(e), 105
                                                                          Stat.
 2142.
31104(b)..............................  49 App.:2304(c).                 Jan. 6
, 1983, Pub. L. 97-424, Sec.
                                                                          404(c
), 96 Stat. 2156; Oct. 27, 1986,
                                                                          Pub. 
L. 99-570, Sec.  12014, 100 Stat.
                                                                          3207-
186; restated Dec. 18, 1991, Pub.
                                                                          L. 10
2-240, Sec.  4002(f), 105 Stat.
                                                                          2142.
                                        49 App.:2304(e).                 Jan. 6
, 1983, Pub. L. 97-424, Sec.
                                                                          404(b
), (d), (e), 96 Stat. 2156;
                                                                          resta
ted Oct. 27, 1986, Pub. L. 99-
                                                                          570, 
Sec.  12014, 100 Stat. 3207-186.
31104(c)..............................  49 App.:2304(b).
31104(d)..............................  49 App.:2304(d).
31104(e)..............................  49 App.:2304(f)(1).              Jan. 6
, 1983, Pub. L. 97-424, Sec.
                                                                          404(f
), 96 Stat. 2156; Oct. 27, 1986,
                                                                          Pub. 
L. 99-570, Sec.  12014, 100 Stat.
                                                                          3207-
186; restated Dec. 18, 1991, Pub.
                                                                          L. 10
2-240, Sec.  4002(g), 105 Stat.
                                                                          2142.
31104(f)..............................  49 App.:2304(f)(2).
31104(g)(1)...........................  49 App.:2304(g) (less last       Jan. 6
, 1983, Pub. L. 97-424, 96 Stat.
                                         sentences of (5) and (6)).       2155,
 Sec.  404(g), (h); added Dec.
                                                                          18, 1
991, Pub. L. 102-240, Sec.
                                                                          4002(
h), (i), 105 Stat. 2143.
31104(g)(2)...........................  49 App.:2304(g)(5) (last
                                         sentence).
31104(g)(3)...........................  49 App.:2304(g)(6) (last
                                         sentence).
31104(h)..............................  49 App.:2304(h).
31104(i)..............................  49 App.:2304 (note).             Dec. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          4002(
k), 105 Stat. 2144.
31104(j)..............................  49 App.:2302 (note).             Dec. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          4002(
l), 105 Stat. 2144.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the text of 49 App.:2304(a)(1) and the references 
to fiscal years ending September 30, 1987-1992, are omitted as obsolete.
    In subsection (b), the text of 49 App.:2304(e) is omitted as 
superseded by 49 App.:2304(c) restated by section 4002(f) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 
102-240, 105 Stat. 2142) and restated in this subsection.
    In subsection (b)(2), the words ``Amounts made available under 
section 404(a)(2) of the Surface Transportation Assistance Act of 1982 
before October 1, 1991'' are substituted for ``Funds made available 
under this subchapter'' for clarity and because of the restatement.
    In subsection (c), the words ``Funds authorized to be appropriated'' 
are omitted because of the omission of 49 App.:2304(a)(1) as obsolete.
    In subsection (e), the words ``for administrative expenses incurred 
in carrying out section 31102 of this title'' are substituted for ``for 
administration of this section'' for clarity and consistency with the 
source provisions restated in this section and section 31102 of the 
revised title.
    In subsection (i), before clause (1), the words ``Not later than 6 
months after December 18, 1991'' are omitted as obsolete. The words 
``for grants under section 31102(a) of this title'' are substituted for 
``under the motor carrier safety assistance program'' for clarity and 
because of the restatement. The words ``In prescribing those 
regulations'' are substituted for ``In conducting such a revision'' 
because of the restatement.
    In subsection (j), the words ``Not later than 9 months after 
December 18, 1991'' are omitted as obsolete. The word ``final'' is 
omitted as unnecessary. The words ``regulations to be enforced under 
section 31102(a) of this title'' are substituted for ``under the motor 
carrier safety assistance program'' for clarity and because of the 
restatement.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-178, Sec. 4003(e), amended heading 
and text of subsec. (a) generally, substituting provisions relating to 
appropriations for fiscal years 1998 to 2003 for provisions relating to 
appropriations for fiscal years ending Sept. 30, 1993 to 1997 and for 
period of Oct. 1, 1997 through Mar. 31, 1998.
    Subsec. (b). Pub. L. 105-178, Sec. 4003(f), struck out par. (1) 
designation and par. (2) which read as follows: ``Amounts made available 
under section 404(a)(2) of the Surface Transportation Assistance Act of 
1982 before October 1, 1991, that are not obligated on October 1, 1992, 
are available for reallocation and obligation under paragraph (1) of 
this subsection.''
    Subsec. (f). Pub. L. 105-178, Sec. 4003(g)(1), added subsec. (f) and 
struck out heading and text of former subsec. (f). Text read as follows: 
``On October 1 of each fiscal year or as soon after that date as 
practicable, the Secretary, after making the deduction described in 
subsection (e) of this section, shall allocate under criteria the 
Secretary establishes the amounts available for that fiscal year among 
the States with plans approved under section 31102 of this title. 
However, the Secretary may designate specific eligible States among 
which to allocate those amounts in allocating amounts available--
        ``(1) for research, development, and demonstration under 
    subsection (g)(1)(F) of this section; and
        ``(2) for public education under subsection (g)(1)(G) of this 
    section.''
    Subsec. (g). Pub. L. 105-178, Sec. 4003(g)(1), (2), redesignated 
subsec. (h) as (g) and struck out former subsec. (g) which related to 
specific allocations.
    Subsec. (h). Pub. L. 105-178, Sec. 4003(g)(4), redesignated subsec. 
(j) as (h). Former subsec. (h) redesignated (g).
    Subsec. (i). Pub. L. 105-178, Sec. 4003(g)(3), struck out heading 
and text of subsec. (i). Text read as follows: ``The Secretary shall 
prescribe regulations to develop an improved formula and process for 
allocating amounts made available for grants under section 31102(a) of 
this title among States eligible for those amounts. In prescribing those 
regulations, the Secretary shall--
        ``(1) consider ways to provide incentives to States that 
    demonstrate innovative, successful, cost-efficient, or cost-
    effective programs to promote commercial motor vehicle safety and 
    hazardous material transportation safety;
        ``(2) place special emphasis on incentives to States that 
    conduct traffic safety enforcement activities that are coupled with 
    motor carrier safety inspections; and
        ``(3) consider ways to provide incentives to States that 
    increase compatibility of State commercial motor vehicle safety and 
    hazardous material transportation regulations with Government safety 
    regulations and promote other factors intended to promote 
    effectiveness and efficiency the Secretary decides are 
    appropriate.''
    Subsec. (j). Pub. L. 105-178, Sec. 4003(g)(4), redesignated subsec. 
(j) as (h).
    1997--Subsec. (a). Pub. L. 105-130 substituted ``Not more'' for 
``not more'' in pars. (1) to (5) and added par. (6).


        Increased Authorizations for Motor Carrier Safety Grants

    Pub. L. 105-178, title IV, Sec. 4003(i), as added by Pub. L. 106-
159, title I, Sec. 103(b)(1), Dec. 9, 1999, 113 Stat. 1753, provided 
that: ``The amount made available to incur obligations to carry out 
section 31102 of title 49, United States Code, by section 31104(a) of 
such title for each of fiscal years 2001 through 2003 shall be increased 
by $65,000,000.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5708, 31102, 31103, 31141 of 
this title; title 23 section 110.
