Sec. 5401. FMCSA financial assistance programs
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Section 31101 is amended— by redesignating paragraph
(4)as paragraph (5); and by inserting after paragraph
(3)the following: Secretary means the Secretary of Transportation. . Sections 31102 through 31104 are amended to read as follows: The Secretary shall administer a Motor Carrier Safety Assistance Program funded under section 31104 of this title. The goal of the program is to ensure that the Secretary, States, 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, and driver safety to support a safe and efficient surface transportation system by— making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials; investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and fatalities resulting from such crashes; adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks. The Secretary shall prescribe procedures for a State to submit a plan under which the State agrees to assume responsibility for improving motor carrier safety, adopting and enforcing regulations, standards, and orders of the Government on commercial motor vehicle and hazardous materials transportation safety, and adopting and enforcing compatible State regulations, standards, and orders. The Secretary shall approve a plan if the Secretary decides that the plan is adequate to promote the objectives of this section, and the plan— implements performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs; designates a lead State motor vehicle safety agency responsible for administering the plan throughout the State; contains satisfactory assurances that the lead State agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders; contains satisfactory assurances that the State will devote adequate resources to the administration of the plan and enforcement of the regulations, standards, and orders; provides a right of entry and inspection to carry out the plan; provides that all reports required under this section be available to the Secretary on request; provides that the lead State agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations that the Secretary prescribes; requires registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations, standards, and orders of the Government and the State; provides that the State 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; ensures that activities described in subsection
(g)of this section, if financed through grants made under this section, will not diminish the effectiveness of the development and implementation of commercial motor vehicle safety programs described in subsection
(a)of this section; ensures that the lead State agency will coordinate the plan, data collection, and information systems with the State highway safety improvement program required under section 148(c) of title 23; 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; ensures that information is exchanged among the States in a timely manner; provides satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic safety laws and regulations related to commercial motor vehicle safety; provides satisfactory assurances that the State will promote activities in support of national priorities and performance goals, including— activities aimed at removing impaired commercial motor vehicle 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; activities aimed at providing an appropriate level of training to State Motor Carrier Safety Assistance Program officers and employees on recognizing drivers impaired by alcohol or controlled substances; and when conducted with an appropriate commercial motor vehicle inspection, interdiction activities, and appropriate strategies for carrying out those activities, including activities that affect the transportation of controlled substances, as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 802 ) and listed in part 1308 of title 21, Code of Federal Regulations, as updated and republished from time to time, by any occupant of a commercial motor vehicle; provides that the State has established and dedicated sufficient resources to a program to ensure that— the State collects and reports to the Secretary accurate, complete, and timely motor carrier safety data; and the State participates in a national motor carrier safety data correction system prescribed by the Secretary; ensures that the State will cooperate in the enforcement of financial responsibility requirements under sections 13906, 31138, and 31139 of this title, and regulations issued under these sections; ensures consistent, effective, and reasonable sanctions; ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel; provides that the State will include in the training manuals for the licensing examination to drive both noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles; provides that the State will enforce the registration requirements of sections 13902 and 31134 of this title by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under these sections or to be operated beyond the scope of the motor carrier’s registration; provides that the State will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors; 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 station, terminal, border crossing, maintenance facility, destination, or other location where adequate food, shelter, and sanitation facilities are available for passengers, and reasonable accommodations are available for passengers with disabilities; ensures that the State will transmit to its roadside inspectors the notice of each Federal exemption granted pursuant to section 31315(b) of this title and 49 C.F.R. 390.23 and 390.25 and provided to the State by the Secretary, including the name of the person granted the exemption and any terms and conditions that apply to the exemption; except as provided in subsection
