Sec. 32601. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

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## SEC. 32601 MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ###

(a)In General Section 31102(b) is amended— ####

(1)by amending the heading to read as follows: > > ### “(b) Motor Carrier Safety Assistance Program.” > ; ####

(2)by redesignating paragraphs

(1)through

(3)as

(2)through (4), respectively; ####

(3)by inserting before paragraph (2), as redesignated, the following: > > #### “(1) Program goal > > The goal of the Motor Carrier Safety Assistance Program is to ensure that the Secretary, States, local government agencies, and other political jurisdictions 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— > > > ##### “(A) > > making targeted investments to promote safe commercial motor vehicle transportation, including transportation of passengers and hazardous materials; > > > ##### “(B) > > investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and fatalities resulting from such crashes; > > > ##### “(C) > > adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and > > > ##### “(D) > > assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks.” > ; ####

(4)in paragraph (2), as redesignated— #####

(A)by striking “make a declaration of” in subparagraph

(I)and inserting “demonstrate”; #####

(B)by amending subparagraph

(M)to read as follows: > > ##### “(M) > > ensures participation in appropriate Federal Motor Carrier Safety Administration systems and other information systems by all appropriate jurisdictions receiving Motor Carrier Safety Assistance Program funding;” > ; #####

(C)in subparagraph (Q), by inserting “and dedicated sufficient resources to” between “established” and “a program”; #####

(D)in subparagraph (W), by striking “and” after the semicolon; #####

(E)in subparagraph (X), by striking the period and inserting “; and”; and #####

(F)by adding after subparagraph

(X)the following: > > ##### “(Y) > > ensures that the State will transmit to its roadside inspectors the notice of each Federal exemption granted pursuant to section 31315(b) 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.” > ; and ####

(5)by amending paragraph (4), as redesignated, to read as follows: > > #### “(4) Maintenance of effort > > > ##### “(A) In general > > A plan submitted by a State under paragraph

(2)shall provide that the total expenditure of amounts of the lead State agency responsible for implementing the plan will be maintained at a level at least equal to the average level of that expenditure for fiscal years 2004 and 2005. > > > ##### “(B) Average level of state expenditures > > In estimating the average level of State expenditure under subparagraph (A), the Secretary— > > > ###### “(i) > > may allow the State to exclude State expenditures for Government-sponsored demonstration or pilot programs; and > > > ###### “(ii) > > shall require the State to exclude State matching amounts used to receive Government financing under this subsection. > > > ##### “(C) Waiver > > Upon the request of a State, the Secretary may waive or modify the requirements of this paragraph for 1 fiscal year, if the Secretary determines that a waiver is equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a serious decline in the financial resources of the State motor carrier safety assistance program agency.” > .