Historical and Revision Notes |
|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
31102(a) | 49 App.:2302(a). | Jan. 6, 1983, Pub. L. 97–424, § 402(a), (c), 96 Stat. 2155, 2156. |
31102(b) | 49 App.:2302(b), (d). | Jan. 6, 1983, Pub. L. 97–424, § 402(b), (d), 96 Stat. 2155, 2156; Dec. 18, 1991, Pub. L. 102–240, § 4002(a), (b), 105 Stat. 2140. |
31102(c) | 49 App.:2302(e). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, § 402(e); added Dec. 18, 1991, Pub. L. 102–240, § 4002(c), 105 Stat. 2142. |
31102(d) | 49 App.:2302(c). | |
In this section, the word “rules” is omitted as being synonymous with “regulations”.
In subsection (a), the words “Subject to this section and the availability of amounts” are substituted for “Under the terms and conditions of this section, subject to the availability of funds” to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the word “prescribe” is substituted for “formulate” for consistency in the revised title. Clause (D) is substituted for 49 App.:2302(d) to state the requirements of a plan in one place and to eliminate unnecessary words. In clause (K), the words “into law and practice” are omitted a unnecessary. In clause (O)(i), the words “highways of the United States” are substituted for “our Nation’s highways” for consistency in the revised title and with other titles of the United States Code. In subclause (iii), the word “especially” is omitted as unnecessary.
In subsection (b)(3)(B), the words “Government financing” are substituted for “Federal funding” for clarity and consistency in the revised title.
In subsection (c), before clause (1), the words “type of” are omitted as unnecessary. In clause (1), the word “leave” is substituted for “exit” for clarity and consistency in the revised title.
In subsection (d), the words “the regulations, standards, or orders” are substituted for “Federal rules, regulations, standards, or orders applicable to commercial motor vehicle safety or compatible State rules, regulations, standards, or orders” for consistency and to eliminate unnecessary words. The last sentence is substituted for 49 App.:2302(c) (last sentence) for clarity.
References in Text
Sections 5106 and 5107 of the FAST Act, referred to in subsecs. (f)(1), (2) and (j)(3), are sections 5106 and 5107 of [Pub. L. 114–94], which are set out as notes below.
Amendments
2021—Subsec. (h)(2)(A). [Pub. L. 117–58, § 23001(c)], substituted “2014 and 2015” for “2004 and 2005”.
Subsec. (l)(1). [Pub. L. 117–58, § 23005(1)], substituted “(2) through (5)” for “(2) and (3)”.
Subsec. (l)(2)(H) to (J). [Pub. L. 117–58, § 23003(1)], added subpars. (H) and (I) and redesignated former subpar. (H) as (J).
Subsec. (l)(3)(D)(iv), (v). [Pub. L. 117–58, § 23003(2)], added cls. (iv) and (v).
Subsec. (l)(4). [Pub. L. 117–58, § 23004], added par. (4).
Subsec. (l)(5). [Pub. L. 117–58, § 23005(2)], added par. (5).
2015—[Pub. L. 114–94] amended section generally. Prior to amendment, section related to grants to States for programs to improve motor carrier safety.
2012—Subsec. (b). [Pub. L. 112–141, § 32601(a)(1)], amended heading generally, substituting “Motor Carrier Safety Assistance Program” for “State Plan Procedures and Contents”.
Subsec. (b)(1). [Pub. L. 112–141, § 32601(a)(3)], added par. (1). Former par. (1) redesignated (2).
Subsec. (b)(2). [Pub. L. 112–141, § 32601(a)(2)], redesignated par. (1) as (2). Former par. (2) redesignated (3).
Subsec. (b)(2)(I). [Pub. L. 112–141, § 32601(a)(4)(A)], substituted “demonstrate” for “make a declaration of”.
Subsec. (b)(2)(M). [Pub. L. 112–141, § 32601(a)(4)(B)], amended subpar. (M) generally. Prior to amendment, subpar. (M) read as follows: “ensures participation in SAFETYNET and other information systems by all appropriate jurisdictions receiving funding under this section;”.
Subsec. (b)(2)(Q). [Pub. L. 112–141, § 32601(a)(4)(C)], inserted “and dedicated sufficient resources to” after “has established”.
Subsec. (b)(2)(Y). [Pub. L. 112–141, § 32601(a)(4)(D)]–(F), added subpar. (Y).
Subsec. (b)(3). [Pub. L. 112–141, § 32601(a)(2)], redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (b)(4). [Pub. L. 112–141, § 32601(a)(5)], amended par. (4) generally. Prior to amendment, par. (4) read as follows: “In estimating the average level of State expenditure under paragraph (1)(E) of this subsection, the Secretary—
“(A) may allow the State to exclude State expenditures for Government-sponsored demonstration or pilot programs; and
“(B) shall require the State to exclude Government amounts and State matching amounts used to receive Government financing under subsection (a) of this section.”
