2015—Pub. L. 114–94, div. A, title III, §§3008(c), 3009(b), 3017(b), 3030(b)–(d), Dec. 4, 2015, 129 Stat. 1469, 1473, 1487, 1496, 1497, substituted "Public transportation innovation" for "Research, development, demonstration, and deployment projects" in item 5312, "Technical assistance and workforce development" for "Technical assistance and standards development" in item 5314, and "Grants for buses and bus facilities" for "Bus and bus facilities formula grants" in item 5339, and struck out item 5313 "Transit cooperative research program", item 5319 "Bicycle facilities", and item 5322 "Human resources and training".
2012—Pub. L. 112–141, div. B, §20030(k), July 6, 2012, 126 Stat. 731, amended generally the analysis for this chapter, adding item 5326, substituting "Policies and purposes" for "Policies, findings, and purposes" in item 5301, "Statewide and nonmetropolitan transportation planning" for "Statewide transportation planning" in item 5304, "Fixed guideway capital investment grants" for "Capital investment grants" in item 5309, "Formula grants for the enhanced mobility of seniors and individuals with disabilities" for "Formula grants for special needs of elderly individuals and individuals with disabilities" in item 5310, "Formula grants for rural areas" for "Formula grants for other than urbanized areas" in item 5311, "Technical assistance and standards development" for "National research programs" in item 5314, "Private sector participation" for "National transit institute" in item 5315, "Human resources and training" for "Human resource programs" in item 5322, "General provisions" for "General provisions on assistance" in item 5323, "Public transportation emergency relief program" for "Special provisions for capital projects" in item 5324, "Public transportation safety program" for "Investigations of safety hazards and security risks" in item 5329, "State of good repair grants" for "Apportionment based on fixed guideway factors" in item 5337, and "Bus and bus facilities formula grants" for "Alternatives analysis program" in item 5339, and striking out items 5308 "Clean fuels grant program", 5316 "Job access and reverse commute formula grants", 5317 "New freedom program", 5320 "Alternative transportation in parks and public lands, and 5328 "Project review".
2005—Pub. L. 109–59, title III, §§3002(b)(1), 3005(c), 3006(c), 3007(b), 3010(b), 3011(b), 3012(c), 3013(i), 3014(e)(2), 3015(b)(2), 3016(d), 3018(b), 3019(b), 3021(b), 3024(b), 3025(b), 3028(d), 3029(b), 3033(b), 3035(b), 3038(b), Aug. 10, 2005, 119 Stat. 1544, 1559, 1566, 1568, 1573, 1588, 1593, 1596, 1597, 1600, 1605, 1608, 1614, 1620, 1622, 1625, 1627, 1629, 1638, substituted "PUBLIC" for "MASS" in chapter heading, substituted "transportation planning" for "planning" in item 5303, "Statewide transportation planning" for "Transportation improvement program" in item 5304, "Planning programs" for "Transportation management areas" in item 5305, "grant program" for "formula grant program" in item 5308, "grants" for "grants and loans" in item 5309, "Formula grants" for "Formula grants and loans" in item 5310, "grants" for "grant" in item 5311, "deployment" for "training" in item 5312, "Transit cooperative research program" for "State planning and research programs" in item 5313, "research programs" for "planning and research programs" in item 5314, "Alternative transportation in parks and public lands" for "Suspended light rail system technology pilot project" in item 5320, "Special provisions for capital projects" for "Limitations on discretionary and special needs grants and loans" in item 5324, "Investigations of safety hazards and security risks" for "Investigation of safety hazards" in item 5329, "State safety oversight" for "Withholding amounts for noncompliance with safety requirements" in item 5330, "National transit database" for "Reports and audits" in item 5335, and "Apportionment based on fixed guideway factors" for "Apportionment of appropriations for fixed guideway modernization" in item 5337, added items 5316, 5317, and 5340, and struck out item 5326 "Special procurements".
Pub. L. 109–59, title III, §3037(b), Aug. 10, 2005, 119 Stat. 1636, which directed amendment of the analysis for chapter 53 by striking the item relating to section 5339 and inserting a new item 5339, was executed by adding the new item 5339 after item 5338 to reflect the probable intent of Congress, because no item for section 5339 had been enacted.
1998—Pub. L. 105–178, title III, §§3007(a)(2), 3008(b), 3009(b), 3014(b), 3017(b), 3025(b)(2), title V, §5110(c), June 9, 1998, 112 Stat. 347, 352, 359, 361, 365, 444, substituted "Urbanized area formula grants" for "Block grants" in item 5307, "Clean fuels formula grant program" for "Mass Transit Account block grants" in item 5308, "Capital investment" for "Discretionary" in item 5309, "Formula grant" for "Financial assistance" in item 5311, and "transit" for "mass transportation" in item 5315, struck out items 5316 "University research institutes" and 5317 "Transportation centers", and inserted "provisions" after "Administrative" in item 5334.
Pub. L. 105–178, title III, §3013(b), June 9, 1998, 112 Stat. 359, which directed insertion of "formula" before "grants" in item 5310, was executed by substituting "Formula grants" for "Grants" to reflect the probable intent of Congress.
Pub. L. 105–178, title III, §3027(d), as added by Pub. L. 105–206, title IX, §9009(o)(2), July 22, 1998, 112 Stat. 858, substituted "formula grants" for "block grants" in item 5336.
(a)
(b)
(1) provide funding to support public transportation;
(2) improve the development and delivery of capital projects;
(3) establish standards for the state of good repair of public transportation infrastructure and vehicles;
(4) promote continuing, cooperative, and comprehensive planning that improves the performance of the transportation network;
(5) establish a technical assistance program to assist recipients under this chapter to more effectively and efficiently provide public transportation service;
(6) continue Federal support for public transportation providers to deliver high quality service to all users, including individuals with disabilities, seniors, and individuals who depend on public transportation;
(7) support research, development, demonstration, and deployment projects dedicated to assisting in the delivery of efficient and effective public transportation service; and
(8) promote the development of the public transportation workforce.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 785; Pub. L. 109–59, title III, §§3002(b)(4), 3003, Aug. 10, 2005, 119 Stat. 1545; Pub. L. 112–141, div. B, §20003, July 6, 2012, 126 Stat. 622.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5301(a) | 49 App.:1607(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2098. |
5301(b) | 49 App.:1601(a). | July 9, 1964, Pub. L. 88–365, §2, 78 Stat. 302; Dec. 18, 1991, Pub. L. 102–240, §3005, 105 Stat. 2088. |
49 App.:1601b. | Nov. 26, 1974, Pub. L. 93–503, §2, 88 Stat. 1566. | |
5301(c) | 49 App.:1601a (1st sentence). | Oct. 15, 1970, Pub. L. 91–453, §1, 84 Stat. 962. |
5301(d) | 49 App.:1612(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(a); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 967; Dec. 18, 1991, Pub. L. 102–240, §3021(1), 105 Stat. 2110. |
5301(e) | 49 App.:1610(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, §14(a) (1st sentence), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; restated Oct. 15, 1970, Pub. L. 91–453, §6, 84 Stat. 966. |
5301(f) | 49 App.:1601(b). | |
49 App.:1601a (last sentence). |
In subsection (b)(1), the words "the predominant part" in 49 App.:1601(a)(1) and "lives in urban areas" in 49 App.:1601b(1) are omitted because of the restatement. The words "metropolitan and other" in 49 App.:1601(a)(1) are omitted as surplus.
In subsection (b)(2), the words "housing, urban renewal, highway, and other", "being", "the . . . provision of", and "transportation and other" in 49 App.:1601(a)(2) are omitted as surplus.
In subsection (b)(4), the words "the early 1970's" are substituted for "recent years" in 49 App.:1601b(4), and the words "minimal mass transportation service" are substituted for "this essential public service", for clarity.
In subsection (b)(5), the word "particularly" in 49 App.:1601b(5) is omitted as surplus.
In subsection (b)(6), the words "were . . . in the early 1970's" are substituted for "now" in 49 App.:1601b(6) for clarity. The words "engaged in", "actually", and "comprehensive" in 49 App.:1601b(6) are omitted as surplus.
In subsection (b)(9), the word "many" in 49 App.:1601(b)(7) is omitted as surplus.
In subsection (c), the text of 49 App.:1601a (1st sentence words after semicolon) is omitted as executed.
In subsections (d) and (e), the words "hereby declared to be" are omitted as surplus.
In subsection (d), the words "to ensure that mass transportation can be used by elderly individuals and individuals with disabilities" are substituted for "in the planning and design of mass transportation facilities and services so that the availability to elderly persons and persons with disabilities of mass transportation which they can effectively utilize will be assured" to eliminate unnecessary words. The words "the field of" and "(including the programs under this chapter) . . . contain provisions" are omitted as surplus.
In subsection (e), the words "carrying out" are substituted for "construction of", and the word "capital" is added, for consistency in the revised chapter. The reference to section 5310 of the revised title is added for clarity because a loan or grant made under section 5310 is deemed to have been made under section 5309.
In subsection (f)(5), the words "local" and "to exercise the initiative necessary" are omitted as surplus.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to policies, findings, and purposes.
2005—Subsec. (a). Pub. L. 109–59, §3003(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "It is in the interest of the United States to encourage and promote the development of transportation systems that embrace various modes of transportation and efficiently maximize mobility of individuals and goods in and through urbanized areas and minimize transportation-related fuel consumption and air pollution."
Subsec. (b)(1). Pub. L. 109–59, §3003(b), substituted "two-thirds" for "70 percent" and "urbanized areas" for "urban areas".
Subsecs. (b)(4), (6) to (9), (d). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsec. (e). Pub. L. 109–59, §3003(c), substituted "a" for "an urban" and struck out "under sections 5309 and 5310 of this title" before period at end.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (f)(1). Pub. L. 109–59, §3003(d)(1), substituted "public transportation equipment" for "mass transportation equipment" and "both public transportation companies and private companies engaged in public transportation" for "public and private mass transportation companies".
Subsec. (f)(2). Pub. L. 109–59, §3003(d)(2), substituted "public transportation systems" for "urban mass transportation systems" and "both public transportation companies and private companies engaged in public transportation" for "public and private mass transportation companies".
Subsec. (f)(3). Pub. L. 109–59, §3003(d)(3), substituted "public transportation systems" for "urban mass transportation systems" and "public transportation companies or private companies engaged in public transportation" for "public or private mass transportation companies".
Subsec. (f)(5). Pub. L. 109–59, §3003(d)(4), substituted "public" for "urban mass".
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.
Pub. L. 105–178, title III, §3032, June 9, 1998, 112 Stat. 385, as amended by Pub. L. 105–206, title IX, §9009(v), July 22, 1998, 112 Stat. 861, provided that a study of the effect of contracting out mass transportation operation and administrative functions was to be arranged between the Secretary of Transportation and the Transportation Research Board of the National Academy of Sciences no later than 6 months after June 9, 1998, and made available funds for fiscal year 1999.
Pub. L. 102–240, title VIII, §8004, Dec. 18, 1991, 105 Stat. 2206, provided that:
"(a)
"(1) current Federal policy places commuter transit benefits at a disadvantage compared to drive-to-work benefits;
"(2) this Federal policy is inconsistent with important national policy objectives, including the need to conserve energy, reduce reliance on energy imports, lessen congestion, and clean our Nation's air;
"(3) commuter transit benefits should be part of a comprehensive solution to national transportation and air pollution problems;
"(4) current Federal law allows employers to provide only up to $21 per month in employee benefits for transit or van pools;
"(5) the current 'cliff provision', which treats an entire commuter transit benefit as taxable income if it exceeds $21 per month, unduly penalizes the most effective employer efforts to change commuter behavior;
"(6) employer-provided commuter transit incentives offer many public benefits, including increased access of low-income persons to good jobs, inexpensive reduction of roadway and parking congestion, and cost-effective incentives for timely arrival at work; and
"(7) legislation to provide equitable treatment of employer-provided commuter transit benefits has been introduced with bipartisan support in both the Senate and House of Representatives.
"(b)
Except as otherwise specifically provided, in this chapter the following definitions apply:
(1)
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service;
(B) bus shelters;
(C) functional landscaping and streetscaping, including benches, trash receptacles, and street lights;
(D) pedestrian access and walkways;
(E) bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles;
(F) signage; or
(G) enhanced access for persons with disabilities to public transportation.
(2)
(A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and
(B) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
(i) defined stations;
(ii) traffic signal priority for public transportation vehicles;
(iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and
(iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
(3)
(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance;
(F) leasing equipment or a facility for use in public transportation;
(G) a joint development improvement that—
(i) enhances economic development or incorporates private investment, such as commercial and residential development;
(ii)(I) enhances the effectiveness of public transportation and is related physically or functionally to public transportation; or
(II) establishes new or enhanced coordination between public transportation and other transportation;
(iii) provides a fair share of revenue that will be used for public transportation;
(iv) provides that a person making an agreement to occupy space in a facility constructed under this paragraph shall pay a fair share of the costs of the facility through rental payments and other means; and
(v) may include—
(I) property acquisition;
(II) demolition of existing structures;
(III) site preparation;
(IV) utilities;
(V) building foundations;
(VI) walkways;
(VII) pedestrian and bicycle access to a public transportation facility;
(VIII) construction, renovation, and improvement of intercity bus and intercity rail stations and terminals;
(IX) renovation and improvement of historic transportation facilities;
(X) open space;
(XI) safety and security equipment and facilities (including lighting, surveillance, and related intelligent transportation system applications);
(XII) facilities that incorporate community services such as daycare or health care;
(XIII) a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; and
(XIV) construction of space for commercial uses;
(H) the introduction of new technology, through innovative and improved products, into public transportation;
(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts—
(i) not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311; or
(ii) not to exceed 20 percent of such recipient's annual formula apportionment under sections 5307 and 5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least 2 of the following requirements:
(I) Provides an active fixed route travel training program that is available for riders with disabilities.
(II) Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis.
(III) Has memoranda of understanding in place with employers and the American Job Center to increase access to employment opportunities for people with disabilities.
(J) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter;
(K) mobility management—
(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but
(ii) excluding operating public transportation services;
(L) associated capital maintenance, including—
(i) equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and
(ii) reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used;
(M) associated transit improvements; or
(N) technological changes or innovations to modify low or no emission vehicles (as defined in section 5339(c)) or facilities.
(4)
(A) an entity designated, in accordance with the planning process under sections 5303 and 5304, by the Governor of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 to urbanized areas of 200,000 or more in population; or
(B) a State or regional authority, if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation.
(5)
(6)
(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(c); and
(B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation—
(i) would injure seriously an important public interest;
(ii) would frustrate substantially legislative policy and intent; or
(iii) would damage seriously a person or class without serving an important public interest.
(7)
(A) using and occupying a separate right-of-way for the exclusive use of public transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
(8)
(A) means the Governor of a State, the mayor of the District of Columbia, and the chief executive officer of a territory of the United States; and
(B) includes the designee of the Governor.
(9)
(A)
(B)
(i)
(ii)
(10)
(A) a political subdivision of a State;
(B) an authority of at least 1 State or political subdivision of a State;
(C) an Indian tribe; and
(D) a public corporation, board, or commission established under the laws of a State.
(11)
(12)
(13)
(A) that has not been used in public transportation in the United States before the date of production of the model; or
(B) used in public transportation in the United States, but being produced with a major change in configuration or components.
(14)
(A) means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and
(B) does not include—
(i) intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity);
(ii) intercity bus service;
(iii) charter bus service;
(iv) school bus service;
(v) sightseeing service;
(vi) courtesy shuttle service for patrons of one or more specific establishments; or
(vii) intra-terminal or intra-facility shuttle services.
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 786; Pub. L. 103–331, title III, §335A, Sept. 30, 1994, 108 Stat. 2495; Pub. L. 104–50, title III, §333(a), Nov. 15, 1995, 109 Stat. 457; Pub. L. 104–287, §6(c), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–102, §3(a), Nov. 20, 1997, 111 Stat. 2214; Pub. L. 105–178, title III, §3003, June 9, 1998, 112 Stat. 338; Pub. L. 105–206, title IX, §9009(a), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §§3002(b)(4), 3004, Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, §201(a), June 6, 2008, 122 Stat. 1609; Pub. L. 112–141, div. B, §20004, July 6, 2012, 126 Stat. 623; Pub. L. 114–94, div. A, title III, §3002, Dec. 4, 2015, 129 Stat. 1446.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5302(a)(1) | 49 App.:1608(c)(1). | July 9, 1964, Pub. L. 88–365, §12(c)(1), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, §309(a), 96 Stat. 2151; Apr. 2, 1987, Pub. L. 100–17, §309(a), 101 Stat. 227. |
49 App.:1608(c)(7), (8). | July 9, 1964, Pub. L. 88–365, §12(c)(3)–(9), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Dec. 18, 1991, Pub. L. 102–240, §3016, 105 Stat. 2108. | |
5302(a)(2) | 49 App.:1608(c)(3). | |
5302(a)(3) | 49 App.:1608(c)(13). | July 9, 1965, Pub. L. 88–365, 78 Stat. 302, §12(c)(12), (13); added Apr. 2, 1987, Pub. L. 100–17, §318(b)(3), 101 Stat. 234. |
5302(a)(4) | 49 App.:1608(c)(2). | July 9, 1964, Pub. L. 88–365, §12(c)(2), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, §309(b), 96 Stat. 2151. |
5302(a)(5) | 49 App.:1608(c)(4) (1st sentence). | |
5302(a)(6) | 49 App.:1608(c)(5). | |
5302(a)(7) | 49 App.:1608(c)(6). | |
5302(a)(8) | (no source). | |
5302(a)(9) | 49 App.:1608(h)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(h)(2); added Apr. 2, 1987, Pub. L. 100–17, §317(a), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(a), 105 Stat. 2184. |
49 App.:1608 (note). | Apr. 2, 1988, Pub. L. 100–17, §317(b)(4), 101 Stat. 233. | |
5302(a)(10) | 49 App.:1608(c)(12). | |
5302(a)(11) | 49 App.:1608(c)(9). | |
5302(a)(12) | 49 App.:1608(c)(10). | July 9, 1964, Pub. L. 88–365, §12(c)(10), (11), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Apr. 2, 1987, Pub. L. 100–17, §318(b)(1), (2), 101 Stat. 234. |
5302(a)(13) | 49 App.:1608(c)(11). | |
5302(b) | 49 App.:1608(c)(4) (last sentence). |
In this chapter, the words "local governmental authority" are substituted for "local public body" for consistency in the revised title and with other titles of the United States Code.
In subsection (a), before clause (1), the text of 49 App.:1608(c)(7) is omitted as surplus. The text of 49 App.:1608(c)(8) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section. In clause (1), before subclause (A), the words "capital project" are substituted for "construction" for clarity. In subclause (A), the words "actual", "all", and "reconstruction" are omitted as surplus. In subclause (D), the words "(whether or not such overhaul increases the useful life of the rolling stock)" are omitted as surplus. In clause (2), the words "for each of the jurisdictions included in the definition of 'State' " are omitted as surplus. In clauses (3) and (10), the word "regulation" is substituted for "rule" for consistency in the revised title and with other titles of the Code and because the terms are synonymous. In clause (3)(B)(iii), the words "of persons" are omitted as surplus. In clauses (4) and (5), the word "mass" is substituted for "public" because of the restatement. In clause (4)(A), the words "including, but not limited to, fixed rail, automated guideway transit, and exclusive facilities for buses" are omitted as surplus. In clause (6)(A), the words "municipalities and other" are omitted as surplus. In clause (6)(B), the word "authority" is substituted for "public agencies and instrumentalities" for consistency in the revised title and with other titles of the Code. The word "municipalities" is omitted as surplus. In clause (7), the words "bus, or rail, or other", "either publicly or privately owned", and "on a . . . basis" are omitted as surplus. Clause (8) is added for clarity because the term "net project cost" has the same meaning throughout this chapter. In clause (11), the words "the Commonwealths of" are omitted as surplus. In clause (12), the word "individuals" is substituted for "commuters or others" to eliminate unnecessary words. In clause (13)(A), the words "in the case of any such area" and "entire" are omitted as surplus. The words "Secretary of Commerce" are substituted for "Bureau of the Census" because of 15:1511(e). In clause (13)(B), the words "so designated by the Bureau of Census", "which shall be", "responsible", and "in cooperation with each other" are omitted as surplus.
Subsection (b) applies to section 5307(d)(1)(D) of the revised title because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.
The Americans with Disabilities Act of 1990, referred to in par. (3)(I), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Social Security Act, referred to in par. (9)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
2015—Par. (1)(C). Pub. L. 114–94, §3002(1)(A), inserted "functional" before "landscaping and".
Par. (1)(E). Pub. L. 114–94, §3002(1)(B), substituted "bicycle storage shelters and parking facilities and the installation of equipment" for "bicycle storage facilities and installing equipment".
Par. (3)(F). Pub. L. 114–94, §3002(2)(A), added subpar. (F) and struck out former subpar. (F), which read as follows: "leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;".
Par. (3)(G)(iv). Pub. L. 114–94, §3002(2)(B)(i), inserted "and" at end.
Par. (3)(G)(v)(XIV). Pub. L. 114–94, §3002(2)(B)(ii), struck out "and" at end.
Par. (3)(G)(vi). Pub. L. 114–94, §3002(2)(B)(iii), struck out cl. (vi), which read as follows: "does not include outfitting of commercial space (other than an intercity bus or rail station or terminal) or a part of a public facility not related to public transportation;".
Par. (3)(I). Pub. L. 114–94, §3002(2)(C), added subpar. (I) and struck out former subpar. (I), which read as follows: "the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311;".
Par. (3)(M), (N). Pub. L. 114–94, §3002(2)(D)–(F), added subpars. (M) and (N).
Par. (24). Pub. L. 114–94, §3002(3), added par. (24).
2012—Pub. L. 112–141 amended section generally, substituting pars. (1) to (23) for former provisions defining terms for this chapter consisting of subsecs. (a) and (b).
2008—Subsec. (a)(10). Pub. L. 110–244 substituted "charter, sightseeing," for "charter,".
2005—Subsec. (a). Pub. L. 109–59, §3004(a), substituted "Except as otherwise specifically provided, in this chapter" for "In this chapter" in introductory provisions.
Subsec. (a)(1)(A), (F). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(1)(G). Pub. L. 109–59, §3004(b)(1), inserted "construction, renovation, and improvement of intercity bus and intercity rail stations and terminals," after "public transportation facility," in introductory provisions.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing in introductory provisions.
Subsec. (a)(1)(G)(ii). Pub. L. 109–59, §3004(b)(2), inserted "(other than an intercity bus station or terminal)" after "commercial revenue-producing facility".
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(1)(H). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(1)(J) to (L). Pub. L. 109–59, §3004(b)(3)–(5), added subpars. (J) to (L).
Subsec. (a)(4). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in introductory provisions and subpar. (A).
Subsec. (a)(5). Pub. L. 109–59, §3004(c), substituted "Individual with a disability" for "Handicapped individual" in heading and "individual with a disability" for "handicapped individual" in text.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places.
Subsec. (a)(7). Pub. L. 109–59, §3004(d), amended heading and text of par. (7) generally. Prior to amendment, text read as follows: "The term 'mass transportation' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation."
Subsec. (a)(9). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in subpars. (A) and (B).
Subsec. (a)(10). Pub. L. 109–59, §3004(e), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: "The term 'public transportation' means mass transportation."
Subsec. (a)(14) to (16). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsec. (a)(17). Pub. L. 109–59, §3004(f), reenacted heading without change and amended text of par. (17) generally. Prior to amendment, text read as follows: "The term 'urbanized area' means an area—
"(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and
"(B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary."
Subsec. (b). Pub. L. 109–59, §3004(g), substituted "Individual With a Disability" for "Handicapped Individual" in heading and "individual with a disability" for "handicapped individual" in text.
1998—Pub. L. 105–178, §3003(a), formerly §3003, as renumbered by Pub. L. 105–206, §9009(a)(1), amended section generally, revising and restating existing definitions and adding new pars. defining additional terms.
Subsec. (a)(1)(G)(i). Pub. L. 105–178, §3003(b), as added by Pub. L. 105–206, §9009(a)(2), substituted "daycare or" for "daycare and".
1997—Subsec. (a)(1)(B), (C). Pub. L. 105–102 made technical correction to directory language of Pub. L. 104–50, §333(a). See 1995 Amendment notes below.
1996—Subsec. (a)(1). Pub. L. 104–287 made technical correction to directory language of Pub. L. 103–331, §335A. See 1994 Amendment note below.
1995—Subsec. (a)(1)(B). Pub. L. 104–50, §333(a)(1), as amended by Pub. L. 105–102, §3(a)(1), struck out "that extends the economic life of a bus for at least 5 years" after "rehabilitating a bus".
Subsec. (a)(1)(C). Pub. L. 104–50, §333(a)(2), as amended by Pub. L. 105–102, §3(a)(2), struck out "that extends the economic life of a bus for at least 8 years" after "remanufacturing a bus".
1994—Subsec. (a)(1). Pub. L. 103–331, §335A, as amended by Pub. L. 104–287, inserted "payments for the capital portions of rail trackage rights agreements," after "rights of way),".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Pub. L. 105–102, §3(a), Nov. 20, 1997, 111 Stat. 2214, provided that the amendment made by section 3(a) is effective Nov. 15, 1995.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Pub. L. 104–287, §6(c), Oct. 11, 1996, 110 Stat. 3398, provided that the amendment made by section 6(c) is effective Sept. 30, 1994.
Pub. L. 104–50, title III, §333(b), Nov. 15, 1995, 109 Stat. 457, provided that: "The amendments made by this section [amending this section] shall not take effect before March 31, 1996."
(a)
(1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).
(b)
(1)
(2)
(3)
(4)
(5)
(6) TIP.—The term "TIP" means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
(7)
(c)
(1)
(2)
(3)
(d)
(1)
(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or
(B) in accordance with procedures established by applicable State or local law.
(2)
(A) local elected officials;
(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and
(C) appropriate State officials.
(3)
(A)
(B)
(C)
(4)
(A) to develop the plans and TIPs for adoption by a metropolitan planning organization; and
(B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.
(5)
(6)
(A)
(B)
(7)
(e)
(1)
(2)
(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and
(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.
(3)
(4)
(A)
(B)
(5)
(A) shall be established in the manner described in subsection (d)(1);
(B) shall encompass the areas described in paragraph (2)(A);
(C) may encompass the areas described in paragraph (2)(B); and
(D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.
(f)
(1)
(2)
(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and
(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.
(3)
(g) MPO
(1)
(2)
(3)
(A)
(B)
(i) recipients of assistance under this chapter;
(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and
(iii) recipients of assistance under section 204 of title 23.
(h)
(1)
(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and for freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;
(G) promote efficient system management and operation;
(H) emphasize the preservation of the existing transportation system; and
(I) improve the resiliency and reliability of the transportation system.
(2)
(A)
(B)
(i)
(I)
(II)
(ii)
(C)
(D)
(3)
(i)
(1)
(A)
(B)
(i)
(I) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(II) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a).
(ii)
(2)
(A)
(i)
(ii)
(B)
(C)
(i) progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and
(ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets.
(D)
(i)
(ii)
(E)
(i)
(I) demonstrates how the adopted transportation plan can be implemented;
(II) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and
(III) recommends any additional financing strategies for needed projects and programs.
(ii)
(iii)
(F)
(G)
(H)
(3)
(4)
(A)
(B)
(i) potential regional investment strategies for the planning horizon;
(ii) assumed distribution of population and employment;
(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);
(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;
(v) revenue constrained scenarios based on the total revenues expected to be available over the forecast period of the plan; and
(vi) estimated costs and potential revenues available to support each scenario.
(C)
(5)
(A)
(B)
(i) comparison of transportation plans with State conservation plans or maps, if available; or
(ii) comparison of transportation plans to inventories of natural or historic resources, if available.
(6)
(A)
(B)
(i) shall be developed in consultation with all interested parties; and
(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan.
(C)
(i) hold any public meetings at convenient and accessible locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(7)
(8)
(j)
(1)
(A)
(i) contains projects consistent with the current metropolitan transportation plan;
(ii) reflects the investment priorities established in the current metropolitan transportation plan; and
(iii) once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2).
(B)
(C)
(D)
(i) updated at least once every 4 years; and
(ii) approved by the metropolitan planning organization and the Governor.
(2)
(A)
(B)
(i) demonstrates how the TIP can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program;
(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and
(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.
(C)
(D)
(3)
(A)
(B)
(i)
(ii)
(C)
(D)
(4)
(5)
(A)
(i) by—
(I) in the case of projects under title 23, the State; and
(II) in the case of projects under this chapter, the designated recipients of public transportation funding; and
(ii) in cooperation with the metropolitan planning organization.
(B)
(6)
(A)
(B)
(7)
(A)
(B)
(i)
(ii)
(k)
(1)
(A)
(B)
(2)
(3)
(A)
(B)
(C)
(i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households;
(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and
(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.
(D)
(4)
(A)
(B)
(5)
(A)
(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and
(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.
(B)
(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and
(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.
(C)
(i)
(ii)
(D)
(l)
(1)
(2)
(A) the overall effectiveness of performance-based planning as a tool for guiding transportation investments;
(B) the effectiveness of the performance-based planning process of each metropolitan planning organization under this section;
(C) the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and
(D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a population of 200,000 or less and their ability to carry out the requirements of this section.
(3)
(m)
(1)
(2)
(n)
(1)
(2)
(o)
(p)
(q)
(r)
(1)
(2)
(A) a metropolitan planning organization;
(B) a transportation management area under subsection (k); and
(C) an urbanized area, which is comprised of a population of 145,000 and 25 square miles of land area and 25 square miles of land area 1 in the State of California and a population of 65,000 and 12 square miles of land area and 12 square miles of land area 1 in the State of Nevada.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 788; Pub. L. 104–287, §5(10), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–102, §2(4), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–178, title III, §§3004, 3029(b)(1)–(3), June 9, 1998, 112 Stat. 341, 372; Pub. L. 105–206, title IX, §9009(b), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §3005(a), Aug. 10, 2005, 119 Stat. 1547; Pub. L. 110–244, title II, §201(b), June 6, 2008, 122 Stat. 1609; Pub. L. 112–141, div. B, §20005(a), July 6, 2012, 126 Stat. 628; Pub. L. 114–94, div. A, title III, §3003(a), Dec. 4, 2015, 129 Stat. 1447; Pub. L. 114–322, title III, §3603(f)(3), Dec. 16, 2016, 130 Stat. 1789; Pub. L. 115–31, div. K, title I, §192, May 5, 2017, 131 Stat. 756.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5303(a) | 49 App.:1607(a) (2d–last sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(a) (2d–last sentences)–(g), (n); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2098, 2104. |
5303(b) | 49 App.:1607(f). | |
5303(c)(1) | 49 App.:1607(b)(1). | |
5303(c)(2) | 49 App.:1607(b)(2). | |
5303(c)(3) | 49 App.:1607(b)(6). | |
5303(c)(4) | 49 App.:1607(b)(4). | |
5303(c)(5) | 49 App.:1607(b)(5). | |
5303(c)(6) | 49 App.:1607(b)(3). | |
5303(d) | 49 App.:1607(c). | |
5303(e) | 49 App.:1607(d), (e). | |
5303(f) | 49 App.:1607(g). | |
5303(g) | 49 App.:1607(n). | |
5303(h) | 49 App.:1607(p). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(p); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2105; Oct. 6, 1992, Pub. L. 102–388, §502(h), 106 Stat. 1566. |
In this section, the word "together" is omitted as surplus. The words "Secretary of Commerce" are substituted for "Bureau of the Census" because of 15:1511(e).
In subsection (b)(2), the word "applicable" is omitted as surplus.
In subsection (b)(3), the words "where it does not yet occur" are omitted as surplus.
In subsection (b)(4), the words "the provisions of all applicable" are omitted as surplus.
In subsection (c)(4), before clause (A), the words "whether made under this section or other provisions of law" are omitted as surplus.
In subsection (d), the word "entire" is omitted as surplus.
In subsection (e)(2), the words "or compacts" and "joint or otherwise" are omitted as surplus.
In subsection (f)(3), the word "area" is added for clarity and consistency with 42:7501(2).
In subsection (f)(5)(A), the words "published or otherwise" are omitted as surplus.
In subsection (g), before clause (1), the words "local governmental authorities" are substituted for "local public bodies", and the words "departments, agencies, and instrumentalities of the Government" are substituted for "Federal departments and agencies", for consistency in the revised title and with other titles of the United States Code.
In subsection (h)(6)(A), the words "for obligation", "a period of", and "the close of" are omitted as surplus.
This amends 49:5303(f)(2) and (h)(4) to correct erroneous cross-references.
This amends 49:5303(c)(1) to correct an erroneous cross-reference.
This amends 49:5303(c)(4)(A) to correct an erroneous cross-reference.
This amends 49:5303(c)(5)(A) to correct an erroneous cross-reference.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (d)(2) and (l)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The Clean Air Act, referred to in subsecs. (e)(4)(A), (5)(D), (g)(1), (i)(3), (m)(2), and (n)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the SAFETEA-LU, referred to in subsec. (e)(4)(A), (5), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
The National Environmental Policy Act of 1969, referred to in subsec. (q), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
2017—Subsec. (r)(2)(C). Pub. L. 115–31 made amendment identical to that made by Pub. L. 114–322. See 2016 Amendment note below.
