Sec. 5106. MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCATION
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## SEC. 5106 MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCATION **[**[49 U.S.C. 31102 note](/us/usc/t49/s31102)**]** ###
(a)Working group ####
(1)Establishment 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 (in this section referred to as the “working group”). ####
(2)Membership #####
(A)In general Subject to subparagraph (B), the working group shall consist of representatives of the following: ######
(i)The Federal Motor Carrier Safety Administration. ######
(ii)The lead State commercial motor vehicle safety agencies responsible for administering the plan required by section 31102 of title 49, United States Code. ######
(iii)An organization representing State agencies responsible for enforcing a program for inspection of commercial motor vehicles. ######
(iv)Such other persons as the Secretary considers necessary. #####
(B)Composition Representatives of State commercial motor vehicle safety agencies shall comprise at least 51 percent of the membership. ####
(3)New allocation formula The working group shall analyze requirements and factors for the establishment of a new allocation formula for the motor carrier safety assistance program under section 31102 of title 49, United States Code. ####
(4)Recommendation 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 allocation formula for the motor carrier safety assistance program. ####
(5)Exemption Chapter 10 of title 5, United States Code, shall not apply to the working group established under this subsection. ####
(6)Publication The Administrator of the Federal Motor Carrier Safety Administration shall publish on a publicly accessible Internet Web site of the Federal Motor Carrier Safety Administration— #####
(A)detailed summaries of the meetings of the working group; and #####
(B)the final recommendation of the working group provided to the Secretary. ###
(b)Notice of Proposed Rulemaking After receiving the recommendation of the working group under subsection (a)(4), the Secretary shall publish in the Federal Register a notice seeking public comment on the establishment of a new allocation formula for the motor carrier safety assistance program. ###
(c)Basis for Formula The Secretary shall ensure that the new allocation formula for the motor carrier safety assistance program is based on factors that reflect, at a minimum— ####
(1)the relative needs of the States to comply with section 31102 of title 49, United States Code; ####
(2)the relative administrative capacities of and challenges faced by States in complying with that section; ####
(3)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; ####
(4)the number of international border inspection facilities and border crossings by commercial vehicles in each State; and ####
(5)any other factors the Secretary considers appropriate. ###
(d)Funding Amounts Prior to Development of New Allocation Formula ####
(1)Interim formula Prior to the development of the new allocation formula for the motor carrier safety assistance program, the Secretary may calculate the interim funding amounts for that 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 this subtitle, by using the following methodology: #####
(A)The Secretary shall calculate the funding amount to a State using the allocation formula the Secretary used to award motor carrier safety assistance program funding in fiscal year 2016 under section 31102 of title 49, United States Code. #####
(B)The Secretary shall average the funding awarded or other equitable amounts to a State in fiscal years 2013, 2014, and 2015 for— ######
(i)border enforcement grants under section 31107 of title 49, United States Code; and ######
(ii)new entrant audit grants under section 31144(g)(5) of that title. #####
(C)The Secretary shall add the amounts calculated in subparagraphs
(A)and (B). ####
(2)Adjustments 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— #####
(A)motor carrier safety assistance program funds awarded to the State under section 31102 of title 49, United States Code; #####
(B)border enforcement grants awarded to the State under section 31107 of title 49, United States Code; and #####
(C)new entrant audit grants awarded to the State under section 31144(g)(5) of title 49, United States Code. ####
(3)Immediate relief On the date of enactment of this Act, and for the 3 fiscal years following the implementation of the new allocation formula, the Secretary shall terminate the withholding of motor carrier safety assistance program funds from a State if the State was subject to the withholding of such funds for matters of noncompliance immediately prior to the date of enactment of this Act. ####
(4)Future withholdings Beginning on the date that the new allocation formula for the motor carrier safety assistance program is implemented, the Secretary shall impose all future withholdings in accordance with section 31102(k) of title 49, United States Code, as amended by this subtitle. ###
(e)Termination of Working Group The working group established under subsection
(a)shall terminate on the date of the implementation of the new allocation formula for the motor carrier safety assistance program.
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Sec. 5106
MOTOR CARRIER SAFETY ASSISTANCE PROGRAM ALLOCATION
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