[Pub. L. 112–141, § 32601(a)(2)], redesignated par. (3) as (4).
2005—Subsec. (b)(1)(A). [Pub. L. 109–59, § 4106(a)(1)], added subpar. (A) and struck out former subpar. (A) which read as follows: “implements performance-based activities by fiscal year 2000;”.
Subsec. (b)(1)(E). [Pub. L. 109–59, § 4106(a)(2)], added subpar. (E) and struck out former subpar. (E) which read as follows: “provides that the total expenditure of amounts of the State and its political subdivisions (not including amounts of the Government) for commercial motor vehicle safety programs for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety laws and regulations under subsection (c) of this section will be maintained at a level at least equal to the average level of that expenditure for its last 3 full fiscal years before December 18, 1991;”.
Subsec. (b)(1)(Q). [Pub. L. 109–59, § 4106(a)(3)], added subpar. (Q) and struck out former subpar. (Q) which read as follows: “provides that the State will establish a program to ensure the proper and timely correction of commercial motor vehicle safety violations noted during an inspection carried out with funds authorized under section 31104;”.
Subsec. (b)(1)(R). [Pub. L. 109–59, § 4106(a)(4)], aligned margins.
Subsec. (b)(1)(U) to (X). [Pub. L. 109–59, § 4106(a)(5)]–(7), added subpars. (U) to (X).
Subsec. (b)(3). [Pub. L. 109–59, § 4307(b)], substituted “paragraph (1)(E)” for “paragraph (1)(D)” in introductory provisions.
Subsec. (c). [Pub. L. 109–59, § 4106(b)(1)], added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “A State may use amounts received under a grant under subsection (a) of this section for the following activities if the activities are carried out in conjunction with an appropriate inspection of the commercial motor vehicle to enforce Government or State commercial motor vehicle safety regulations:
“(1) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States.
“(2) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor vehicle or on the person of any occupant (including the operator) of the vehicle.
“(3) enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles.”
Subsec. (e). [Pub. L. 109–59, § 4106(b)(2)], added subsec. (e).
1999—Subsec. (b)(1)(A). [Pub. L. 106–159, § 207(1)], realigned subpar. (A) margins.
Subsec. (b)(1)(R). [Pub. L. 106–159, § 207(2)], added subpar. (R) and struck out former subpar. (R) which read as follows: “ensures that the State will cooperate in the enforcement of registration and financial responsibility requirements under sections 31138 and 31139, or regulations issued thereunder;”.
1998—Subsec. (a). [Pub. L. 105–178, § 4003(b)(1)], inserted “improving motor carrier safety and” after “implementation of programs for” and “, hazardous materials transportation safety,” after “commercial motor vehicle safety”.
Subsec. (b)(1). [Pub. L. 105–178, § 4003(b)(2)], in introductory provisions, substituted “assume responsibility for improving motor carrier safety and to adopt and enforce” for “adopt and assume responsibility for enforcing” and inserted “, hazardous materials transportation safety,” after “commercial motor vehicle safety”.
Subsec. (b)(1)(A) to (I). [Pub. L. 105–178, § 4003(c)(6)], (7), added subpar. (A) and redesignated former subpars. (A) to (H) as (B) to (I), respectively. Former subpar. (I) redesignated (J).
Subsec. (b)(1)(J). [Pub. L. 105–178, § 4003(c)(6)], redesignated subpar. (I) as (J). Former subpar. (J) redesignated (K).
[Pub. L. 105–178, § 4003(c)(1)], substituted “subsection (c)(1)” for “subsection (c)”.
Subsec. (b)(1)(K) to (M). [Pub. L. 105–178, § 4003(c)(6)], redesignated subpars. (J) to (L) as (K) to (M), respectively. Former subpar. (M) redesignated (N).
[Pub. L. 105–178, § 4003(c)(2)], added subpars. (K) to (M) and struck out former subpars. (K) to (M) which read as follows:
“(K) ensures that fines imposed and collected by the State for violations of commercial motor vehicle safety regulations will be reasonable and appropriate and that, to the maximum extent practicable, the State will attempt to implement the recommended fine schedule published by the Commercial Vehicle Safety Alliance;
“(L) ensures that the State agency will coordinate the plan prepared under this section with the State highway safety plan under section 402 of title 23;
“(M) ensures participation by the 48 contiguous States in SAFETYNET not later than January 1, 1994;”.
Subsec. (b)(1)(N). [Pub. L. 105–178, § 4003(c)(6)], redesignated subpar. (M) as (N). Former subpar. (N) redesignated (O).
