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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. 32509

Sec. 32509. Maintenance of effort calculation

611 words·~3 min read·/bill/114/hr/22/eas/section-32509

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If a new allocation formula has not been established for fiscal year 2017, then, for fiscal year 2017, the Secretary of Transportation shall calculate the maintenance of effort required under section 31102(f) of title 49, United States Code, as amended by section 32502 of this Act, by averaging the expenditures for fiscal years 2004 and 2005 required by section 32601(a)(5) of MAP–21 ( Public Law 112–141 ), as that section was in effect on the day before the date of enactment of this Act.
The Secretary may use the methodology for calculating the maintenance of effort for fiscal year 2017 and each fiscal year thereafter if a new allocation formula has not been established. Subject to paragraphs
(2)and (3)(B), beginning on the date that a new allocation formula is established under section 2508, upon the request of a State, the Secretary may modify the baseline maintenance of effort required by section 31102(e) of title 49, United States Code, as amended by section 32502 of this Act, for the purpose of establishing a new baseline maintenance of effort if the Secretary determines that a waiver or modification— is equitable due to reasonable circumstances; will ensure the continuation of commercial motor vehicle enforcement activities in the State; and is necessary to ensure that the total amount of State maintenance of effort and matching expenditures required under sections 31102 and 31104 of title 49, United States Code, as amended by section 32502 of this Act, does not exceed a sum greater than the average of the total amount of State maintenance of effort and matching expenditures for the 3 fiscal years prior to the date of enactment of this Act. If requested by a State, the Secretary may modify the maintenance of effort baseline according to the following methodology: The Secretary shall establish the maintenance of effort using the average of fiscal years 2004 and 2005, as required by section 32601(a)(5) of MAP–21 ( Public Law 112–141 ). The Secretary shall calculate the average required match by a lead State commercial motor vehicle safety agency for fiscal years 2013, 2014, and 2015 for motor carrier safety assistance grants established at 20 percent by section 31103 of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act. The Secretary shall calculate the estimated match required under section 31104(b) of title 49, United States Code, as amended by section 32502 of this Act. The Secretary will subtract the amount in subparagraph
(B)from the amount in subparagraph
(C)and— if the number is greater than 0, then the Secretary shall subtract the number from the amount in subparagraph (A); or if the number is not greater than 0, then the Secretary shall calculate the maintenance of effort using the methodology in subparagraph (A). The Secretary shall use the amount calculated in paragraph
(2)as the baseline maintenance of effort required in section 31102(f) of title 49, United States Code, as amended by section 32502 of this Act. If a State does not request a waiver or modification under this subsection before September 30 during the first fiscal year that the Secretary implements the new allocation formula under section 32508, the Secretary shall calculate the maintenance of effort using the methodology in paragraph (2)(A) of this subsection. The maintenance of effort calculated under this section is the amount required under section 31102(f) of title 49, United States Code, as amended by section 32502 of this Act. The authority under this section terminates effective on the date that the new maintenance of effort is calculated based on the new allocation formula implemented under section 32508.
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  • Pub. L. 112-141
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Sec. 32509
Maintenance of effort calculation
Pub. L.Pub. L. 112-141
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