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Code · BILL · 114th Congress · H.R. 22 (EAS) — 114 HR 22 EAS: Developing a Reliable and Innovative Vision for the Economy Act · Sec. 32508

Sec. 32508. Motor carrier safety assistance program allocation

723 words·~3 min read·/bill/114/hr/22/eas/section-32508

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Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a motor carrier safety assistance program formula working group (referred to in this section as the working group . Subject to subparagraph (B), the working group shall consist of representatives of the following: The Federal Motor Carrier Safety Administration. The lead State commercial motor vehicle safety agencies responsible for administering the plan required by section 31102 of title 49, United States Code.
An organization representing State agencies responsible for enforcing a program for inspection of commercial motor vehicles. Such other persons as the Secretary considers necessary. Representatives of State commercial motor vehicle safety agencies shall comprise at least 51 percent of the membership. The working group shall analyze requirements and factors for a new motor carrier safety assistance program allocation formula. Not later than 1 year after the date the working group is established under paragraph (1), the working group shall make a recommendation to the Secretary regarding a new Motor Carrier Safety Assistance Program allocation formula.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this subsection. The Administrator of the Federal Motor Carrier Safety Administration shall publish on a public website summaries of its meetings, and the final recommendation provided to the Secretary. After receiving the recommendation under subsection (a)(4), the Secretary shall publish in the Federal Register a notice seeking public comment on a new allocation formula for the motor carrier safety assistance program under section 31102 of title 49, United States Code.
The Secretary shall ensure that the new allocation formula is based on factors that reflect, at a minimum— the relative needs of the States to comply with section 31102 of title 49, United States Code; the relative administrative capacities of and challenges faced by States in complying with section 31102 of title 49, United States Code; the average of each State’s new entrant motor carrier inventory for the 3-year period prior to the date of enactment of this Act; the number of international border inspection facilities and border crossings by commercial vehicles in each State; and any other factors the Secretary considers appropriate.
Prior to the development of the new allocation formula, the Secretary may calculate the interim funding amounts for the motor carrier safety assistance program in fiscal year 2017 (and later fiscal years, as necessary) under section 31104(a)(1) of title 49, United States Code, as amended by section 32502 of this Act, by the following methodology: The Secretary shall calculate the funding amount using the allocation formula the Secretary used to award motor carrier safety assistance program funding in fiscal year 2016 under section 2507 of this Act.
The Secretary shall average the funding awarded or other equitable amounts to a State in fiscal years 2013, 2014, and 2015 for border enforcement grants awarded under section 32603(c) of MAP–21 (126 Stat. 807; Public Law 112–141 ) and new entrant audit grants awarded under that section, or other equitable amounts. The Secretary shall add the amounts calculated in subparagraphs
(A)and (B). Subject to the availability of funding and notwithstanding fluctuations in the data elements used by the Secretary, the initial amounts resulting from the calculation described in paragraph
(1)shall be adjusted to ensure that, for each State, the amount shall not be less than 97 percent of the average amount of funding received or other equitable amounts in fiscal years 2013, 2014, and 2015 for— motor carrier safety assistance program funds awarded under section 32603(a) of MAP–21 (126 Stat. 807; Public Law 112–141 ); border enforcement grants awarded under section 32603(a) of MAP–21 (126 Stat. 807; Public Law 112–141 ); and new entrant audit grants awarded under section 32603(a) of MAP–21 (126 Stat. 807; Public Law 112–141 ). In developing the new allocation formula, the Secretary shall provide immediate relief for at least 3 fiscal years to all States currently subject to the withholding provisions of Motor Carrier Safety Assistance Program funds for matters of noncompliance. Beginning on the date that the new allocation formula is implemented, the Secretary shall impose all future withholdings in accordance with section 31102(k) of title 49, United States Code, as amended by section 32502 of this Act. This section expires upon the implementation of a new Motor Carrier Safety Assistance Program Allocation Formula.
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  • 126 Stat. 807
  • Pub. L. 112-141
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Sec. 32508
Motor carrier safety assistance program allocation
Stat.126 Stat. 807
Pub. L.Pub. L. 112-141
Cites 2Cited by 0 across 0 sources
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