(c)of this section, provides that the State will conduct safety audits of new entrant motor carriers pursuant to section 31144(g) of this title; provides that the State agrees to fully participate in the Performance and Registration Information System Management under section 31106(b) of this title no later than 3 years from the date of enactment of this provision by complying with the program participation requirements established in section 31106(b)(3) of this title; and for a State that shares a land border with another country, provides that the State— will conduct a border commercial motor vehicle safety program that includes enforcement and related projects; or if it declines to include appropriate border related activities in its plan, will forfeit a proportionate level of funding as determined by the Secretary. The requirement that a State conduct safety audits of new entrant motor carriers under subsection (b)(25) of this section does not apply to a territory of the United States unless required by the Secretary. 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 subsection
(a)of this section. To the extent practicable, the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish transportation safety. A plan submitted by a State under subsection
(b)of this section shall provide that the total expenditure of amounts of the lead State agency responsible for administering the plan will be maintained at a level each fiscal year at least equal to the average level of that expenditure for fiscal years 2004 and 2005. In estimating the average level of State expenditure under paragraph
(1)of this subsection, the Secretary— may allow the State to exclude State expenditures for Government-sponsored demonstration and pilot programs and strike forces; may allow the State to exclude expenditures for activities related to border enforcement and new entrant safety audits; and shall require the State to exclude State matching amounts used to receive Government financing under this section. Upon the request of a State, the Secretary may waive or modify the requirements of this subsection for the period of the plan, if the Secretary determines that a waiver is equitable due to exceptional or uncontrollable circumstances. Amounts generated under section 14504a of this title and received by a State and used for motor carrier safety purposes may be included as part of the State’s share of the Motor Carrier Safety Assistance Program not provided by the Government. A State may use amounts received under a grant under this section— if the activities are carried out in conjunction with an appropriate inspection of a commercial motor vehicle to enforce Federal or State commercial motor vehicle safety regulations, for the— enforcement of commercial motor vehicle 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 can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States; and detection of and enforcement actions taken as a result of criminal activity, including the trafficking of human beings, in a commercial motor vehicle or by any occupant, including the operator, of the vehicle; for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles, provided: the number of motor carrier safety activities (including roadside safety inspections) conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2004 and 2005; and the State does not use more than 5 percent of the basic amount the State receives under a grant under this section for enforcement activities relating to noncommercial motor vehicles unless the Secretary determines that a higher percentage will result in significant increases in commercial motor vehicle safety; and for the enforcement of household goods regulations on intrastate and interstate carriers, provided that the State has adopted laws or regulations compatible with the Federal household goods regulations. The Secretary may allocate the amounts appropriated among the States whose plans have been approved under criteria that the Secretary establishes. If the Secretary disapproves a plan under this section, the Secretary shall give the State a written explanation of the reasons for disapproval and allow the State to modify and resubmit the plan for approval. On the basis of reports submitted by the lead State agency responsible for administering a plan approved under this section and the Secretary’s own investigations, the Secretary shall make a continuing evaluation of the way the State is carrying out the plan. If, after notice and an opportunity to be heard, the Secretary finds that the State plan previously approved is not being followed or has become inadequate to ensure enforcement of the regulations, standards, or orders, the Secretary may withdraw approval of the plan and notify the State. The plan is no longer in effect once the notice is received. In lieu of withdrawing approval of the plan, the Secretary may withhold funding from the State to which the State would otherwise be entitled under this section for the period of the State’s noncompliance. In exercising this option, the Secretary may withhold up to 10 percent of funds for the year that the Secretary notifies the State of its noncompliance, up to 10 percent of funds for the first full year of noncompliance, up to 25 percent of funds for the second full year of noncompliance, and not less than 50 percent of funds for the third and subsequent full years of noncompliance. A State adversely affected by the Secretary’s action under paragraph
