49 U.S.C. § 31104 — Authorization of appropriations

Page 840 TITLE 49—TRANSPORTATION § 31104 2005—Subsec. (a). Pub. L. 109–59 substituted ‘‘31102(b)(1)(E)’’ for ‘‘31102(b)(1)(D)’’ and inserted before last sentence ‘‘Amounts generated under the unified carrier registration agreement under section 14504a and received by a State and used for motor carrier safety purposes may be included as part of the State’s share not provided by the United States.’’ 1998—Pub. L. 105–178 designated existing provisions as subsec. (a), inserted subsec. heading, inserted ‘‘improve commercial motor vehicle safety and’’ after ‘‘imple- menting programs to’’, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2016, subject to a transition provision, see section 5101(f), (g) of Pub. L. 114–94, set out as Effective Date of 2015 Amendment and Transition notes under section 31102 of this title. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. RELIEF FOR RECIPIENTS OF FINANCIAL ASSISTANCE AWARDS FOR FISCAL YEARS 2019 AND 2020 Period of availability during which a recipient may expend grant amounts under this section extended for amounts awarded for fiscal years 2019 and 2020, see sec- tion 441 of div. N of Pub. L. 116–260, set out as a note under section 31102 of this title. RELATIONSHIP TO OTHER LAWS Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§ 4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, im- posing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not other- wise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title. § 31104. Authorization of appropriations (a) FINANCIAL ASSISTANCE PROGRAMS.—There are authorized to be appropriated from the High- way Trust Fund (other than the Mass Transit Account)— (1) subject to subsection (c), to carry out the motor carrier safety assistance program under section 31102 (other than the high priority pro- gram under subsection (l) of that section)— (A) $390,500,000 for fiscal year 2022; (B) $398,500,000 for fiscal year 2023; (C) $406,500,000 for fiscal year 2024; (D) $414,500,000 for fiscal year 2025; and (E) $422,500,000 for fiscal year 2026; (2) subject to subsection (c), to carry out the high priority program under section 31102(l) (other than the commercial motor vehicle en- forcement training and support grant program under paragraph (5) of that section)— (A) $57,600,000 for fiscal year 2022; (B) $58,800,000 for fiscal year 2023; (C) $60,000,000 for fiscal year 2024; (D) $61,200,000 for fiscal year 2025; and (E) $62,400,000 for fiscal year 2026; (3) to carry out the commercial motor vehi- cle enforcement training and support grant program under section 31102(l)(5), $5,000,000 for each of fiscal years 2022 through 2026; (4) to carry out the commercial motor vehi- cle operators grant program under section 31103— (A) $1,100,000 for fiscal year 2022; (B) $1,200,000 for fiscal year 2023; (C) $1,300,000 for fiscal year 2024; (D) $1,400,000 for fiscal year 2025; and (E) $1,500,000 for fiscal year 2026; and (5) subject to subsection (c), to carry out the financial assistance program for commercial driver’s license implementation under section 31313— (A) $41,800,000 for fiscal year 2022; (B) $42,650,000 for fiscal year 2023; (C) $43,500,000 for fiscal year 2024; (D) $44,350,000 for fiscal year 2025; and (E) $45,200,000 for fiscal year 2026. (b) REIMBURSEMENT AND PAYMENT TO RECIPI- ENTS FOR GOVERNMENT SHARE OF COSTS.— (1) IN GENERAL.—Amounts made available under subsection (a) shall be used to reimburse financial assistance recipients proportionally for the Federal Government’s share of the costs incurred. (2) REIMBURSEMENT AMOUNTS.— (A) REIMBURSEMENT PERCENTAGE.— (i) IN GENERAL.—The Secretary shall re- imburse 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 in- curred by the recipient in a fiscal year in developing and implementing programs under such sections. (ii) COMMERCIAL MOTOR VEHICLE ENFORCE- MENT TRAINING AND SUPPORT GRANT PRO- GRAM.