2016—Subsec. (r)(2)(C). Pub. L. 114–322 inserted "and 25 square miles of land area" after "145,000" and "and 12 square miles of land area" after "65,000".
2015—Subsec. (a)(1). Pub. L. 114–94, §3003(a)(1), inserted "resilient" after "development of".
Subsec. (c)(2). Pub. L. 114–94, §3003(a)(2), substituted ", bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers" for "and bicycle transportation facilities".
Subsec. (d)(3) to (7). Pub. L. 114–94, §3003(a)(3), added par. (3), redesignated pars. (3) to (6) as (4) to (7), respectively, and in par. (5), substituted "paragraph (6)" for "paragraph (5)".
Subsec. (e)(4)(B). Pub. L. 114–94, §3003(a)(4), substituted "subsection (d)(6)" for "subsection (d)(5)".
Subsec. (g)(3)(A). Pub. L. 114–94, §3003(a)(5), inserted "tourism, natural disaster risk reduction," after "economic development,".
Subsec. (h)(1)(I). Pub. L. 114–94, §3003(a)(6), added subpar. (I).
Subsec. (i)(2)(A)(i). Pub. L. 114–94, §3003(a)(7)(A)(i), substituted "public transportation facilities, intercity bus facilities" for "transit".
Subsec. (i)(2)(G). Pub. L. 114–94, §3003(a)(7)(A)(ii), substituted ", provide" for "and provide" and inserted before period at end ", and reduce the vulnerability of the existing transportation infrastructure to natural disasters".
Subsec. (i)(2)(H). Pub. L. 114–94, §3003(a)(7)(A)(iii), inserted before period at end ", including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated".
Subsec. (i)(6)(A). Pub. L. 114–94, §3003(a)(7)(B), inserted "public ports," before "freight shippers," and "(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)" after "private providers of transportation".
Subsec. (i)(8). Pub. L. 114–94, §3003(a)(7)(C), substituted "paragraph (2)(E)" for "paragraph (2)(C)" in two places.
Subsec. (k)(3)(A). Pub. L. 114–94, §3003(a)(8)(A), inserted "(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects," after "travel demand reduction".
Subsec. (k)(3)(C), (D). Pub. L. 114–94, §3003(a)(8)(B), added subpars. (C) and (D).
Subsec. (l)(1). Pub. L. 114–94, §3003(a)(9)(A), inserted a period at end.
Subsec. (l)(2)(D). Pub. L. 114–94, §3003(a)(9)(B), substituted "with a population of 200,000 or less" for "of less than 200,000".
Subsec. (p). Pub. L. 114–94, §3003(a)(10), substituted "Funds apportioned under section 104(b)(5)" for "Funds set aside under section 104(f)".
Subsec. (r). Pub. L. 114–94, §3003(a)(11), added subsec. (r).
2012—Pub. L. 112–141 amended section generally, substituting provisions consisting of subsecs. (a) to (q), including requirement to submit report on performance-based planning processes, for former provisions consisting of subsecs. (a) to (p).
2008—Subsec. (f)(3)(C)(ii)(II). Pub. L. 110–244, §201(b)(1), added subcl. (II) and struck out former subcl. (II). Prior to amendment, text read as follows: "In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this chapter and title 23, 1 percent of the funds allocated under section 202 of title 23 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph."
Subsec. (j)(3)(D). Pub. L. 110–244, §201(b)(2), inserted "or the identified phase" after "the project" in two places.
Subsec. (k)(2). Pub. L. 110–244, §201(b)(3), struck out "a metropolitan planning area serving" before "a transportation management area,".
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of a metropolitan planning organization for each urbanized area with a population of more than 50,000, general requirements, scope of planning process, boundaries of each area, coordination in multistate areas, development of long-range transportation plans, grants for studies and evaluations, and apportionment of funds.
1998—Subsecs. (a), (b). Pub. L. 105–178, §3004(a), added subsecs. (a) and (b) and struck out headings and text of former subsecs. (a) and (b) which related to development requirements and plan and program factors, respectively.
Subsec. (c)(1)(A). Pub. L. 105–178, §3004(b)(1)(B), substituted "or cities, as defined by the Bureau of the Census)" for "as defined by the Secretary of Commerce)".
Pub. L. 105–178, §3004(b)(1)(A), as amended by Pub. L. 105–206, §9009(b)(1)(A), substituted "general purpose local government that together represent" for "general local government representing".
Subsec. (c)(2). Pub. L. 105–178, §3004(b)(2), substituted "Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area when designated or redesignated under this subsection shall consist of" for "In a metropolitan area designated as a transportation management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include" and "officials of public agencies" for "officials of authorities".
Subsec. (c)(3). Pub. L. 105–178, §3004(b)(3), as amended by Pub. L. 105–206, §9009(b)(1)(B), substituted "within an existing metropolitan planning area only if the chief executive officer of the State and the existing metropolitan organization determine that the size and complexity of the existing metropolitan planning area" for "in an urbanized area (as defined by the Secretary of Commerce) only if the chief executive officer decides that the size and complexity of the urbanized area".
Subsec. (c)(4)(A). Pub. L. 105–178, §3004(b)(4), as added by Pub. L. 105–206, §9009(b)(1)(E), directed an amendment identical to that made by Pub. L. 105–102, §2(4)(B). See 1997 Amendment note below.
Subsec. (c)(5)(A). Pub. L. 105–178, §3004(b)(5)(A), formerly §3004(b)(4)(A), as renumbered and amended by Pub. L. 105–206, §9009(b)(1)(C), (D), substituted "general purpose local government that together represent" for "general local government representing".
Subsec. (c)(5)(B). Pub. L. 105–178, §3004(b)(5)(B), formerly §3004(b)(4)(B), as renumbered by Pub. L. 105–206, §9009(b)(1)(D), substituted "or cities, as defined by the Bureau of the Census)" for "as defined by the Secretary of Commerce)".
Subsec. (c)(5)(D). Pub. L. 105–178, §3004(b)(5)(C), formerly §3004(b)(4)(C), as renumbered by Pub. L. 105–206, §9009(b)(1)(D), added subpar. (D).
Subsec. (d). Pub. L. 105–178, §3004(c), inserted "Planning" after "Metropolitan" in subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, inserted "planning" before "area" in first sentence and substituted pars. (2) to (4) for "The area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may include the Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area, as defined by the Secretary of Commerce. An area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries of the nonattainment area, except as the chief executive officer and metropolitan planning organization otherwise agree."
Subsec. (e)(2). Pub. L. 105–178, §3004(d)(1), inserted "or compact" after "2 States making an agreement" and substituted "making the agreements and compacts effective" for "making the agreement effective".
Subsec. (e)(4) to (6). Pub. L. 105–178, §3004(d)(2), as amended by Pub. L. 105–206, §9009(b)(2), added pars. (4) to (6).
Subsec. (f). Pub. L. 105–178, §3004(e)(5), substituted "Developing Long-Range Transportation Plans" for "Developing Long-Range Plans" in heading.
Pub. L. 105–178, §3004(e)(6), which directed substitution of "long-range transportation plans" for "long-range plans" wherever appearing, could not be executed because "long-range plans" does not appear in text.
Subsec. (f)(1)(A). Pub. L. 105–178, §3004(e)(1)(A), substituted "national, regional, and metropolitan transportation functions" for "United States and regional transportation functions".
Subsec. (f)(1)(B)(iii). Pub. L. 105–178, §3004(e)(1)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: "recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects and programs;".
Subsec. (f)(1)(C). Pub. L. 105–178, §3004(e)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: "assess capital investment and other measures necessary—
"(i) to ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, and operations, maintenance, modernization, and rehabilitation of existing and future mass transportation facilities; and
"(ii) to use existing transportation facilities most efficiently to relieve vehicular congestion and maximize the mobility of individuals and goods; and".
Subsec. (f)(1)(E). Pub. L. 105–178, §3004(f)(1), as added by Pub. L. 105–206, §9009(b)(3), added subpar. (E).
Subsec. (f)(2). Pub. L. 105–178, §3004(e)(2), substituted "and any State or local goals developed within the cooperative metropolitan planning process as they relate to a 20-year forecast period and to other forecast periods as determined by the participants in the planning process" for "as they are related to a 20-year forecast period".
Subsec. (f)(4). Pub. L. 105–178, §3004(e)(3), inserted "freight shippers, providers of freight transportation services," after "mass transportation authority employees," and "representatives of users of public transit," after "private providers of transportation,".
Subsec. (f)(5)(A). Pub. L. 105–178, §3004(e)(4), inserted "published or otherwise" before "made readily available".
Subsec. (f)(6). Pub. L. 105–178, §3004(f)(2), as added by Pub. L. 105–206, §9009(b)(3), added par. (6).
Subsec. (h)(1). Pub. L. 105–178, §3029(b)(1), (2), substituted "subsection (c) or (h)(1) of section 5338 of this title" for "section 5338(g)(1) of this title" and "sections 5304 and 5305 of this title" for "sections 5304–5306 of this title".
Subsec. (h)(2)(A), (3)(A). Pub. L. 105–178, §3029(b)(1), substituted "subsection (c) or (h)(1) of section 5338 of this title" for "section 5338(g)(1) of this title".
Subsec. (h)(4). Pub. L. 105–178, §3029(b)(3), substituted "subsection (c) or (h)(1) of section 5338 of this title" for "section 5338(g) of this title".
1997—Subsec. (c)(1). Pub. L. 105–102, §2(4)(A), inserted "and sections 5304–5306 of this title" after "this section".
Subsec. (c)(4)(A). Pub. L. 105–102, §2(4)(B), substituted "paragraph (5)" for "paragraph (3)".
Subsec. (c)(5)(A). Pub. L. 105–102, §2(4)(C), inserted "and sections 5304–5306 of this title" after "this section".
1996—Subsec. (f)(2). Pub. L. 104–287, §5(10)(A), substituted "subsection (b)" for "subsection (e)".
Subsec. (h)(4). Pub. L. 104–287, §5(10)(B), substituted "section 5338(g)" for "5338(g)(1)".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Section 8(1) of Pub. L. 104–287, as amended by Pub. L. 105–102, §3(d)(2)(A), Nov. 20, 1997, 111 Stat. 2215, provided that: "The amendments made by sections 3 and 5(10)–(17), (19), (20), (52), (53), (55), (61), (62), (65), (70), (77)–(79), and (91)–(93) of this Act [amending this section, sections 5307, 5309, 5315, 5317, 5323, 5325, 5327, 5336, 5338, 20301, 21301, 22106, 32702, 32705, 40109, 41109, 46301, 46306, 46316, 60114, 70102, and 70112 of this title, and section 1445 of Title 28, Judiciary and Judicial Procedure] shall take effect on July 5, 1994."
Pub. L. 112–141, div. B, §20005(b), July 6, 2012, 126 Stat. 642, provided that:
"(1)
"(A)
"(B)
"(2)
"(A) enhance economic development, ridership, and other goals established during the project development and engineering processes;
"(B) facilitate multimodal connectivity and accessibility;
"(C) increase access to transit hubs for pedestrian and bicycle traffic;
"(D) enable mixed-use development;
"(E) identify infrastructure needs associated with the eligible project; and
"(F) include private sector participation.
"(3)
"(A) identification of an eligible project;
"(B) a schedule and process for the development of a comprehensive plan;
"(C) a description of how the eligible project and the proposed comprehensive plan advance the metropolitan transportation plan of the metropolitan planning organization;
"(D) proposed performance criteria for the development and implementation of the comprehensive plan; and
"(E) identification of—
"(i) partners;
"(ii) availability of and authority for funding; and
"(iii) potential State, local or other impediments to the implementation of the comprehensive plan."
Pub. L. 112–141, div. B, §20013(d), July 6, 2012, 126 Stat. 694, as amended by Pub. L. 114–94, div. A, title III, §3010(b), Dec. 4, 2015, 129 Stat. 1474, provided that: "Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall publish in the Federal Register policy guidance regarding how to best document compliance by recipients of Federal assistance under chapter 53 of title 49, United States Code, with the requirements regarding private enterprise participation in public transportation planning and transportation improvement programs under sections 5303(i)(6), 5306(a), and 5307(b) of such title 49."
Pub. L. 109–59, title III, §3005(b), Aug. 10, 2005, 119 Stat. 1559, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3005(a) of Pub. L. 109–59 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007.
(a)
(1)
(2)
(3)
(b)
(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and
(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).
(c)
(1)
(2)
(d)
(1)
(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;
(G) promote efficient system management and operation;
(H) emphasize the preservation of the existing transportation system; and
(I) improve the resiliency and reliability of the transportation system.
(2)
(A)
(B)
(i)
(I)
(II)
(ii)
(C)
(D)
(3)
(e)
(1) with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l);
(2) consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and
(3) consider coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.
(f)
(1)
(2)
(A)
(B)
(i)
(ii)
(C)
(D)
(i)
(ii)
(3)
(A)
(i) nonmetropolitan local elected officials, or, if applicable, through regional transportation planning organizations described in subsection (l), an opportunity to participate in accordance with subparagraph (B)(i); and
(ii) citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties a reasonable opportunity to comment on the proposed plan.
(B)
(i) develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii);
(ii) hold any public meetings at convenient and accessible locations and times;
(iii) employ visualization techniques to describe plans; and
(iv) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(4)
(A)
(B)
(5)
(A) a financial plan that—
(i) demonstrates how the adopted statewide transportation plan can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and
(iii) recommends any additional financing strategies for needed projects and programs; and
(B) for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
(6)
(7)
(A) a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and
(B) a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports;
(8)
(9)
(g)
(1)
(A)
(B)
(2)
(A)
(B)
(i)
(ii)
(C)
(3)
(4)
(5)
(A)
(B)
(i)
(ii)
(C)
(i)
(ii)
(D)
(i) consistent with the statewide transportation plan developed under this section for the State;
(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and
(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as a nonattainment area for ozone, particulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.).
(E)
(F)
(i)
(ii)
(G)
(i)
(ii)
(H)
(6)
(A)
(B)
(7)
(8)
(9)
(h)
(1)
(A) The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.
(B) The extent to which the State has made transportation investments that are efficient and cost-effective.
(C) The extent to which the State—
(i) has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and
(ii) provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State.
(2)
(A)
(i) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and
(ii) the effectiveness of the performance-based planning process of each State.
(B)
(i)
(j)
(k)
(l)
(1)
(2)
(3)
(A) a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and
(B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support.
(4)
(A) developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans;
(B) developing a regional transportation improvement program for consideration by the State;
(C) fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs;
(D) providing technical assistance to local officials;
(E) participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas;
(F) providing a forum for public participation in the statewide and regional transportation planning processes;
(G) considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d).
(5)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 793; Pub. L. 105–178, title III, §3005, June 9, 1998, 112 Stat. 345; Pub. L. 105–206, title IX, §9009(c)(2), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, §3006(a), Aug. 10, 2005, 119 Stat. 1559; Pub. L. 112–141, div. B, §20006, July 6, 2012, 126 Stat. 643; Pub. L. 114–94, div. A, title III, §3003(b), Dec. 4, 2015, 129 Stat. 1449.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5304(a) | 49 App.:1607(h)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(h); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2102; Oct. 6, 1992, Pub. L. 102–388, §§501, 502(e), 106 Stat. 1566. |
5304(b) | 49 App.:1607(h)(2). | |
5304(c) | 49 App.:1607(h)(3), (5). | |
5304(d) | 49 App.:1607(h)(6). | |
5304(e) | 49 App.:1607(h)(4). |
In subsection (b)(1), the word "initial" is omitted as surplus.
In subsection (b)(2)(C), the words "and programs" are omitted as surplus.
In subsection (c)(1), the word "otherwise" is omitted as surplus.
The Clean Air Act, referred to in subsecs. (b)(2) and (g)(5)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. Part D of title I of the Act is classified generally to part D (§7501 et seq.) of subchapter I of chapter 85 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (h)(2)(A), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The National Environmental Policy Act of 1969, referred to in subsec. (j), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
2015—Subsec. (a)(2). Pub. L. 114–94, §3003(b)(1), substituted ", bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers" for "and bicycle transportation facilities".
Subsec. (d)(1)(I). Pub. L. 114–94, §3003(b)(2)(A), added subpar. (I).
Subsec. (d)(2)(B)(ii). Pub. L. 114–94, §3003(b)(2)(B)(i), struck out "urbanized" after "In".
Subsec. (d)(2)(C). Pub. L. 114–94, §3003(b)(2)(B)(ii), struck out "urbanized" after "public transportation in".
Subsec. (f)(3)(A)(ii). Pub. L. 114–94, §3003(b)(3), inserted "public ports," before "freight shippers," and "(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)" after "private providers of transportation".
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to statewide transportation planning and consisted of subsecs. (a) to (j).
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development and updating of a transportation improvement program, contents of program, selection of projects, notice and an opportunity to comment on proposed programs, and conformance of review requirements under the National Environmental Policy Act of 1969.
1998—Subsec. (a). Pub. L. 105–178, §3005(d)(1), as added by Pub. L. 105–206, §9009(c)(2), designated existing provisions as par. (1), inserted heading, and added par. (2).
Pub. L. 105–178, §3005(a), in second sentence, substituted "the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator," for "the organization" and inserted "other affected employee representatives, freight shippers, providers of freight transportation services," after "transportation authority employees," and "representatives of users of public transit," after "private providers of transportation,".
Subsec. (b)(2)(B). Pub. L. 105–178, §3005(d)(2)(A), as added by Pub. L. 105–206, §9009(c)(2), struck out "and" at end.
Subsec. (b)(2)(C). Pub. L. 105–178, §3005(d)(2)(B), as added by Pub. L. 105–206, §9009(c)(2), which directed amendment of subpar. (C) by substituting "strategies; and" for "strategies which may include", was executed by making the substitution for "strategies, which may include" to reflect the probable intent of Congress. Remaining provisions of subpar. (C) redesignated (D).
Pub. L. 105–178, §3005(b), added subpar. (C) and struck out former subpar. (C) which read as follows: "recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects."
Subsec. (b)(2)(D). Pub. L. 105–178, §3005(d)(2)(B), as added by Pub. L. 105–206, §9009(c)(2), which directed amendment of subpar. (C) by substituting "strategies; and" followed by "(D) may include" for "strategies which may include", was executed by making the substitutions for "strategies, which may include" to reflect the probable intent of Congress.
Subsec. (c)(1). Pub. L. 105–178, §3005(c)(1), added par. (1) and struck out former par. (1) which read as follows: "Except as provided in section 5305(d)(1) of this title, the State, in cooperation with the metropolitan planning organization, shall select projects in a metropolitan area that involve United States Government participation. Selection shall comply with the transportation improvement program for the area."
Subsec. (c)(3). Pub. L. 105–178, §3005(c)(2), added par. (3).
Subsec. (c)(4). Pub. L. 105–178, §3005(d)(3), as added by Pub. L. 105–206, §9009(c)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: "Notwithstanding subsection (b)(2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subsection (b)(2)(C)."
Pub. L. 105–178, §3005(c)(2), added par. (4).
Subsec. (c)(5), (6). Pub. L. 105–178, §3005(c)(2), added pars. (5) and (6).
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Pub. L. 109–59, title III, §3006(b), Aug. 10, 2005, 119 Stat. 1565, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3006(a) of Pub. L. 109–59 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007.
1 So in original. The quotation marks probably should not appear.
(a)
(b)
(1)
(A) develop transportation plans and programs;
(B) plan, engineer, design, and evaluate a public transportation project; and
(C) conduct technical studies relating to public transportation.
(2)
(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.
(B) Evaluating previously financed projects.
(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.
(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.
(c)
(d)
(1)
(A)
(i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to
(ii) the total population of urbanized areas in all States, as shown by that census.
(B)
(2)
(A) considers population of urbanized areas;
(B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section;
(C) the State develops in cooperation with the metropolitan planning organizations; and
(D) the Secretary approves.
(3)
(A)
(B)
(e)
(1)
(A)
(i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to
(ii) the population of urbanized areas in all States, as shown by that census.
(B)
(2)
(f)
(g)
(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and
(2) 17.28 percent shall be available to carry out subsection (e).
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 794; Pub. L. 105–178, title III, §3006, June 9, 1998, 112 Stat. 346; Pub. L. 105–206, title IX, §9009(d), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, §3007(a), Aug. 10, 2005, 119 Stat. 1566; Pub. L. 111–147, title IV, §431, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2301, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title III, §301, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §131, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, §301, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, §301, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, §20030(a), div. G, title III, §113001, July 6, 2012, 126 Stat. 730, 983.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5305(a)–(e) | 49 App.:1607(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(i); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2103; Oct. 6, 1992, Pub. L. 102–388, §502(f), 106 Stat. 1566. |
5305(f) | 49 App.:1607(l). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(j), (l); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104. |
5305(g) | 49 App.:1607(j). |
In subsection (c), the words "title 23" are substituted for "this title" for consistency in this chapter and to reflect the apparent intent of Congress. The word "appropriate" is omitted as surplus.
In subsection (e)(2), the words "under the formula program" are omitted as surplus.
In subsections (f) and (g), the word "area" is added for clarity and consistency with 42:7501(2).
In subsection (f), the words "Notwithstanding any other provisions of this chapter or title 23, United States Code" are omitted as surplus.
2012—Subsec. (e)(1)(A). Pub. L. 112–141, §20030(a)(1), substituted "section 5304 and 5306" for "sections 5304, 5306, 5315, and 5322" in introductory provisions.
Subsec. (f). Pub. L. 112–141, §20030(a)(2), substituted "
Subsec. (g). Pub. L. 112–141, §113001, substituted "2012" for "2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012" in introductory provisions.
Pub. L. 112–141, §20030(a)(3), substituted "section 5338(a)(2)(A) for a fiscal year" for "section 5338(c) for fiscal years 2005 through 2012" in introductory provisions.
Pub. L. 112–140, §§1(c), 301, temporarily substituted "ending on July 6, 2012" for "ending on June 30, 2012" in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 substituted "2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012" for "2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012" in introductory provisions.
2011—Subsec. (g). Pub. L. 112–30 substituted "2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012" for "2011".
Pub. L. 112–5 substituted "2011" for "2010, and for the period beginning October 1, 2010, and ending March 4, 2011,".
2010—Subsec. (g). Pub. L. 111–322 substituted "March 4, 2011" for "December 31, 2010".
Pub. L. 111–147 substituted "2010, and for the period beginning October 1, 2010, and ending December 31, 2010," for "2009" in introductory provisions.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of areas as transportation management areas and plans and programs in an area.
1998—Subsec. (a)(2). Pub. L. 105–178, §3006(a), added par. (2) and struck out former par. (2) which read as follows: "any other area, including the Lake Tahoe Basin as defined in the Act of December 19, 1980 (Public Law 96–551, 94 Stat. 3233), when requested by the chief executive officer and the metropolitan organization designated for the area or the affected local officials."
Subsec. (b). Pub. L. 105–178, §3006(b), inserted "affected" before "mass transportation operators".
Subsec. (c). Pub. L. 105–178, §3006(c), struck out at end "The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306."
Subsec. (d)(1). Pub. L. 105–178, §3006(d), as amended by Pub. L. 105–206, §9009(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
"(1)(A) In consultation with the State, the metropolitan planning organization designated for a transportation management area shall select the projects to be carried out in the area with United States Government participation under this chapter or title 23, except projects of the National Highway System or under the Bridge and Interstate Maintenance programs.
"(B) In cooperation with the metropolitan planning organization designated for a transportation management area, the State shall select the projects to be carried out in the area of the National Highway System or under the Bridge and Interstate Maintenance programs."
Subsec. (e)(2). Pub. L. 105–178, §3006(e)(1), added par. (2) and struck out former par. (2) which read as follows: "If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is carrying out its responsibilities, the Secretary may withhold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropolitan area under section 133(d)(3) of title 23 and capital amounts apportioned under section 5336 of this title. If an organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of that apportionment and capital amounts shall be withheld. The withheld apportionments shall be restored when the Secretary certifies the organization."
Subsec. (e)(4). Pub. L. 105–178, §3006(e)(2), added par. (4).
Subsec. (h). Pub. L. 105–178, §3006(f), added subsec. (h).
Amendment by section 20030(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Pub. L. 112–141, div. G, title IV, §114001, July 6, 2012, 126 Stat. 988, provided that: "This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012."
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
1 So in original. Probably should be "sections".
(a)
(b)
(1) a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and
(2) intervention in the management of a transportation authority.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 795; Pub. L. 109–59, title III, §3008, Aug. 10, 2005, 119 Stat. 1568.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5306(a) | 49 App.:1607(o). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(o); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2105. |
5306(b) | 49 App.:1607(m). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(m); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, §502(g), 106 Stat. 1566. |
In subsection (a), the words "(through modernization, extension, addition, or otherwise)" are omitted as surplus.
2005—Subsec. (a). Pub. L. 109–59 inserted ", as determined by local policies, criteria, and decisionmaking," after "feasible".
(a)
(1)
(A) capital projects;
(B) planning;
(C) job access and reverse commute projects; and
(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census.
(2) The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census—
(A) for public transportation systems that—
(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
(B) subject to paragraph (3), for public transportation systems that—
(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection (b); or
(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection (b).
(3) The amount available to a public transportation system under subparagraph (B) of paragraph (2) shall be not more than 10 percent greater than the amount that would otherwise be available to the system under subparagraph (A) of that paragraph.
(b)
(1) make available to the public information on amounts available to the recipient under this section;
(2) develop, in consultation with interested parties, including private transportation providers, a proposed program of projects for activities to be financed;
(3) publish a proposed program of projects in a way that affected individuals, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the recipient;
(4) provide an opportunity for a public hearing in which to obtain the views of individuals on the proposed program of projects;
(5) ensure that the proposed program of projects provides for the coordination of public transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources;
(6) consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and
(7) make the final program of projects available to the public.
(c)
(1) the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (b) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a Governor under this section)—
(A) has or will have the legal, financial, and technical capacity to carry out the program, including safety and security aspects of the program;
(B) has or will have satisfactory continuing control over the use of equipment and facilities;
(C) will maintain equipment and facilities in accordance with the recipient's transit asset management plan;
(D) will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—
(i) senior;
(ii) individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
(iii) individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);
(E) in carrying out a procurement under this section, will comply with sections 5323 and 5325;
(F) has complied with subsection (b) of this section;
(G) has available and will provide the required amounts as provided by subsection (d) of this section;
(H) will comply with sections 5303 and 5304;
(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation;
(J)(i) will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under section 5336 of this title; or
(ii) has decided that the expenditure for security projects is not necessary;
(K) in the case of a recipient for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and
(L) will comply with section 5329(d); and
(2) the Secretary accepts the certification.
(d)
(1)
(2)
(3)
(A) in cash from non-Government sources other than revenues from providing public transportation services;
(B) from revenues from the sale of advertising and concessions;
(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;
(D) from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and
(E) from amounts received under a service agreement with a State or local social service agency or private social service organization.
(4)
(e)
(1)
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out any part of the project, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section.
(2)
(A) the recipient's expected apportionment under section 5336 of this title if the total amount authorized to be appropriated for the fiscal year to carry out this section is appropriated; less
(B) the maximum amount of the apportionment that may be made available for projects for operating expenses under this section.
(3)
(A)
(B)
(C)
(f)
(1)
(A)
(i) the activities proposed under subsection (c) of this section in a timely and effective way and can continue to do so; and
(ii) those activities and its certifications and has used amounts of the Government in the way required by law.
(B)
(2)
(3)
(g)
(h)
(1)
(2)
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 795; Pub. L. 103–429, §6(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–287, §5(11), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, §3007(a)(1), (b)–(h), June 9, 1998, 112 Stat. 347, 348; Pub. L. 105–206, title IX, §9009(e), July 22, 1998, 112 Stat. 855; Pub. L. 107–232, §1, Oct. 1, 2002, 116 Stat. 1478; Pub. L. 108–88, §8(n), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(n), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(n), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(n), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(n), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(n), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(m), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(m), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(m), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(m), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(m), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §§3002(b)(4), 3009(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1568–1571; Pub. L. 110–244, title II, §201(c), June 6, 2008, 122 Stat. 1609; Pub. L. 111–147, title IV, §432, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2302, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title III, §302, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §132, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, §302, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, §302, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, §20007, div. G, title III, §113002, July 6, 2012, 126 Stat. 652, 983; Pub. L. 114–94, div. A, title III, §3004, Dec. 4, 2015, 129 Stat. 1450; Pub. L. 115–31, div. K, title I, §165, May 5, 2017, 131 Stat. 749.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5307(a)(1) | 49 App.:1607a(j)(1) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (last sentence); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(b)(1), (2), 327(b), 101 Stat. 227, 238. |
5307(a)(2) | 49 App.:1607a(m)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(h), (i), (m)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145, 2147; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Oct. 6, 1992, Pub. L. 102–388, §503(2), 106 Stat. 1567. |
5307(b)(1) | 49 App.:1607a(j)(1) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (1st sentence); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(b)(3), 327(b), 101 Stat. 227, 238. |
5307(b)(2) | 49 App.:1607a(j)(1) (2d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (2d sentence); added Dec. 18, 1991, Pub. L. 102–240, §3013(h)(1), 105 Stat. 2107. |
5307(b)(3) | 49 App.:1607a(j)(1) (3d, 4th sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (3d, 4th sentences); added Apr. 2, 1987, Pub. L. 100–17, §308, 101 Stat. 226. |
5307(b)(4) | 49 App.:1607a(j)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(2); added Apr. 2, 1987, Pub. L. 100–17, §309(b)(4), 101 Stat. 227. |
5307(b)(5) | 49 App.:1607a(j)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(3); added Dec. 18, 1991, Pub. L. 102–240, §3013(h)(2), 105 Stat. 2107. |
5307(c) | 49 App.:1607a(f). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(f); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(g), 105 Stat. 2107. |
5307(d)(1) | 49 App.:1607a(e)(2) (1st, last sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(2); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §§312(a), 327(b), 101 Stat. 228, 238; Dec. 18, 1991, Pub. L. 102–240, §3013(d), 105 Stat. 2106. |
49 App.:1607a(e)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 202, §9(e)(3); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(f), 105 Stat. 2106. | |
5307(d)(2) | 49 App.:1607a(e)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(5); added Apr. 2, 1987, Pub. L. 100–17, §312(f)(1), 101 Stat. 229. |
5307(e) | 49 App.:1607a(k)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(c), (d), (f), 312(b)(1), 327(b), 101 Stat. 227, 228, 238. |
5307(f) | 49 App.:1607a (note). | Nov. 21, 1989, Pub. L. 101–164, §334(c), 103 Stat. 1098. |
5307(g) | 49 App.:1607a(p). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(p); added Apr. 2, 1987, Pub. L. 100–17, §306(b), 101 Stat. 225. |
5307(h) | 49 App.:1607a(e)(6). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(6); added Dec. 18, 1991, Pub. L. 102–240, §3013(e), 105 Stat. 2106. |
5307(i) | 49 App.:1607a(g). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(g); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, §§312(f)(2), 327(b), 101 Stat. 229, 238. |
5307(j) | 49 App.:1607a(e)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(4); added Apr. 2, 1987, Pub. L. 100–17, §312(b)(2), 101 Stat. 228. |
5307(k) | 49 App.:1607a(e)(2) (2d, 3d sentences). | |
5307(l) | 49 App.:1607a(i). | |
5307(m) | 49 App.:1607a(r). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(r); added Dec. 18, 1991, Pub. L. 102–240, §3013(j), 105 Stat. 2107. |
5307(n)(1) | 49 App.:1607a(h). | |
5307(n)(2) | 49 App.:1607a(e)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(c), 105 Stat. 2106. |
In subsection (a)(2)(A), the word "required" is omitted as surplus. The word "apportion" is substituted for "dispense" for consistency in this chapter. The word "appropriated" is omitted for clarity.
In subsection (a)(2)(B), the word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code. The words "by lease, contract, or otherwise" are omitted as surplus.
In subsection (b)(1), the words "by operation or lease or otherwise" are omitted as surplus.
In subsection (b)(3), the words "the Secretary prescribes" are added for clarity. The text of 49 App.:1607a(j)(1) (4th sentence) is omitted as executed.
In subsection (b)(4), the words "(whether by employees of the grant recipient or by contract)" are omitted as surplus.
In subsection (c)(1), the words "of funds" are omitted as surplus. The words "to the recipient" are added for clarity. The words "with such funds" are omitted as surplus.
In subsection (c)(3), the words "as appropriate" are omitted as surplus.
In subsection (c)(5), the words "and shall, if deemed appropriate by the recipient, modify the proposed program of projects" are omitted as surplus.
In subsection (d)(1)(B), the words "through operation or lease or otherwise" are omitted as surplus.
In subsection (d)(1)(D), the words "ensure that elderly and handicapped individuals . . . will be charged during non-peak hours for transportation using or involving a facility or equipment of a project financed under this chapter not more than 50 percent of the peak hour fare" are substituted for 49 App.:1607a(e)(3)(C) and the words "will give the rate required by section 1604(m) of this Appendix" for clarity and consistency in the revised title. The word "duly" is omitted as surplus.