(2)of this subsection may seek judicial review under chapter 7 of title 5. Notwithstanding withdrawal of a plan approval, the State may retain jurisdiction in administrative or judicial proceedings begun before the withdrawal if the issues involved are not related directly to the reasons for the withdrawal. On October 1 of each fiscal year, or as soon as practicable after that date, and after making a deduction under section 31104(a)(3) of this title, the Secretary shall allocate amounts made available to carry out this section for the fiscal year among the States with plans approved under this section. The allocation shall be made under criteria prescribed by the Secretary. The Secretary shall administer a High Priority Program funded under section 31104 of this title. The purpose of the program is to make grants to and cooperative agreements with States, local governments, other political jurisdictions, Federally recognized Indian Tribes, and any person to carry out high priority activities and projects, including activities and projects that— increase public awareness and education on commercial motor vehicle safety; target unsafe driving of commercial motor vehicles and non-commercial motor vehicles in areas identified as high risk crash corridors; support the enforcement of household goods regulations on intrastate and interstate carriers, provided that the State has adopted laws or regulations compatible with the Federal household good regulations; improve the safe and secure movement of hazardous materials and the transportation of goods and persons in foreign commerce; demonstrate new technologies to improve commercial motor vehicle safety; otherwise improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations; or support participation in the Performance and Registration Information System Management under section 31106(b) of this title. In addition to the activities and projects under subsection
(b)of this section and subject to paragraph
(2)of this subsection, the Secretary may make a grant to or cooperative agreement with a State under this section to improve the accuracy, timeliness, and completeness of commercial motor vehicle safety data reported to the Secretary. A State shall be eligible for funding under this subsection in a fiscal year if the Secretary determines that the State has— conducted a comprehensive audit of its commercial motor vehicle safety data system within the preceding 2 years; developed a plan that identifies and prioritizes its commercial motor vehicle safety data needs and goals; and identified performance-based measures to determine progress toward those goals. The following sums are authorized to be appropriated from the Highway Account of the Transportation Trust Fund for the following Federal Motor Carrier Safety Administration programs: Subject to paragraph 3 of this subsection, to carry out sections 31102 and 31103 of this title— $288,173,000 for fiscal year 2015; $309,081,000 for fiscal year 2016; $330,638,000 for fiscal year 2017; and $352,863,000 for fiscal year 2018. To make grants and cooperative agreements under section 31103 of this title, the Secretary may set aside from amounts made available under subparagraph
(A)of this paragraph up to— $21,178,000 for fiscal year 2015; $23,526,000 for fiscal year 2016; $25,947,000 for fiscal year 2017; and $28,443,000 for fiscal year 2018. To carry out section 31109 of this title— $25,000,000 for fiscal year 2015; $25,000,000 for fiscal year 2016; $25,000,000 for fiscal year 2017; and $25,000,000 for fiscal year 2018. To carry out section 31313 of this title— $38,580,000 for fiscal year 2015; $39,776,000 for fiscal year 2016; $41,009,000 for fiscal year 2017; and $42,280,000 for fiscal year 2018. To carry out section 31110 of this title, $1,000,000 for each fiscal year, 2015 through 2018. Amounts made available under this section shall be used to reimburse financial assistance recipients proportionally for the United States Government’s share of the costs incurred. On October 1 of each fiscal year or as soon after that date as practicable, the Secretary may deduct, from amounts made available under subparagraphs (A), (C), and
(D)of paragraph 1 of this subsection for that fiscal year, not more than 1.50 percent of those amounts for partner training and program support 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 these programs. The approval of a grant or cooperative agreement by the Secretary under section 31102, 31103, 31109, 31110, or 31313 of this title is a contractual obligation of the Government for payment of the Government’s share of costs in carrying out the provisions of the grant or cooperative agreement. The Secretary shall establish criteria for eligible activities to be funded with grants or cooperative agreements under this section and publish those criteria in a notice of funding availability before the program application period. The Secretary shall reimburse a recipient, from a grant or cooperative agreement made under section 31102, 31103, 31109, 31110, or 31313 of this title, 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 these sections. Each recipient shall submit vouchers at least quarterly for costs the recipient incurs in developing and implementing programs under section 31102, 31103, 31109, 31110, or 31313 of this title. The Secretary shall pay the recipient an amount not more than the Government share of the costs incurred as of the date of the vouchers. The Secretary shall include a recipient’s in-kind contributions in determining the reimbursement. Grants or cooperative agreements to carry out section 31102, 31103, 31109, 31110, or 31313 of this title remain available for expenditure by the recipient for the fiscal year in which they are allocated and for the next two fiscal years. Amounts not expended during the time permitted are released to the Secretary for reallocation. The following sums are authorized to be appropriated from the Highway Account of the Transportation Trust Fund for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration— $315,770,000 for fiscal year 2015; $372,743,000 for fiscal year 2016; $398,953,000 for fiscal year 2017; and $378,106,000 for fiscal year 2018. 