Subsec. (b)(1)(O). [Pub. L. 105–178, § 4003(c)(6)], redesignated subpar. (N) as (O). Former subpar. (O) redesignated (P).
[Pub. L. 105–178, § 4003(c)(3)], inserted “in support of national priorities and performance goals, including” after “activities” in introductory provisions, substituted “activities aimed at removing” for “to remove” in cl. (i), substituted “activities aimed at providing” for “to provide” and inserted “and” after semicolon in cl. (ii), added cl. (iii), and struck out former cls. (iii) and (iv) which read as follows:
“(iii) to promote enforcement of the requirements related to the licensing of commercial motor vehicle drivers, including checking the status of commercial drivers’ licenses; and
“(iv) to improve enforcement of hazardous material transportation regulations by encouraging more inspections of shipper facilities affecting highway transportation and more comprehensive inspection of the loads of commercial motor vehicles transporting hazardous material;”.
Subsec. (b)(1)(P). [Pub. L. 105–178, § 4003(c)(6)], redesignated subpar. (O) as (P). Former subpar. (P) redesignated (Q).
[Pub. L. 105–178, § 4003(c)(4)], added subpar. (P) and struck out former subpar. (P) which read as follows: “provides satisfactory assurances that the State will promote effective—
“(i) interdiction activities affecting the transportation of controlled substances by commercial motor vehicle drivers and training on appropriate strategies for carrying out those interdiction activities; and
“(ii) use of trained and qualified officers and employees of political subdivisions and local governments, under the supervision and direction of the State motor vehicle safety agency, in the enforcement of regulations affecting commercial motor vehicle safety and hazardous material transportation safety; and”.
Subsec. (b)(1)(Q). [Pub. L. 105–178, § 4003(c)(6)], redesignated subpar. (P) as (Q). Former subpar. (Q) redesignated (R).
[Pub. L. 105–178, § 4003(c)(5)(A)], substituted “sections 31138 and 31139” for “sections 31140 and 31146”.
Subsec. (b)(1)(R). [Pub. L. 105–178, § 4003(c)(6)], redesignated subpar. (Q) as (R).
Subsec. (b)(1)(S), (T). [Pub. L. 105–178, § 4003(c)(5)(B)], (8), added subpars. (S) and (T).
1995—Subsec. (b)(1)(Q). [Pub. L. 104–88] added subpar. (Q).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
[Pub. L. 114–94, div. A, title V, § 5101(f)], Dec. 4, 2015, [129 Stat. 1526], provided that: “The amendments made by this section [amending this section and sections 31103, 31104, 31106, and 31144 of this title, repealing sections 31107 and 31109 of this title, amending provisions set out as a note under section 31133 of this title, and repealing provisions set out as notes under this section and sections 31100, 31106, 31136, and 31301 of this title] shall take effect on October 1, 2016.”
Effective Date of 2012 Amendment
Amendment by [Pub. L. 112–141] effective Oct. 1, 2012, see [section 3(a) of Pub. L. 112–141], set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1995 Amendment
Amendment by [Pub. L. 104–88] effective Jan. 1, 1996, see [section 2 of Pub. L. 104–88], set out as an Effective Date note under section 1301 of this title.
Report on Human Trafficking Violations Involving Commercial Motor Vehicles
[Pub. L. 117–58, div. B, title III, § 23020], Nov. 15, 2021, [135 Stat. 777], provided that: “Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], and every 3 years thereafter, the Secretary [of Transportation], acting through the Department of Transportation Advisory Committee on Human Trafficking established under section 5(a) of the Combating Human Trafficking in Commercial Vehicles Act ([Public Law 115–99]; [131 Stat. 2243]), shall coordinate with the Attorney General to prepare and submit to Congress a report relating to human trafficking violations involving commercial motor vehicles, which shall include recommendations for countering human trafficking, including an assessment of previous best practices by transportation stakeholders.”
Relief for Recipients of Financial Assistance Awards for Fiscal Years 2019 and 2020
[Pub. L. 116–260, div. N, title IV, § 441], Dec. 27, 2020, [134 Stat. 2068], provided that:“(a)
Definition of Secretary.—
In this section, the term ‘Secretary’ means the Secretary of Transportation.