In subsection (d)(1)(J)(ii), the words "has decided" are added for clarity to correct an error in the source provisions being restated.
In subsection (e), the words "at its option", "public", "the amount of any", "by such system", "Any public or private", "solely", and "available in" are omitted as surplus.
In subsection (f), the word "authority" is substituted for "agency or instrumentality" for consistency in the revised title and with other titles of the Code.
In subsection (f)(1), the words "is responsible under State laws for the financing, construction and operation, directly by lease, contract or otherwise, of public transportation services" are omitted as surplus because a State that is a designated recipient has that responsibility. The words "of UMTA funds", "combined total permissible", and "regardless of whether the amount for any particular urbanized area is exceeded" are omitted as surplus.
In subsection (f)(2), the word "Secretary" is substituted for "UMTA" [subsequently changed to "FTA" because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088)] because of 49:102(b) and 107(a). The words "This provision shall take effect with the fiscal year 1990 section 9 apportionment" are omitted as obsolete.
In subsection (g)(2), before clause (A), the word "applies" is substituted for "is sought beyond the currently authorized funds for such recipient" to eliminate unnecessary words. In clause (A), the words "of funds" are omitted as surplus.
In subsection (g)(3), the words "Subject to the provisions of this paragraph", "the Federal share of which the Secretary is authorized to pay under this subsection", and "actually" are omitted as surplus.
In subsection (i)(1)(A), before clause (i), the words "necessary or" are omitted as surplus. In clause (ii), the words "required by law" are substituted for "which is consistent with the applicable requirements of this chapter and other applicable laws" to eliminate unnecessary words.
In subsection (i)(1)(B), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702(b).
In subsection (i)(2), the words "In addition to the reviews and audits described in paragraph (1)" and "perform a" are omitted as surplus.
Subsection (i)(3) is substituted for 49 App.:1607a(g)(3) to eliminate unnecessary words.
In subsection (l), the words "Administrator for Federal Procurement Policy" are substituted for "Office of Federal Procurement Policy" because of 41:404(b). The words "Such approval shall be binding until withdrawn" are omitted as surplus.
In subsection (n)(1), the words "available under section 5336 of this title" are substituted for "available under this subsection" for clarity.
In subsection (n)(2), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The reference to 49 App.:1604(k)(3) is omitted as obsolete. The words "condition, limitation, or other" and "for programs of projects" are omitted as surplus.
This amends 49:5307(d)(1)(D) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 797).
This makes a clarifying amendment to 49:5307(d)(1)(E)(iii).
This amends 49:5307(a)(2) to delete an obsolete provision.
The Social Security Act, referred to in subsec. (c)(1)(D)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVIII of such Act are classified generally to subchapters II (§401 et seq.) and XVIII (§1395 et seq.) respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
2017—Subsec. (a)(2), (3). Pub. L. 115–31 added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:
"(2)
"(A) for public transportation systems that operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; and
"(B) for public transportation systems that operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours.
"(3)
2015—Subsec. (a)(2). Pub. L. 114–94, §3004(1)(A), inserted "or demand response service, excluding ADA complementary paratransit service," before "during peak" in subpars. (A) and (B).
Subsec. (a)(3). Pub. L. 114–94, §3004(1)(B), added par. (3).
Subsec. (c)(1)(C). Pub. L. 114–94, §3004(2)(A), inserted "in accordance with the recipient's transit asset management plan" after "equipment and facilities".
Subsec. (c)(1)(K). Pub. L. 114–94, §3004(2)(B), substituted "Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and" for "Census—
"(i) will expend not less than 1 percent of the amount the recipient receives each fiscal year under this section for associated transit improvements, as defined in section 5302; and
"(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and".
2012—Pub. L. 112–141, §20007, amended section generally. Prior to amendment, section related to urbanized area formula grants and consisted of subsecs. (a) to (l).
Subsec. (b)(2). Pub. L. 112–141, §113002(1), substituted "
Pub. L. 112–140, §§1(c), 302(1), temporarily substituted "
Pub. L. 112–102, §302(1), substituted "
Subsec. (b)(2)(A). Pub. L. 112–141, §113002(2), substituted "2012," for "2011 and the period beginning on October 1, 2011, and ending on June 30, 2012," in introductory provisions.
Pub. L. 112–140, §§1(c), 302(2), temporarily substituted "ending on July 6, 2012," for "ending on June 30, 2012," in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §302(2), substituted "2011 and the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and the period beginning on October 1, 2011, and ending on March 31, 2012," in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 112–141, §113002(3), substituted "
Pub. L. 112–140, §§1(c), 302(3), temporarily substituted "
Pub. L. 112–102, §302(3), substituted "
2011—Subsec. (b)(2). Pub. L. 112–30, §132(1), substituted "
Pub. L. 112–5, §302(1), substituted "
Subsec. (b)(2)(A). Pub. L. 112–30, §132(2), substituted "2011 and the period beginning on October 1, 2011, and ending on March 31, 2012," for "2011," in introductory provisions.
Pub. L. 112–5, §302(2), substituted "2011," for "2010, and the period beginning October 1, 2010, and ending March 4, 2011," in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 112–30, §132(3), substituted "
Pub. L. 112–5, §302(3), substituted "
2010—Subsec. (b)(2). Pub. L. 111–322, §2302(1), substituted "
Pub. L. 111–147, §432(1), substituted "
Subsec. (b)(2)(A). Pub. L. 111–322, §2302(2), substituted "March 4, 2011" for "December 31, 2010" in introductory provisions.
Pub. L. 111–147, §432(2), substituted "2010, and the period beginning October 1, 2010, and ending December 31, 2010," for "2009," in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 111–322, §2302(3), substituted "
Pub. L. 111–147, §432(3), substituted "
2008—Subsec. (b)(2). Pub. L. 110–244, §201(c)(1), substituted "
Subsec. (b)(2)(A). Pub. L. 110–244, §201(c)(2), in introductory provisions, substituted "2009" for "2007" and "public" for "mass".
Subsec. (b)(2)(E). Pub. L. 110–244, §201(c)(3), added subpar. (E).
Subsec. (b)(3). Pub. L. 110–244, §201(c)(4), substituted "section 5303(k)" for "section 5305(a)" in introductory provisions.
2005—Subsec. (a)(1). Pub. L. 109–59, §3009(b)(1), substituted "means—" for "means", designated part of existing provisions as subpar. (A), and added subpar. (B).
Subsec. (a)(2)(A). Pub. L. 109–59, §3009(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "a person designated, consistent with the planning process under sections 5303–5306 of this title, by the chief executive officer of a State, responsible local officials, and publicly owned operators of mass transportation to receive and apportion amounts under section 5336 of this title that are attributable to transportation management areas established under section 5305(a) of this title; or".
Subsec. (a)(2)(B). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (b)(1). Pub. L. 109–59, §3009(c)(1), added par. (1) and struck out former par. (1) which read as follows: "The Secretary of Transportation may make grants under this section for capital projects and to finance the planning and improvement costs of equipment, facilities, and associated capital maintenance items for use in mass transportation, including the renovation and improvement of historic transportation facilities with related private investment. The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000."
Subsec. (b)(2). Pub. L. 109–59, §3009(c)(2), added par. (2) and struck out former par. (2) which related to special rule for fiscal years 2003 and 2004 and for the period of Oct. 1, 2004, through July 30, 2005.
Pub. L. 109–40, §7(m)(1), substituted "
Pub. L. 109–37, §7(m)(1), substituted "
Pub. L. 109–35, §7(m)(1), substituted "
Pub. L. 109–20, §7(m)(1), substituted "
Pub. L. 109–14, §7(m)(1), substituted "
Subsec. (b)(2)(A). Pub. L. 109–40, §7(m)(2), substituted "July 30, 2005" for "July 27, 2005" in introductory provisions.
Pub. L. 109–37, §7(m)(2), substituted "July 27, 2005" for "July 21, 2005" in introductory provisions.
Pub. L. 109–35, §7(m)(2), substituted "July 21, 2005" for "July 19, 2005" in introductory provisions.
Pub. L. 109–20, §7(m)(2), substituted "July 19, 2005" for "June 30, 2005" in introductory provisions.
Pub. L. 109–14, §7(m)(2), substituted "June 30, 2005" for "May 31, 2005" in introductory provisions.
Subsec. (b)(3)(A). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (b)(4). Pub. L. 109–59, §3009(c)(3), struck out par. (4) which read as follows: "A project for the reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used, is a capital project for an associated capital maintenance item under this section."
Subsec. (c)(5). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (d)(1)(A). Pub. L. 109–59, §3009(d)(1), inserted ", including safety and security aspects of the program" before semicolon at end.
Subsec. (d)(1)(E)(iv). Pub. L. 109–59, §3009(d)(2), added cl. (iv).
Subsec. (d)(1)(H). Pub. L. 109–59, §3009(d)(3), substituted "section 5301(a), section 5301(d), and sections 5303 through 5306" for "sections 5301(a) and (d), 5303–5306, and 5310(a)–(d) of this title".
Subsec. (d)(1)(J)(i). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsec. (d)(1)(K). Pub. L. 109–59, §3009(d)(4), (5), added subpar. (K).
Subsec. (e). Pub. L. 109–59, §3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, text read as follows: "A grant of the Government for a capital project (including associated capital maintenance items) under this section is for 80 percent of the net project cost of the project. A recipient may provide additional local matching amounts. A grant for operating expenses may not be more than 50 percent of the net project cost of the project. The remainder of the net project cost shall be provided in cash from sources other than amounts of the Government or revenues from providing mass transportation (excluding revenues derived from the sale of advertising and concessions that are more than the amount of those revenues in the fiscal year that ended September 30, 1985). Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital."
Subsec. (f)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (g)(4). Pub. L. 109–59, §3009(f), struck out par. (4) which read as follows: "The Secretary shall consider changes in capital project cost indices when determining the estimated cost under paragraph (3) of this subsection."
Subsecs. (h), (i). Pub. L. 109–59, §3009(a), redesignated subsecs. (i) and (l) as (h) and (i), respectively, and struck out heading and text of former subsec. (h). Text read as follows: "The Secretary shall prescribe streamlined administrative procedures for complying with the certification requirement under subsection (d)(1)(B) and (C) of this section for track and signal equipment used in existing operations."
Subsec. (j). Pub. L. 109–59, §3009(a), redesignated subsec. (m) as (j) and struck out heading and text of former subsec. (j). Text read as follows: "A recipient (including a person receiving amounts from a chief executive officer of a State under this section) shall submit annually to the Secretary a report on the revenues the recipient derives from the sale of advertising and concessions."
Subsec. (k). Pub. L. 109–59, §3009(g), reenacted heading without change and amended text of subsec. (k) generally. Prior to amendment, text read as follows:
"(1) Section 1001 of title 18 applies to a certificate or submission under this section. The Secretary may end a grant under this section and seek reimbursement, directly or by offsetting amounts available under section 5336 of this title, when a false or fraudulent statement or related act within the meaning of section 1001 is made in connection with a certification or submission.
"(2) Sections 5302, 5318, 5319, 5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this section and to a grant made under this section. Except as provided in this section, no other provision of this chapter applies to this section or to a grant made under this section."
Pub. L. 109–59, §3009(a), redesignated subsec. (n) as (k) and struck out heading and text of former subsec. (k). Text read as follows:
"(1)
"(2)
"(3)
Subsec. (l). Pub. L. 109–59, §3009(h), added subsec. (l).
Pub. L. 109–59, §3009(a)(2), redesignated subsec. (l) as (i).
Subsecs. (m), (n). Pub. L. 109–59, §3009(a)(2), redesignated subsecs. (m) and (n) as (j) and (k), respectively.
2004—Subsec. (b)(2). Pub. L. 108–310 inserted "
Pub. L. 108–280 substituted "
Pub. L. 108–263 substituted "
Pub. L. 108–224 substituted "
Pub. L. 108–202 substituted "
2003—Subsec. (b)(2). Pub. L. 108–88, §8(n)(1), inserted "and for the period of October 1, 2003, through February 29, 2004" after "2003" in heading.
Subsec. (b)(2)(A). Pub. L. 108–88, §8(n)(2), inserted "and for the period of October 1, 2003, through February 29, 2004" after "2003," and added cl. (iv).
Subsec. (b)(2)(B). Pub. L. 108–88, §8(n)(3), inserted at end "Each portion of an area not designated as an urbanized area under the 1990 Federal decennial census and eligible to receive funds under subparagraph (A)(iv) shall receive an amount of funds made available to carry out this section that is no less than the amount the portion of the area received under section 5311 in fiscal year 2002."
2002—Subsec. (b)(1). Pub. L. 107–232, §1(1), struck out at end "The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000."
Subsec. (b)(2) to (4). Pub. L. 107–232, §1(2)–(4), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and realigned margins of par. (3)(C), as redesignated.
1998—Pub. L. 105–178, §3007(a)(1), substituted "Urbanized area formula grants" for "Block grants" in section catchline.
Subsec. (a). Pub. L. 105–178, §3007(b)(1), substituted "In this section, the following definitions apply:" for "In this section—" in introductory provisions.
Subsec. (a)(1). Pub. L. 105–178, §3007(b)(2), inserted "
Subsec. (a)(2). Pub. L. 105–178, §3007(b)(3), inserted "
Subsec. (b)(1). Pub. L. 105–178, §3007(h)(1), as added by Pub. L. 105–206, §9009(e), inserted at end "The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000."
Pub. L. 105–178, §3007(c)(1), substituted "and improvement costs of equipment" for ", improvement, and operating costs of equipment" and inserted at end "The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000."
Subsec. (b)(2)(A). Pub. L. 105–178, §3007(c)(2)(A), inserted ", in writing," after "approved".
Subsec. (b)(2)(C). Pub. L. 105–178, §3007(c)(2)(B)–(4), added subpar. (C).
Subsec. (b)(3), (4). Pub. L. 105–178, §3007(c)(5), (6), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: "A grant for a capital project under this section also is available to finance the leasing of equipment and facilities for use in mass transportation, subject to regulations the Secretary prescribes limiting the grant to leasing arrangements that are more cost effective than acquisition or construction."
Subsec. (b)(5). Pub. L. 105–178, §3007(c)(5), struck out par. (5) which read as follows: "Amounts under this section are available for a highway project under title 23 only if amounts used for the State or local share of the project are eligible to finance either a highway or mass transportation project."
Subsec. (g)(3). Pub. L. 105–178, §3007(d), substituted "the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms." for "the amount by which the estimated cost of carrying out the part (if it would be carried out at the time the part is converted to a regularly financed project) exceeds the actual cost (except interest) of carrying out the part."
Subsec. (i)(2). Pub. L. 105–178, §3007(e), inserted at end "To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews."
Subsec. (k). Pub. L. 105–178, §3007(f), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: "A certification under subsection (d) of this section and any additional certification required by law to be submitted to the Secretary may be consolidated into a single document to be submitted annually as part of the grant application under this section. The Secretary shall publish annually a list of all certifications required under this chapter with the publication required under section 5336(e)(2) of this title."
Subsec. (k)(3). Pub. L. 105–178, §3007(h)(2), as added by Pub. L. 105–206, §9009(e), inserted "preceding" before "fiscal year".
Subsec. (n)(2). Pub. L. 105–178, §3007(g), inserted "5319," after "5318,".
1996—Subsec. (a)(2). Pub. L. 104–287 substituted "title; or" for "title;" in subpar. (A) and "transportation." for "transportation; or" in subpar. (B) and struck out subpar. (C) which read as follows: "a recipient designated under section 5(b)(1) of the Federal Transit Act not later than January 5, 1983."
1994—Subsec. (d)(1)(D). Pub. L. 103–429, §6(7)(A), substituted "section" for "chapter".
Subsec. (d)(1)(E)(iii). Pub. L. 103–429, §6(7)(B), substituted "Buy America" for "Buy-American".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by section 20007 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113002 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 108–447, div. H, title I, §167, Dec. 8, 2004, 118 Stat. 3228, required the Secretary to continue the pilot program authorized under section 166 of Pub. L. 108–199, increased the program to 5 pilot projects, and required reports on the results of the projects.
Pub. L. 108–199, div. F, title I, §166, Jan. 23, 2004, 118 Stat. 309, required the Secretary to establish a pilot program consisting of 3 pilot projects related to cooperative procurement of major capital equipment and required reports on the results of the projects.
Pub. L. 105–178, title III, §3011, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 108–202, §9(u), Feb. 29, 2004, 118 Stat. 489; Pub. L. 108–224, §7(u), Apr. 30, 2004, 118 Stat. 637; Pub. L. 108–263, §7(u), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(u), July 30, 2004, 118 Stat. 886; Pub. L. 108–310, §8(u), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(t), May 31, 2005, 119 Stat. 334; Pub. L. 109–20, §7(s), July 1, 2005, 119 Stat. 356; Pub. L. 109–35, §7(s), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(s), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(s), July 28, 2005, 119 Stat. 421, allowed recipients of assistance under section 5307 or 5309 of this title to use proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project for fiscal years 1999 to 2004 and from Oct. 1, 2004, to July 30, 2005.
Pub. L. 105–178, title III, §3021, June 9, 1998, 112 Stat. 363; as amended by Pub. L. 105–206, title IX, §9009(m), July 22, 1998, 112 Stat. 857; Pub. L. 105–277, div. A, §101(g) [title III, §354], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476; Pub. L. 106–69, title III, §323, Oct. 9, 1999, 113 Stat. 1020, required the Secretary of Transportation to establish a pilot program to determine the benefits of using funds from the Mass Transit Account of the Highway Trust Fund for intercity passenger rail and required a report evaluating the program to be submitted no later than Oct. 1, 2002.
Pub. L. 105–178, title III, §3027(c), June 9, 1998, 112 Stat. 366; as amended by Pub. L. 105–206, title IX, §9009(o)(1), July 22, 1998, 112 Stat. 858; Pub. L. 105–277, div. A, §101(g) [title III, §360], Oct. 21, 1998, 112 Stat. 2681–439, 2681–477; Pub. L. 106–31, title VI, §6004, May 21, 1999, 113 Stat. 113; Pub. L. 106–346, §101(a) [title III, §341], Oct. 23, 2000, 114 Stat. 1356, 1356A–32; Pub. L. 108–199, div. F, title I, §176, Jan. 23, 2004, 118 Stat. 311, authorized the Secretary of Transportation to continue helping to finance mass transportation operating costs in certain urban areas for the period beginning on June 9, 1998, and ending no later than 3 years after that date.
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 800; Pub. L. 105–178, title III, §3008(a), (c), June 9, 1998, 112 Stat. 348; Pub. L. 105–206, title IX, §9009(f), July 22, 1998, 112 Stat. 855; Pub. L. 109–59, title III, §3010(a), Aug. 10, 2005, 119 Stat. 1572, related to a grant program for clean fuel buses.
Repeal 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.
Pub. L. 109–59, title III, §3045, Aug. 10, 2005, 119 Stat. 1705, which provided for the establishment of a national fuel cell bus technology development program, was repealed by Pub. L. 112–141, div. B, §20002(c)(4), July 6, 2012, 126 Stat. 622.
(a)
(1)
(2)
(3)
(4)
(A) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;
(B) that represents a substantial investment in a single route in a defined corridor or subarea; and
(C) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
(i) defined stations;
(ii) traffic signal priority for public transportation vehicles;
(iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and
(iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
(5)
(A) a new fixed guideway project that is a minimum operable segment or extension to an existing fixed guideway system; or
(B) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system.
(6)
(A) 2 or more new fixed guideway capital projects, small start projects, or core capacity improvement projects; or
(B) 2 or more projects that are any combination of new fixed guideway capital projects, small start projects, and core capacity improvement projects.
(7)
(A) the Federal assistance provided or to be provided under this section is less than $100,000,000; and
(B) the total estimated net capital cost is less than $300,000,000.
(b)
(1) new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in the advanced stages of project development or engineering; and
(2) core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by at least 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.
(c)
(1)
(A) the project is part of an approved transportation plan required under sections 5303 and 5304; and
(B) the applicant has, or will have—
(i) the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of the project;
(ii) satisfactory continuing control over the use of the equipment or facilities; and
(iii) the technical and financial capacity to maintain new and existing equipment and facilities.
(2)
(3)
(A) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and
(B) the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.
(4)
(d)
(1)
(A)
(i) the applicant—
(I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and
(II) initiates activities required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and
(ii) the Secretary—
(I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and
(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the new fixed guideway capital project is entering the project development phase.
(B)
(C)
(i)
(ii)
(I) a reasonable plan for completing the activities required under this paragraph; and
(II) an estimated time period within which the applicant will complete such activities.
(2)
(A)
(i) is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) is adopted into the metropolitan transportation plan required under section 5303;
(iii) is justified based on a comprehensive review of the project's mobility improvements, the project's environmental benefits, congestion relief associated with the project, economic development effects associated with the project, policies and land use patterns of the project that support public transportation, and the project's cost-effectiveness as measured by cost per rider; and
(iv) is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f).
(B)
(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient; and
(ii) population density and current public transportation ridership in the transportation corridor.
(e)
(1)
(A)
(i) the applicant—
(I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and
(II) initiates activities required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and
(ii) the Secretary—
(I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including when necessary a detailed description of any information deemed insufficient; and
(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the core capacity improvement project is entering the project development phase.
(B)
(C)
(i)
(ii)
(I) a reasonable plan for completing the activities required under this paragraph; and
(II) an estimated time period within which the applicant will complete such activities.
(2)
(A)
(i) is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969;
(ii) is adopted into the metropolitan transportation plan required under section 5303;
(iii) is in a corridor that is—
(I) at or over capacity; or
(II) projected to be at or over capacity within the next 5 years;
(iv) is justified based on a comprehensive review of the project's mobility improvements, the project's environmental benefits, congestion relief associated with the project, economic development effects associated with the project, the capacity needs of the corridor, and the project's cost-effectiveness as measured by cost per rider; and
(v) is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f).
(B)
(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(ii) whether the project will increase capacity at least 10 percent in a corridor;
(iii) whether the project will improve interconnectivity among existing systems; and
(iv) whether the project will improve environmental outcomes.
(f)
(1)
(A) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases or funding shortfalls;
(B) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and
(C) local resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project.
(2)
(A) the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient;
(B) existing grant commitments;
(C) the degree to which financing sources are dedicated to the proposed purposes;
(D) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose;
(E) the extent to which the project has a local financial commitment that exceeds the required non-Government share of the cost of the project; and
(F) private contributions to the project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.
(g)
(1)
(A) the project meets the applicable requirements under this section; and
(B) there is a reasonable likelihood that the project will continue to meet the requirements under this section.
(2)
(A)
(i) in the case of a new fixed guideway capital project, the project justification criteria under subsection (d)(2)(A)(iii), and the degree of local financial commitment; and
(ii) in the case of a core capacity improvement project, the capacity needs of the corridor, the project justification criteria under subsection (e)(2)(A)(iv), and the degree of local financial commitment.
(B)
(i) provide, in addition to the overall project rating under subparagraph (A), individual ratings for each of the criteria established under subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable; and
(ii) give comparable, but not necessarily equal, numerical weight to each of the criteria established under subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, in calculating the overall project rating under clause (i).
(C)
(3)
(A) the share of the cost of the project to be provided under this section does not exceed—
(i) $100,000,000; or
(ii) 50 percent of the total cost of the project;
(B) the applicant requests the use of the warrants;
(C) the applicant certifies that its existing public transportation system is in a state of good repair; and
(D) the applicant meets any other requirements that the Secretary considers appropriate to carry out this subsection.
(4)
(5)
(A) not later than 180 days after the date of enactment of the Federal Public Transportation Act of 2012; and
(B) each time the Secretary makes significant changes to the process and criteria, but not less frequently than once every 2 years.
(6)
(A) new fixed guideway capital projects that is based on the results of project justification, policies and land use patterns that promote public transportation, and local financial commitment, as required under this subsection; and
(B) core capacity improvement projects that is based on the results of the capacity needs of the corridor, project justification, and local financial commitment.
(7)
(h)
(1)
(2)
(A)
(i) the applicant—
(I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and
(II) initiates activities required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and
(ii) the Secretary—
(I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and
(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the small starts project is entering the project development phase.
(B)
(3)
(A) has been adopted as the locally preferred alternative as part of the metropolitan transportation plan required under section 5303;
(B) is based on the results of an analysis of the benefits of the project as set forth in paragraph (4); and
(C) is supported by an acceptable degree of local financial commitment.
(4)
(5)
(6)
(A)
(B)
(7)
(A)
(B)
(C)
(i)
(1)
(2)
(A) the project is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969;
(B) the project is adopted into the metropolitan transportation plan required under section 5303;
(C) the program of interrelated projects involves projects that have a logical connectivity to one another;
(D) the program of interrelated projects, when evaluated as a whole—
(i) meets the requirements of subsection (d)(2), subsection (e)(2), or paragraphs (3) and (4) of subsection (h), as applicable, if the program is comprised entirely of—
(I) new fixed guideway capital projects;
(II) core capacity improvement projects; or
(III) small start projects; or
(ii) meets the requirements of subsection (d)(2) if the program is comprised of any combination of new fixed guideway capital projects, small start projects, and core capacity improvement projects;
(E) the program of interrelated projects is supported by a program implementation plan demonstrating that construction will begin on each of the projects in the program of interrelated projects within a reasonable time frame; and
(F) the program of interrelated projects is supported by an acceptable degree of local financial commitment, as described in subsection (f) or subsection (h)(5), as applicable.
(3)
(A)
(i) in the case of a small start project, from the project development phase to the construction phase unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements; or
(ii) in the case of a new fixed guideway capital project or a core capacity improvement project, from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements.
(B)
(i)
(ii)
(iii)
(4)
(A)
(B)
(i) evidence of continued adequate funding; and
(ii) an estimated time frame for completing the program of interrelated projects.
(C)
(5)
(A)
(B)
(6)
(7)
(8)
(j)
(k)
(1)
(A)
(B)
(2)
(A)
(B)
(C)
(i) establish the terms of participation by the Government in a new fixed guideway capital project or core capacity improvement project;
(ii) establish the maximum amount of Federal financial assistance for the project;
(iii) include the period of time for completing the project, even if that period extends beyond the period of an authorization; and
(iv) make timely and efficient management of the project easier according to the law of the United States.
(D)
(i)
(ii)
(iii)
(iv)
(E)
(i)
(I) describes and analyzes the impacts of the new fixed guideway capital project or core capacity improvement project on public transportation services and public transportation ridership;
(II) evaluates the consistency of predicted and actual project characteristics and performance; and
(III) identifies reasons for differences between predicted and actual outcomes.
(ii)
(I)
(II)
(aa) collection of data on the current public transportation system regarding public transportation service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics;
(bb) documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project;
(cc) collection of data on the public transportation system 2 years after the opening of a new fixed guideway capital project or core capacity improvement project, including analogous information on public transportation service levels and ridership patterns and information on the as-built scope, capital, and financing costs of the project; and
(dd) analysis of the consistency of predicted project characteristics with actual outcomes.
(F)
(3)
(A)
(i) a full funding grant agreement for the project will be made; and
(ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost.
(B)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(4)
(A)
(B)
(5)
(l)
(1)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(2)
(3)
(A) the Secretary determines that the net capital project cost of the project is not more than 10 percent higher than the net capital project cost estimated at the time the project was approved for advancement into the engineering phase; and
(B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into the engineering phase.
(4)
(A) in cash from non-Government sources;
(B) from revenues from the sale of advertising and concessions; or
(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.
(5)
(6)
(7)
(8)
(A) establish a Government share of at least 80 percent; and
(B) not lower the project's rating for degree of local financial commitment for purposes of subsections (d)(2)(A)(v) or (h)(3)(C) as a result of the Government share specified in this paragraph.
(m)
(1)
(A) the State or local governmental authority applies for the payment;
(B) the Secretary approves the payment; and
(C) before the State or local governmental authority carries out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section.
(2)
(A)
(B)
(C)
(n)
(1)
(2)
(o)
(1)
(A) a proposal of allocations of amounts to be available to finance grants for projects under this section among applicants for these amounts;
(B) evaluations and ratings, as required under subsections (d), (e), and (i), for each such project that is in project development, engineering, or has received a full funding grant agreement; and
(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
(2)
(3)
(A) conduct a biennial review of—
(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects and core capacity improvement projects; and
(ii) the Secretary's implementation of such processes and procedures; and
(B) report to Congress on the results of such review by May 31 of each year.
(p)
(q)
(1)
(2)
(3)
(A) the net capital costs of the public transportation costs attributable to the project as determined under paragraph (4); and
(B) the share of funds dedicated to the project from sources other than this section included in the unified finance plan for the project.
(4)
(A) engineering studies;
(B) studies of economic feasibility;
(C) the expected use of equipment or facilities; and
(D) the public transportation costs attributable to the project.
(5)
(A)
(B)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 800; Pub. L. 104–287, §5(9), (12), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 102–240, title III, §3049(a), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §3009(a), (c)–(h)(1), (3)(D), (i)–(k), June 9, 1998, 112 Stat. 352–357; Pub. L. 105–206, title IX, §9009(g), (h)(3), July 22, 1998, 112 Stat. 855, 856; Pub. L. 106–69, title III, §347, Oct. 9, 1999, 113 Stat. 1024; Pub. L. 106–346, §101(a) [title III, §380], Oct. 23, 2000, 114 Stat. 1356, 1356A–42; Pub. L. 106–554, §1(a)(4) [div. A, §1101], Dec. 21, 2000, 114 Stat. 2763, 2763A–201; Pub. L. 108–88, §8(a), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 108–202, §9(a), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–224, §7(a), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, §7(a), June 30, 2004, 118 Stat. 704; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–280, §7(a), July 30, 2004, 118 Stat. 882; Pub. L. 108–310, §8(a), Sept. 30, 2004, 118 Stat. 1154; Pub. L. 109–14, §7(a), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, §7(a), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, §7(a), July 20, 2005, 119 Stat. 386; Pub. L. 109–37, §7(a), July 22, 2005, 119 Stat. 401; Pub. L. 109–40, §7(a), July 28, 2005, 119 Stat. 417; Pub. L. 109–59, title III, §3011(a), Aug. 10, 2005, 119 Stat. 1573; Pub. L. 110–244, title II, §201(d), June 6, 2008, 122 Stat. 1610; Pub. L. 111–147, title IV, §433, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2303, Dec. 22, 2010, 124 Stat. 3527; Pub. L. 112–5, title III, §303, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §133, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, §303, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, §303, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, §20008(a), div. G, title III, §113003, July 6, 2012, 126 Stat. 656, 984; Pub. L. 114–94, div. A, title III, §3005(a), Dec. 4, 2015, 129 Stat. 1450.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5309(a) (1)–(5) | 49 App.:1602(a)(1)(A). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2735; Jan. 6, 1983, Pub. L. 97–424, §313, 96 Stat. 2152. |
49 App.:1602(a)(1)(B), (C), (D) (1st, 3d sentences). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(B)–(D), (2)(B), (3), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2735, 2736. | |
5309(a)(6) | 49 App.:1602(a)(1)(E). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(E), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; restated Dec. 18, 1991, Pub. L. 102–240, §3006(a), 105 Stat. 2089. |
5309(a)(7) | 49 App.:1602(a)(1)(F). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(1)(F); added Dec. 18, 1991, Pub. L. 102–240, §3006(b), 105 Stat. 2089. |
5309(b)(1) | 49 App.:1602(b) (1st sentence). | July 9, 1964, Pub. L. 88–365, §3(b), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 963; Nov. 6, 1978, Pub. L. 95–599, §302(b), 92 Stat. 2737. |
5309(b)(2) | 49 App.:1602(a)(2)(B). | |
5309(b)(3) | 49 App.:1602(b) (8th, last sentences). | |
5309(b)(4), (5) | 49 App.:1602(b) (2d–6th sentences). | |
5309(c) | 49 App.:1602(a)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(5); added Jan. 6, 1983, Pub. L. 97–424, §304(b), 96 Stat. 2149. |
5309(d) | 49 App.:1602(a)(2)(A). | July 9, 1964, Pub. L. 88–365, §3(a)(2)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, §304(a), 96 Stat. 2149; restated Apr. 2, 1987, Pub. L. 100–17, §309(e), 101 Stat. 227. |
49 App.:1602(a)(3). | ||
5309(e)(1) | 49 App.:1602 (note). | Apr. 2, 1987, Pub. L. 100–17, §303(b), 101 Stat. 223. |
5309(e) (2)–(7) | 49 App.:1602(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(i); added Apr. 2, 1987, Pub. L. 100–17, §303(a), 101 Stat. 223; restated Dec. 18, 1991, Pub. L. 102–240, §3010, 105 Stat. 2093. |
5309(f)(1) | 49 App.:1602(a)(1)(D) (last sentence). | |
5309(f)(2) | 49 App.:1602(a)(1)(D) (2d sentence). | |
5309(g) | 49 App.:1602(a)(4). | July 9, 1964, Pub. L. 88–365, §3(a)(4), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, §305, 96 Stat. 2150; Apr. 2, 1987, Pub. L. 100–17, §302, 101 Stat. 223; Dec. 18, 1991, Pub. L. 102–240, §3007, 105 Stat. 2090. |
5309(h) | 49 App.:1603(a). | July 9, 1964, Pub. L. 88–365, §4(a), 78 Stat. 304; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §704(a), 82 Stat. 535; Oct. 15, 1970, Pub. L. 91–453, §3(a), 84 Stat. 965; Aug. 13, 1973, Pub. L. 93–87, §301(a), 87 Stat. 295; Nov. 26, 1974, Pub. L. 93–503, §103(b), 88 Stat. 1571; Nov. 6, 1978, Pub. L. 95–599, §303(b), 92 Stat. 2737; Jan. 6, 1983, Pub. L. 97–424, §302(b), 96 Stat. 2141; Dec. 18, 1991, Pub. L. 102–240, §3006(f), (g), 105 Stat. 2089. |
5309(i) | 49 App.:1602(c) (2d, last sentences). | July 9, 1964, Pub. L. 88–365, §3(c), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 964. |
5309(j) | 49 App.:1602(b) (7th sentence). | |
5309(k) | 49 App.:1602(c) (1st sentence). | |
5309(l) | 49 App.:1603(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(d); added Dec. 18, 1991, Pub. L. 102–240, §3006(h)(2), 105 Stat. 2090. |
5309(m)(1) | 49 App.:1602(k)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(1); added Apr. 2, 1987, Pub. L. 100–17, §305, 101 Stat. 224; restated Dec. 18, 1991, Pub. L. 102–240, §3006(d)(1), 105 Stat. 2089. |
5309(m)(2) | 49 App.:1602(k)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(3); added Dec. 18, 1991, Pub. L. 102–240, §3006(d)(2), 105 Stat. 2089. |
5309(m)(3) | 49 App.:1602(j). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(j); added Apr. 2, 1987, Pub. L. 100–17, §304, 101 Stat. 223. |
5309(m)(4) | 49 App.:1602(k)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(2); added Apr. 2, 1987, Pub. L. 100–17, §305, 101 Stat. 224. |
5309(n) | 49 App.:1602(l). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(l); added Apr. 2, 1987, Pub. L. 100–17, §306(a), 101 Stat. 224; Dec. 18, 1991, Pub. L. 102–240, §3006(e), 105 Stat. 2089. |
5309(o) | 49 App.:1602(n). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(n); added Oct. 6, 1992, Pub. L. 102–388, §502(d), 106 Stat. 1566. |
In subsection (a), before clause (1), the words "in accordance with the provisions of this chapter" are omitted as surplus. The words "and on such terms and conditions as the Secretary may prescribe" and 49 App.:1602(a)(1)(D) (3d sentence) are omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words "(directly, through the purchase of securities or equipment trust certificates, or otherwise)" and "and agencies thereof" are omitted as surplus. In clause (1), the word "detailed" is omitted as surplus. In clause (2), the words "capital projects" are substituted for "the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service" for clarity and consistency in this section. The words "Eligible facilities and equipment may include personal property such as buses and other rolling stock, and rail and bus facilities, and real" are omitted as surplus. The text of 49 App.:1602(a)(1)(B) (last sentence) is omitted as obsolete because former 49 App.:1604(a)(4) is executed and is not included in this restatement. In clause (3), the words "the capital costs of" are added for clarity and consistency in this section. The words "highway and" are omitted as surplus.