—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 recipi- ent in a fiscal year in developing and im- plementing 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 contribu- tions in determining the reimbursement. (3) VOUCHERS.—Each recipient shall submit vouchers at least quarterly for costs the re- cipient incurs in developing and implementing programs under sections 31102, 31103, and 31313. (c) DEDUCTIONS FOR PROGRAM SUPPORT.—On October 1 of each fiscal year, or as soon after that date as practicable, the Secretary may de- duct from amounts made available under para- graphs (1), (2), and (5) of subsection (a) for that fiscal year not more than 1.50 percent of those amounts for program support in that fiscal year. (d) GRANTS AND COOPERATIVE AGREEMENTS AS CONTRACTUAL OBLIGATIONS.—The approval of a financial assistance agreement by the Secretary under section 31102, 31103, or 31313 is a contrac- tual obligation of the Federal Government for Page 841 TITLE 49—TRANSPORTATION § 31104 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 finan- cial assistance program application period. (f) PERIOD OF AVAILABILITY OF FINANCIAL AS- SISTANCE AGREEMENT FUNDS FOR RECIPIENT EX- PENDITURES.—The period of availability for a re- cipient to expend funds under a grant or cooper- ative agreement authorized under subsection (a) is as follows: (1) For grants made for carrying out section 31102, other than section 31102(l), for the fiscal year in which the Secretary approves the fi- nancial assistance agreement and for the next 2 fiscal years. (2) For grants made or cooperative agree- ments entered into for carrying out section 31102(l)(2), for the fiscal year in which the Sec- retary approves the financial assistance agree- ment and for the next 2 fiscal years. (3) For grants made for carrying out section 31102(l)(3), for the fiscal year in which the Sec- retary approves the financial assistance agree- ment and for the next 4 fiscal years. (4) For grants made for carrying out section 31102(l)(5), for the fiscal year in which the Sec- retary approves the financial assistance agree- ment and for the next 4 fiscal years. (5) For grants made for carrying out section 31103, for the fiscal year in which the Sec- retary approves the financial assistance agree- ment and for the next 2 fiscal years. (6) For grants made or cooperative agree- ments entered into for carrying out section 31313, for the fiscal year in which the Sec- retary approves the financial assistance agree- ment 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 Tran- sit Account) by this section shall be available for obligation on the date of their apportion- ment 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 avail- able until expended. (i) REALLOCATION.— (1) IN GENERAL.—Except as provided in para- graph (2), amounts not expended by a recipient during the period of availability shall be re- leased back to the Secretary for reallocation for any purpose under section 31102, 31103, or 31313 or this section to ensure, to the max- imum extent possible, that all such amounts are obligated. (2) MOTOR CARRIER SAFETY ASSISTANCE PRO- GRAM.—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 pro- gram. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 987; Pub. L. 105–130, § 7, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title IV, § 4003(e)–(g), June 9, 1998, 112 Stat. 397; Pub. L. 108–88, § 7(b), Sept. 30, 2003, 117 Stat. 1120; Pub. L. 108–202, § 11(b), Feb. 29, 2004, 118 Stat. 490; Pub. L. 108–224, § 9(b), Apr. 30, 2004, 118 Stat. 638; Pub. L. 108–263, § 9(b), June 30, 2004, 118 Stat. 709; Pub. L. 108–280, § 9(b), July 30, 2004, 118 Stat. 886; Pub. L. 108–310, § 7(b), Sept. 30, 2004, 118 Stat. 1153; Pub. L. 109–14, § 6(b), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, § 6(b), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, § 6(b), July 20, 2005, 119 Stat. 385; Pub. L. 109–37, § 6(b), July 22, 2005, 119 Stat. 400; Pub. L. 109–40, § 6(b), July 28, 2005, 119 Stat. 417; Pub. L. 109–59, title IV, §§ 4101(a), (b), 4107(a), Aug. 10, 2005, 119 Stat. 1714, 1719; Pub. L. 