Sec. 5107. MAINTENANCE OF EFFORT CALCULATION
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## SEC. 5107 MAINTENANCE OF EFFORT CALCULATION **[**[49 U.S.C. 31102 note](/us/usc/t49/s31102)**]** ###
(a)Before New Allocation Formula ####
(1)Fiscal year 2017 If a new allocation formula for the motor carrier safety assistance program has not been established under this subtitle for fiscal year 2017, the Secretary shall calculate for fiscal year 2017 the maintenance of effort baseline required under section 31102(f) of title 49, United States Code, as amended by this subtitle, by averaging the expenditures for fiscal years 2004 and 2005 required by section 31102(b)(4) of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act. ####
(2)Subsequent fiscal years The Secretary may use the methodology for calculating the maintenance of effort baseline specified in paragraph
(1)for fiscal year 2018 and subsequent fiscal years if a new allocation formula for the motor carrier safety assistance program has not been established for that fiscal year. ###
(b)Beginning With New Allocation Formation ####
(1)In general Subject to paragraphs
(2)and (3)(B), beginning on the date that a new allocation formula for the motor carrier safety assistance program is established under this subtitle, upon the request of a State, the Secretary may waive or modify the baseline maintenance of effort required of the State by section 31102(f) of title 49, United States Code, as amended by this subtitle, for the purpose of establishing a new baseline maintenance of effort if the Secretary determines that a waiver or modification— #####
(A)is equitable due to reasonable circumstances; #####
(B)will ensure the continuation of commercial motor vehicle enforcement activities in the State; and #####
(C)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 this subtitle, does not exceed a sum greater than the average of the total amount of State maintenance of effort and matching expenditures required under those sections for the 3 fiscal years prior to the date of enactment of this Act. ####
(2)Adjustment methodology If requested by a State, the Secretary may modify the maintenance of effort baseline referred to in paragraph
(1)for the State according to the following methodology: #####
(A)The Secretary shall establish the maintenance of effort baseline for the State using the average baseline of fiscal years 2004 and 2005, as required by section 31102(b)(4) of title 49, United States Code, as that section was in effect on the day before the date of enactment of this Act. #####
(B)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. #####
(C)The Secretary shall calculate the estimated match required under section 31104(b) of title 49, United States Code, as amended by this subtitle. #####
(D)The Secretary shall subtract the amount in subparagraph
(B)from the amount in subparagraph
(C)and— ######
(i)if the number is greater than 0, the Secretary shall subtract the number from the amount in subparagraph (A); or ######
(ii)if the number is not greater than 0, the Secretary shall calculate the maintenance of effort using the methodology in subparagraph (A). ####
(3)Maintenance of effort amount #####
(A)In general The Secretary shall use the amount calculated under paragraph
(2)as the baseline maintenance of effort required under section 31102(f) of title 49, United States Code, as amended by this subtitle. #####
(B)Deadline 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 a new allocation formula for the motor carrier safety assistance program under this subtitle, the Secretary shall calculate the maintenance of effort using the methodology described in paragraph (2)(A). ####
(4)Maintenance of effort described 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 this subtitle. ###
(c)Termination of Effectiveness The authority of the Secretary under this section shall terminate effective on the date that a new maintenance of effort baseline is calculated based on a new allocation formula for the motor carrier safety assistance program implemented under section 31102 of title 49, United States Code. ## Subtitle B Federal Motor Carrier Safety Administration Reform ### PART I REGULATORY REFORM
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Sec. 5107
MAINTENANCE OF EFFORT CALCULATION
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