In subsection (b)(1), the word "finance" is omitted as surplus.
In subsection (b)(2), the words "for real property acquisition" are omitted as surplus. The words "for an approved project" are added for clarity and consistency. The words "which shall be in lieu of the determination required by subparagraph (A)", "real", and "connection with" are omitted as surplus.
In subsection (b)(3), the word "comprehensive" is omitted as surplus. The words "by the project" are added for clarity. The words "a period of" and "longer" are omitted as surplus.
In subsection (b)(4), the words "a period not exceeding" and "Each agreement shall provide that" are omitted as surplus. The words "shall be made within the 10-year period" are substituted for "shall not be later than 10 years following the fiscal year in which the agreement is made" to eliminate unnecessary words. The words "if any, over the original cost of the real property" are omitted as surplus. The words "deposit in" are substituted for "credit to" for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(5), the word "actual" is omitted as surplus. The words "deposited in" are substituted for "credited to" for consistency in the revised title and with other titles of the Code.
In subsection (c), before clause (1), the words "grant or loan" are substituted for "assistance" for consistency in the revised section. In clause (1), the words "rail carrier" are substituted for "railroad" for consistency in the revised title and with other titles of the Code.
In subsection (d), before clause (1), the words "Except as provided in subsections (b)(2) and (e) of this section" are added for clarity. In clause (1), the words "through operation or lease or otherwise" are omitted as surplus.
In subsection (e)(2), before clause (A), the word "existing" is added for clarity and consistency.
In subsection (e)(6)(C), the words "Part A of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1915)" are substituted for "the Federal-Aid Highway Act of 1991" because the Federal-Aid Highway Act of 1991 was title I of H.R. 1531, that was not enacted into law but contained predecessor provisions to Part A of title I of H.R. 2950, enacted into law as the Intermodal Surface Transportation Efficiency Act of 1991.
In subsection (f)(1), the words "or entity" are omitted as surplus.
In subsection (f)(2), before clause (A), the words "for a project under subsection (a)(5) of this section" are added for clarity. In clause (B), the words "whether publicly or privately owned" are omitted as surplus.
In subsection (g)(1)(A), the words "The letter shall be regarded as an intention to obligate" are omitted as surplus.
In subsection (g)(1)(D), the words "pursuant to such a letter of intent" are omitted as surplus.
In subsection (g)(2)(A)(i), the words "and conditions" are omitted as being included in "terms".
In subsection (g)(4), the word "issued" is omitted as surplus. The text of 49 App.:1602(a)(4)(E) (3d sentence) is omitted as executed. The text of 49 App.:1602(a)(4)(E) (4th and last sentences) is omitted as obsolete.
In subsection (h), the words "nature and extent of" are omitted as surplus. The words "net project cost" are substituted for "what portion of the cost of a project to be assisted under section 1602 of this Appendix cannot be reasonably financed from revenues—which portion shall hereinafter be called 'net project cost' " because of the definition of "net project cost" in section 5302(a) of the revised title. The words "Except as provided in paragraph (2) of this subsection" are added for clarity. The words "Such remainder may be provided in whole or in part from other than public sources and any public or private", "solely", and "at any time" are omitted as surplus. The words "shall be deemed" are omitted as unnecessary since the text is a statement of a legal conclusion.
In subsection (i), before clause (1), the words "Except for a loan under subsection (b) of this section" are added for clarity. The words "made under this section" and "at a rate" are omitted as surplus. In clause (1), the word "market" is omitted as surplus. In clause (2), the words "under the program" are omitted as surplus.
In subsection (j), the words "loan and interest" are substituted for "principal and accrued interest on the loan then outstanding" to eliminate unnecessary words.
In subsection (m)(1)(B) and (3), the word "existing" is added for clarity and consistency.
In subsection (m)(1), before clause (A), the words "Subject to paragraph (3)" are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (m)(3), before clause (A), the words "Not later than 30 days after April 2, 1987" are omitted as executed. The words "prepare and" are omitted as surplus. The text of 49 App.:1602(j)(1) is omitted as obsolete because 49 App.:1602(k)(1) was restated by section 3006(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2089) and clause (D) was not carried forward.
In subsection (m)(4), the text of 49 App.:1602(k)(2)(B) is omitted as expired.
In subsection (n)(2), the words "Subject to the provisions of this paragraph", "the Federal share of which the Secretary is authorized to pay under this subsection", and "actually" are omitted as surplus.
This amends 49:5309(a) to clarify the restatement of 49 App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 800).
This amends 49:5309(e)(4)(B) to correct an erroneous cross-reference.
This amends 49:5309(m)(1)(A) to make a conforming amendment.
The National Environmental Policy Act of 1969, referred to in subsecs. (d)(1)(A)(i)(II), (B), (2)(A), (e)(1)(A)(i)(II), (B), (2)(A), (h)(2)(A)(i)(II), (B), (6)(B), (i)(2), and (k)(3)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (g)(5)(A), (6), (7), (j), and (l)(7) is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Pub. L. 111–322, §2303(4)–(7), which directed amendment of subpars. (B) to (E) of subsec. (m) of this section without specifying the paragraph to be amended, was executed to subpars. (B) to (E) of par. (7) of subsec. (m), to reflect the probable intent of Congress. See 2010 Amendment notes below.
2015—Subsec. (a)(3). Pub. L. 114–94, §3005(a)(1)(A), struck out "and weekend days" after "substantial part of weekdays".
Subsec. (a)(6)(A). Pub. L. 114–94, §3005(a)(1)(B)(i), inserted ", small start projects," after "new fixed guideway capital projects".
Subsec. (a)(6)(B). Pub. L. 114–94, §3005(a)(1)(B)(ii), added subpar. (B) and struck out former subpar. (B), which read as follows: "1 or more new fixed guideway capital projects and 1 or more core capacity improvement projects."
Subsec. (a)(7)(A). Pub. L. 114–94, §3005(a)(1)(C)(i), substituted "$100,000,000" for "$75,000,000".
Subsec. (a)(7)(B). Pub. L. 114–94, §3005(a)(1)(C)(ii), substituted "$300,000,000" for "$250,000,000".
Subsec. (d)(1)(B). Pub. L. 114–94, §3005(a)(2)(A), struck out ", policies and land use patterns that promote public transportation," after "project justification".
Subsec. (d)(2)(A)(iii) to (v). Pub. L. 114–94, §3005(a)(2)(B), inserted "and" after semicolon in cl. (iii), redesignated cl. (v) as (iv), and struck out former cl. (iv), which read as follows: "is supported by policies and land use patterns that promote public transportation, including plans for future land use and rezoning, and economic development around public transportation stations; and".
Subsec. (g)(2)(A)(i). Pub. L. 114–94, §3005(a)(3), struck out "the policies and land use patterns that support public transportation," after "subsection (d)(2)(A)(iii),".
Subsec. (h)(6). Pub. L. 114–94, §3005(a)(4), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Subsec. (i)(1). Pub. L. 114–94, §3005(a)(5)(A), substituted "subsection (d), (e), or (h)" for "subsection (d) or (e)".
Subsec. (i)(2). Pub. L. 114–94, §3005(a)(5)(B)(i), inserted "new fixed guideway capital project or core capacity improvement" after "federally funded" in introductory provisions.
Subsec. (i)(2)(D). Pub. L. 114–94, §3005(a)(5)(B)(ii), added subpar. (D) and struck out former subpar. (D), which read as follows: "the program of interrelated projects, when evaluated as a whole, meets the requirements of subsection (d)(2) or (e)(2), as applicable;".
Subsec. (i)(2)(F). Pub. L. 114–94, §3005(a)(5)(B)(iii), inserted "or subsection (h)(5), as applicable" after "subsection (f)".
Subsec. (i)(3)(A). Pub. L. 114–94, §3005(a)(5)(C), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "A project receiving a grant under this section that is part of a program of interrelated projects may not advance from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements."
Subsec. (l)(1). Pub. L. 114–94, §3005(a)(6)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost. A grant for a fixed guideway project or small start project shall not exceed 80 percent of the net capital project cost. A grant for a core capacity project shall not exceed 80 percent of the net capital project cost of the incremental cost of increasing the capacity in the corridor."
Subsec. (l)(4). Pub. L. 114–94, §3005(a)(6)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "The remainder of the net capital project cost shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital."
Subsec. (n). Pub. L. 114–94, §3005(a)(7), added subsec. (n) and struck out former subsec. (n), which related to availability of amounts for a new fixed guideway capital project.
Subsecs. (p), (q). Pub. L. 114–94, §3005(a)(8), added subsecs. (p) and (q).
2012—Pub. L. 112–141, §20008(a), amended section generally. Prior to amendment, section related to capital investment grants and consisted of subsecs. (a) to (m).
Subsec. (m)(2). Pub. L. 112–141, §113003(1)(A), (B), substituted "
Pub. L. 112–140, §§1(c), 303(1)(A), (B), temporarily substituted "
Pub. L. 112–102, §303(1)(A), (B), substituted "
Subsec. (m)(2)(A)(i). Pub. L. 112–141, §113003(1)(C), substituted "2012" for "2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 303(1)(C), temporarily substituted "2011 and $152,000,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(1)(C), substituted "2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(6)(B). Pub. L. 112–141, §113003(2)(A), substituted "2012" for "2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 303(2)(A), temporarily substituted "2011 and $11,400,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(2)(A), substituted "2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(6)(C). Pub. L. 112–141, §113003(2)(B), substituted "through 2012" for "though 2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 303(2)(B), temporarily substituted "through 2011 and $3,800,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "though 2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(2)(B), substituted "2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(A). Pub. L. 112–141, §113003(3)(A)(i), in introductory provisions, substituted "2012" for "2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," and inserted "each fiscal year" before colon at end.
Pub. L. 112–140, §§1(c), 303(3)(A)(i), temporarily substituted "2011 and $7,600,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," and "shall be set aside:" for "shall be set aside for:" in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(i), substituted "2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and $5,000,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012," in introductory provisions.
Subsec. (m)(7)(A)(i), (ii). Pub. L. 112–141, §113003(3)(A)(ii), (iii), struck out "for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," after "$2,500,000".
Pub. L. 112–140, §§1(c), 303(3)(a)(ii), (iii), temporarily substituted "$1,900,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(ii), (iii), substituted "for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(A)(iii) to (vi). Pub. L. 112–141, §113003(3)(A)(iv)–(vii), struck out "for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," after "$1,000,000".
Pub. L. 112–140, §§1(c), 303(3)(A)(iv)–(vii), temporarily substituted "$760,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(iv)–(vii), substituted "for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(A)(vii). Pub. L. 112–141, §113003(3)(A)(viii), struck out "for each fiscal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012," after "$650,000".
Pub. L. 112–140, §§1(c), 303(3)(A)(viii), temporarily substituted "$494,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(viii), substituted "for each fiscal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(A)(viii). Pub. L. 112–141, §113003(3)(A)(ix), struck out "for each fiscal year and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012," after "$350,000".
Pub. L. 112–140, §§1(c), 303(3)(A)(ix), temporarily substituted "$266,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(ix), substituted "for each fiscal year and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(B)(vii). Pub. L. 112–141, §113003(3)(B), added cl. (vii) and struck out former cl. (vii) which read as follows: "$10,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 303(3)(B), temporarily added cl. (vii), which set aside $10,260,000 for the period beginning on October 1, 2011, and ending on July 6, 2012, and temporarily struck out former cl. (vii) which read as follows: "$10,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012." See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(B), added cl. (vii) and struck out former cl. (vii) which read as follows: "$6,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012."
Subsec. (m)(7)(C). Pub. L. 112–141, §113003(3)(C), struck out "and during the period beginning on October 1, 2011, and ending on June 30, 2012," after "each fiscal year".
Pub. L. 112–140, §§1(c), 303(3)(C), temporarily substituted "ending on July 6, 2012," for "ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(C), substituted "and during the period beginning on October 1, 2011, and ending on June 30, 2012," for "and during the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(D). Pub. L. 112–141, §113003(3)(D), struck out "and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," after "each fiscal year".
Pub. L. 112–140, §§1(c), 303(3)(D), temporarily substituted "and not less than $26,600,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(D), substituted "and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "and not less than $17,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(E). Pub. L. 112–141, §113003(3)(E), struck out "and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," after "each fiscal year".
Pub. L. 112–140, §§1(c), 303(3)(E), temporarily substituted "and $2,280,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(E), substituted "and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "and $1,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,".
2011—Subsec. (m)(2). Pub. L. 112–30, §133(1)(A), (B), substituted "
Pub. L. 112–5, §303(1)(A), (B), substituted "
Subsec. (m)(2)(A)(i). Pub. L. 112–30, §133(1)(C), substituted "2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "2011".
Pub. L. 112–5, §303(1)(C), substituted "2011" for "2010, and $84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (m)(6)(B). Pub. L. 112–30, §133(2)(A), substituted "2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012," for "2011".
Pub. L. 112–5, §303(2)(A), substituted "2011" for "2010, and $6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (m)(6)(C). Pub. L. 112–30, §133(2)(B), substituted "2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012," for "2011".
Pub. L. 112–5, §303(2)(B), substituted "2011" for "2010, and $2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (m)(7)(A). Pub. L. 112–30, §133(3)(A)(i), substituted "2011 and $5,000,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012," for "2011" and struck out "each fiscal year" before colon.
Pub. L. 112–5, §303(3)(A)(i)–(iii), struck out cl. (i) designation and heading, substituted "$10,000,000 shall be available in each of fiscal years 2006 through 2011" for "$10,000,000 shall be available in each of fiscal years 2006 through 2010" in introductory provisions, redesignated subcls. (I) to (VIII) of former cl. (i) as cls. (i) to (viii), respectively, struck out former cl. (ii) which provided a special rule for Oct. 1, 2010, through Mar. 4, 2011, and realigned margins.
Subsec. (m)(7)(A)(i), (ii). Pub. L. 112–30, §133(3)(A)(ii), (iii), substituted "$2,500,000 for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "$2,500,000".
Subsec. (m)(7)(A)(iii). Pub. L. 112–30, §133(3)(A)(iv), substituted "$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "$1,000,000".
Subsec. (m)(7)(A)(iv). Pub. L. 112–30, §133(3)(A)(v), substituted "$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "$1,000,000".
Pub. L. 112–5, §303(3)(A)(iv), inserted a period at the end.
Subsec. (m)(7)(A)(v), (vi). Pub. L. 112–30, §133(3)(A)(vi), (vii), substituted "$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "$1,000,000".
Subsec. (m)(7)(A)(vii). Pub. L. 112–30, §133(3)(A)(viii), substituted "$650,000 for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "$650,000".
Subsec. (m)(7)(A)(viii). Pub. L. 112–30, §133(3)(A)(ix), substituted "$350,000 for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "$350,000".
Subsec. (m)(7)(B). Pub. L. 112–5, §303(3)(B)(i), struck out "$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011" after cl. (v).
Subsec. (m)(7)(B)(vi). Pub. L. 112–5, §303(3)(B)(ii), added cl. (vi).
Subsec. (m)(7)(B)(vii). Pub. L. 112–30, §133(3)(B), added cl. (vii).
Subsec. (m)(7)(C). Pub. L. 112–30, §133(3)(C), substituted "fiscal year and during the period beginning on October 1, 2011, and ending on March 31, 2012," for "fiscal year".
Pub. L. 112–5, §303(3)(C), struck out ", and during the period beginning October 1, 2010, and ending March 4, 2011," after "year".
Subsec. (m)(7)(D). Pub. L. 112–30, §133(3)(D), substituted "fiscal year and not less than $17,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012," for "fiscal year".
Pub. L. 112–5, §303(3)(D), struck out ", and not less than $14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011," after "year".
Subsec. (m)(7)(E). Pub. L. 112–30, §133(3)(E), substituted "fiscal year and $1,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012," for "fiscal year".
Pub. L. 112–5, §303(3)(E), struck out ", and $1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011," after "year".
2010—Subsec. (m)(2). Pub. L. 111–322, §2303(1)(A), (B), substituted "
Pub. L. 111–147, §433(1)(A), (B), substituted "
Subsec. (m)(2)(A)(i). Pub. L. 111–322, §2303(1)(C), substituted "$84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010".
Pub. L. 111–147, §433(1)(C), substituted "2010, and $50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010," for "2009".
Subsec. (m)(6)(B). Pub. L. 111–322, §2303(2)(A), which directed substitution of "$6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011" for "$3,750,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010", was executed by making the substitution for "$3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010", to reflect the probable intent of Congress.
Pub. L. 111–147, §433(2)(A), substituted "2010, and $3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010," for "2009".
Subsec. (m)(6)(C). Pub. L. 111–322, §2303(2)(B), substituted "$2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011" for "$1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §433(2)(B), substituted "2010, and $1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010," for "2009".
Subsec. (m)(7)(A). Pub. L. 111–147, §433(3)(A), inserted cl. (i) designation and heading, substituted "$10,000,000 shall be available in each of fiscal years 2006 through 2010" for "$10,000,000 shall be available in each of fiscal years 2006 through 2009" in introductory provisions, redesignated former cls. (i) to (viii) as subcls. (I) to (VIII), respectively, of cl. (i), and added cl. (ii).
Subsec. (m)(7)(A)(ii). Pub. L. 111–322, §2303(3)(A)(iii), substituted "155/365ths" for "25 percent".
Pub. L. 111–322, §2303(3)(A)(ii), which directed substitution of "$4,246,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011" for "$2,500,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010", was executed by making the substitution for "$2,500,000 shall be available in the period beginning October 1, 2010, and ending December 31, 2010", to reflect the probable intent of Congress.
Pub. L. 111–322, §2303(3)(A)(i), substituted "
Subsec. (m)(7)(B). Pub. L. 111–322, §2303(4), which directed general amendment of cl. (vi), was executed by substituting "$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "(vi) $3,375,000 for the period beginning October 1, 2010, and ending December 31, 2010." See Codification note above.
Subsec. (m)(7)(B)(v). Pub. L. 111–147, §433(3)(B), added cl. (v).
Subsec. (m)(7)(B)(vi). Pub. L. 111–147, §433(3)(B), added cl. (vi).
Subsec. (m)(7)(C). Pub. L. 111–322, §2303(5), substituted "March 4, 2011" for "December 31, 2010". See Codification note above.
Pub. L. 111–147, §433(3)(C), inserted ", and during the period beginning October 1, 2010, and ending December 31, 2010," after "fiscal year".
Subsec. (m)(7)(D). Pub. L. 111–322, §2303(6), substituted "$14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011" for "$8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010". See Codification note above.
Pub. L. 111–147, §433(3)(D), inserted ", and not less than $8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010," after "year".
Subsec. (m)(7)(E). Pub. L. 111–322, §2303(7), substituted "$1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011" for "$750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010". See Codification note above.
Pub. L. 111–147, §433(3)(E), inserted ", and $750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010," after "year".
2008—Subsec. (d)(5)(B). Pub. L. 110–244, §201(d)(1), substituted "this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating." for "regulation."
Subsec. (e)(6)(B). Pub. L. 110–244, §201(d)(2), substituted "subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating." for "subsection."
Subsec. (m)(2)(A). Pub. L. 110–244, §201(d)(3), substituted "
Subsec. (m)(7)(B). Pub. L. 110–244, §201(d)(4), substituted "section 3045" for "section 3039" in introductory provisions.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (p) providing for grants and loans to assist State and local governmental authorities in financing capital projects related to fixed guideway systems, capital projects needed for an efficient and coordinated mass transportation system, the capital costs of coordinating mass transportation with other transportation, the introduction of new technology, and mass transportation projects to meet the special needs of elderly individuals and individuals with disabilities.
Subsec. (m)(1). Pub. L. 109–40, §7(a)(1), substituted "July 30, 2005" for "July 27, 2005" in introductory provisions.
Pub. L. 109–37, §7(a)(1), substituted "July 27, 2005" for "July 21, 2005" in introductory provisions.
Pub. L. 109–35, §7(a)(1), substituted "July 21, 2005" for "July 19, 2005" in introductory provisions.
Pub. L. 109–20, §7(a)(1), substituted "July 19, 2005" for "June 30, 2005" in introductory provisions.
Pub. L. 109–14, §7(a)(1), substituted "June 30, 2005" for "May 31, 2005" in introductory provisions.
Subsec. (m)(2)(B)(iii). Pub. L. 109–40, §7(a)(2), substituted "
Pub. L. 109–37, §7(a)(2), substituted "
Pub. L. 109–35, §7(a)(2), substituted "
Pub. L. 109–20, §7(a)(2), substituted "
Pub. L. 109–14, §7(a)(2), substituted "
Subsec. (m)(3)(B). Pub. L. 109–40, §7(a)(3), substituted "$2,470,000" for "$2,465,754" and "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(a)(3), substituted "$2,465,754" for "$2,430,000" and "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(a)(3), substituted "$2,430,000" for "$2,400,000" and "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(a)(3), substituted "$2,400,000" for "$2,250,000" and "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(a)(3), substituted "$2,250,000" for "$2,000,000" and "June 30, 2005" for "May 31, 2005".
Subsec. (m)(3)(C). Pub. L. 109–40, §7(a)(4), substituted "$41,506,850" for "$41,095,900" and "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(a)(4), substituted "$41,095,900" for "$40,500,000" and "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(a)(4), substituted "$40,500,000" for "$40,000,000" and "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(a)(4), substituted "$40,000,000" for "$37,500,000" and "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(a)(4), substituted "$37,500,000" for "$33,333,333" and "June 30, 2005" for "May 31, 2005".
2004—Subsec. (m)(1). Pub. L. 108–310, §8(a)(1), inserted "and for the period of October 1, 2004, through May 31, 2005" after "2004" in introductory provisions.
Pub. L. 108–280, §7(a)(1)(A), struck out "2003 and for the period of October 1, 2003, through July 31," before "2004" in introductory provisions.
Pub. L. 108–263, §7(a)(1)(A), substituted "July 31, 2004" for "June 30, 2004" in introductory provisions.
Pub. L. 108–224, §7(a)(1)(A), substituted "June 30, 2004" for "April 30, 2004" in introductory provisions.
Pub. L. 108–202, §9(a)(1)(A), substituted "April 30, 2004" for "February 29, 2004" in introductory provisions.
Subsec. (m)(1)(A). Pub. L. 108–280, §7(a)(1)(B), substituted ", except for fiscal year 2004 during which $1,206,506,000 will be available" for ", except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $999,489,679 will be available".
Pub. L. 108–263, §7(a)(1)(A), (B), substituted "July 31, 2004" for "June 30, 2004" and "$999,489,679" for "$899,540,711".
Pub. L. 108–224, §7(a)(1)(B), substituted "June 30, 2004, during which $899,540,711 will be available" for "April 30, 2004, during which $699,642,775 will be available".
Pub. L. 108–202, §9(a)(1)(B), inserted ", except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $699,642,775 will be available" after "modernization".
Subsec. (m)(1)(B). Pub. L. 108–280, §7(a)(1)(C), substituted ", except for fiscal year 2004 during which $1,323,794,000 will be available" for ", except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $1,096,653,013 will be available".
Pub. L. 108–263, §7(a)(1)(A), (C), substituted "July 31, 2004" for "June 30, 2004" and "$1,096,653,013" for "$986,987,712".
Pub. L. 108–224, §7(a)(1)(C), substituted "June 30, 2004, during which $986,987,712 will be available" for "April 30, 2004, during which $767,657,109 will be available".
Pub. L. 108–202, §9(a)(1)(C), inserted ", except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $767,657,109 will be available" before the semicolon.
Subsec. (m)(1)(C). Pub. L. 108–280, §7(a)(1)(D), substituted ", except for fiscal year 2004 during which $607,200,000 will be available" for ", except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $503,014,600 will be available".
Pub. L. 108–263, §7(a)(1)(A), (D), substituted "July 31, 2004" for "June 30, 2004" and "$503,014,600" for "$452,713,140".
Pub. L. 108–224, §7(a)(1)(D), which directed the amendment of subpar. (C) without providing closing quotation marks designating the provisions to be inserted, was executed by substituting "2003, and ending on June 30, 2004, during which $452,713,140 will be available" for "2003 and ending on April 30, 2004, during which $352,110,220 will be available", to reflect the probable intent of Congress.
Pub. L. 108–202, §9(a)(1)(D), inserted ", except for the period beginning on October 1, 2003 and ending on April 30, 2004, during which $352,110,220 will be available" after "facilities".
Subsec. (m)(2)(B)(i). Pub. L. 108–280, §7(a)(2)(A), substituted "2004" for "2003".
Subsec. (m)(2)(B)(iii). Pub. L. 108–310, §8(a)(2), added cl. (iii).
Pub. L. 108–280, §7(a)(2)(B), struck out heading and text of cl. (iii). Text read as follows: "Of the amounts made available under paragraph (1)(B), $8,615,533 shall be available for the period beginning on October 1, 2003, and ending on July 31, 2004, for capital projects described in clause (i)."
Pub. L. 108–263, §7(a)(2), inserted cl. (iii) and struck out heading and text of former cl. (iii). Prior to amendment, text read as follows: "Of the amounts made available under paragraph (1)(B), $7,753,980 shall be available for the period beginning on October 1, 2003, and ending on June 30, 2004, for capital projects described in clause (i)."
Pub. L. 108–224, §7(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: "Of the amounts made available under paragraph (1)(B), $6,066,667 shall be available for the period beginning on October 1, 2003, and ending on April 30, 2004, for capital projects described in clause (i)."
Pub. L. 108–202, §9(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: "Of the amounts made available under paragraph (1)(B), $4,333,333 shall be available for the period of October 1, 2003, through February 29, 2004, for capital projects described in clause (i)."
Subsec. (m)(3)(B). Pub. L. 108–310, §8(a)(3), inserted "(and $2,000,000 shall be available for the period October 1, 2004, through May 31, 2005)" after "2004".
Pub. L. 108–280, §7(a)(3), substituted "2004" for "2003 (and $2,485,250 shall be available for the period October 1, 2003, through July 31, 2004)".
Pub. L. 108–263, §7(a)(3), substituted "$2,485,250" for "$2,236,725" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(a)(3), substituted "$2,236,725" for "$1,750,000" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(a)(3), substituted "$1,750,000" for "$1,250,000" and "April 30, 2004" for "February 29, 2004".
Subsec. (m)(3)(C). Pub. L. 108–310, §8(a)(4), inserted ", and $33,333,333 shall be available for the period October 1, 2004, through May 31, 2005," after "2004)".
Pub. L. 108–280, §7(a)(4), substituted "1999 through 2004" for "1999 through 2003", "$50,000,000" for "$41,420,833", and "fiscal year 2004" for "the period October 1, 2003, through July 31, 2004".
Pub. L. 108–263, §7(a)(4), substituted "$41,420,833" for "$37,278,750" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(a)(4), substituted "$37,278,750" for "$28,994,583" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(a)(4), substituted "$28,994,583 shall be transferred to and administered under section 5309 for buses and bus facilities" for "$20,833,334 shall be available" and "April 30, 2004" for "February 29, 2004".
Subsec. (o)(3). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in introductory provisions.
2003—Subsec. (m)(1). Pub. L. 108–88, §8(a)(1), inserted "and for the period of October 1, 2003, through February 29, 2004" after "2003".
Subsec. (m)(2)(B). Pub. L. 108–88, §8(a)(2), added cl. (iii).
Subsec. (m)(3)(B). Pub. L. 108–88, §8(a)(3), inserted "(and $1,250,000 shall be available for the period October 1, 2003, through February 29, 2004)" after "2003".
Subsec. (m)(3)(C). Pub. L. 108–88, §8(a)(4), inserted "(and $20,833,334 shall be available for the period October 1, 2003, through February 29, 2004)" after "2003".
2000—Subsec. (g)(4). Pub. L. 106–346 designated existing provisions as subpar. (A) and added subpars. (B) to (G).
Subsec. (g)(4)(D)(2). Pub. L. 106–554 struck out "light" before "rail extension".
1999—Subsec. (g)(1)(B). Pub. L. 106–69 inserted "and the House and Senate Committees on Appropriations" after "Committee on Banking, Housing, and Urban Affairs of the Senate".
1998—Pub. L. 105–178, §3009(a), substituted "Capital investment" for "Discretionary" in section catchline.
Subsec. (a)(1)(E) to (H). Pub. L. 105–178, §3009(c), added subpars. (E) and (F), redesignated former subpars. (F) and (G) as (G) and (H), respectively, and struck out former subpar. (E) which read as follows: "transportation projects that enhance urban economic development or incorporate private investment, including commercial and residential development, because the projects—
"(i) enhance the effectiveness of a mass transportation project and are related physically or functionally to that mass transportation project; or
"(ii) establish new or enhanced coordination between mass transportation and other transportation;".
Subsec. (c). Pub. L. 105–178, §3009(d), amended subsec. (c) generally, substituting "[Reserved.]" for former heading and text which read as follows:
"(c)
"(1) owned by a rail carrier subject to reorganization under title 11; and
"(2) used to provide commuter rail transportation."
Subsec. (e). Pub. L. 105–178, §3009(k)(1), as added by Pub. L. 105–206, §9009(g), in par. (3)(C), substituted "suburban sprawl" for "urban sprawl", and in par. (6), substituted "or 'not recommended', based" for "or not 'recommended', based" in second sentence and inserted "of the" before "criteria established" in last sentence.
Pub. L. 105–178, §3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, subsec. (e) related to, in par. (1), applicability of subsection to projects, in par. (2), approval of grants or loans for capital projects, in par. (3), criteria for making approval decisions, in par. (4), issuance of guidelines on evaluation of alternatives, project justification, and degree of local financial commitment, in par. (5), advancement of project from alternatives analysis to preliminary engineering, in par. (6), exemptions from requirements of subsection, and in par. (7), requirement of full financing agreement.
Subsec. (f). Pub. L. 105–178, §3009(h)(1), amended subsec. (f) generally, substituting "[Reserved.]" for former heading and text which read as follows:
"(f)
"(2) Eligible costs for a project under subsection (a)(5) of this section—
"(A) include property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; but
"(B) do not include construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation."
Subsec. (g). Pub. L. 105–178, §3009(f)(1), substituted "Funding" for "Financing" in heading.