110–244, title III, § 301(a), June 6, 2008, 122 Stat. 1616; Pub. L. 111–147, title IV, § 422(a), (b), (d), Mar. 18, 2010, 124 Stat. 86, 87; Pub. L. 111–322, title II, § 2202(a), (b), (d), Dec. 22, 2010, 124 Stat. 3524, 3525; Pub. L. 112–5, title II, § 202(a), (b), (d), Mar. 4, 2011, 125 Stat. 16, 17; Pub. L. 112–30, title I, § 122(a), (b), (d), Sept. 16, 2011, 125 Stat. 348, 349; Pub. L. 112–102, title II, § 202(a), (b), (d), Mar. 30, 2012, 126 Stat. 273, 274; Pub. L. 112–140, title II, § 202(a), (b), (d), June 29, 2012, 126 Stat. 394, 395; Pub. L. 112–141, div. C, title II, § 32603(a), (b), (d), div. G, title II, § 112002(a), (b), July 6, 2012, 126 Stat. 807, 808, 982; Pub. L. 113–159, title I, § 1102(a), (b), (d), Aug. 8, 2014, 128 Stat. 1843, 1844; Pub. L. 114–21, title I, § 1102(a), (b), (d), May 29, 2015, 129 Stat. 221, 222; Pub. L. 114–41, title I, § 1102(a), (b), (d), July 31, 2015, 129 Stat. 448, 449; Pub. L. 114–73, title I, § 1102(a), (b), (d), Oct. 29, 2015, 129 Stat. 571, 572; Pub. L. 114–87, title I, § 1102(a), (b), (d), Nov. 20, 2015, 129 Stat. 680, 681; Pub. L. 114–94, div. A, title V, §§ 5101(c), 5103(c)(1), 5105(a), (c), Dec. 4, 2015, 129 Stat. 1523, 1527, 1529; Pub. L. 117–58, div. B, title III, § 23001(b), Nov. 15, 2021, 135 Stat. 757.) 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, § 404(a), 96 Stat. 2156; re- stated Oct. 27, 1986, Pub. L. 99–570, § 12014, 100 Stat. 3207–186; Dec. 18, 1991, Pub. L. 102–240, § 4002(e), 105 Stat. 2142. 31104(b) ...... 49 App.:2304(c). Jan. 6, 1983, Pub. L. 97–424, § 404(c), 96 Stat. 2156; Oct. 27, 1986, Pub. L. 99–570, § 12014, 100 Stat. 3207–186; restated Dec. 18, 1991, Pub. L. 102–240, § 4002(f), 105 Stat. 2142. 49 App.:2304(e). Jan. 6, 1983, Pub. L. 97–424, § 404(b), (d), (e), 96 Stat. 2156; restated Oct. 27, 1986, Pub. L. 99–570, § 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, § 404(f), 96 Stat. 2156; Oct. 27, 1986, Pub. L. 99–570, § 12014, 100 Stat. 3207–186; restated Dec. 18, 1991, Pub. L. 102–240, § 4002(g), 105 Stat. 2142. 31104(f) ....... 49 App.:2304(f)(2). 31104(g)(1) .. 49 App.:2304(g) (less last sentences of (5) and (6)). Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2155, § 404(g), (h); added Dec. 18, 1991, Pub. L. 102–240, § 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). Page 842 TITLE 49—TRANSPORTATION § 31104 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 31104(i) ....... 49 App.:2304 (note). Dec. 18, 1991, Pub. L. 102–240, § 4002(k), 105 Stat. 2144. 31104(j) ....... 49 App.:2302 (note). Dec. 18, 1991, Pub. L. 102–240, § 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 Effi- ciency Act of 1991 (Public Law 102–240, 105 Stat. 2142) and restated in this subsection. In subsection (b)(2), the words ‘‘Amounts made avail- able under section 404(a)(2) of the Surface Transpor- tation Assistance Act of 1982 before October 1, 1991’’ are substituted for ‘‘Funds made available under this sub- chapter’’ 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 ex- penses 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 omit- ted 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 pre- scribing those regulations’’ are substituted for ‘‘In con- ducting 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. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 117–58, § 23001(b)(1), added subsec. (a) and struck out former subsec. (a) which au- thorized appropriations for various programs for fiscal years 2017 to 2020. Subsec. (b)(2)(A). Pub. L. 117–58, § 23001(b)(2)(C), (D), designated first sentence of subsec. (b)(2) as (b)(2)(A)(i), inserted subpar. and cl. headings, inserted ‘‘(except sub- section (l)(5) of that section)’’ after ‘‘section 31102’’, and added cl. (ii). Subsec. (b)(2)(B). Pub. L. 117–58, § 23001(b)(2)(B), des- ignated second sentence of subsec. (b)(2) as (b)(2)(B) and inserted heading. Subsec. (b)(2)(C). Pub. L. 117–58, § 23001(b)(2)(A), des- ignated third sentence of subsec. (b)(2) as (b)(2)(C) and inserted heading. Subsec. (c). Pub. L. 117–58, § 23001(b)(3), in heading, struck out ‘‘Partner Training and’’ before ‘‘Program Support’’ and, in text, substituted ‘‘(5)’’ for ‘‘(4)’’, struck out ‘‘partner training and’’ before ‘‘program support’’, and struck out at end ‘‘The Secretary shall use at least 75 percent of those deducted amounts to train non-Federal Government employees and to de- velop related training materials in carrying out such programs.’’ Subsec. (f)(1). Pub. L. 117–58, § 23001(b)(4)(A), sub- stituted ‘‘for the next 2 fiscal years’’ for ‘‘for the next fiscal year’’. Subsec. (f)(4). Pub. L. 117–58, § 23001(b)(4)(D), added par. (4). Former par. (4) redesignated (5). Pub. L. 117–58, § 23001(b)(4)(B), substituted ‘‘for the next 2 fiscal years’’ for ‘‘for the next fiscal year’’. Subsec. (f)(5), (6). Pub. L. 117–58, § 23001(b)(4)(C), redes- ignated pars. (4) and (5) as (5) and (6), respectively. Subsec. (i). Pub. L. 117–58, § 23001(b)(5), designated ex- isting provisions as par. (1), inserted heading, sub- stituted ‘‘Except as provided in paragraph (2), amounts not expended’’ for ‘‘Amounts not expended’’, and added par. (2). 2015—Pub. L. 114–94, § 5101(c), amended section gen- erally. Prior to amendment, section related to avail- ability of appropriated amounts. Subsec. (a)(10). Pub. L. 114–94, § 5105(a), added par. (10) and struck out former par. (10) which read as follows: ‘‘$218,000,000 for fiscal year 2015; and’’. Pub. L. 114–41, § 1102(a)(2), added par. (10) and struck out former par. (10) which read as follows: ‘‘$181,567,123 for the period beginning on October 1, 2014, and ending on July 31, 2015.’’ Pub. L. 114–21, § 1102(a), amended par. (10) generally. Prior to amendment, par. (10) read as follows: ‘‘$145,134,247 for the period beginning on October 1, 2014, and ending on May 31, 2015.’’ Subsec. (a)(11). Pub. L. 114–94, § 5105(a), added par. (11) and struck out former par. (11) which read as follows: ‘‘$38,715,847 for the period beginning on October 1, 2015, and ending on December 4, 2015.’’ Pub. L. 114–87, § 1102(a), amended par. (11) generally. Prior to amendment, par. (11) read as follows: ‘‘$30,377,049 for the period beginning on October 1, 2015, and ending on November 20, 2015.’’ Pub. L. 114–73, § 1102(a), amended par. (11) generally. Prior to amendment, par. (11) read as follows: ‘‘$17,273,224 for the period beginning on October 1, 2015, and ending on October 29, 2015.’’ Pub. L. 114–41, § 1102(a), added par. (11). Subsec. (i). Pub. L. 114–94, § 5103(c)(1), redesignated subsec. (j) as (i) and struck out former subsec. (i) which related to authorization of appropriations for certain administrative expenses of the Federal Motor Carrier Safety Administration. See section 31110 of this title. Subsec. (i)(1)(J). Pub. L. 114–41, § 1102(b)(2), added sub- par. (J) and struck out former subpar. (J) which read as follows: ‘‘$215,715,068 for the period beginning on Octo- ber 1, 2014, and ending on July 31, 2015.’’ Pub. L. 114–21, § 1102(b), amended subpar. (J) gen- erally. Prior to amendment, subpar. (J) read as follows: ‘‘$172,430,137 for the period beginning on October 1, 2014, and ending on May 31, 2015.’’ Subsec. (i)(1)(K). Pub. L. 114–87, § 1102(b), amended subpar. (K) generally. Prior to amendment, subpar. (K) read as follows: ‘‘$36,090,164 for the period beginning on October 1, 2015, and ending on November 20, 2015.’’ Pub. L. 114–73, § 1102(b), amended subpar. (K) gen- erally. Prior to amendment, subpar. (K) read as follows: ‘‘$20,521,858 for the period beginning on October 1, 2015, and ending on October 29, 2015.’’ Pub. L. 114–41, § 1102(b), added subpar. (K). Subsec. (j). Pub. L. 114–94, § 5103(c)(1)(B), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i). Subsec. (j)(2). Pub. L. 114–94, § 5105(c), substituted ‘‘2016 for States,’’ for ‘‘2015 and up to $2,663,934 for the period beginning on October 1, 2015, and ending on De- cember 4, 2015, for States,’’. Subsec. (k). Pub. L. 114–94, § 5103(c)(1)(B), redesignated subsec. (k) as (j). Subsec. (k)(2). Pub. L. 114–87, § 1102(d), substituted ‘‘and up to $2,663,934 for the period beginning on Octo- ber 1, 2015, and ending on December 4, 2015,’’ for ‘‘and up to $2,090,164 for the period beginning on October 1, 2015, and ending on November 20, 2015,’’. Pub. L. 114–73, § 1102(d), substituted ‘‘and up to $2,090,164 for the period beginning on October 1, 2015, and ending on November 20, 2015,’’ for ‘‘and up to $1,188,525 for the period beginning on October 1, 2015, and ending on October 29, 2015,’’. Pub. L. 114–41, § 1102(d), substituted ‘‘each of fiscal years 2006 through 2015 and up to $1,188,525 for the pe- riod beginning on October 1, 2015, and ending on Octo- ber 29, 2015,’’ for ‘‘each of fiscal years 2006 through 2014 and up to $12,493,151 for the period beginning on October 1, 2014, and ending on July 31, 2015,’’. Page 843 TITLE 49—TRANSPORTATION § 31104 Pub. L. 114–21, § 1102(d), substituted ‘‘and up to $12,493,151 for the period beginning on October 1, 2014, and ending on July 31, 2015,’’ for ‘‘and up to $9,986,301 for the period beginning on October 1, 2014, and ending on May 31, 2015,’’. 2014—Subsec. (a)(10). Pub. L. 113–159, § 1102(a), added par. (10). Subsec. (i)(1)(J). Pub. L. 113–159, § 1102(b), added sub- par. (J). Subsec. (k)(2). Pub. L. 113–159, § 1102(d), inserted ‘‘and up to $9,986,301 for the period beginning on October 1, 2014, and ending on May 31, 2015,’’ after ‘‘2014’’. 2012—Subsec. (a)(7). Pub. L. 112–141, § 32603(a)(1), struck out ‘‘and’’ at end. Subsec. (a)(8). Pub. L. 112–141, § 112002(a), amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘$159,000,000 for the period beginning on Octo- ber 1, 2011, and ending on June 30, 2012.’’ Pub. L. 112–141, § 32603(a)(2), (3), added par. (8) and struck out former par. (8) which read as follows: ‘‘$212,000,000 for fiscal year 2012.’’ Pub. L. 112–140, §§ 1(c), 202(a), temporarily amended par. (8) generally, authorizing $161,120,000 for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below. Pub. L. 112–102, § 202(a), amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘$106,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.’’ Subsec. (a)(9). Pub. L. 112–141, § 32603(a)(3), added par. (9). Subsec. (i)(1)(F). Pub. L. 112–141, § 112002(b)(2), struck out open quotation marks and duplicate subpar. (F) designation after ‘‘(F)’’. Subsec. (i)(1)(G). Pub. L. 112–141, § 32603(b)(1), struck out ‘‘and’’ at end. Subsec. (i)(1)(H). Pub. L. 112–141, § 112002(b)(1), amend- ed subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: ‘‘$183,108,000 for the period begin- ning on October 1, 2011, and ending on June 30, 2012.’’ Pub. L. 112–141, § 32603(b)(2), (3), added subpar. (H) and struck out former subpar. (H) which read as follows: ‘‘$244,144,000 for fiscal year 2012.’’ Pub. L. 112–140, §§ 1(c), 202(b), temporarily amended subpar. (H) generally, authorizing $185,549,440 for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below. Pub. L. 112–102, § 202(b), amended subpar. (H) gen- erally. Prior to amendment, subpar. (H) read as follows: ‘‘$122,072,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.’’ Subsec. (i)(1)(I). Pub. L. 112–141, § 32603(b)(3), added subpar. (I). Subsec. (k)(2). Pub. L. 112–141, § 32603(d), substituted ‘‘2014’’ for ‘‘2011 and $11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’. Pub. L. 112–140, §§ 1(c), 202(d), temporarily substituted ‘‘2011 and $11,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,’’ for ‘‘2011 and $11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’. See Effective and Termi- nation Dates of 2012 Amendment note below. Pub. L. 112–102, § 202(d), substituted ‘‘2011 and $11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,’’ for ‘‘2011 and $7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,’’. 2011—Subsec. (a)(7). Pub. L. 112–5, § 202(a), amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘$88,753,000 for the period beginning October 1, 2010, and ending on March 4, 2011.’’ Subsec. (a)(8). Pub. L. 112–30, § 122(a), added par. (8). Subsec. (i)(1)(G). Pub. L. 112–5, § 202(b), amended sub- par. (G) generally, substituting ‘‘(G) $244,144,000 for fis- cal year 2011.’’ for ‘‘(G) ‘(G) $103,678,000 for the period beginning October 1, 2010, and ending on March 4, 2011.’’ Subsec. (i)(1)(H). Pub. L. 112–30, § 122(b), added subpar. (H). Subsec. (k)(2). Pub. L. 112–30, § 122(d), substituted ‘‘2011 and $7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,’’ for ‘‘2011’’. Pub. L. 112–5, § 202(d), substituted ‘‘through 2011’’ for ‘‘through 2010 and $6,370,000 for the period beginning Oc- tober 1, 2010, and ending on March 4, 2011’’. 2010—Subsec. (a)(6). Pub. L. 111–147, § 422(a), added par. (6). Subsec. (a)(7). Pub. L. 111–322, § 2202(a), substituted ‘‘$88,753,000 for the period beginning October 1, 2010, and ending on March 4, 2011.’’ for ‘‘$52,679,000 for the period beginning on October 1, 2010, and ending on December 31, 2010.’’ Pub. L. 111–147, § 422(a), added par. (7). Subsec. (i)(1)(F). Pub. L. 111–147, § 422(b), added sub- par. (F). Subsec. (i)(1)(G). Pub. L. 111–322, § 2202(b), substituted ‘‘$103,678,000 for the period beginning October 1, 2010, and ending on March 4, 2011.’’ for ‘‘$61,036,000 for the pe- riod beginning on October 1, 2010, and ending on Decem- ber 31, 2010.’’ Pub. L. 111–147, § 422(b), added subpar (G). Subsec. (k)(2). Pub. L. 111–322, § 2202(d), substituted ‘‘2010 and $6,370,000 for the period beginning October 1, 2010, and ending on March 4, 2011’’ for ‘‘2009, $15,000,000 for fiscal year 2010, and $3,781,000 for the period begin- ning on October 1, 2010, and ending on December 31, 2010’’. Pub. L. 111–147, § 422(d), substituted ‘‘2009, $15,000,000 for fiscal year 2010, and $3,781,000 for the period begin- ning on October 1, 2010, and ending on December 31, 2010’’ for ‘‘2009’’. 2008—Subsec. (f). Pub. L. 110–244 struck out par. (1) designation and heading before ‘‘On October’’ and struck out par. (2) which permitted the Secretary to designate certain allocated amounts for high-priority and border activities. 2005—Subsec. (a). Pub. L. 109–59, § 4101(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text contained pars. (1) to (8) making amounts 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 for fiscal years 1998 to 2004 and part of 2005. Subsec. (a)(8). Pub. L. 109–40 amended par. (8) gen- erally. Prior to amendment, par. (8) read as follows: ‘‘Not more than $138,904,110 for the period of October 1, 2004, through July 27, 2005.’’ Pub. L. 109–37 amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘Not more than $136,589,041 for the period of October 1, 2004, through July 21, 2005.’’ Pub. L. 109–35 amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘Not more than $135,200,000 for the period of October 1, 2004, through July 19, 2005.’’ Pub. L. 109–20 amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘Not more than $126,402,740 for the period of October 1, 2004, through June 30, 2005.’’ Pub. L. 109–14 amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘Not more than $112,512,329 for the period of October 1, 2004, through May 31, 2005.’’ Subsecs. (i), (j). Pub. L. 109–59, § 4101(b), added sub- secs. (i) and (j). Subsec. (k). Pub. L. 109–59, § 4107(a), added subsec. (k). 2004—Subsec. (a)(7). Pub. L. 108–280 amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘Not more than $140,833,333 for the period of October 1, 2003, through July 31, 2004.’’ Pub. L. 108–263 amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘Not more than $126,519,126 for the period of October 1, 2003, through June 30, 2004.’’ Pub. L. 108–224 amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘Not more than $98,352,000 for the period of October 1, 2003, through April 30, 2004.’’ Page 844 TITLE 49—TRANSPORTATION § 31105 Pub. L. 108–202 amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘Not more than $68,750,000 for the period of October 1, 2003, through Feb- ruary 29, 2004.’’ Subsec. (a)(8). Pub. L. 108–310 added par. (8). 2003—Subsec. (a)(7). Pub. L. 108–88 added par. (7). 