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; to fund the facilities working capital fund; other operating expenses; and such other expenses as may from time to time become necessary to implement statutory mandates of the Federal Motor Carrier Safety Administration not funded from other sources. The Secretary shall conduct, through any combination of grants, contracts, or cooperative agreements, an outreach and education program to be administered by the Federal Motor Carrier Safety Administration. The program shall include, at a minimum— a program to promote a more comprehensive and national effort to educate commercial motor vehicle drivers and passenger vehicle drivers about how commercial motor vehicle drivers and passenger vehicle drivers can more safely share the road with each other; a program to promote enhanced traffic enforcement efforts aimed at reducing the incidence of the most common unsafe driving behaviors that cause or contribute to crashes involving commercial motor vehicles and passenger vehicles; and a program to establish a public-private partnership to provide resources and expertise for the development and dissemination of information relating to sharing the road referred to in clauses
(i)and
(ii)of this subparagraph to each partner’s constituents and to the general public through the use of brochures, videos, paid and public advertisements, the Internet, and other media. From amounts made available in paragraph
(1)of this subsection, the Secretary shall make available in support of the office of Outreach and Education— $4,905,988 for fiscal year 2015; $5,031,988 for fiscal year 2016; $5,294,988 for fiscal year 2017; and $5,294,988 for fiscal year 2018. The Federal share of a program or activity for which a grant or cooperative agreement is made under this paragraph shall be at least 85 percent of the cost of such program or activity. The Secretary may establish a motor carrier safety facility working capital fund. Amounts in the fund shall be available for modernization, construction, leases and expenses related to vacating, occupying, maintaining and expanding motor carrier safety facilities. Amounts in the fund shall be available without regard to fiscal year limitation. Amounts may be appropriated to the fund from the amounts made available paragraph
(1)of this subsection. The Agency may transfer funds to the working capital fund from the amounts made available in paragraph
(1)of this subsection. Amounts authorized from the Highway Account of the Transportation Trust Fund 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. Amounts made available under this section remain available until expended. . Section 31109 is amended to read as follows: The Secretary shall administer an innovative technology program funded under section 31104 of this title. The goal of the program is to support and maintain a commercial motor vehicle information systems and networks program to— link Federal motor carrier safety information systems with State commercial motor vehicle systems; improve the safety and productivity of commercial motor vehicles and drivers; and reduce costs associated with commercial motor vehicle operations and Federal and State commercial vehicle regulatory requirements. The program shall advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations, including commercial motor vehicle, commercial driver, and carrier-specific information systems and networks. The Secretary shall make grants to eligible States for the deployment of commercial motor vehicle information systems and networks. Funds from a grant under this section may be used for deployment activities and activities to develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks. To be eligible for a grant under this section, a State— shall have a commercial motor vehicle information systems and networks program plan approved by the Secretary that describes the various systems and networks at the State level that need to be refined, revised, upgraded, or built to accomplish deployment of commercial motor vehicle information systems and networks capabilities; shall certify to the Secretary that its commercial motor vehicle information systems and networks deployment activities, including hardware procurement, software and system development, and infrastructure modifications— are consistent with the national intelligent transportation systems and commercial motor vehicle information systems and networks architectures and available standards; and promote interoperability and efficiency to the extent practicable; and shall agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent transportation systems architecture, applicable standards, and protocols for commercial motor vehicle information systems and networks. In this section: Commercial motor vehicle information systems and networks means the information systems and communications networks that provide the capability to— improve the safety of commercial motor vehicle operations; increase the efficiency of regulatory inspection processes to reduce administrative burdens by advancing technology to facilitate inspections and increase the effectiveness of enforcement efforts; advance electronic