Subsec. (g)(1)(B). Pub. L. 105–178, §3009(f)(3), substituted "At least 60 days" for "At least 30 days" and "letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project" for "issuance of the letter" and inserted "or entering into a full funding grant agreement" after "subparagraph (A) of this paragraph".
Subsec. (g)(2)(A), (B), (3)(A)(i). Pub. L. 105–178, §3009(f)(2), substituted "full funding" for "full financing".
Subsec. (g)(4). Pub. L. 105–178, §3009(k)(2), as added by Pub. L. 105–206, §9009(g), substituted "5338(b) of this title for new fixed guideway systems and extensions to existing fixed guideway systems and the amount appropriated under section 5338(h)(5) or an amount equivalent to the last 2 fiscal years of funding authorized under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems" for "5338(a) of this title to carry out this section or an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003".
Pub. L. 105–178, §3009(f)(2), (4), substituted "full funding" for "full financing" before "grant agreements" in two places and "an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003" for "50 percent of the uncommitted cash balance remaining in the Mass Transit Account of the Highway Trust Fund (including amounts received from taxes and interest earned that are more than amounts previously obligated)".
Subsec. (m). Pub. L. 105–178, §3009(k)(3), as added by Pub. L. 105–206, §9009(g), substituted "5338(b)" for "5338" in introductory provisions of par. (1), added par. (2) and struck out former par. (2) relating to limitation on amounts available for activities other than final design and construction, redesignated par. (4) as (3)(C), added pars. (3)(D) and (4), and struck out par. (5) relating to funding for ferry boat systems.
Pub. L. 105–178, §3009(g), reenacted heading without change and amended text of subsec. (m) generally, substituting provisions allocating amounts for fiscal years 1998 to 2003 for provisions allocating amounts for each fiscal year ending Sept. 30 from 1993 to 1997 and for period of Oct. 1, 1997 to Mar. 31, 1998.
Subsec. (n)(2). Pub. L. 105–178, §3009(h)(3)(D), as added by Pub. L. 105–206, §9009(h)(3), substituted "in a manner satisfactory" for "in a way satisfactory".
Subsec. (o). Pub. L. 105–178, §3009(i), added subsec. (o) relating to reports.
Subsec. (p). Pub. L. 105–178, §3009(j), added subsec. (p).
1997—Subsec. (m)(1). Pub. L. 102–240, §3049(a), as added by Pub. L. 105–130, inserted ", and for the period of October 1, 1997, through March 31, 1998" after "1997".
1996—Subsec. (a). Pub. L. 104–287, §5(12)(A), designated existing provisions as par. (1), redesignated former pars. (1) to (7) as subpars. (A) to (G) of par. (1), respectively, and former subpars. (A) and (B) of par. (5) as subcls. (i) and (ii) of subpar. (E), respectively, and added par. (2).
Subsec. (e)(4)(B). Pub. L. 104–287, §5(12)(B), substituted "paragraph (2)" for "paragraph (1)(B)".
Subsec. (g)(1)(B). Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Subsec. (m)(1)(A). Pub. L. 104–287, §5(12)(C), inserted "rail" before "fixed guideway modernization".
Subsec. (m)(3). Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by section 20008(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113003 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by section 5(12) of Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Pub. L. 114–94, div. A, title III, §3005(b), Dec. 4, 2015, 129 Stat. 1454, provided that:
"(1)
"(A)
"(B)
"(C)
"(i) means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent; and
"(ii) may include project elements designed to aid the existing fixed guideway system in making substantial progress towards achieving a state of good repair.
"(D)
"(i) including—
"(I) defined stations;
"(II) traffic signal priority for public transportation vehicles;
"(III) short headway bidirectional services for a substantial part of weekdays; and
"(IV) any other features the Secretary may determine support a long-term corridor investment; and
"(ii) the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.
"(E)
"(F)
"(i) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;
"(ii) that represents a substantial investment in a single route in a defined corridor or subarea; and
"(iii) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
"(I) defined stations;
"(II) traffic signal priority for public transportation vehicles;
"(III) short headway bidirectional services for a substantial part of weekdays and weekend days; and
"(IV) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
"(G)
"(i) a fixed guideway capital project that is a minimum operable segment or extension to an existing fixed guideway system; or
"(ii) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system.
"(H)
"(I)
"(i) the Federal assistance provided or to be provided under this subsection is less than $75,000,000; and
"(ii) the total estimated net capital cost is less than $300,000,000.
"(2)
"(A) new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for projects in the advanced stages of planning and design; and
"(B) core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by not less than 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.
"(3)
"(A)
"(i) the eligible project is part of an approved transportation plan required under sections 5303 and 5304 of title 49, United States Code;
"(ii) the applicant has, or will have—
"(I) the legal, financial, and technical capacity to carry out the eligible project, including the safety and security aspects of the eligible project;
"(II) satisfactory continuing control over the use of the equipment or facilities;
"(III) the technical and financial capacity to maintain new and existing equipment and facilities; and
"(IV) advisors providing guidance to the applicant on the terms and structure of the project that are independent from investors in the project;
"(iii) the eligible project is supported, or will be supported, in part, through a public-private partnership, provided such support is determined by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;
"(iv) the eligible project is justified based on findings presented by the project sponsor to the Secretary, including—
"(I) mobility improvements attributable to the project;
"(II) environmental benefits associated with the project;
"(III) congestion relief associated with the project;
"(IV) economic development effects derived as a result of the project; and
"(V) estimated ridership projections;
"(v) the eligible project is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources); and
"(vi) the eligible project will be operated and maintained by employees of an existing provider of fixed guideway or bus rapid transit public transportation in the service area of the project, or if none exists, by employees of an existing public transportation provider in the service area.
"(B)
"(C)
"(i) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and
"(ii) the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.
"(D)
"(i)
"(I) each proposed source of capital and operating financing is stable, reliable, and available within the proposed eligible project timetable; and
"(II) resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary, without degradation to the existing level of public transportation services.
"(ii)
"(I) the reliability of the forecasting methods used to estimate costs and revenues made by the applicant and the contractors to the applicant;
"(II) existing grant commitments;
"(III) the degree to which financing sources are dedicated to the proposed eligible project;
"(IV) any debt obligation that exists or is proposed by the applicant, for the proposed eligible project or other public transportation purpose; and
"(V) private contributions to the eligible project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.
"(E)
"(4)
"(A) identification of an eligible project;
"(B) a schedule and finance plan for the construction and operation of the eligible project;
"(C) an analysis of the efficiencies of the proposed eligible project development and delivery methods and innovative financing arrangement for the eligible project, including any documents related to the—
"(i) public-private partnership required under paragraph (3)(A)(iii); and
"(ii) project justification required under paragraph (3)(A)(iv); and
"(D) a certification that the existing public transportation system of the applicant or, in the event that the applicant does not operate a public transportation system, the public transportation system to which the proposed project will be attached, is in a state of good repair.
"(5)
"(A)
"(i) of approval of the grant request; or
"(ii) if the grant request does not meet the requirements under paragraph (4), of disapproval of the grant request, including a detailed explanation of the reasons for the disapproval.
"(B)
"(6)
"(A) the eligible project meets the definition of a core capacity improvement project; and
"(B) the Secretary certifies that the eligible project will allow the applicant to make substantial progress in achieving a state of good repair.
"(7)
"(8)
"(A)
"(i)
"(ii)
"(B)
"(i)
"(ii)
"(iii)
"(I) establish the terms of participation by the Federal Government in the eligible project;
"(II) establish the maximum amount of Federal financial assistance for the eligible project;
"(III) include the period of time for completing construction of the eligible project, consistent with the terms of the public-private partnership agreement, even if that period extends beyond the period of an authorization; and
"(IV) make timely and efficient management of the eligible project easier according to the law of the United States.
"(iv)
"(I)
"(II)
"(III)
"(IV)
"(v)
"(I)
"(II)
"(C)
"(i)
"(ii)
"(D)
"(i)
"(ii)
"(9)
"(A)
"(B)
"(C)
"(D)
"(E)
"(F)
"(10)
"(A)
"(B)
"(11)
"(12)
"(A)
"(i) describes and analyzes the impacts of the eligible project on public transportation services and public transportation ridership;
"(ii) describes and analyzes the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods or innovative financing for the eligible project; and
"(iii) identifies reasons for any differences between predicted and actual outcomes for the eligible project.
"(B)
"(13)
"(A) require the privatization of the operation or maintenance of any project for which an applicant seeks funding under this subsection;
"(B) revise the determinations by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;
"(C) alter the requirements for locally developed, coordinated, and implemented transportation plans under sections 5303 and 5304 of title 49, United States Code; or
"(D) alter the eligibilities or priorities for assistance under this subsection or section 5309 of title 49, United States Code."
Pub. L. 113–235, div. K, title I, §167, Dec. 16, 2014, 128 Stat. 2720, provided that: "In developing guidance implementing 49 U.S.C. 5309(i) Program of Interrelated Projects, the Secretary shall consider projects eligible under section 5309(h) Small Starts Projects, including streetcars."
Pub. L. 112–141, div. B, §20008(b), July 6, 2012, 126 Stat. 674, which related to a pilot program for expedited project delivery, was repealed by Pub. L. 114–94, div. A, title III, §3030(a), Dec. 4, 2015, 129 Stat. 1496.
Pub. L. 111–117, div. A, title I, §173, Dec. 16, 2009, 123 Stat. 3066, provided that the rating under former subsec. (d) of this section of the non-New Starts share of the public transportation element of certain interstate multi-modal projects would be based on the percentage of non-New Starts funds in the unified finance plan.
Pub. L. 110–244, title II, §201(p), June 6, 2008, 122 Stat. 1615, required the Secretary of Transportation to analyze the various benefits of transit tunnels.
Pub. L. 109–59, title III, §3011(c), Aug. 10, 2005, 119 Stat. 1588, as amended by Pub. L. 111–147, title IV, §437(b)(1), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111–322, title II, §2307(b)(1), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, §307(b)(1), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, §137(b)(1), Sept. 16, 2011, 125 Stat. 354; Pub. L. 112–102, title III, §307(b)(1), Mar. 30, 2012, 126 Stat. 280; Pub. L. 112–140, title III, §307(b)(1), June 29, 2012, 126 Stat. 401; Pub. L. 112–141, div. G, title III, §113007(b)(1), July 6, 2012, 126 Stat. 987, which provided for the establishment and implementation of a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects, was repealed by Pub. L. 112–141, div. B, §20002(c)(2), July 6, 2012, 126 Stat. 622.
Pub. L. 105–200, title IV, §403(b), July 16, 1998, 112 Stat. 670, required the Secretary of Transportation to submit a report, no later than 2 years after July 16, 1998, on the use of funds made available under section 3037 of Pub. L. 105–178.
Pub. L. 105–178, title III, §3010, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 105–206, title IX, §9009(i), July 22, 1998, 112 Stat. 856, prohibited the consideration of the dollar value of mobility improvements in performing certain duties of the Secretary and required the Comptroller General to study and report on the dollar value of mobility improvements no later than Jan. 1, 2000.
Pub. L. 105–178, title III, §3037, June 9, 1998, 112 Stat. 387, as amended by Pub. L. 105–206, title IX, §9009(w), July 22, 1998, 112 Stat. 862; Pub. L. 108–88, §8(l), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108–202, §9(l), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(l), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(l), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(l), July 30, 2004, 118 Stat. 884; Pub. L. 108–310, §8(l), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109–14, §7(k), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(k), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(k), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(k), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(k), July 28, 2005, 119 Stat. 420, which authorized the Secretary of Transportation to make access to jobs grants and reverse commute grants to assist qualified entities in financing eligible projects, was repealed by Pub. L. 109–59, title III, §3018(c), Aug. 10, 2005, 119 Stat. 1605, effective Oct. 1, 2005.
Pub. L. 91–453, §10, Oct. 15, 1970, 84 Stat. 968, as amended by Pub. L. 102–240, title III, §3003(b), Dec. 18, 1991, 105 Stat. 2088, encouraged industries adversely affected by reductions in Federal Government spending to compete for contracts under former sections 5309 and 5312 of this title.
(a)
(1)
(A) a designated recipient or a State that receives a grant under this section directly; or
(B) a State or local governmental entity that operates a public transportation service.
(2)
(b)
(1)
(A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable;
(B) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(C) public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and
(D) alternatives to public transportation that assist seniors and individuals with disabilities with transportation.
(2)
(A)
(B) Allocation to subrecipients.—A recipient of a grant under paragraph (1)(A) may allocate the amounts provided under the grant to—
(i) a private nonprofit organization; or
(ii) a State or local governmental authority that—
(I) is approved by a State to coordinate services for seniors and individuals with disabilities; or
(II) certifies that there are no private nonprofit organizations readily available in the area to provide the services described in paragraph (1)(A).
(3)
(4)
(5)
(A)
(B)
(i) participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and
(ii) participate in the planning for the transportation services described in clause (i).
(6)
(A)
(B)
(C)
(7)
(c)
(1)
(A)
(i) the number of seniors and individuals with disabilities in each such urbanized area; bears to
(ii) the number of seniors and individuals with disabilities in all such urbanized areas.
(B)
(i) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in each State; bears to
(ii) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in all States.
(C)
(i) the number of seniors and individuals with disabilities in rural areas in each State; bears to
(ii) the number of seniors and individuals with disabilities in rural areas in all States.
(2)
(A)
(i) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census;
(ii) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census; and
(iii) funds apportioned under paragraph (1)(C) shall be used for projects serving rural areas.
(B)
(i) for a project serving an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or
(ii) for a project anywhere in the State, if the State has established a statewide program for meeting the objectives of this section.
(C)
(D)
(d)
(1)
(2)
(3)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
(B) may be derived from amounts appropriated or otherwise made available—
(i) to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; or
(ii) to carry out the Federal lands highways program under section 204 1 of title 23.
(4)
(e)
(1)
(2)
(A)
(i) the projects selected by the recipient are included in a locally developed, coordinated public transit-human services transportation plan;
(ii) the plan described in clause (i) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; and
(iii) to the maximum extent feasible, the services funded under this section will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services.
(B)
(f)
(1)
(2)
(3)
(g)
(1) the recipient in possession of the facility or equipment consents to the transfer; and
(2) the facility or equipment will continue to be used as required under this section.
(h)
(1)
(2)
(A) modifications to the geographic coverage of transportation service, the quality of transportation service, or service times that increase the availability of transportation services for seniors and individuals with disabilities;
(B) ridership;
(C) accessibility improvements; and
(D) other measures, as the Secretary determines is appropriate.
(i)
(1) innovative practices;
(2) program models;
(3) new service delivery options;
(4) findings from activities under subsection (h); and
(5) transit cooperative research program reports.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 807; Pub. L. 105–178, title III, §3013(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(2), 3012(a), Aug. 10, 2005, 119 Stat. 1544, 1589; Pub. L. 112–141, div. B, §20009, July 6, 2012, 126 Stat. 675; Pub. L. 114–94, div. A, title III, §3006(a), Dec. 4, 2015, 129 Stat. 1462.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5310(a) | 49 App.:1612(b) (1st sentence words before cl. (1)), cls. (1) (words before 3d comma), (2) (words before "with such grants"). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(b) (1st sentence); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 967; restated Aug. 13, 1973, Pub. L. 93–87, §301(g), 87 Stat. 295; Dec. 18, 1991, Pub. L. 102–240, §3021(1)– (4), 105 Stat. 2110. |
5310(b) | 49 App.:1612(c)(2), (3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(c); added Dec. 18, 1991, Pub. L. 102–240, §3021(6), 105 Stat. 2110; Oct. 6, 1992, Pub. L. 102–388, §502(k), 106 Stat. 1567. |
5310(c) | 49 App.:1612(c)(1). | |
5310(d) | 49 App.:1612(b) (1st sentence cl. (3)). | |
5310(e) | 49 App.:1612(b) (1st sentence cls. (1) (words after 3d comma), (2) (words after "service under this subsection")). | |
5310(f) | 49 App.:1612(e). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(e); added Jan. 6, 1983, Pub. L. 97–424, §317(c), 96 Stat. 2153; Apr. 2, 1987, Pub. L. 100–17, §327(a)(4), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3021(1), (5), 105 Stat. 2110. |
5310(g) | 49 App.:1612(c)(4). | |
5310(h) | 49 App.:1612(f). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(f); added Apr. 2, 1987, Pub. L. 100–17, §321, 101 Stat. 235; restated Dec. 18, 1991, Pub. L. 102–240, §3021(5), (7), 105 Stat. 2110, 2111. |
5310(i) | 49 App.:1614(g) (related to 1612(b)). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(g) (related to §16(b)); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102–240, §3022, 105 Stat. 2111. |
5310(j) | 49 App.:1604b. | Nov. 26, 1974, Pub. L. 93–503, §108, 88 Stat. 1572. |
In this section, the words "governmental authorities" are substituted for "public bodies" because of section 5302(a) of the revised title.
In subsection (a), before clause (1), the words "In addition to the grants and loans otherwise provided for under this chapter" are omitted as surplus. In clauses (1) and (2), the words "the specific purpose of" are omitted as surplus. In clause (1), the words "or agencies thereof" are omitted as surplus.
In subsection (b), the words "for expenditure", "to the States", and "amounts of a" are omitted as surplus.
In subsection (d), the words "A recipient of amounts under this section" are added for clarity to correct an error in the source provisions. The words "under a contract, lease, or other arrangement" are omitted as surplus.
In subsection (e), the words "terms, conditions . . . and provisions" are omitted as surplus.
In subsection (e)(1), the words "and is deemed" are substituted for "and being considered for the purposes of all other laws" for consistency in the revised title and with other titles of the United States Code.
In subsection (e)(2), the words "insofar as may be appropriate" and "necessary or . . . for purposes of this paragraph" are omitted as surplus.
In subsection (f), the words "any applicable" are omitted as surplus. The words "prescribe regulations establishing" are substituted for "not later than ninety days after January 6, 1983, publish in the Federal Register for public comment, proposed regulations and, not later than one hundred and eighty days after January 6, 1983, promulgate final regulations, establishing" to eliminate unnecessary and executed words. Section 3021(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2110) is applied to 49 App.:1612(e) to carry out the apparent intent of Congress.
In subsection (g), the words "not later than 60 days following December 18, 1991" are omitted as obsolete. The words "and agencies" are omitted as surplus.
In subsection (j), the words "elderly individuals and individuals with disabilities" are substituted for "elderly and handicapped persons" for consistency.
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(1)(B), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Section 204 of title 23, referred to in subsec. (d)(3)(B)(ii), was repealed and a new section 204 was enacted by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473, 489. As enacted by Pub. L. 112–141, section 204 relates to the Federal lands access program.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (h)(1), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
2015—Subsec. (a)(1). Pub. L. 114–94, §3006(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "The term 'recipient' means a designated recipient or a State that receives a grant under this section directly."
Subsec. (i). Pub. L. 114–94, §3006(a)(2), added subsec. (i).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to formula grants for special needs of elderly individuals and individuals with disabilities.
2005—Pub. L. 109–59, §3012(a), amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (j) relating to formula grants and loans for special needs of elderly individuals and individuals with disabilities.
Subsec. (h). Pub. L. 109–59, §3002(b)(2), substituted "Public" for "Mass".
1998—Pub. L. 105–178 substituted "Formula grants" for "Grants" in section catchline.
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Pub. L. 114–94, div. A, title III, §3006(b), Dec. 4, 2015, 129 Stat. 1462, provided that:
"(1)
"(A) the term 'eligible project' has the meaning given the term 'capital project' in section 5302 of title 49, United States Code; and
"(B) the term 'eligible recipient' means a recipient or subrecipient, as those terms are defined in section 5310 of title 49, United States Code.
"(2)
"(A) the deployment of coordination technology;
"(B) projects that create or increase access to community One-Call/One-Click Centers; and
"(C) such other projects as determined appropriate by the Secretary.
"(3)
"(A) a detailed description of the eligible project;
"(B) an identification of all eligible project partners and their specific role in the eligible project, including—
"(i) private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; or
"(ii) nonprofit entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged;
"(C) a description of how the eligible project would—
"(i) improve local coordination or access to coordinated transportation services;
"(ii) reduce duplication of service, if applicable; and
"(iii) provide innovative solutions in the State or community; and
"(D) specific performance measures the eligible project will use to quantify actual outcomes against expected outcomes.
"(4)
"(5)
"(A)
"(B)
"(6)
Pub. L. 109–59, title III, §3012(b), Aug. 10, 2005, 119 Stat. 1591, as amended by Pub. L. 111–147, title IV, §437(c), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111–322, title II, §2307(c), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, §307(c), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, §137(c), Sept. 16, 2011, 125 Stat. 354; Pub. L. 112–102, title III, §307(c), Mar. 30, 2012, 126 Stat. 280; Pub. L. 112–140, title III, §307(c), June 29, 2012, 126 Stat. 401; Pub. L. 112–141, div. G, title III, §113007(c), July 6, 2012, 126 Stat. 987, which established a pilot program for certain States to carry out projects for public transportation of elderly individuals and individuals with disabilities, was repealed by Pub. L. 112–141, div. B, §20002(c)(3), July 6, 2012, 126 Stat. 622.
Pub. L. 105–178, title III, §3038, June 9, 1998, 112 Stat. 392, as amended by Pub. L. 105–206, title IX, §9009(x), July 22, 1998, 112 Stat. 862; Pub. L. 106–346, §101(a) [title III, §336], Oct. 23, 2000, 114 Stat. 1356, 1356A–31; Pub. L. 108–88, §8(m), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(m), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(m), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(m), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(m), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(m), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(l), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(l), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(l), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(l), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(l), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §3039(a), Aug. 10, 2005, 119 Stat. 1638, which provided for grants to over-the-road bus operators to finance costs associated with bus accessibility for persons with disabilities, was repealed by Pub. L. 112–141, div. B, §20002(b), July 6, 2012, 126 Stat. 622.
1 See References in Text note below.
(a)
(1)
(2)
(b)
(1)
(A) planning, provided that a grant under this section for planning activities shall be in addition to funding awarded to a State under section 5305 for planning activities that are directed specifically at the needs of rural areas in the State;
(B) public transportation capital projects;
(C) operating costs of equipment and facilities for use in public transportation;
(D) job access and reverse commute projects; and
(E) the acquisition of public transportation services, including service agreements with private providers of public transportation service.
(2)
(A)
(B)
(C)
(i) the program provides a fair distribution of amounts in the State, including Indian reservations; and
(ii) the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources.
(3)
(A)
(B)
(C)
(4)
(A) total annual revenue;
(B) sources of revenue;
(C) total annual operating costs;
(D) total annual capital costs;
(E) fleet size and type, and related facilities;
(F) vehicle revenue miles; and
(G) ridership.
(c)
(1)
(A) $5,000,000 for each fiscal year shall be distributed on a competitive basis by the Secretary.
(B) $30,000,000 for each fiscal year shall be apportioned as formula grants, as provided in subsection (j).
(2)
(A)
(i) the term "Appalachian region" has the same meaning as in section 14102 of title 40; and
(ii) the term "eligible recipient" means a State that participates in a program established under subtitle IV of title 40.
(B)
(C)
(D)
(i) that use is approved, in writing, by the eligible recipient after appropriate notice and an opportunity for comment and appeal are provided to affected public transportation providers; and
(ii) the eligible recipient, in approving the use of amounts under this subparagraph, determines that the local transit needs are being addressed.
(3)
(A)
(B)
(i)
(ii)
(I)
(II)
(iii)
(C)
(i)
(ii)
(iii)
(iv)
(v)
(I) more than 5 percent of the amount apportioned under clause (ii); or
(II) more than 5 percent of the amount apportioned under clause (iii).
(d)
(e)
(f)
(1)
(A) planning and marketing for intercity bus transportation;
(B) capital grants for intercity bus facilities;
(C) joint-use facilities;
(D) operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects; and
(E) coordinating rural connections between small public transportation operations and intercity bus carriers.
(2)
(g)
(1)
(A)
(B)
(2)
(A)
(B)
(3)
(A) may be provided in cash from non-Government sources;
(B) may be provided from revenues from the sale of advertising and concessions;
(C) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;
(D) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation;
(E) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 1 of title 23; and
(F) in the case of an intercity bus project that includes both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, may be derived from the costs of a private operator for the unsubsidized segment of intercity bus service, including all operating and capital costs of such service whether or not offset by revenue from such service, as an in-kind match for the operating costs of connecting rural intercity bus feeder service funded under subsection (f), if the private operator agrees in writing to the use of the costs of the private operator for the unsubsidized segment of intercity bus service as an in-kind match.
(4)
(5)
(h)
(i)
(1)
(2)
(j)
(1)
(A)
(i) 50 percent of the total amount shall be apportioned so that each Indian tribe providing public transportation service shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of vehicle revenue miles provided by an Indian tribe divided by the total number of vehicle revenue miles provided by all Indian tribes, as reported to the Secretary;
(ii) 25 percent of the total amount shall be apportioned equally among each Indian tribe providing at least 200,000 vehicle revenue miles of public transportation service annually, as reported to the Secretary; and
(iii) 25 percent of the total amount shall be apportioned among each Indian tribe providing public transportation on tribal lands (American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census) on which more than 1,000 low-income individuals reside (as determined by the Bureau of the Census) so that each Indian tribe shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of low-income individuals residing on an Indian tribe's lands divided by the total number of low-income individuals on tribal lands on which more than 1,000 low-income individuals reside.
(B)
(C)
(D)
(E)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 809; Pub. L. 105–178, title III, §3014(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(4), 3013(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1593–1596; Pub. L. 110–244, title II, §201(e), June 6, 2008, 122 Stat. 1610; Pub. L. 111–147, title IV, §434, Mar. 18, 2010, 124 Stat. 89; Pub. L. 111–322, title II, §2304, Dec. 22, 2010, 124 Stat. 3527; Pub. L. 112–5, title III, §304, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, §134, Sept. 16, 2011, 125 Stat. 351; Pub. L. 112–102, title III, §304, Mar. 30, 2012, 126 Stat. 277; Pub. L. 112–140, title III, §304, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, §20010, div. G, title III, §113004, July 6, 2012, 126 Stat. 680, 985; Pub. L. 113–159, title I, §1201, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, §1201, May 29, 2015, 129 Stat. 222; Pub. L. 114–41, title I, §1201, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, §1201, Oct. 29, 2015, 129 Stat. 572; Pub. L. 114–87, title I, §1201, Nov. 20, 2015, 129 Stat. 681; Pub. L. 114–94, div. A, title III, §3007, Dec. 4, 2015, 129 Stat. 1464.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5311(a) | 49 App.:1614(c) (3d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(b), (c) (2d, 3d sentences), (d), (e) (1st–4th sentences), (f); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749, 2750. |
5311(b)(1) | 49 App.:1614(b) (1st sentence 18th–last words, 2d, last sentences), (c) (2d sentence words between 1st and 2d commas). | |
5311(b)(2) | 49 App.:1614(h). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(h); added Apr. 2, 1987, Pub. L. 100–17, §323, 101 Stat. 235. |
5311(c) | 49 App.:1614(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2748; Jan. 6, 1983, Pub. L. 97–424, §316(a), 96 Stat. 2153. |
49 App.:1614(a) (2d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(a) (2d sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2748; Dec. 18, 1991, Pub. L. 102–240, §3024, 105 Stat. 2112. | |
49 App.:1614(c) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749; Jan. 6, 1983, Pub. L. 97–424, §316(b), 96 Stat. 2153. | |
5311(d) | 49 App.:1614(b) (1st sentence 1st–17th words), (c) (2d sentence words before 1st and after 2d commas). | |
5311(e)(1) | 49 App.:1614(d). | |
5311(e)(2) | 49 App.:1614(c) (4th sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(c) (4th sentence); added Apr. 2, 1987, Pub. L. 100–17, §322, 101 Stat. 235. |
5311(f) | 49 App.:1614(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(i); added Dec. 18, 1991, Pub. L. 102–240, §3023, 105 Stat. 2111. |
5311(g)(1) | 49 App.:1614(e) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(e) (last sentence); added Dec. 19, 1985, Pub. L. 99–190, §326, 99 Stat. 1289. |
5311(g)(2) | 49 App.:1614(e) (1st–4th sentences). | |
5311(h) | 49 App.:1614(c) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(c) (last sentence); added Oct. 6, 1992, Pub. L. 102–388, §502(l), 106 Stat. 1567. |
5311(i) | 49 App.:1614(g) (related to this section). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(g) (related to this section); added Nov. 6, 1978, Pub. L. 95–599, §313(a), 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102–240, §3022, 105 Stat. 2111. |
5311(j) | 49 App.:1614(f). |
In subsection (a), the words "Eligible" and "and agencies thereof" are omitted as surplus.
In subsection (b)(1), the words "The Secretary of Transportation may make grants" are added for clarity and consistency in this chapter. The word "equitable" is omitted as being included in "fair".
In subsection (b)(2), the words "establish and" are omitted as executed. The word "direct" is omitted as surplus.
In subsection (c), the words "for expenditure in each fiscal year" are omitted as surplus. The words "so that" are substituted for "Such sums shall be made available for expenditure for public transportation projects in areas other than urbanized areas on the basis of a formula under which" to eliminate unnecessary words. The words "will be entitled to" and "as designated by the Bureau of the Census" are omitted as surplus. The words "United States" are substituted for "all the States" for consistency in the revised title and with other titles of the Code. The words "available", "a period of", and "the close of" are omitted as surplus.
In subsection (d), the words "included in a program under subsection (b) of this section" are substituted for 49 App.:1614(b) (1st–17th words) and "which are appropriate for areas other than urbanized areas" to eliminate unnecessary words. The words "for assistance" are added for clarity.
In subsection (e)(1), the words "of funds under this section. Such technical assistance" and "(public and private)" are omitted as surplus.
In subsections (e)(2) and (g)(2), the word "grant" is substituted for "share" for consistency in this chapter.
In subsection (f), the text of 49 App.:1614(i)(3) is omitted as obsolete.
In subsection (f)(1), before clause (A), the words "Subject to paragraph (2)" are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (g)(2), the words "under this chapter", "as defined by the Secretary", "Any public or private", "solely", and "available in" are omitted as surplus.
Subsection (h) is substituted for 49 App.:1614(c) (last sentence) for clarity and consistency in this chapter and to eliminate unnecessary words.
In subsection (j)(1), the text of 49 App.:1614(f) (1st sentence) is omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words "in carrying out projects" are omitted as surplus.
Section 204 of title 23, referred to in subsec. (g)(3)(E), was repealed and a new section 204 was enacted by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473, 489. As enacted by Pub. L. 112–141, section 204 relates to the Federal lands access program.
2015—Subsec. (b)(3)(B). Pub. L. 114–94, §3007(b)(1), substituted "5338(a)(2)(F)" for "5338(a)(2)(E)".
Subsec. (c)(1). Pub. L. 114–94, §3007(b)(2)(A), substituted "5338(a)(2)(F)" for "5338(a)(2)(E)" in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 114–94, §3007(a)(1), added subpar. (A) and struck out former subpar. (A), which read as follows: "$5,000,000 for each fiscal year ending before October 1, 2015, and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be distributed on a competitive basis by the Secretary."
Pub. L. 114–87, §1201(1), substituted "and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1201(1), substituted "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1201(1), substituted "for each fiscal year ending before October 1, 2015, and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "for each fiscal year ending before October 1, 2014, and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1201(1), substituted "and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (c)(1)(B). Pub. L. 114–94, §3007(a)(1), added subpar. (B) and struck out former subpar. (B), which read as follows: "$25,000,000 for each fiscal year ending before October 1, 2015, and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be apportioned as formula grants, as provided in subsection (j)."
Pub. L. 114–87, §1201(2), substituted "and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1201(2), substituted "and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1201(2), substituted "for each fiscal year ending before October 1, 2015, and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "for each fiscal year ending before October 1, 2014, and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1201(2), substituted "and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (c)(2)(C). Pub. L. 114–94, §3007(b)(2)(B), substituted "5338(a)(2)(F)" for "5338(a)(2)(E)".
Subsec. (c)(3)(A). Pub. L. 114–94, §3007(b)(2)(C), substituted "5338(a)(2)(F)" for "5338(a)(2)(E)".
Subsec. (g)(3). Pub. L. 114–94, §3007(a)(2), added subpars. (A) and (B), redesignated former subpars. (A) to (D) as (C) to (F), respectively, and in subpar. (F), inserted ", including all operating and capital costs of such service whether or not offset by revenue from such service," after "the costs of a private operator for the unsubsidized segment of intercity bus service".
Subsec. (j)(1)(A)(iii). Pub. L. 114–94, §3007(a)(3)(A), substituted "(American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census)" for "(as defined by the Bureau of the Census)".
Subsec. (j)(1)(E). Pub. L. 114–94, §3007(a)(3)(B), added subpar. (E).
2014—Subsec. (c)(1)(A). Pub. L. 113–159, §1201(1), inserted "for each fiscal year ending before October 1, 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be distributed".
Subsec. (c)(1)(B). Pub. L. 113–159, §1201(2), inserted "for each fiscal year ending before October 1, 2014, and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be apportioned".
2012—Pub. L. 112–141, §20010, amended section generally. Prior to amendment, section related to formula grants for other than urbanized areas.