“(b)
Relief for Recipients of Financial Assistance Awarded for Fiscal Years 2019 and 2020.—
“(1)
In general.—
Notwithstanding any provision of chapter 311 of title 49, United States Code (including any applicable period of availability under section 31104(f) of that title), and any regulations promulgated under that chapter and subject to paragraph (2), the period of availability during which a recipient may expend amounts made available to the recipient under a grant or cooperative agreement described in subparagraphs (A) through (E) shall be—
“(A)
for a grant made under section 31102 of that title (other than subsection (l) of that section)—
“(i)
the fiscal year in which the Secretary approves the financial assistance agreement with respect to the grant; and
“(ii)
the following 2 fiscal years;
“(B)
for a grant made or a cooperative agreement entered into under section 31102(l)(2) of that title—
“(i)
the fiscal year in which the Secretary approves the financial assistance agreement with respect to the grant or cooperative agreement; and
“(ii)
the following 3 fiscal years;
“(C)
for a grant made under section 31102(l)(3) of that title—
“(i)
the fiscal year in which the Secretary approves the financial assistance agreement with respect to the grant; and
“(ii)
the following 5 fiscal years;
“(D)
for a grant made under section 31103 of that title—
“(i)
the fiscal year in which the Secretary approves the financial assistance agreement with respect to the grant; and
“(ii)
the following 2 fiscal years; and
“(E)
for a grant made or a cooperative agreement entered into under section 31313 of that title—
“(i)
the year in which the Secretary approves the financial assistance agreement with respect to the grant or cooperative agreement; and
“(ii)
the following 5 fiscal years.
“(2)
Applicability.—
“(A)
Amounts awarded for fiscal years 2019 and 2020.—
The periods of availability described in paragraph (1) shall apply only—
“(i)
to amounts awarded for fiscal year 2019 or 2020 under a grant or cooperative agreement described in subparagraphs (A) through (E) of that paragraph; and
“(ii)
for the purpose of expanding the period of availability during which the recipient may expend the amounts described in clause (i).
“(B)
Amounts awarded for other years.—
The periods of availability described in paragraph (1) shall not apply to any amounts awarded under a grant or cooperative agreement described in subparagraphs (A) through (E) of that paragraph for any fiscal year other than fiscal year 2019 or 2020, and those amounts shall be subject to the period of availability otherwise applicable to those amounts under Federal law.”
Transition
[Pub. L. 114–94, div. A, title V, § 5101(g)], Dec. 4, 2015, [129 Stat. 1526], provided that: “Notwithstanding the amendments made by this section [see Effective Date of 2015 Amendment note above], the Secretary [of Transportation] shall carry out sections 31102, 31103, and 31104 of title 49, United States Code, and any sections repealed under subsection (e) [repealing sections 31107 and 31109 of this title and provisions set out as notes under this section and sections 31100, 31106, 31136, and 31301 of this title], as necessary, as those sections were in effect on the day before October 1, 2016, with respect to applications for grants, cooperative agreements, or contracts under those sections submitted before October 1, 2016.”
Motor Carrier Safety Assistance Program Allocation
[Pub. L. 114–94, div. A, title V, § 5106], Dec. 4, 2015, [129 Stat. 1530], as amended by [Pub. L. 117–286, § 4(a)(310)], Dec. 27, 2022, [136 Stat. 4340], provided that:“(a)
Working Group.—
“(1)
Establishment.—
Not later than 180 days after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] 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—
“(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—
“(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—
“(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.”
Maintenance of Effort Calculation
[Pub. L. 114–94, div. A, title V, § 5107], Dec. 4, 2015, [129 Stat. 1532], provided that:“(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 [subtitle A (§§ 5101–5107) of title V of div. A of
[Pub. L. 114–94], see Tables for classification] for fiscal year 2017, the Secretary [of Transportation] 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 [
Dec. 4, 2015].
“(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.”
Relationship to Other Laws
Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§ 4301–4308) of title IV of [Pub. L. 109–59] is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see [section 4302 of Pub. L. 109–59], set out as a note under section 13902 of this title.
Maintenance of Effort
[Pub. L. 106–159, title I, § 103(c)], Dec. 9, 1999, [113 Stat. 1753], which related to maintenance of effort as condition on grants to States, was repealed by [Pub. L. 114–94, div. A, title V, § 5101(e)(8)], Dec. 4, 2015, [129 Stat. 1525], effective Oct. 1, 2016.
State Compliance With CDL Requirements
[Pub. L. 106–159, title I, § 103(e)], Dec. 9, 1999, [113 Stat. 1754], which related to State compliance with CDL requirements and withholding of funds for noncompliance, was repealed by [Pub. L. 114–94, div. A, title V, § 5101(e)(9)], Dec. 4, 2015, [129 Stat. 1525], effective Oct. 1, 2016.
Effects of MCSAP Grant Reductions
[Pub. L. 105–178, title IV, § 4032], June 9, 1998, [112 Stat. 419], required the Secretary of Transportation to conduct a study and submit a report not later than two years after June 9, 1998, on the effects of reductions of grants under this section and authorized the Secretary to adjust State allocations under section 31103 of this title based on the study.