processing of registration information, driver licensing information, fuel tax information, inspection and crash data, and other safety information; enhance the safe passage of commercial motor vehicles across the United States and across international borders; and promote the communication of information among the States and encourage multistate cooperation and corridor development. Commercial motor vehicle operations — means motor carrier operations and commercial motor vehicle regulatory activities associated with the commercial motor vehicle movement of goods, including property, hazardous materials, and passengers; and with respect to the public sector, includes the issuance of operating credentials, the administration of commercial motor vehicle and fuel taxes, and roadside safety and border crossing inspection and regulatory compliance operations. Deployment means, at a minimum, the implementation of systems in a State necessary to provide the State with the following capabilities: A safety information exchange to— electronically collect and transmit commercial motor vehicle and driver inspection data at a majority of inspection sites in the State; connect to the safety and fitness electronic records system for access to interstate carrier and commercial motor vehicle data, summaries of past safety performance, and commercial motor vehicle credentials information; and exchange carrier data and commercial motor vehicle safety and credentials information within the State and connect to such system for access to interstate carrier, commercial motor vehicle, and commercial driver data. Interstate credentials administration to— perform end-to-end processing, including carrier application, jurisdiction application processing, and credential issuance, of at least the international registration plan and international fuel tax agreement credentials and extend this processing to other credentials, including intrastate registration, vehicle titling, oversize vehicle permits, overweight vehicle permits, carrier registration, and hazardous materials permits; and connect to such plan and agreement clearinghouses. Roadside electronic screening to electronically screen commercial vehicles at a minimum of one fixed or mobile inspection site in the State. . Chapter 311 is amended by inserting after section 31109 (as amended by subsection
(c)of this section) the following: The Secretary shall administer a Commercial Motor Vehicle Operators Grant Program funded under section 31104 of this title. The purpose of the program is to train individuals in the safe operation of commercial motor vehicles as defined under section 31301 of this title. . Section 31313 is amended to read as follows: The Secretary of Transportation may make a grant to a State agency in a fiscal year— to comply with the requirements of section 31311 of this title; in the case of a State that is making a good faith effort toward substantial compliance with the requirements of section 31311 of this title, to improve its implementation of its commercial driver’s license program, including expenses: for computer hardware and software; for publications, testing, personnel, training, and quality control; for commercial driver’s license program coordinators; to implement or maintain a system to notify an employer of an operator of a commercial motor vehicle of the suspension or revocation of the operator’s commercial driver’s license consistent with the standards developed under section 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012 ( 49 U.S.C. 31304 note). The Secretary may make a grant or cooperative agreement in a fiscal year to a State agency, local government, or any person for research, development or testing, demonstration projects, public education, or other special activities and projects relating to commercial driver’s licensing and motor vehicle safety that— are of benefit to all jurisdictions of the United States; are designed to address national safety concerns and circumstances; are designed to address emerging issues relating to commercial driver’s license improvements; or support innovative ideas and solutions to commercial driver’s license program issues. A recipient may not use financial assistance funds awarded under this section to rent, lease, or buy land or buildings. All amounts made available to carry out this section for a fiscal year shall be apportioned according to criteria prescribed by the Secretary of Transportation. . Subsection
(b)of section 31106 is amended by striking paragraph (4). Section 31107 is repealed. Subsection
(g)of section 31144 is amended by striking paragraph (4), as redesignated by section 5105 of this Act. The analysis for chapter 311 is amended by— striking the item relating to section 31102 and inserting 31102. Motor Carrier Safety Assistance Program. ; striking the item relating to section 31103 and inserting 31103. High Priority Grant Program. ; striking the item relating to section 31107; striking the item relating to section 31109 and inserting Innovative Technology Deployment Grants. ; and by adding at the end of Subchapter I the following: 31110. Commercial Motor Vehicle Operators Grant Program. The subsection heading for section 31106(b) is amended by striking program and inserting system management . Section 31161 is amended by striking 31104(i) and inserting 31104(b) . The analysis for chapter 313 is amended by striking the item relating to section 31313 and inserting the following: 31313. Financial assistance program for commercial driver's license program implementation. .
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- 49 CFR 390.23
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