Subsec. (c)(1)(G). Pub. L. 112–141, §113004, amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: "$11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 304, temporarily amended subpar. (G) generally, apportioning $11,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: "$7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012."
2011—Subsec. (c)(1)(F). Pub. L. 112–5 amended subpar. (F) generally. Prior to amendment, text read as follows: "$6,369,000 for the period beginning October 1, 2010 and ending March 4, 2011."
Subsec. (c)(1)(G). Pub. L. 112–30 added subpar. (G).
2010—Subsec. (c)(1)(E). Pub. L. 111–147 added subpar. (E).
Subsec. (c)(1)(F). Pub. L. 111–322 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "$3,750,000 for the period beginning October 1, 2010, and ending December 31, 2010."
Pub. L. 111–147 added subpar. (F).
2008—Subsec. (g)(1)(A). Pub. L. 110–244, §201(e)(1), (2), substituted "for a capital project or project administrative expenses" for "for any purpose other than operating assistance" and struck out "capital" after "net".
Subsec. (g)(1)(B). Pub. L. 110–244, §201(e)(2), struck out "capital" after "net".
Subsec. (i)(1). Pub. L. 110–244, §201(e)(3), substituted "Section 5333(b) applies" for "Sections 5323(a)(1)(D) and 5333(b) of this title apply".
2005—Subsec. (a). Pub. L. 109–59, §3013(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "In this section, 'recipient' includes a State authority, a local governmental authority, a nonprofit organization, and an operator of mass transportation service."
Subsec. (b). Pub. L. 109–59, §3013(b), reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text read as follows:
"(1) The Secretary of Transportation may make grants for transportation projects that are included in a State program of mass transportation service projects (including service agreements with private providers of mass transportation service) for areas other than urbanized areas. The program shall be submitted annually to the Secretary. The Secretary may approve the program only if the Secretary finds that the program provides a fair distribution of amounts in the State, including Indian reservations, and the maximum feasible coordination of mass transportation service assisted under this section with transportation service assisted by other United States Government sources.
"(2) The Secretary of Transportation shall carry out a rural transportation assistance program in nonurbanized areas. In carrying out this paragraph, the Secretary may make grants and contracts for transportation research, technical assistance, training, and related support services in nonurbanized areas."
Subsec. (c). Pub. L. 109–59, §3013(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: "The Secretary of Transportation shall apportion amounts made available under section 5338(a) of this title so that the chief executive officer of each State receives an amount equal to the total amount apportioned multiplied by a ratio equal to the population of areas other than urbanized areas in a State divided by the population of all areas other than urbanized areas in the United States, as shown by the most recent of the following: the latest Government census, the population estimate the Secretary of Commerce prepares after the 4th year after the date the latest census is published, or the population estimate the Secretary of Commerce prepares after the 8th year after the date the latest census is published. The amount may be obligated by the chief executive officer for 2 years after the fiscal year in which the amount is apportioned. An amount that is not obligated at the end of that period shall be reapportioned among the States for the next fiscal year."
Subsec. (e). Pub. L. 109–59, §3013(d), inserted ", Planning," after "Administration" in heading and in text struck out "(1)" before "The Secretary", substituted "subrecipient" for "recipient", and struck out par. (2) which read as follows: "Except as provided in this section, a State carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses."
Subsec. (e)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places.
Subsec. (f)(1). Pub. L. 109–59, §3013(e)(1), inserted heading, struck out "after September 30, 1993," after "in each fiscal year" in introductory provisions and realigned margins of subpars. (A) to (D).
Subsec. (f)(1)(E). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (f)(2). Pub. L. 109–59, §3013(e)(2), inserted heading and substituted "Secretary, after consultation with affected intercity bus service providers," for "Secretary of Transportation".
Subsec. (g). Pub. L. 109–59, §3013(f), substituted "Government" for "Government's" in heading and amended text generally. Prior to amendment, text read as follows:
"(1) In this subsection, 'amounts of the Government or revenues' do not include amounts received under a service agreement with a State or local social service agency or a private social service organization.
"(2) A grant of the Government for a capital project under this section may not be more than 80 percent of the net cost of the project, as determined by the Secretary of Transportation. A grant to pay a subsidy for operating expenses may not be more than 50 percent of the net cost of the operating expense project. At least 50 percent of the remainder shall be provided in cash from sources other than amounts of the Government or revenues from providing mass transportation. Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital."
Subsec. (h). Pub. L. 109–59, §3013(g), redesignated subsec. (i) as (h) and struck out heading and text of former subsec. (h). Text read as follows: "An amount made available under this section may be used for operating assistance."
Subsec. (i). Pub. L. 109–59, §3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(1). Pub. L. 109–59, §3013(h), which directed amendment of subsec. (j)(1) by substituting "if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees" for "but the Secretary of Labor may waive the application of section 5333(b)", was executed by making the substitution in subsec. (i)(1) to reflect the probable intent of Congress and the redesignation of subsec. (j) as (i) by Pub. L. 109–59, §3013(g)(2). See above.
Subsec. (j). Pub. L. 109–59, §3013(g)(2), redesignated subsec. (j) as (i).
1998—Pub. L. 105–178, §3014(a)(1), substituted "Formula grants" for "Financial assistance" in section catchline.
Subsec. (f)(1). Pub. L. 105–178, §3014(a)(2), struck out "10 percent of the amount made available in the fiscal year ending September 30, 1993, and" before "15 percent of the amount" in introductory provisions.
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by section 20010 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out a note under section 101 of Title 23, Highways.
Amendment by section 113004 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
1 See References in Text note below.
(a)
(b)
(1)
(2)
(A) departments, agencies, and instrumentalities of the Government, including Federal laboratories;
(B) State and local governmental entities;
(C) providers of public transportation;
(D) private or non-profit organizations;
(E) institutions of higher education; and
(F) technical and community colleges.
(3)
(A)
(B)
(i) a statement of purpose detailing the need being addressed;
(ii) the short- and long-term goals of the project, including opportunities for future innovation and development, the potential for deployment, and benefits to riders and public transportation; and
(iii) the short- and long-term funding requirements to complete the project and any future objectives of the project.
(c)
(1)
(2)
(A) providing more effective and efficient public transportation service, including services to—
(i) seniors;
(ii) individuals with disabilities; and
(iii) low-income individuals;
(B) mobility management and improvements and travel management systems;
(C) data and communication system advancements;
(D) system capacity, including—
(i) train control;
(ii) capacity improvements; and
(iii) performance management;
(E) capital and operating efficiencies;
(F) planning and forecasting modeling and simulation;
(G) advanced vehicle design;
(H) advancements in vehicle technology;
(I) asset maintenance and repair systems advancement;
(J) construction and project management;
(K) alternative fuels;
(L) the environment and energy efficiency;
(M) safety improvements; or
(N) any other area that the Secretary determines is important to advance the interests of public transportation.
(d)
(1)
(2)
(A) the development of public transportation research projects that received assistance under subsection (c) that the Secretary determines were successful;
(B) planning and forecasting modeling and simulation;
(C) capital and operating efficiencies;
(D) advanced vehicle design;
(E) advancements in vehicle technology;
(F) the environment and energy efficiency;
(G) system capacity, including train control and capacity improvements; or
(H) any other area that the Secretary determines is important to advance the interests of public transportation.
(e)
(1)
(2)
(A) an entity described in subsection (b)(2); or
(B) a consortium of entities described in subsection (b)(2), including a provider of public transportation, that will share the costs, risks, and rewards of early deployment and demonstration of innovation.
(3)
(A) the deployment of research and technology development resulting from private efforts or Federally funded efforts;
(B) the implementation of research and technology development to advance the interests of public transportation; or
(C) the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology.
(4)
(5)
(6)
(A) the term "direct carbon emissions" means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;
(B) the term "low or no emission vehicle" means—
(i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or
(ii) a zero emission vehicle used to provide public transportation; and
(C) the term "zero emission vehicle" means a low or no emission vehicle that produces no carbon or particulate matter.
(g) 1
(1) a description of each project that received assistance under this section during the preceding fiscal year; and
(2) an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year.
(g) 1
(1)
(2)
(3)
(h)
(1)
(A) the term "covered institution of higher education" means an institution of higher education with which the Secretary enters into a contract or cooperative agreement, or to which the Secretary makes a grant, under paragraph (2)(B) to operate a facility selected under paragraph (2)(A);
(B) the terms "direct carbon emissions" and "low or no emission vehicle" have the meanings given those terms in subsection (e)(6);
(C) the term "institution of higher education" has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and
(D) the term "low or no emission vehicle component" means an item that is separately installed in and removable from a low or no emission vehicle.
(2)
(A)
(B)
(i)
(ii)
(I) capacity to carry out transportation-related advanced component and vehicle evaluation;
(II) laboratories capable of testing and evaluation; and
(III) direct access to or a partnership with a testing facility capable of emulating real-world circumstances in order to test low or no emission vehicle components installed on the intended vehicle.
(C)
(D)
(i) the Secretary shall pay 50 percent of the cost of assessing a low or no emission vehicle component at the applicable facility selected under subparagraph (A) from amounts made available to carry out this section; and
(ii) the remaining 50 percent of such cost shall be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C).
(E)
(F)
(G)
(3)
(4)
(5)
(A) a low or no emission vehicle component to be tested at a facility selected under paragraph (2)(A); or
(B) the development or disclosure of a privately funded component assessment.
(i)
(1)
(2)
(A)
(B)
(3)
(4)
(5)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 811; Pub. L. 105–178, title III, §3015(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(4), 3014(a)–(e)(1), Aug. 10, 2005, 119 Stat. 1545, 1596, 1597; Pub. L. 110–244, title II, §201(f), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, §20011, July 6, 2012, 126 Stat. 686; Pub. L. 114–94, div. A, title III, §3008(a), (b), Dec. 4, 2015, 129 Stat. 1465, 1468.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5312(a) | 49 App.:1605(a). | July 9, 1964, Pub. L. 88–365, §6(a), 78 Stat. 305; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §13(b), 84 Stat. 969. |
49 App.:1605(d). | July 9, 1964, Pub. L. 88–365, §6(d), 78 Stat. 305; Sept. 8, 1966, Pub. L. 89–562, §3, 80 Stat. 717; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. | |
5312(b)(1) | 49 App.:1607c(a) (1st, 2d sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §11(a); added Sept. 8, 1966, Pub. L. 89–562, §2(a)(2), 80 Stat. 716. |
5312(b)(2) | 49 App.:1607c(a) (3d sentence). | |
5312(b)(3) | 49 App.:1607c(a) (last sentence). | |
5312(c)(1) | 49 App.:1607b (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §10; added Sept. 8, 1966, Pub. L. 89–562, §2(a)(2), 80 Stat. 716; restated Nov. 6, 1978, Pub. L. 95–599, §306, 92 Stat. 2744. |
5312(c)(2) | 49 App.:1603(c) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2739; Apr. 2, 1987, Pub. L. 100–17, §320, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102–240, §3006(h)(1), 105 Stat. 2090. |
5312(c)(3) | 49 App.:1607b (2d–last sentences). |
In subsections (a) and (b)(1), the words "(or the Secretary of Housing and Urban Development when required by section 5334(i) of this title)" are added for clarity.
In subsection (a), the word "working" is omitted as surplus. The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "other Federal departments and agencies" for consistency in the revised title and with other titles of the United States Code. The words "all phases of", "(including the development, testing, and demonstration of new facilities, equipment, techniques, and methods)", "In carrying out the provisions of this section", "or data as he deems", "public or private", and "contained . . . section 1701d–3 of title 12 or . . . other provision of" are omitted as surplus.
In subsection (b)(1), before clause (A), the words "public and private", "assist in establishing or carrying on comprehensive research in the problems of transportation in urban areas. Such grants shall be used to", and "and qualified" are omitted as surplus. In clause (A), the words "or both" are omitted as surplus.
In subsection (b)(3), the word "appropriate" is added for clarity.
In subsection (c)(1), the words "and agencies thereof" are omitted as surplus.
In subsection (c)(3), before clause (A), the words "public or private training" and "the sum of" are omitted as surplus. In clause (B), the words "in connection with the fellowship" are omitted as surplus.
The date of enactment of the Federal Public Transportation Act of 2015, referred to in subsec. (h)(3), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
2015—Pub. L. 114–94, §3008(a)(1), substituted "Public transportation innovation" for "Research, development, demonstration, and deployment projects" in section catchline.
Subsecs. (a), (b). Pub. L. 114–94, §3008(a)(2), (3), added subsec. (a) and redesignated former subsec. (a) as (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 114–94, §3008(a)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(1). Pub. L. 114–94, §3008(b)(1), substituted "subsection (b)(2)" for "subsection (a)(2)".
Subsec. (d). Pub. L. 114–94, §3008(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 114–94, §3008(b)(2)(A), substituted "subsection (b)(2)" for "subsection (a)(2)".
Subsec. (d)(2)(A). Pub. L. 114–94, §3008(b)(2)(B), substituted "subsection (c)" for "subsection (b)".
Subsec. (e). Pub. L. 114–94, §3008(a)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(2). Pub. L. 114–94, §3008(b)(3), substituted "subsection (b)(2)" for "subsection (a)(2)" in subpars. (A) and (B).
Subsec. (e)(3). Pub. L. 114–94, §3008(a)(4)(A)(i), inserted "demonstration, deployment, or evaluation" before "project that" in introductory provisions.
Subsec. (e)(3)(C). Pub. L. 114–94, §3008(a)(4)(A)(ii)–(iv), added subpar. (C).
Subsec. (e)(5), (6). Pub. L. 114–94, §3008(a)(4)(B), added pars. (5) and (6) and struck out former par. (5), which related to low or no emission vehicle deployment.
Subsec. (f). Pub. L. 114–94, §3008(a)(6)(A), redesignated subsec. (f) relating to annual report on research as (g).
Pub. L. 114–94, §3008(a)(2), redesignated subsec. (e) relating to annual report on research as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 114–94, §3008(a)(6)(A), redesignated subsec. (f) relating to annual report on research as (g), inserted heading and introductory provisions, and struck out former heading and introductory provisions. Prior to amendment, text read as follows: "Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report that includes—".
Pub. L. 114–94, §3008(a)(2), redesignated subsec. (f) relating to government share of costs as (g).
Subsec. (g)(1). Pub. L. 114–94, §3008(a)(6)(B), struck out "and" at end.
Subsec. (g)(2). Pub. L. 114–94, §3008(b)(4), which directed substitution of "subsection (e)(4)" for "subsection (d)(4)" in subsec. (f)(2), was executed to par. (2) of subsec. (g) relating to annual report on research, to reflect the probable intent of Congress.
Pub. L. 114–94, §3008(a)(6)(C), substituted a period for "; and".
Subsec. (g)(3). Pub. L. 114–94, §3008(a)(6)(D), struck out par. (3) which read as follows: "a proposal for allocations of amounts for assistance under this section for the subsequent fiscal year."
Subsec. (h). Pub. L. 114–94, §3008(a)(5), added subsec. (h).
Subsec. (i). Pub. L. 114–94, §3008(a)(7), added subsec. (i).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to research, development, demonstration, and deployment projects and consisted of subsecs. (a) to (c).
2008—Subsec. (c). Pub. L. 110–244 substituted "Public Transportation" for "Mass Transportation" in heading.
2005—Pub. L. 109–59, §3014(e)(1), substituted "deployment" for "training" in section catchline.
Subsec. (a). Pub. L. 109–59, §3014(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Transportation (or the Secretary of Housing and Urban Development when required by section 5334(i) of this title) may undertake, or make grants or contracts (including agreements with departments, agencies, and instrumentalities of the United States Government) for, research, development, and demonstration projects related to urban mass transportation that the Secretary decides will help reduce urban transportation needs, improve mass transportation service, or help mass transportation service meet the total urban transportation needs at a minimum cost. The Secretary may request and receive appropriate information from any source. This subsection does not limit the authority of the Secretary under another law."
Subsec. (b). Pub. L. 109–59, §3014(b), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to grants to nonprofit institutions of higher learning for research, investigations, and training.
Subsec. (c). Pub. L. 109–59, §3014(b), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to grants to States, local governmental authorities, and operators of mass transportation systems for training fellowships and grants to State and local governmental authorities for projects that would use innovative techniques and methods in managing and providing mass transportation.
Subsec. (c)(2). Pub. L. 109–59, §3014(c), substituted "public or private" for "public and private".
Subsec. (c)(3). Pub. L. 109–59, §3014(d), struck out "shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and" after "Such revenues".
Subsec. (d). Pub. L. 109–59, §3014(b), redesignated subsec. (d) as (b).
Subsec. (d)(1)(A), (2). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsec. (e). Pub. L. 109–59, §3014(b), redesignated subsec. (e) as (c).
Subsec. (e)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
1998—Subsecs. (d), (e). Pub. L. 105–178 added subsecs. (d) and (e).
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
2 So in original. There is no subsec. designated subsec. (f).
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, §3029(b)(4), (5), June 9, 1998, 112 Stat. 372; Pub. L. 109–59, title III, §§3002(b)(4), 3015(a), (b)(1), Aug. 10, 2005, 119 Stat. 1545, 1597; Pub. L. 112–141, div. B, §20030(b), July 6, 2012, 126 Stat. 730, related to transit cooperative research program.
Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
(a)
(1)
(A)
(i) more effectively and efficiently provide public transportation service;
(ii) administer funds received under this chapter in compliance with Federal law; and
(iii) improve public transportation.
(B)
(i) technical assistance; and
(ii) the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics.
(2)
(A) comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act;
(B) comply with human services transportation coordination requirements and to enhance the coordination of Federal resources for human services transportation with those of the Department of Transportation through technical assistance, training, and support services related to complying with such requirements;
(C) meet the transportation needs of elderly individuals;
(D) increase transit ridership in coordination with metropolitan planning organizations and other entities through development around public transportation stations through technical assistance and the development of tools, guidance, and analysis related to market-based development around transit stations;
(E) address transportation equity with regard to the effect that transportation planning, investment, and operations have for low-income and minority individuals;
(F) facilitate best practices to promote bus driver safety;
(G) meet the requirements of sections 5323(j) and 5323(m);
(H) assist with the development and deployment of low or no emission vehicles (as defined in section 5339(c)(1)) or low or no emission vehicle components (as defined in section 5312(h)(1)); and
(I) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation.
(3)
(A) a description of each project that received assistance under this subsection during the preceding fiscal year;
(B) an evaluation of the activities carried out by each organization that received assistance under this subsection during the preceding fiscal year;
(C) a proposal for allocations of amounts for assistance under this subsection for the subsequent fiscal year; and
(D) measurable outcomes and impacts of the programs funded under subsections (b) and (c).
(4)
(A)
(B)
(b)
(1)
(A) an employment training program;
(B) an outreach program to increase employment for veterans, females, individuals with a disability, minorities (including American Indians or Alaska Natives, Asian, Black or African Americans, native Hawaiians or other Pacific Islanders, and Hispanics) in public transportation activities;
(C) research on public transportation personnel and training needs;
(D) training and assistance for veteran and minority business opportunities; and
(E) consensus-based national training standards and certifications in partnership with industry stakeholders.
(2)
(A)
(B)
(i) develop apprenticeships, on-the-job training, and instructional training for public transportation maintenance and operations occupations;
(ii) build local, regional, and statewide public transportation training partnerships with local public transportation operators, labor union organizations, workforce development boards, and State workforce agencies to identify and address workforce skill gaps;
(iii) improve safety, security, and emergency preparedness in local public transportation systems through improved safety culture and workforce communication with first responders and the riding public; and
(iv) address current or projected workforce shortages by developing partnerships with high schools, community colleges, and other community organizations.
(C)
(i) are geographically diverse;
(ii) address the workforce and human resources needs of large public transportation providers;
(iii) address the workforce and human resources needs of small public transportation providers;
(iv) address the workforce and human resources needs of urban public transportation providers;
(v) address the workforce and human resources needs of rural public transportation providers;
(vi) advance training related to maintenance of low or no emission vehicles and facilities used in public transportation;
(vii) target areas with high rates of unemployment;
(viii) advance opportunities for minorities, women, veterans, individuals with disabilities, low-income populations, and other underserved populations; and
(ix) address in-demand industry sector or occupation, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(D)
(i) the impact on reducing public transportation workforce shortages in the area served;
(ii) the diversity of training participants;
(iii) the number of participants obtaining certifications or credentials required for specific types of employment;
(iv) employment outcomes, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary and the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and
(v) to the extent practical, evidence that the program did not preclude workers who are participating in skills training, on-the-job training, and work-based learning from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in the program.
(E)
(3)
(4)
(c)
(1)
(2)
(A)
(B)
(i) intermodal and public transportation planning;
(ii) management;
(iii) environmental factors;
(iv) acquisition and joint use rights-of-way;
(v) engineering and architectural design;
(vi) procurement strategies for public transportation systems;
(vii) turnkey approaches to delivering public transportation systems;
(viii) new technologies;
(ix) emission reduction technologies;
(x) ways to make public transportation accessible to individuals with disabilities;
(xi) construction, construction management, insurance, and risk management;
(xii) maintenance;
(xiii) contract administration;
(xiv) inspection;
(xv) innovative finance;
(xvi) workplace safety; and
(xvii) public transportation security.
(3)
(A) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or
(B) when the education and training are paid under paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute.
(4)
(A)
(B)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, §§3016, 3029(b)(6), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§3002(b)(4), 3016(a), (b), Aug. 10, 2005, 119 Stat. 1545, 1598, 1599; Pub. L. 110–244, title II, §201(g), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, §20012, July 6, 2012, 126 Stat. 690; Pub. L. 114–94, div. A, title III, §3009(a), Dec. 4, 2015, 129 Stat. 1469.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5314(a) | 49 App.:1622(b) (1)–(7). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §26(b)(1)–(8) (related to this subsection); added Dec. 18, 1991, Pub. L. 102–240, §3030, 105 Stat. 2118. |
5314(b) | 49 App.:1622(b)(8) (related to this subsection). |
In subsection (a)(2), the word "subsection" in the source provision is translated as if it were "paragraph" to reflect the apparent intent of Congress.
In subsection (a)(3), the words "conditions, requirements, and provisions" are omitted as being included in "terms".
In subsection (a)(4)(C), the word "section" in the source provision is translated as if it were "paragraph" to reflect the apparent intent of Congress.
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(2)(A), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(2)(D)(iv), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§3101 et seq.) of Title 29, Labor, repealed chapter 30 (§2801 et seq.) of Title 29 and chapter 73 (§9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
2015—Pub. L. 114–94 amended section generally, substituting provisions relating to technical assistance and workforce development for provisions relating to technical assistance and standards development.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to national research programs.
2008—Subsec. (a)(3). Pub. L. 110–244, which directed substitution of "section 5333(b)" for "section 5323(a)(1)(D)" in subsec. (a)(3) of section 5314, without specifying the Code title to be amended, was executed by making the substitution in subsec. (a)(3) of this section, to reflect the probable intent of Congress.
2005—Pub. L. 109–59, §3016(a)(1), struck out "planning and" before "research" in section catchline.
Subsec. (a)(1). Pub. L. 109–59, §3016(a)(2), substituted "section 5338(d)" for "subsections (d) and (h)(7) of section 5338 of this title" and ", contracts, cooperative agreements, or other agreements" for "and contracts" and struck out "5303–5306," before "5312," and "5317," before "and 5322".
Subsec. (a)(2). Pub. L. 109–59, §3016(a)(3), substituted "The Secretary shall" for "Of the amounts made available under paragraph (1) of this subsection, the Secretary shall make available at least $3,000,000 to".
Pub. L. 109–59, §3002(b)(4), substituted "public transportation-related" for "mass transportation-related" and "public transportation" for "mass transportation".
Subsec. (a)(4)(A). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(4)(B), (C). Pub. L. 109–59, §3016(a)(4), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "The Secretary shall establish an Industry Technical Panel composed of representatives of transportation suppliers and operators and others involved in technology development. A majority of the Panel members shall represent the supply industry. The Panel shall assist the Secretary in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution."
Subsec. (a)(6). Pub. L. 109–59, §3016(a)(6), added par. (6).
Subsec. (b). Pub. L. 109–59, §3016(a)(7), substituted ", contract, cooperative agreement, or other agreement under subsection (a) or section 5312," for "or contract financed under subsection (a) of this section,".
Subsec. (c). Pub. L. 109–59, §3016(b), added subsec. (c).
1998—Subsec. (a)(1). Pub. L. 105–178, §3029(b)(6), substituted "subsections (d) and (h)(7) of section 5338" for "section 5338(g)(4)".
Subsec. (a)(2). Pub. L. 105–178, §3016, substituted "$3,000,000" for "$2,000,000".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
(a)
(1) better coordinate public and private sector-provided public transportation services;
(2) promote more effective utilization of private sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and
(3) promote transparency and public understanding of public-private partnerships affecting public transportation.
(b)
(1) provide technical assistance to recipients of Federal transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public transportation; and
(2) educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation.
(c)
(1) identify best practices for public-private partnerships models in the United States and in other countries;
(2) develop standard public-private partnership transaction model contracts; and
(3) perform financial assessments that include the calculation of public and private benefits of a proposed public-private partnership transaction.
(d)
(1) the eligibilities, requirements, or priorities for assistance provided under this chapter; or
(2) the requirements of section 5306(a).
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 813; Pub. L. 104–287, §5(13), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3017(a), June 9, 1998, 112 Stat. 361; Pub. L. 105–206, title IX, §9009(l), July 22, 1998, 112 Stat. 857; Pub. L. 109–59, title III, §3017, Aug. 10, 2005, 119 Stat. 1600; Pub. L. 112–141, div. B, §20013(a), July 6, 2012, 126 Stat. 692; Pub. L. 114–94, div. A, title III, §3010(a), Dec. 4, 2015, 129 Stat. 1474.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5315(a) | 49 App.:1625(a) (1st–3d sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §29(a)–(c); added Dec. 18, 1991, Pub. L. 102–240, §6022, 105 Stat. 2185. |
5315(b) | 49 App.:1625(a) (last sentence). | |
5315(c) | 49 App.:1625(c). | |
5315(d) | 49 App.:1625(b). |
In subsection (a), before clause (1), the word "conduct" is substituted for "administer" for consistency in this section.
In subsection (d), the word "department" is omitted for consistency in this section.
This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.
2015—Subsec. (d). Pub. L. 114–94 added subsec. (d).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to national transit institute.
2005—Subsecs. (a), (b). Pub. L. 109–59, §3017(a), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to establishment and duties of a national transit institute in subsec. (a) and delegation to the institute of the authority of the Secretary to develop and conduct educational and training programs related to mass transportation in subsec. (b).
Subsec. (d). Pub. L. 109–59, §3017(b), struck out "mass" after "public" in two places.
1998—Pub. L. 105–178, §3017(a)(1), as amended by Pub. L. 105–206 substituted "transit" for "mass transportation" in section catchline.
Subsec. (a). Pub. L. 105–178, §3017(a)(2)(A), as amended by Pub. L. 105–206 substituted "national transit institute" for "national mass transportation institute" in introductory provisions.
Subsec. (a)(5). Pub. L. 105–178, §3017(a)(2)(B), as amended by Pub. L. 105–206 inserted "and architectural design" before semicolon at end.
Subsec. (a)(7). Pub. L. 105–178, §3017(a)(2)(C), as amended by Pub. L. 105–206 substituted "delivering" for "carrying out".
Subsec. (a)(11). Pub. L. 105–178, §3017(a)(2)(D), as amended by Pub. L. 105–206 inserted ", construction management, insurance, and risk management" before semicolon at end.
Subsec. (a)(15), (16). Pub. L. 105–178, §3017(a)(2)(E)–(G), as amended by Pub. L. 105–206 added pars. (15) and (16).
1996—Subsec. (d). Pub. L. 104–287 substituted "sections 5307 and 5309" for "sections 5304 and 5306".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Pub. L. 112–141, div. B, §20013(b), July 6, 2012, 126 Stat. 692, provided that:
"(1)
"(A) except as provided in paragraph (6), identify any provisions of chapter 53 of title 49, United States Code, and any regulations or practices thereunder, that impede greater use of public-private partnerships and private investment in public transportation capital projects; and
"(B) develop and implement on a project basis procedures and approaches that—
"(i) address such impediments in a manner similar to the Special Experimental Project Number 15 of the Federal Highway Administration (commonly referred to as 'SEP-15'); and
"(ii) protect the public interest and any public investment in public transportation capital projects that involve public-private partnerships or private investment in public transportation capital projects.
"(2)
"(A) any conflict of interest involving any party involved in the public-private partnership;
"(B) tax and financing aspects related to a public-private partnership agreement;
"(C) changes in the workforce and wages, benefits, or rules as a result of a public-private partnership;
"(D) estimates of the revenue or savings the public-private partnership will produce for the private entity and public entity;
"(E) any impacts on other developments and transportation modes as a result of non-compete clauses contained in public-private partnership agreements; and
"(F) any other issues the Secretary believes will increase transparency of public-private partnership agreements and protect the public interest.
"(3)
"(4)
"(5)
"(6)
"(A) section 5333 of title 49, United States Code;
"(B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
"(C) any other provision of Federal law."
Section 5316, added Pub. L. 109–59, title III, §3018(a), Aug. 10, 2005, 119 Stat. 1601, related to job access and reverse commute formula grants.
A prior section 5316, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 814; Pub. L. 104–59, title III, §338(c)(5), Nov. 28, 1995, 109 Stat. 605, related to university research institutes, prior to repeal by Pub. L. 105–178, title V, §5110(c), June 9, 1998, 112 Stat. 444.
Section 5317, added Pub. L. 109–59, title III, §3019(a), Aug. 10, 2005, 119 Stat. 1605, related to the New Freedom grant program to assist individuals with disabilities with public transportation.
A prior section 5317, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 815; Pub. L. 104–287, §5(14), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3029(b)(7), June 9, 1998, 112 Stat. 372, related to transportation centers, prior to repeal by Pub. L. 105–178, title V, §5110(c), June 9, 1998, 112 Stat. 444.
Repeal 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.
(a)
(b)
(c)
(d)
(e)
(1)
(A) a bus of that model has been tested at a facility authorized under subsection (a); and
(B) the bus tested under subparagraph (A) met—
(i) performance standards for maintainability, reliability, performance (including braking performance), structural integrity, fuel economy, emissions, and noise, as established by the Secretary by rule; and
(ii) the minimum safety performance standards established by the Secretary pursuant to section 5329(b).
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 817; Pub. L. 103–429, §6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–178, title III, §§3018, 3029(b)(8), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§3002(b)(4), 3020, Aug. 10, 2005, 119 Stat. 1545, 1608; Pub. L. 112–141, div. B, §20014, July 6, 2012, 126 Stat. 694.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5318(a) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(1), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(b), 105 Stat. 2184. |
5318(b) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(2), 101 Stat. 233. |
5318(c) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(3), 101 Stat. 233. |
5318(d) | 49 App.:1602(m) (2d–last sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(m) (2d–last sentences); added Dec. 18, 1991, Pub. L. 102–240, §3009, 105 Stat. 2093. |
5318(e) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(5), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(c), 105 Stat. 2184. |
49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, 101 Stat. 132, §317(b)(6); added Dec. 18, 1991, Pub. L. 102–240, §6021(d), 105 Stat. 2184. |
In subsection (c), the words "Under the contract entered into under paragraph (2)" are omitted as surplus.
In subsection (d), the words "to the operator of the facility" are omitted as surplus.
In subsection (e), the text of section 317(b)(5) of the Surface Transportation and Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 132) is omitted as obsolete. The words "operating and maintaining the facility" are substituted for "described in paragraph (3)" for clarity.
This amends 49:5318(e) to correct an erroneous cross-reference.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (e)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
2012—Pub. L. 112–141 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: "Amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a)."
2005—Subsec. (a). Pub. L. 109–59, §3020(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facility built with assistance of the United States Government to train rail personnel."
Subsec. (b). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (d). Pub. L. 109–59, §3020(b), substituted "to carry out this section" for "under section 5309(m)(1)(C) of this title".
Subsec. (e). Pub. L. 109–59, §3020(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The Secretary has a bus testing revolving loan fund consisting of amounts authorized for the fund under section 317(b)(5) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. The Secretary shall make available as repayable advances from the fund to the person operating and maintaining the facility amounts to operate and maintain the facility."
1998—Subsec. (b). Pub. L. 105–178, §3018(a), substituted "enter into a contract or cooperative agreement with, or make a grant to," for "make a contract with" and inserted "or organization" after "qualified person", ", cooperative agreement, or grant" after "The contract", and "mass transportation" after "and other".
Subsec. (d). Pub. L. 105–178, §§3018(b), 3029(b)(8), substituted "enter into a contract or cooperative agreement with, or make a grant to," for "make a contract with" and "5309(m)(1)(C) of this title" for "5338(j)(5) of this title".
1994—Subsec. (e). Pub. L. 103–429 inserted "Uniform" before "Relocation".
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.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
1 So in original. Probably should be "subparagraph".
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105–178, title III, §3019, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, §3002(b)(4), Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, §201(h), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, §20030(c), July 6, 2012, 126 Stat. 730, made certain bicycle facilities eligible for assistance under sections 5307, 5309, and 5311 of this title.
Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Section, added Pub. L. 109–59, title III, §3021(a), Aug. 10, 2005, 119 Stat. 1608; amended Pub. L. 110–244, title II, §201(i), June 6, 2008, 122 Stat. 1610, related to alternative transportation in parks and public lands.
A prior section 5320, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103–429, §6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, §3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, §9009(h)(1), July 22, 1998, 112 Stat. 856, related to construction of a suspended light rail system technology pilot project, prior to repeal by Pub. L. 109–59, title III, §3021(a), Aug. 10, 2005, 119 Stat. 1608.
Repeal 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.
The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5321 | 49 App.:1620. | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §24; added Apr. 2, 1987, Pub. L. 100–17, §325, 101 Stat. 237. |
2005—Pub. L. 109–59 substituted "public transportation" for "mass transportation".
Pub. L. 109–59, title III, §3028(c), Aug. 10, 2005, 119 Stat. 1624, provided that: "Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] and the Secretary of Homeland Security shall issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses."
Pub. L. 109–59, title III, §3028(b), Aug. 10, 2005, 119 Stat. 1624, provided that:
"(1)
"(2)
"(A) establish a process to develop security standards for public transportation agencies;
"(B) create a method of direct coordination with public transportation agencies on security matters;
"(C) address any other issues determined to be appropriate by the Secretary and the Secretary of Homeland Security; and
"(D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security."
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §§3002(b)(4), 3022, Aug. 10, 2005, 119 Stat. 1545, 1614; Pub. L. 112–141, div. B, §20015, July 6, 2012, 126 Stat. 695, provided for programs that address human resource needs in public transportation activities.
Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
(a)
(1)
(A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306;
(B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and
(C) just compensation under State or local law will be paid to the company for its franchise or property.
(2)
(b)
(c)
(1)
(2)
(d)
(1)
(2)
(A)
(B)
(C)
(e)
(1)
(2)
(3)
(f)
(1)
(A) to an applicant that operates a school system in the area to be served and a separate and exclusive schoolbus program for the school system; and
(B) unless a private schoolbus operator can provide adequate transportation that complies with applicable safety standards at reasonable rates.
(2)
(g)
(h)
(1) pay ordinary governmental or nonproject operating expenses;
(2) pay incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team; or
(3) support a procurement that uses an exclusionary or discriminatory specification.
(i)
(1)
(A)
(B)
(2)
(A)
(B)
(C)
(i)
(ii)
(I) the seating capacity of which is at least 6 adults (not including the driver); and
(II) at least 80 percent of the mileage use of which can be reasonably expected to be for the purposes of transporting commuters in connection with travel between their residences and their place of employment.
(j)
(1)
(2)
(A) applying paragraph (1) would be inconsistent with the public interest;
(B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(C) when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter—
(i) the cost of components and subcomponents produced in the United States—
(I) for fiscal years 2016 and 2017, is more than 60 percent of the cost of all components of the rolling stock;
(II) for fiscal years 2018 and 2019, is more than 65 percent of the cost of all components of the rolling stock; and
(III) for fiscal year 2020 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the rolling stock; and
(ii) final assembly of the rolling stock has occurred in the United States; or
(D) including domestic material will increase the cost of the overall project by more than 25 percent.
(3)
(A)
(i) publish in the Federal Register and make publicly available in an easily identifiable location on the website of the Department of Transportation a detailed written explanation of the waiver determination; and
(ii) provide the public with a reasonable period of time for notice and comment.
(B)
(4)
(5)
(6)
(A)
(i) the steel, iron, or manufactured goods, as applicable, (referred to in this subparagraph as the "item") is produced in the United States in a sufficient and reasonably available amount;
(ii) the item produced in the United States is of a satisfactory quality; and
(iii) includes a list of known manufacturers in the United States from which the item can be obtained.
(B)
(7)
(A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
(B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United States and to which the agreement applies.
(8)
(A) affixed a "Made in America" label, or a label with an inscription having the same meaning, to goods sold in or shipped to the United States that are used in a project to which this subsection applies but not produced in the United States; or
(B) represented that goods described in subparagraph (A) of this paragraph were produced in the United States.
(9)
(10)
(11)
(12)
(13)
(k)
(1) participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and
(2) be included in the planning for those services.
(l)
(1)
(2)
(m)
(n)
(o)
(p)
(1) the incidental use does not interfere with the recipient's public transportation operations;
(2) all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or private entity;
(3) the recipient uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and
(4) private entities pay all applicable excise taxes on fuel.
(q)
(1)
(2)
(r)
(s)
(t)
(1) the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for such fiscal year; and
(2) any amounts withheld pursuant to paragraph (1) shall be added to the amount that the Secretary may apportion under section 5336 in the following fiscal year.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 821; Pub. L. 103–429, §6(10), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(15), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3020, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, §§3002(b)(4), 3023(a)–(i)(3), (j)–(m), Aug. 10, 2005, 119 Stat. 1545, 1615–1619; Pub. L. 110–244, title II, §201(j), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, §20016, July 6, 2012, 126 Stat. 697; Pub. L. 114–94, div. A, title III, §3011, Dec. 4, 2015, 129 Stat. 1474.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5323(a)(1) | 49 App.:1602(e). | July 9, 1964, Pub. L. 88–365, §3(e), 78 Stat. 303; Sept. 8, 1966, Pub. L. 89–562, §2(b)(1), 80 Stat. 716; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(1), 84 Stat. 962; Nov. 6, 1978, Pub. L. 95–599, §302(c), 92 Stat. 2737. |
5323(a)(2) | 49 App.:1608(e). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(e), (g); added Nov. 6, 1978, Pub. L. 95–599, §308(d), 92 Stat. 2747. |
5323(b) | 49 App.:1602(d). | July 9, 1964, Pub. L. 88–365, §3(d), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 964. |
5323(c) | 49 App.:1608(h)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(h)(1); added Apr. 2, 1987, Pub. L. 100–17, §317(a), 101 Stat. 233. |
5323(d) | 49 App.:1602(f). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(f); added Jan. 4, 1974, Pub. L. 93–650, §1(a), 89 Stat. 2–1; Aug. 22, 1974, Pub. L. 93–383, §813(a), 88 Stat. 737; Nov. 26, 1974, Pub. L. 93–503, §109(b), 88 Stat. 1573. |
5323(e) | 49 App.:1608(g). | |
5323(f) | 49 App.:1602(g). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(g); added Nov. 26, 1974, Pub. L. 93–503, §109(a), 88 Stat. 1572. |
5323(g) | 49 App.:1602a. | Aug. 13, 1973, Pub. L. 93–87, §164, 87 Stat. 281; Jan. 4, 1974, Pub. L. 93–650, §1(b), 89 Stat. 2–1; Aug. 22, 1974, Pub. L. 93–383, §813(b), 88 Stat. 737. |
5323(h) | 49 App.:1602(a)(2)(C). | July 9, 1964, Pub. L. 88–365, §3(a)(2)(C), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736. |
5323(i) | 49 App.:1608(m). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(m); added Dec. 18, 1991, Pub. L. 102–240, §3020, 105 Stat. 2110. |
5323(j)(1) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(a) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2136; Mar. 9, 1984, Pub. L. 98–229, §10, 98 Stat. 57; Dec. 18, 1991, Pub. L. 102–240, §1048(a), 105 Stat. 1999. |
5323(j)(2) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(b) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137; Apr. 2, 1987, Pub. L. 100–17, §§133(a)(6), 337(a)(1), (b), (c), 101 Stat. 171, 241. |
5323(j)(3) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(c) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137. |
5323(j)(4) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §165(g) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, §1048(b), 105 Stat. 2000. |
5323(j)(5) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §165(f) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, §1048(b), 105 Stat. 1999. |
5323(j)(6) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(d) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137. |
5323(j)(7) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §165(e) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, §1048(b), 105 Stat. 1999. |
5323(k) | 49 App.:1607(q). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(q); added Oct. 6, 1992, Pub. L. 102–388, §502(i), 106 Stat. 1566. |
In subsection (a)(1), before clause (A), the words "directly or indirectly", "any facilities or other", "reconstructing", and "for the purpose of providing by contract or otherwise" are omitted as surplus. In clause (C), the words "and adequate", "acquisition of", and "applicable" are omitted as surplus. In clause (D), the words "the requirements of" are omitted as surplus.
In subsection (a)(2), the words "may not use" are substituted for "None of the provisions of this chapter shall be construed to authorize" to eliminate unnecessary words. The words "the purpose of financing" are omitted as surplus.
In subsections (b)(1), (c), and (e), the words "except section 5307" are added for clarity because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.
In subsection (b)(1), before clause (A), the word "reconstruction" is omitted as surplus. In clause (B), the words "in the matter" are omitted as surplus. In clause (C), the word "environmental" is substituted for "and its impact on the environment" to eliminate unnecessary words. In clause (D), the word "comprehensive" is omitted as surplus.
In subsection (b)(2), the word "description" is substituted for "statement" for clarity.
In subsections (d)–(f) and (h), the word "Federal" is omitted as surplus.
In subsections (d) and (f), the word "provide" is substituted for "engage in", and the word "transportation" is substituted for "operations", for consistency.
In subsection (d)(1), the words "with the Secretary", "and equitable", and "publicly and privately owned" are omitted as surplus.
In subsection (d)(2), the words "alleged", "take appropriate action to", "and conditions", and "for mass transportation facilities and equipment" are omitted as surplus.
In subsection (e), the words "This subsection shall apply to" and "which is acquiring such buses" are omitted as surplus. The words "occurring on or after November 6, 1978" are omitted as executed. The words "In the case of" are omitted as surplus. The words "may include" are substituted for "the Secretary shall permit . . . to provide in advertising for bids for" to eliminate unnecessary words.
In subsection (f)(1), before clause (A), the words "for use in providing public", "to any applicant for such assistance", and "and the Secretary" are omitted as surplus. The word "agrees" is substituted for "shall have first entered into an agreement that such applicant" to eliminate unnecessary words. In clause (A), the words "with respect to operation of a schoolbus program" are omitted as surplus.
Subsection (g) is substituted for 49 App.:1602a to eliminate unnecessary words.
In subsection (j), the word "goods" is substituted for "products" for consistency.
In subsection (j)(1), the words "Notwithstanding any other provision of law" are omitted as surplus.
In subsection (j)(2), before clause (A), the words "The Secretary of Transportation may waive" are substituted for "shall not apply" for clarity. In clause (B), the words "steel, iron, and goods" are substituted for "materials and products" for consistency. In clause (C), before subclause (i), the words "bus and other" are omitted as surplus. In subclauses (i) and (ii), the words "rolling stock" are substituted for "vehicle or equipment" for consistency. In clause (D), the word "contract" is omitted as surplus.
In subsection (j)(4), before clause (A), the words "The Secretary of Transportation may not make a waiver under" are substituted for "shall not apply" for clarity. The words "government of a foreign country" are substituted for "foreign country", and the word "Government" is added, for consistency in the revised title and with other titles of the United States Code.
In subsection (j)(5), before clause (A), the words "the debarment, suspension, and ineligibility procedures in" are omitted as surplus. The words "department, agency, or instrumentality of the Government" are substituted for "Federal agency" for consistency in the revised title and with other titles of the Code. In clause (A), the word "produced" is substituted for "made" for consistency.
In subsection (k), the word "statewide" is omitted as surplus.
This makes a clarifying amendment to the catchline for 49:5323(j).
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5323(l) | 49 App.:1608(j). | July 9, 1964, Pub. L. 88–365, §12(j), as added Apr. 2, 1987, Pub. L. 100–17, §319, 101 Stat. 234. |
The word "review" is substituted for "audit" for clarity. The words "buses and other" are omitted as surplus.
This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (c)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (i)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Clean Air Act, referred to in subsec. (i)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (j)(3)(B), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The Federal Public Transportation Act of 2015, referred to in subsec. (j)(8), is title III of div. A of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1446. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 5101 of this title and Tables.
2015—Subsec. (h)(2), (3). Pub. L. 114–94, §3011(1), added par. (2) and redesignated former par. (2) as (3).
Subsec. (j)(2)(C). Pub. L. 114–94, §3011(2)(A), added subpar. (C) and struck out former subpar. (C), which read as follows: "when procuring rolling stock (including train control, communication, and traction power equipment) under this chapter—
"(i) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and
"(ii) final assembly of the rolling stock has occurred in the United States; or".
Subsec. (j)(5) to (11). Pub. L. 114–94, §3011(2)(B)–(D), added pars. (5) and (6), redesignated former pars. (5) to (9) as pars. (7) to (11), respectively, and in par. (8), substituted "Federal Public Transportation Act of 2015" for "Federal Public Transportation Act of 2012".
Subsec. (j)(12), (13). Pub. L. 114–94, §3011(2)(E), added pars. (12) and (13).
Subsec. (q)(1). Pub. L. 114–94, §3011(3), struck out at end "The Secretary may establish restrictions on such an acquisition as the Secretary determines to be necessary and appropriate."
Subsecs. (s), (t). Pub. L. 114–94, §3011(4), added subsecs. (s) and (t).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to general provisions on assistance.
2008—Subsec. (n). Pub. L. 110–244 substituted "section 5336(d)(2)" for "section 5336(e)(2)".
2005—Subsec. (a)(1). Pub. L. 109–59, §3023(a)(1), inserted heading and text of par. (1) and struck out former par. (1) which authorized use of financial assistance provided under this chapter for certain purposes only if the Secretary finds the assistance is essential to a program of projects required under sections 5303–5306 of this title, the Secretary finds that the program, to the maximum extent feasible, provides for the participation of private companies, just compensation will be paid to the company for its franchise or property, and the Secretary of Labor certifies that the assistance complies with section 5333(b) of this title.
Subsec. (a)(2). Pub. L. 109–59, §3023(a)(2), inserted heading.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (b). Pub. L. 109–59, §3023(b), reenacted heading without change and amended text of subsec. (b) generally, substituting provisions relating to general requirements, notice, and application requirements, consisting of pars. (1) to (3), for provisions relating to application requirements and notice, consisting of pars. (1) and (2).
Subsec. (c). Pub. L. 109–59, §3023(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: "Amounts appropriated or made available under this chapter after September 30, 1989, may be obligated or expended to acquire a new bus model only if a bus of the model has been tested at the facility established under section 5318 of this title."
Subsec. (d)(1). Pub. L. 109–59, §3023(d)(1), inserted heading.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places.
Subsec. (d)(2). Pub. L. 109–59, §3023(d)(2), inserted heading and text of par. (2) and struck out former par. (2) which read as follows: "On receiving a complaint about a violation of an agreement, the Secretary of Transportation shall investigate and decide whether a violation has occurred. If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. In addition to a remedy specified in the agreement, the Secretary may bar a recipient under this subsection or an operator from receiving further assistance when the Secretary finds a continuing pattern of violations of the agreement."
Subsec. (e). Pub. L. 109–59, §3023(e), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The initial advertising by a State or local governmental authority for bids to acquire buses using financial assistance under this chapter may include passenger seat functional specifications that are at least equal to performance specifications the Secretary of Transportation prescribes. The specifications shall be based on a finding by the State or local governmental authority of local requirements for safety, comfort, maintenance, and life cycle costs."
Subsec. (f). Pub. L. 109–59, §3023(f), in par. (1) inserted heading and realigned margins, added par. (2), and struck out former par. (2) which read as follows: "An applicant violating an agreement under this subsection may not receive other financial assistance under this chapter."
Subsec. (f)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places in introductory provisions.
Subsec. (g). Pub. L. 109–59, §3023(g), substituted "133 and 142" for "103(e)(4) and 142(a) or (c)" in two places.
Subsec. (i). Pub. L. 109–59, §3023(h), substituted "Government's" for "Government" in subsec. heading, designated existing provisions as par. (1), inserted par. heading, inserted "or facilities" after "equipment" wherever appearing, and added par. (2).
Subsec. (j)(3) to (5). Pub. L. 109–59, §3023(i)(1), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).
Subsec. (j)(6). Pub. L. 109–59, §3023(i)(1)(A), (2), redesignated par. (5) as (6) and substituted "Federal Public Transportation Act of 2005" for "Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1914)" in introductory provisions. Former par. (6) redesignated (7).
Subsec. (j)(7), (8). Pub. L. 109–59, §3023(i)(1)(A), redesignated pars. (6) and (7) as (7) and (8), respectively.
Subsec. (j)(9). Pub. L. 109–59, §3023(i)(3), added par. (9).
Subsec. (l). Pub. L. 109–59, §3023(j), amended heading and text of subsec. (l) generally. Prior to amendment, text read as follows: "The planning and programming requirements of section 135 of title 23 apply to a grant made under sections 5307–5311 of this title."
Subsec. (m). Pub. L. 109–59, §3023(k), inserted at end "Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving other than urbanized areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser's requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations."
Subsec. (o). Pub. L. 109–59, §3023(l), substituted "chapter 6 (other than section 609) of title 23" for "the Transportation Infrastructure Finance and Innovation Act of 1998".
Subsec. (p). Pub. L. 109–59, §3023(m), added subsec. (p).
1998—Subsec. (d). Pub. L. 105–178, §3020(a), substituted "Condition on Charter Bus Transportation Service" for "Buying and Operating Buses" in heading.
Subsec. (i). Pub. L. 105–178, §3020(c), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: "A Government grant for a project to be assisted under this chapter that involves acquiring vehicle-related equipment required by the Clean Air Act (42 U.S.C. 7401 et seq.) or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is for 90 percent of the net project cost of the equipment that is attributable to complying with those Acts. The Secretary of Transportation, through practicable administrative procedures, may determine the costs attributable to that equipment."
Subsec. (j)(7). Pub. L. 105–178, §3020(b), inserted heading and amended text of par. (7) generally. Prior to amendment, text read as follows: "Not later than January 1, 1995, the Secretary of Transportation shall submit to Congress a report on purchases from foreign entities waived under paragraph (2) of this subsection in the fiscal years ending September 30, 1992, and September 30, 1993. The report shall indicate the dollar value of items for which waivers were granted."
Subsecs. (k) to (m). Pub. L. 105–178, §3020(d), added subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and (m), respectively.
Subsec. (n). Pub. L. 105–178, §3020(e), added subsec. (n).
Subsec. (o). Pub. L. 105–178, §3020(f), added subsec. (o).
1996—Subsecs. (b)(1), (c), (e). Pub. L. 104–287 struck out "(except section 5307)" after "under this chapter".
1994—Subsec. (j). Pub. L. 103–429, §6(10)(A), substituted "America" for "American" in heading.
Subsec. (l). Pub. L. 103–429, §6(10)(B), added subsec. (l).
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 109–59, title III, §3023(i)(5), Aug. 10, 2005, 119 Stat. 1618, required the Secretary of Transportation to issue a final rule on implementation of the Buy America requirements of former subsec. (j) of this section no later than 180 days after Aug. 10, 2005.
Pub. L. 105–178, title III, §3035, June 9, 1998, 112 Stat. 387, required certain buses manufactured after Sept. 1, 1999, to conform with the Federal Transit Administration Guidance on Buy America Requirements, dated March 18, 1997.
(a)
(1)
(A) evacuation services;
(B) rescue operations;
(C) temporary public transportation service; or
(D) reestablishing, expanding, or relocating public transportation route service before, during, or after an emergency.
(2)
(A) the Governor of a State has declared an emergency and the Secretary has concurred; or
(B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(b)
(1) capital projects to protect, repair, reconstruct, or replace equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage, as a result of an emergency; and
(2) eligible operating costs of public transportation equipment and facilities in an area directly affected by an emergency during—
(A) the 1-year period beginning on the date of a declaration described in subsection (a)(2); or
(B) if the Secretary determines there is a compelling need, the 2-year period beginning on the date of a declaration described in subsection (a)(2).
(c)
(1)
(2)
(3)
(d)
(1) subject to the terms and conditions the Secretary determines are necessary; and
(2) made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(e)
(1)
(2)
(3)
(A) paragraph (2); or
(B) section 5307 or 5311, in the case of a grant made available under section 5307 or 5311, respectively, to address an emergency.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 824; Pub. L. 109–59, title III, §3024(a), Aug. 10, 2005, 119 Stat. 1619; Pub. L. 112–141, div. B, §20017(a), July 6, 2012, 126 Stat. 703.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5324(a) | 49 App.:1606(a). | July 9, 1964, Pub. L. 88–365, §7(a), 78 Stat. 305; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. |
5324(b)(1) | 49 App.:1610(a) (last sentence). | July 9, 1964, Pub. L. 88–365, §14(a) (last sentence)–(c), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §6, 84 Stat. 966. |
5324(b)(2) | 49 App.:1610(b). | |
5324(b)(3) | 49 App.:1610(c). | |
5324(c) | 49 App.:1608(d). | July 9, 1964, Pub. L. 88–365, §12(d), 78 Stat. 307; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, §308(c), 92 Stat. 2747. |
In subsection (a), before clause (1), the word "provided" is substituted for "extended" for clarity. The words "to any project" are omitted as surplus. In clause (2), the words "available . . . displaced" are omitted as surplus.
In subsection (b)(1), the words "Health and Human Services" are substituted for "Health, Education, and Welfare" in section 14(a) (last sentence) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 308) [subsequently changed to the Federal Transit Act by section 3003(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2087)] because of 20:3508(b).
In subsection (b)(2), before clause (A), the words "In carrying out section 5306 of this title" are added for clarity and consistency with subsections (b)(3) and (c) of this section. The word "detailed" is omitted as surplus. In clause (B), the words "should the proposal be implemented" are omitted as surplus. In clause (D), the words "which may be involved in the proposed project should it be implemented" are omitted as surplus.
In subsection (b)(3)(A), before clause (i), the word "financial" is added for clarity. The words "full and complete" are omitted as surplus. In clause (ii), the word "fair" is omitted as surplus. In clause (iii), the word "either" is omitted as surplus.
In subsection (b)(3)(B), the words "before the State or local agency pursuant to section 1602(d) of this Appendix" and "before the State or local public agency . . . to permit him" are omitted as surplus.
In subsection (c), the words "The Secretary of Transportation may not" are substituted for "None of the provisions of this chapter shall be construed to authorize the Secretary to" to eliminate unnecessary words. The words "in any manner . . . mode of" and "rates, fares, tolls, rentals, or other . . . fixed or prescribed . . . by any local public or private transit agency" are omitted as surplus. The words "However, the Secretary may" are substituted for "but nothing in this subsection shall prevent the Secretary from taking such actions as may be necessary to" to eliminate unnecessary words. The words "local governmental authority, corporation, or association" are substituted for "agency or agencies" for consistency with sections 5309 and 5310 of the revised title.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to special provisions for capital projects.
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirements of a relocation program for families displaced by a project, consideration of economic, social, and environmental interests, and prohibition against regulating the operation of a mass transportation system for which a grant is made under section 5309 and regulating any charge for the system after a grant is made.
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.
Pub. L. 112–141, div. B, §20017(b), July 6, 2012, 126 Stat. 705, provided that:
"(1)
"(A) to improve coordination between the Department of Transportation and the Department of Homeland Security; and
"(B) to expedite the provision of Federal assistance for public transportation systems for activities relating to a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) (referred to in this subsection as a 'major disaster or emergency').
"(2)
"(3)
"(A) provide for improved coordination and expeditious use of public transportation, as appropriate, in response to and recovery from a major disaster or emergency;
"(B) establish procedures to address—
"(i) issues that have contributed to delays in the reimbursement of eligible transportation-related expenses relating to a major disaster or emergency;
"(ii) any challenges identified in the review under paragraph (4); and
"(iii) the coordination of assistance for public transportation provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.] and section 5324 of title 49, United States Code, as amended by this Act, as appropriate; and
"(C) provide for the development and distribution of clear guidelines for State, local, and tribal governments, including public transportation systems, relating to—
"(i) assistance available for public transportation systems for activities relating to a major disaster or emergency—
"(I) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
"(II) under section 5324 of title 49, United States Code, as amended by this Act; and
"(III) from other sources, including other Federal agencies; and
"(ii) reimbursement procedures that speed the process of—
"(I) applying for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act; and
"(II) distributing assistance for public transportation systems under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act.
"(4)
"(5)
"(6)
"(A)
"(B)
(a)
(b)
(1)
(2)
(A)
(B)
(C)
(D)
(c)
(d)
(1)
(A) means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system, or an operable segment of such system, that meets specific performance criteria; and
(B) may include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment.
(2)
(e)
(1)
(A) not more than 5 years after the date of the original contract for bus procurements; and
(B) not more than 7 years after the date of the original contract for rail procurements, provided that such option does not allow for significant changes or alterations to the rolling stock.
(2)
(f)
(1) based on—
(A) initial capital costs; or
(B) performance, standardization, life cycle costs, and other factors; or
(2) with a party selected through a competitive procurement process.
(g)
(h)
(i)
(j)
(1)
(2)
(A) the integrity of the contractor;
(B) the contractor's compliance with public policy;
(C) the contractor's past performance; and
(D) the contractor's financial and technical resources.
(k)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 825; Pub. L. 104–287, §5(16), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3022, June 9, 1998, 112 Stat. 363; Pub. L. 105–206, title IX, §9009(n), July 22, 1998, 112 Stat. 857; Pub. L. 107–217, §3(n)(2), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, §3025(a), Aug. 10, 2005, 119 Stat. 1620; Pub. L. 110–244, title II, §201(k), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, §§20018, 20030(d), July 6, 2012, 126 Stat. 706, 730; Pub. L. 114–94, div. A, title III, §3030(e), Dec. 4, 2015, 129 Stat. 1497.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5325(a) | 49 App.:1608(b)(1). | July 9, 1964, Pub. L. 88–365, §12(b)(1), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, §308(a)(1), 92 Stat. 2745. |
5325(b) | 49 App.:1608(b)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(2); added Nov. 6, 1978, Pub. L. 95–599, §308(a)(2), 92 Stat. 2745; restated Jan. 6, 1983, Pub. L. 97–424, §308, 96 Stat. 2151. |
5325(c) | 49 App.:1608(b)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(3); added Apr. 2, 1987, Pub. L. 100–17, §315(a), 101 Stat. 232. |
5325(d) | 49 App.:1608(b)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(4); added Apr. 2, 1987, Pub. L. 100–17, §316, 101 Stat. 232. |
In subsection (a), the words "reconstruction", "in furtherance of the purposes", "by applicants", "procedures as defined by the Secretary", "of the contracting parties", and "the operations or activities under" are omitted as surplus. The words "shall be made available to" are substituted for "shall . . . have access to", and the words "an officer or employee of the Secretary or Comptroller General" are substituted for "any of their duly authorized representatives", for consistency in the revised title and with other titles of the United States Code.
Subsection (b) is substituted for 49 App.:1608(b)(2) for clarity. The text of 49 App.:1608(b)(2) (last sentence) is omitted as executed.
This amends the catchline for 49:5325(d) to make a clarifying amendment.
The Federal Public Transportation Act of 2015, referred to in subsec. (h), is title III of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1446. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 5101 of this title and Tables.
2015—Subsec. (e)(2). Pub. L. 114–94, §3030(e)(1), struck out "at least two" after "allow".
Subsec. (h). Pub. L. 114–94, §3030(e)(2), substituted "Federal Public Transportation Act of 2015" for "Federal Public Transportation Act of 2012".
2012—Subsec. (b)(2)(A). Pub. L. 112–141, §20030(d), substituted "the Federal Acquisition Regulation, or any successor thereto" for "title 48, Code of Federal Regulations (commonly known as the Federal Acquisition Regulation)".
Subsec. (e)(1). Pub. L. 112–141, §20018(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for not more than 5 years after the date of the original contract."
Subsec. (h). Pub. L. 112–141, §20018(2), substituted "Federal Public Transportation Act of 2012" for "Federal Public Transportation Act of 2005".
Subsec. (j)(2)(C). Pub. L. 112–141, §20018(3), struck out ", including the performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2)" after "past performance".
Subsec. (k). Pub. L. 112–141, §20018(4), added subsec. (k).
2008—Subsec. (b)(1). Pub. L. 110–244, §201(k)(1), inserted "adopted before August 10, 2005" before period at end.
Subsec. (b)(2), (3). Pub. L. 110–244, §201(k)(2), (3), redesignated par. (3) as (2) and struck out former par. (2). Text read as follows: "Paragraph (1) does not apply to the extent a State has adopted by law, before the date of enactment of the Federal Public Transportation Act of 2005, an equivalent State qualifications-based requirement for contracting for architectural, engineering, and design services."
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to noncompetitive bidding in subsec. (a), procedures for award of architectural, engineering, and design contracts in subsec. (b), and efficient procurement in subsec. (c).
2002—Subsec. (b). Pub. L. 107–217 substituted "chapter 11 of title 40" for "title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)".
1998—Subsec. (b). Pub. L. 105–178, §3022(b), as added by Pub. L. 105–206, inserted "or requirement" after "A contract" and "When awarding such contracts, recipients of assistance under this chapter shall maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies, as provided in subparagraphs (C) through (F) of section 112(b)(2) of title 23, United States Code." before "This subsection does not apply".
Pub. L. 105–178, §3022(a)(1), (2), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: "A recipient of financial assistance of the United States Government under this chapter may make a contract to expend that assistance to acquire rolling stock—
"(1) based on—
"(A) initial capital costs; or
"(B) performance, standardization, life cycle costs, and other factors; or
"(2) with a party selected through a competitive procurement process."
Subsec. (c). Pub. L. 105–178, §3022(a)(1), (3), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "A recipient of a grant under section 5307 of this title procuring an associated capital maintenance item under section 5307(b) may make a contract directly with the original manufacturer or supplier of the item to be replaced, without receiving prior approval of the Secretary, if the recipient first certifies in writing to the Secretary that—
"(1) the manufacturer or supplier is the only source for the item; and
"(2) the price of the item is no more than the price similar customers pay for the item."
Subsec. (d). Pub. L. 105–178, §3022(a)(2), redesignated subsec. (d) as (b).
1996—Subsec. (d). Pub. L. 104–287 substituted "
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Pub. L. 114–94, div. A, title III, §3019, Dec. 4, 2015, 129 Stat. 1488, provided that:
"(a)
"(b)
"(1)
"(A)
"(i) the term 'cooperative procurement contract' means a contract—
"(I) entered into between a State government or eligible nonprofit entity and 1 or more vendors; and
"(II) under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants;
"(ii) the term 'eligible nonprofit entity' means—
"(I) a nonprofit cooperative purchasing organization that is not a grantee; or
"(II) a consortium of entities described in subclause (I);
"(iii) the terms 'lead nonprofit entity' and 'lead procurement agency' mean an eligible nonprofit entity or a State government, respectively, that acts in an administrative capacity on behalf of each participant in a cooperative procurement contract;
"(iv) the term 'participant' means a grantee that participates in a cooperative procurement contract; and
"(v) the term 'participate' means to purchase rolling stock and related equipment under a cooperative procurement contract using assistance provided under chapter 53 of title 49, United States Code.
"(B)
"(i)
"(ii)
"(iii)
"(iv)
"(I) subject to subclauses (II) and (III), may be for an initial term of not more than 2 years;
"(II) may include not more than 3 optional extensions for terms of not more than 1 year each; and
"(III) may be in effect for a total period of not more than 5 years, including each extension authorized under subclause (II).
"(v)
"(I) may charge the participants in the contract for the cost of administering, planning, and providing technical assistance for the contract in an amount that is not more than 1 percent of the total value of the contract; and
"(II) with respect to the cost described in subclause (I), may incorporate the cost into the price of the contract or directly charge the participants for the cost, but not both.
"(2)
"(A)
"(i) the vendors agree to provide an option to purchase rolling stock and related equipment to the State government and any other participant; and
"(ii) the State government acts throughout the term of the contract as the lead procurement agency.
"(B)
"(3)
"(A)
"(B)
"(C)
"(4)
"(A)
"(B)
"(C)
"(D)
"(i)
"(ii)
"(c)
"(1)
"(A)
"(B)
"(2)
"(A)
"(i) the rolling stock or related equipment covered under the lease is eligible for capital assistance under such chapter; and
"(ii) there is or will be no Federal interest in the rolling stock or related equipment covered under the lease as of the date on which the lease takes effect.
"(B)
"(i) maintain an inventory of the rolling stock or related equipment acquired under the lease; and
"(ii) maintain on the accounting records of the grantee the liability of the grantee under the lease.
"(C)
"(i) the cost of the rolling stock or related equipment;
"(ii) associated financing costs, including interest, legal fees, and financial advisor fees;
"(iii) ancillary costs such as delivery and installation charges; and
"(iv) maintenance costs.
"(D)
"(E)
"(i)
"(ii)
"(3)
"(A)
"(i) the term 'removable power source'—
"(I) means a power source that is separately installed in, and removable from, a zero emission vehicle; and
"(II) may include a battery, a fuel cell, an ultra-capacitor, or other advanced power source used in a zero emission vehicle; and
"(ii) the term 'zero emission vehicle' has the meaning given the term in section 5339(c) of title 49, United States Code.
"(B)
"(C)
"(D)
"(4)
"(A) an evaluation of the overall costs and benefits of leasing rolling stock; and
"(B) a comparison of the expected short-term and long-term maintenance costs of leasing versus buying rolling stock.
"(5)
"(d)
(a)
(1)
(2)
(A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and
(B) the recipient certifies complies with the rule issued under this section.