1998—Subsec. (a). Pub. L. 105–178, § 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, § 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, § 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 Sec- retary, after making the deduction described in sub- section (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 avail- able— ‘‘(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, § 4003(g)(1), (2), redesig- nated subsec. (h) as (g) and struck out former subsec. (g) which related to specific allocations. Subsec. (h). Pub. L. 105–178, § 4003(g)(4), redesignated subsec. (j) as (h). Former subsec. (h) redesignated (g). Subsec. (i). Pub. L. 105–178, § 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 Sec- retary shall— ‘‘(1) consider ways to provide incentives to States that demonstrate innovative, successful, cost-effi- cient, or cost-effective programs to promote commer- cial 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 inspec- tions; and ‘‘(3) consider ways to provide incentives to States that increase compatibility of State commercial motor vehicle safety and hazardous material trans- portation regulations with Government safety regu- lations and promote other factors intended to pro- mote effectiveness and efficiency the Secretary de- cides are appropriate.’’ Subsec. (j). Pub. L. 105–178, § 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by sections 5103(c)(1) and 5105(a), (c) of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Amendment by section 5101(c) of Pub. L. 114–94 effec- tive Oct. 1, 2016, subject to a transition provision, see section 5101(f), (g) of Pub. L. 114–94, set out as Effective Date of 2015 Amendment and Transition notes under section 31102 of this title. EFFECTIVE AND TERMINATION DATES OF 2012 AMENDMENT Amendment by section 32603(a), (b) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, High- ways. Amendment by section 112002(a), (b) of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title. Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be exe- cuted as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways. FUNDING Pub. L. 109–59, title IV, § 4116(d), Aug. 10, 2005, 119 Stat. 1728, as amended by Pub. L. 114–94, div. A, title V, § 5103(c)(2), Dec. 4, 2015, 129 Stat. 1527, provided that: ‘‘Amounts made available pursuant to section 31110 of title 49, United States Code, shall be used by the Sec- retary [of Transportation] to carry out section 31149 of title 49, United States Code.’’ INCREASED AUTHORIZATIONS FOR MOTOR CARRIER SAFETY GRANTS Pub. L. 105–178, title IV, § 4003(i), as added by Pub. L. 106–159, title I, § 103(b)(1), Dec. 9, 1999, 113 Stat. 1753, pro- vided that: ‘‘The amount made available to incur obli- gations 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.’’ § 31105. Employee protections (a) PROHIBITIONS.—(1) A person may not dis- charge an employee, or discipline or discrimi- nate against an employee regarding pay, terms, or privileges of employment, because— (A)(i) the employee, or another person at the employee’s request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or order, or has testified or will testify in such a proceeding; or (ii) the person perceives that the employee has filed or is about to file a complaint or has begun or is about to begin a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or order; (B) the employee refuses to operate a vehicle because— (i) the operation violates a regulation, standard, or order of the United States re- lated to commercial motor vehicle safety, health, or security; or (ii) the employee has a reasonable appre- hension of serious injury to the employee or the public because of the vehicle’s hazardous safety or security condition; (C) the employee accurately reports hours on duty pursuant to chapter 315; (D) the employee cooperates, or the person perceives that the employee is about to co- operate, with a safety or security investiga- tion by the Secretary of Transportation, the Secretary of Homeland Security, or the Na- tional Transportation Safety Board; or