(3)
(b)
(1) a definition of the term "state of good repair" that includes objective standards for measuring the condition of capital assets of recipients, including equipment, rolling stock, infrastructure, and facilities;
(2) a requirement that recipients and subrecipients of Federal financial assistance under this chapter develop a transit asset management plan;
(3) a requirement that each designated recipient of Federal financial assistance under this chapter report on the condition of the system of the recipient and provide a description of any change in condition since the last report;
(4) an analytical process or decision support tool for use by public transportation systems that—
(A) allows for the estimation of capital investment needs of such systems over time; and
(B) assists with asset investment prioritization by such systems; and
(5) technical assistance to recipients of Federal financial assistance under this chapter.
(c)
(1)
(2)
(3)
(A) the progress of the recipient during the fiscal year to which the report relates toward meeting the performance targets established under paragraph (2) for that fiscal year; and
(B) the performance targets established by the recipient for the subsequent fiscal year.
(d)
(Added Pub. L. 112–141, div. B, §20019, July 6, 2012, 126 Stat. 707.)
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (c)(1) and (d), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Pub. L. 112–141, div. B, §20019, July 6, 2012, 126 Stat. 707, which directed that section 5326 of this title be amended generally, was executed by adding a new section 5326 to reflect the probable intent of Congress. A prior section 5326 was repealed by Pub. L. 109–59, title III, §3025(b), Aug. 10, 2005, 119 Stat. 1622.
A prior section 5326, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, §6(11), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, §3023(a), (b), June 9, 1998, 112 Stat. 364, related to turnkey system projects, acquisition of rolling stock, and procurement of associated capital maintenance items, prior to repeal by Pub. L. 109–59, title III, §3025(b), Aug. 10, 2005, 119 Stat. 1622.
Section 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.
(a)
(1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;
(2) a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping system;
(5) a change order procedure that includes a documented, systematic approach to the handling of construction change orders;
(6) organizational structures, management skills, and staffing levels required throughout the construction phase;
(7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting requirements;
(10) criteria and procedures to be used for testing the operational system or its major components;
(11) periodic updates of the plan, especially related to project budget and project schedule, financing, ridership estimates, and the status of local efforts to enhance ridership where ridership estimates partly depend on the success of those efforts;
(12) the recipient's commitment to submit a project budget and project schedule to the Secretary quarterly; and
(13) safety and security management.
(b)
(2) The Secretary shall inform the recipient of the reasons when a plan is disapproved.
(c)
(d)
(1) a definition of "major capital project" for section 5338(f) that excludes a project to acquire rolling stock or to maintain or rehabilitate a vehicle;
(2) a requirement that oversight—
(A) begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight; and
(B) be limited to quarterly reviews of compliance by the recipient with the project management plan approved under subsection (b) unless the Secretary finds that the recipient requires more frequent oversight because the recipient has failed to meet the requirements of such plan and the project may be at risk of going over budget or becoming behind schedule; and
(3) a process for recipients that the Secretary has found require more frequent oversight to return to quarterly reviews for purposes of paragraph (2)(B).
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, §6(12), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(17), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3024, June 9, 1998, 112 Stat. 364; Pub. L. 109–59, title III, §3026, Aug. 10, 2005, 119 Stat. 1622; Pub. L. 112–141, div. B, §20020, July 6, 2012, 126 Stat. 708; Pub. L. 114–94, div. A, title III, §3012, Dec. 4, 2015, 129 Stat. 1475.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5327(a) | 49 App.:1619(d), (e). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §23(b)–(g); added Apr. 2, 1987, Pub. L. 100–17, §324, 101 Stat. 236. |
5327(b) | 49 App.:1619(g). | |
5327(c)(1) | 49 App.:1619(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §23(a); added Apr. 2, 1987, Pub. L. 100–17, §324, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102–240, §3027, 105 Stat. 2115. |
5327(c)(2) | 49 App.:1619(h). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §23(h); added Nov. 21, 1989, Pub. L. 101–164, §340, 103 Stat. 1099. |
5327(c)(3) | 49 App.:1619(b). | |
5327(d) | 49 App.:1619(c). | |
5327(e) | 49 App.:1619(f). |
In subsection (a), before clause (1), the words "as required in each case by the Secretary" are omitted as surplus. In clause (11), the words "such items as" and "where applicable" are omitted as surplus.
In subsection (c)(1), the words "Beginning October 1, 1987" are omitted as executed. The words "with any person" are omitted as surplus.
In subsection (c)(2), the words "In addition to the purposes provided for under subsection (a) of this section" and "with any person" are omitted as surplus. The cross-reference to paragraph (1) is not changed. The cross-reference in 49 App.:1619(h), the source provision being restated in this subsection, is no longer correct, but is apparently still meant to apply to funds made available under 49 App.:1619(a).
In subsection (e), before clause (1), the text of 49 App.:1619(f) (2d sentence) is omitted as executed. In clause (1), The words "vehicles or other" and "the performance of" are omitted as surplus.
This amends 49:5327(c)(1) to correct an erroneous cross-reference.
This amends 49:5327(c) to correct an erroneous cross-reference.
2015—Subsec. (c). Pub. L. 114–94, §3012(1), which directed substitution of section "5338(f)" for "section 5338(i)", was executed by substituting "section 5338(f)" for "section 5338(i)", to reflect the probable intent of Congress.
Subsec. (d)(1). Pub. L. 114–94, §3012(2)(A)(i), which directed substitution of section 5338(f) for "section 5338(i)" without placing quotation marks around the language to be substituted, was executed by substituting "section 5338(f)" for "section 5338(i)", to reflect the probable intent of Congress.
Subsec. (d)(2), (3). Pub. L. 114–94, §3012(2)(A)(ii), (B), added pars. (2) and (3) and struck out former par. (2), which read as follows: "a requirement that oversight begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight."
2012—Subsec. (a). Pub. L. 112–141, §20020(1)(A), in introductory provisions, substituted "Federal financial assistance for a major capital project for public transportation under this chapter or any other provision of Federal law, a recipient must prepare a project management plan approved by the Secretary and carry out the project in accordance with the project management plan" for "United States Government financial assistance for a major capital project under this chapter or the National Capital Transportation Act of 1969 (Public Law 91–143, 83 Stat. 320), a recipient must prepare and carry out a project management plan approved by the Secretary of Transportation".
Subsec. (a)(12). Pub. L. 112–141, §20020(1)(B), substituted "quarterly" for "each month".
Subsec. (c). Pub. L. 112–141, §20020(2), (3), added subsec. (c) and struck out former subsec. (c) which related to limitations.
Subsec. (d). Pub. L. 112–141, §20020(2), (4), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to access to sites and records.
Subsec. (d)(1). Pub. L. 112–141, §20020(5)(A), substituted "section 5338(i)" for "subsection (c) of this section".
Subsec. (d)(2). Pub. L. 112–141, §20020(5)(B), substituted "project development phase" for "preliminary engineering stage" and "another phase" for "another stage".
Subsec. (e). Pub. L. 112–141, §20020(4), redesignated subsec. (e) as (d).
Subsec. (f). Pub. L. 112–141, §20020(2), struck out subsec. (f). Text read as follows: "A recipient of financial assistance for a project under this chapter with an estimated total cost of $1,000,000,000 or more shall submit to the Secretary an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project."
2005—Subsec. (a)(13). Pub. L. 109–59, §3026(a), added par. (13).
Subsec. (c). Pub. L. 109–59, §3026(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) specified limitations on use of available amounts for certain purposes.
1998—Subsec. (c)(2). Pub. L. 105–178, §3024(a), substituted "enter into contracts" for "make contracts" and inserted "and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section" before period at end of first sentence.
Subsec. (f). Pub. L. 105–178, §3024(b), added subsec. (f).
1996—Subsec. (c)(1). Pub. L. 104–287 substituted "to carry out a major project under section 5309" for "to carry out a major project under section 5307".
1994—Subsec. (c)(1). Pub. L. 103–429 substituted "section 5307, 5309, 5311, or 103(e)(4) or that Act" for "section 5307, 5309, 5311, or 103(e)(4) of that Act".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 107–87, title III, §319, Dec. 18, 2001, 115 Stat. 858, provided that: "Beginning in fiscal year 2002 and thereafter, the Secretary may use up to 1 percent of the amounts made available to carry out 49 U.S.C. 5309 for oversight activities under 49 U.S.C. 5327."
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 828; Pub. L. 104–205, title III, §336, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, §3009(h)(2), (3)(B), (C), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, §9009(h)(2), (3), July 22, 1998, 112 Stat. 856; Pub. L. 109–59, title III, §3027, Aug. 10, 2005, 119 Stat. 1623, related to project review and advancement by the Secretary.
Repeal 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.
(a)
(b)
(1)
(2)
(A) safety performance criteria for all modes of public transportation;
(B) the definition of the term "state of good repair" established under section 5326(b);
(C) minimum safety performance standards for public transportation vehicles used in revenue operations that—
(i) do not apply to rolling stock otherwise regulated by the Secretary or any other Federal agency; and
(ii) to the extent practicable, take into consideration—
(I) relevant recommendations of the National Transportation Safety Board; and
(II) recommendations of, and best practices standards developed by, the public transportation industry;
(D) minimum safety standards to ensure the safe operation of public transportation systems that—
(i) are not related to performance standards for public transportation vehicles developed under subparagraph (C); and
(ii) to the extent practicable, take into consideration—
(I) relevant recommendations of the National Transportation Safety Board;
(II) best practices standards developed by the public transportation industry;
(III) any minimum safety standards or performance criteria being implemented across the public transportation industry;
(IV) relevant recommendations from the report under section 3020 of the Federal Public Transportation Act of 2015; and
(V) any additional information that the Secretary determines necessary and appropriate; and
(E) a public transportation safety certification training program, as described in subsection (c).
(c)
(1)
(2)
(d)
(1)
(A) a requirement that the board of directors (or equivalent entity) of the recipient approve the agency safety plan and any updates to the agency safety plan;
(B) methods for identifying and evaluating safety risks throughout all elements of the public transportation system of the recipient;
(C) strategies to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions;
(D) a process and timeline for conducting an annual review and update of the safety plan of the recipient;
(E) performance targets based on the safety performance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2);
(F) assignment of an adequately trained safety officer who reports directly to the general manager, president, or equivalent officer of the recipient; and
(G) a comprehensive staff training program for the operations personnel and personnel directly responsible for safety of the recipient that includes—
(i) the completion of a safety training program; and
(ii) continuing safety education and training.
(2)
(3)
(A)
(B)
(e)
(1)
(2)
(A) a rail fixed guideway public transportation system within the jurisdiction of the State that is not subject to regulation by the Federal Railroad Administration; or
(B) a rail fixed guideway public transportation system in the engineering or construction phase of development within the jurisdiction of the State that will not be subject to regulation by the Federal Railroad Administration.
(3)
(A) assumes responsibility for overseeing rail fixed guideway public transportation safety;
(B) adopts and enforces Federal and relevant State laws on rail fixed guideway public transportation safety;
(C) establishes a State safety oversight agency;
(D) determines, in consultation with the Secretary, an appropriate staffing level for the State safety oversight agency that is commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems in the eligible State;
(E) requires that employees and other designated personnel of the eligible State safety oversight agency who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under subsection (c); and
(F) prohibits any public transportation agency from providing funds to the State safety oversight agency or an entity designated by the eligible State as the State safety oversight agency under paragraph (4).
(4)
(A)
(i) is financially and legally independent from any public transportation entity that the State safety oversight agency oversees;
(ii) does not directly provide public transportation services in an area with a rail fixed guideway public transportation system subject to the requirements of this section;
(iii) does not employ any individual who is also responsible for the administration of rail fixed guideway public transportation programs subject to the requirements of this section;
(iv) has the authority to review, approve, oversee, and enforce the implementation by the rail fixed guideway public transportation agency of the public transportation agency safety plan required under subsection (d);
(v) has investigative and enforcement authority with respect to the safety of rail fixed guideway public transportation systems of the eligible State;
(vi) audits, at least once triennially, the compliance of the rail fixed guideway public transportation systems in the eligible State subject to this subsection with the public transportation agency safety plan required under subsection (d); and
(vii) provides, at least once annually, a status report on the safety of the rail fixed guideway public transportation systems the State safety oversight agency oversees to—
(I) the Federal Transit Administration;
(II) the Governor of the eligible State; and
(III) the board of directors, or equivalent entity, of any rail fixed guideway public transportation system that the State safety oversight agency oversees.
(B)
(i) have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year; or
(ii) provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year.
(5)
(A) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, ensure uniform safety standards and enforcement procedures that shall be in compliance with this section, and establish and implement a State safety oversight program approved by the Secretary; or
(B) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, designate an entity having characteristics consistent with the characteristics described in paragraph (3) to carry out the State safety oversight program approved by the Secretary.
(6)
(A)
(B)
(i)
(ii)
(C)
(i)
(ii)
(iii)
(I) any Federal funds;
(II) any funds received from a public transportation agency; or
(III) any revenues earned by a public transportation agency.
(iv)
(7)
(A)
(B)
(C)
(D)
(i) shall notify the Governor of the eligible State of such denial of certification and failure to adequately modify the program, and shall request that the Governor take all possible actions to correct deficiencies in the program to ensure the certification of the program; and
(ii) may—
(I) withhold funds available under paragraph (6) in an amount determined by the Secretary;
(II) withhold not more than 5 percent of the amount required to be appropriated for use in a State or urbanized area in the State under section 5307 of this title, until the State safety oversight program has been certified; or
(III) require fixed guideway public transportation systems under such State safety oversight program to provide up to 100 percent of Federal assistance made available under this chapter only for safety-related improvements on such systems, until the State safety oversight program has been certified.
(8)
(A)
(B)
(i) transmit to the eligible State and affected recipient or recipients, a written explanation of the determination or subsequent finding, including any intention to withhold funding under this section, the amount of funds proposed to be withheld, and if applicable, a formal notice of a withdrawal of State safety oversight program approval; and
(ii) require the State to submit a State safety oversight program or modification for certification by the Secretary that meets the requirements of this subsection.
(C)
(i) withhold funds available under paragraph (6) in an amount determined by the Secretary;
(ii) beginning 1 year after the date of the determination, withhold not more than 5 percent of the amount required to be appropriated for use in a State or an urbanized area in the State under section 5307, until the State safety oversight program or modification has been certified; and
(iii) use any other authorities authorized under this chapter considered necessary and appropriate.
(D)
(9)
(A) the amount of funds apportioned to each eligible State; and
(B) the certification status of each State safety oversight program, including what steps a State program that has been denied certification must take in order to be certified.
(10)
(A) oversee the implementation of each State safety oversight program under this subsection;
(B) audit the operations of each State safety oversight agency at least once triennially; and
(C) issue rules to carry out this subsection.
(f)
(1) conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient;
(2) make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally;
(3) in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if—
(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with an ongoing criminal investigation; and
(B) the Attorney General—
(i) determines that the subpoena will not interfere with an ongoing criminal investigation; or
(ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A);
(4) require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency;
(5) investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents;
(6) at reasonable times and in a reasonable manner, enter and inspect equipment, facilities, rolling stock, operations, and relevant records of the public transportation system of a recipient; and
(7) issue rules to carry out this section.
(g)
(1)
(A) issuing directives;
(B) requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary;
(C) imposing more frequent reporting requirements;
(D) requiring that any Federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects; and
(E) withholding not more than 25 percent of financial assistance under section 5307.
(2)
(A)
(B)
(i) written notice of a violation and the amount proposed to be withheld; and
(ii) a reasonable period of time within which the recipient may address the violation or propose and initiate an alternative means of compliance that the Secretary determines is acceptable.
(h)
(1)
(2)
(3)
(i)
(j)
(1)
(A) a Federal standard of care established by a regulation or order issued by the Secretary under this section; or
(B) its own program, rule, or standard that it created pursuant to a rule or order issued by the Secretary.
(2)
(3)
(k)
(1) analyzes public transportation safety trends among the States and documents the most effective safety programs implemented using grants under this section; and
(2) describes the effect on public transportation safety of activities carried out using grants under this section.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 830; Pub. L. 109–59, title III, §3028(a), Aug. 10, 2005, 119 Stat. 1624; Pub. L. 112–141, div. B, §20021(a), July 6, 2012, 126 Stat. 709; Pub. L. 114–94, div. A, title III, §3013, Dec. 4, 2015, 129 Stat. 1476.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5329(a) | 49 App.:1618(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(a); added Jan. 6, 1983, Pub. L. 97–424, §318(b), 96 Stat. 2154; Dec. 18, 1991, Pub. L. 102–240, §3026(1), 105 Stat. 2114. |
5329(b) | 49 App.:1618(b). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(b); added Dec. 18, 1991, Pub. L. 102–240, §3026(2), 105 Stat. 2114. |
In subsection (a), the words "manner of" are omitted as surplus. The word "how" is substituted for "the means which might best be employed" to eliminate unnecessary words. The words "or eliminating" and "from the local public body" are omitted as surplus. The words "a plan is approved and carried out" are substituted for "he approves such plan and the local public body implements such plan" to eliminate unnecessary words.
In subsection (b)(1) and (2), the words "a description of" are added for clarity.
Section 3020 of the Federal Public Transportation Act of 2015, referred to in subsec. (b)(2)(D)(ii)(IV), is section 3020 of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1491, which is not classified to the Code.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (c)(2), (d)(2), (3)(B), (e)(7)(A), (j)(2), and (k), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
2015—Subsec. (b)(2)(D), (E). Pub. L. 114–94, §3013(1), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (e)(8) to (10). Pub. L. 114–94, §3013(2), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
Subsec. (f)(2). Pub. L. 114–94, §3013(3), which directed insertion of "or the public transportation industry generally" after "recipients", was executed by making the insertion after "recipient", to reflect the probable intent of Congress.
Subsec. (g)(1). Pub. L. 114–94, §3013(4)(A), substituted "a recipient" for "an eligible State, as defined in subsection (e)," in introductory provisions.
Subsec. (g)(1)(E). Pub. L. 114–94, §3013(4)(B)–(D), added subpar. (E).
Subsec. (g)(2)(A). Pub. L. 114–94, §3013(5), inserted "or withhold funds" after "use of funds" and "or (1)(E)" after "paragraph (1)(D)".
Subsec. (h). Pub. L. 114–94, §3013(6), added subsec. (h) and struck out former subsec. (h), which related to cost-benefit analysis.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to investigations of safety hazards and security risks.
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to investigations of safety hazards and security risks for provisions relating to investigation of safety hazards.
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Pub. L. 114–94, div. A, title III, §3022, Dec. 4, 2015, 129 Stat. 1493, provided that:
"(a)
"(b)
"(1) different safety needs of drivers of different modes;
"(2) differences in operating environments;
"(3) the use of technology to mitigate driver assault risks;
"(4) existing experience, from both agencies and operators that already are using or testing driver assault mitigation infrastructure; and
"(5) the impact of the rule on future rolling stock procurements and vehicles currently in revenue service.
"(c)
(a)
(1) States that have rail fixed guideway public transportation systems that are not subject to regulation by the Federal Railroad Administration; and
(2) States that are designing rail fixed guideway public transportation systems that will not be subject to regulation by the Federal Railroad Administration.
(b)
(c)
(1) establishes and is carrying out a safety program plan for each fixed guideway public transportation system in the State that establishes at least safety requirements, lines of authority, levels of responsibility and accountability, and methods of documentation for the system; and
(2) designates a State authority as having responsibility—
(A) to require, review, approve, and monitor the carrying out of each plan;
(B) to investigate hazardous conditions and accidents on the systems; and
(C) to require corrective action to correct or eliminate those conditions.
(d)
(e)
(2) If a State meets the requirements of subsection (c) of this section before the last day of the period for which an amount withheld under subsection (b) of this section remains available under paragraph (1) of this subsection, the Secretary, on the first day on which the State meets the requirements, shall apportion to the State the amount withheld that remains available for apportionment for use in the State. An amount apportioned under this paragraph remains available until the end of the 3d fiscal year after the fiscal year in which the amount is apportioned. An amount not obligated at the end of the 3-year period shall be apportioned for use in other States under section 5336 of this title.
(3) If a State does not meet the requirements of subsection (c) of this section at the end of the period for which an amount withheld under subsection (b) of this section remains available under paragraph (1) of this subsection, the amount shall be apportioned for use in other States under section 5336 of this title.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 831; Pub. L. 109–59, title III, §§3002(b)(4), 3029(a), Aug. 10, 2005, 119 Stat. 1545, 1625.)
Pub. L. 112–141, div. B, §20030(e), July 6, 2012, 126 Stat. 731, provided that, effective 3 years after the effective date of the final rules (Apr. 15, 2016) issued by the Secretary of Transportation under section 5329(e) of this title (see 81 F.R. 14230), this section is repealed.
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5330(a) | 49 App.:1624(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §28; added Dec. 18, 1991, Pub. L. 102–240, §3029, 105 Stat. 2116. |
5330(b) | 49 App.:1624(a). | |
5330(c) | 49 App.:1624(b)(1), (2). | |
5330(d) | 49 App.:1624(b)(3). | |
5330(e) | 49 App.:1624(c). | |
5330(f) | 49 App.:1624(e). |
In subsection (e)(1), the words "under subsection (a) of this section from apportionment for use in any State in a fiscal year" are omitted as surplus.
In subsection (e)(2) and (3), the words "from apportionment" and "for apportionment for use in a State" are omitted as surplus.
2005—Pub. L. 109–59, §3029(a)(1), substituted "State safety oversight" for "Withholding amounts for noncompliance with safety requirements" in section catchline.
Subsec. (a). Pub. L. 109–59, §3029(a)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "This section applies only to States that have rail fixed guideway mass transportation systems not subject to regulation by the Federal Railroad Administration."
Subsec. (c)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (d). Pub. L. 109–59, §3029(a)(2), substituted "shall ensure uniform safety standards and enforcement or shall designate" for "may designate".
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places.
Subsec. (f). Pub. L. 109–59, §3029(a)(3), struck out heading and text of subsec. (f). Text read as follows: "Not later than December 18, 1992, the Secretary shall prescribe regulations stating the requirements for complying with subsection (c) of this section."
Pub. L. 112–141, div. B, §20030(e), July 6, 2012, 126 Stat. 731, provided that the repeal of this section is effective 3 years after the effective date of the final rules (Apr. 15, 2016) issued by the Secretary of Transportation under section 5329(e) of this title (see 81 F.R. 14230).
(a)
(1) "controlled substance" means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) whose use the Secretary decides has a risk to transportation safety.
(2) "person" includes any entity organized or existing under the laws of the United States, a State, territory, or possession of the United States, or a foreign country.
(3) "public transportation" means any form of public transportation, except a form the Secretary decides is covered adequately, for employee alcohol and controlled substances testing purposes, under section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46. The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.
(b)
(B) When the Secretary considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of public transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a Government regulation.
(2) In prescribing regulations under this subsection, the Secretary—
(A) shall require that post-accident testing of such a public transportation employee be conducted when loss of human life occurs in an accident involving public transportation; and
(B) may require that post-accident testing of such a public transportation employee be conducted when bodily injury or significant property damage occurs in any other serious accident involving public transportation.
(c)
(A) to have used or been impaired by alcohol when on duty; or
(B) to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or regulation.
(2) This section does not supersede any penalty applicable to a public transportation employee under another law.
(d)
(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which individuals may be tested; and
(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;
(3) require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
(e)
(f)
(2) In prescribing regulations under this section, the Secretary—
(A) shall establish only requirements that are consistent with international obligations of the United States; and
(B) shall consider applicable laws and regulations of foreign countries.
(g)
(1)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 832; Pub. L. 103–429, §6(13), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–59, title III, §342(a), Nov. 28, 1995, 109 Stat. 608; Pub. L. 109–59, title III, §§3002(b)(3), (4), 3030, Aug. 10, 2005, 119 Stat. 1545, 1625; Pub. L. 112–141, div. B, §§20022, 20030(f), July 6, 2012, 126 Stat. 717, 731.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5331(a) | 49 App.:1618a(a). | Oct. 28, 1991, Pub. L. 102–143, §6, 105 Stat. 962. |
5331(b) | 49 App.:1618a(b). | |
5331(c) | 49 App.:1618a(f). | |
5331(d) | 49 App.:1618a(d). | |
5331(e) | 49 App.:1618a(c). | |
5331(f) | 49 App.:1618a(e). | |
5331(g) | 49 App.:1618a(g). |
In subsection (a), before clause (1), the text of 49 App.:1618a(a)(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (3), the words "controlled substances" are substituted for "drug" for consistency in this section.
In subsection (b)(1)(B), the word "also" is omitted as surplus.
In subsection (b)(2)(B), the words "may require" are substituted for "as determined by the Secretary" for clarity and to eliminate unnecessary words.
In subsection (d), the word "samples" is omitted as surplus.
In subsection (d)(2), before subclause (A), the word "subsequent" is omitted as surplus.
In subsection (d)(3), the words "of any individual" are omitted as surplus.
In subsection (d)(4), the words "by any individual" are omitted as surplus.
In subsection (d)(5), the word "tested" is substituted for "assayed" for consistency. The words "2d confirmation test" are substituted for "independent test" for clarity and consistency.
In subsection (d)(6), the word "Secretary" is substituted for "Department" for consistency in the revised title and with other titles of the United States Code.
In subsection (f)(1), the word "prescribe" is substituted for "adopt" for consistency in the revised title and with other titles of the Code. The word "rule" is omitted as being synonymous with "regulation". The word "ordinance" is omitted as being included in "law" and "regulation". The words "whether the provisions apply specifically to mass transportation employees, or to the general public" are omitted as surplus.
In subsection (f)(3), the word "prevent" is substituted for "restrict the discretion of" to eliminate unnecessary words.
In subsection (g) the words "in accordance with such regulations" are omitted as surplus.
This amends 49:5331(a)(3) to correct an erroneous cross-reference.
2012—Pub. L. 112–141, §20030(f), substituted "Secretary" for "Secretary of Transportation" wherever appearing.
Subsec. (g). Pub. L. 112–141, §20022, added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: "A person is not eligible for financial assistance under section 5307, 5309, or 5311 of this title if the person is required, under regulations the Secretary of Transportation prescribes under this section, to establish a program of alcohol and controlled substances testing and does not establish the program."
2005—Subsec. (a)(3). Pub. L. 109–59, §3030(a), substituted "section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46" for "section 20140 or 31306 of this title" and inserted at end "The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.".
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places.
Subsec. (b). Pub. L. 109–59, §3002(b)(3), substituted "Public" for "Mass" in heading.
Subsec. (b)(1)(A). Pub. L. 109–59, §3030(b), struck out "or section 103(e)(4) of title 23" after "5311 of this title".
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsecs. (b)(1)(B), (2), (c)(2), (e). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsec. (f)(3). Pub. L. 109–59, §3030(c), struck out par. (3) which read as follows: "This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by mass transportation employees."
Subsec. (g). Pub. L. 109–59, §3030(b), struck out "or section 103(e)(4) of title 23" after "5311 of this title".
1995—Subsec. (b)(1)(A). Pub. L. 104–59 added subpar. (A) and struck out former subpar. (A) which read as follows: "In the interest of mass transportation safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that establish a program requiring mass transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title or section 103(e)(4) of title 23 to conduct preemployment, reasonable suspicion, random, and post-accident testing of mass transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation."
1994—Subsec. (a)(3). Pub. L. 103–429 substituted "section 20140 or 31306" for "subchapter III of chapter 201 or section 31306".
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.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(a)
(b)
(c)
(2) When the Secretary decides that a person receiving financial assistance under this chapter is not complying with subsection (b) of this section, a civil rights law of the United States, or a regulation or order under that law, the Secretary shall notify the person of the decision and require action be taken to ensure compliance with subsection (b).
(d)
(1) direct that no further financial assistance of the United States Government under this chapter be provided to the person;
(2) refer the matter to the Attorney General with a recommendation that a civil action be brought;
(3) proceed under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or
(4) take any other action provided by law.
(e)
(1) a matter is referred to the Attorney General under subsection (d)(2) of this section; or
(2) the Attorney General believes a person is engaged in a pattern or practice in violation of this section.
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 834; Pub. L. 112–141, div. B, §§20023(a), 20030(g), July 6, 2012, 126 Stat. 717, 731.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5332(a) | 49 App.:1615(a)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §19; added Nov. 6, 1978, Pub. L. 95–599, §314, 92 Stat. 2750. |
5332(b) | 49 App.:1615(a)(1) (1st sentence). | |
5332(c) | 49 App.:1615(a)(2), (3)(A). | |
5332(d) | 49 App.:1615(a)(3)(B). | |
5332(e) | 49 App.:1615(a)(4). | |
5332(f) | 49 App.:1615(a)(1) (last sentence). |
In subsection (a), the words "the term" and "one or more" are omitted as surplus. The words "partnerships, associations, corporations" and "mutual companies, joint-stock companies" are omitted because of 1:1.
In subsection (b), the word "receiving" is substituted for "funded in whole or in part through" to eliminate unnecessary words.
In subsection (c)(2), the words "directly or indirectly", "issued", and "necessary" are omitted as surplus.
In subsection (d), before clause (1), the words "does not" are substituted for "fails or refuses to" to eliminate unnecessary words. The words "period of" and "pursuant to paragraph (a) of this subsection" are omitted as surplus. In clause (2), the word "appropriate" is omitted as surplus. In clause (3), the words "proceed under" are substituted for "exercise the powers and functions provided by" to eliminate unnecessary words.
In subsection (e), before clause (1), the words "in any appropriate district court of the United States" and "including injunctive relief" are omitted as surplus.
In subsection (f), the words "considered to be" and "and not in lieu of" are omitted as surplus.
The Civil Rights Act of 1964, referred to in subsecs. (d)(3) and (f), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
2012—Subsec. (b). Pub. L. 112–141, §20023(a)(1), substituted "religion" for "creed" and inserted "disability," after "sex,".
Subsec. (c)(1). Pub. L. 112–141, §20030(g), struck out "of Transportation" after "Secretary".
Subsec. (d)(3). Pub. L. 112–141, §20023(a)(2), substituted "or" for "and".
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.
(a)
(b)
(2) Arrangements under this subsection shall include provisions that may be necessary for—
(A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a worsening of their positions related to employment;
(D) assurances of employment to employees of acquired public transportation systems;
(E) assurances of priority of reemployment of employees whose employment is ended or who are laid off; and
(F) paid training or retraining programs.
(3) Arrangements under this subsection shall provide benefits at least equal to benefits established under section 11326 of this title.
(4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.
(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor's decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 835; Pub. L. 104–88, title III, §308(e), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105–178, title III, §3029(b)(9), June 9, 1998, 112 Stat. 372; Pub. L. 107–217, §3(n)(3), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, §§3002(b)(4), 3031, Aug. 10, 2005, 119 Stat. 1545, 1625; Pub. L. 112–141, div. B, §20030(h), July 6, 2012, 126 Stat. 731.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5333(a) | 49 App.:1609(a), (b). | July 9, 1964, Pub. L. 88–365, §13, 78 Stat. 307; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), (b)(2), 80 Stat. 715, 716; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. |
5333(b) | 49 App.:1609(c). |
In subsection (a), the words "take such action as may be necessary to", "the performance of", "the assistance of", and "at rates" are omitted as surplus. The word "same" is added for clarity. The words "duties and powers" are substituted for "authority and functions" for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the reference to sections 5307, 5308, 5310, and 5311 of the revised title is added for clarity because of 49 App.:1607a(e)(1), 1607a–2(a), 1612(b), and 1614(f), restated as sections 5307(n)(2), 5308(b)(1), 5310(a), and 5311(i) of the revised title. The reference to section 5312 is added for clarity because it is intended that 49 App.:1609(c) cover research, development, training, and demonstration projects. The words "terms and conditions of the protective" are omitted as surplus.
In subsection (b)(2), before clause (A), the words "without being limited to" are omitted as being included in "include". The words "such provisions as may be necessary for" are omitted as surplus. In clause (C), the word "individual" is omitted as surplus.
In subsection (b)(3), the words "section 11347 of this title" are substituted for and coextensive with "section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended" in section 13(c) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 307) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1466).
Reorganization Plan No. 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Government Organization and Employees.
Sections 5316 and 5328 of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 112–141, div. B, §20002(a), July 6, 2012, 126 Stat. 622.
2012—Subsec. (a). Pub. L. 112–141 substituted "sections 3141 through 3144" for "sections 3141–3144".
2005—Subsec. (b)(1). Pub. L. 109–59, §3031(1), substituted "5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)" for "5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)" in two places.
Subsec. (b)(2)(D). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (b)(4), (5). Pub. L. 109–59, §3031(2), added pars. (4) and (5).
2002—Subsec. (a). Pub. L. 107–217 substituted "sections 3141–3144, 3146, and 3147 of title 40" for "the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)" and "section 3145 of title 40" for "section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)".
1998—Subsec. (b)(1). Pub. L. 105–178 substituted "5338(b)" for "5338(j)(5)" in two places.
1995—Subsec. (b)(3). Pub. L. 104–88 substituted "11326" for "11347".
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.
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.
1 See References in Text note below.
(a)
(1) prescribe terms for a project that receives Federal financial assistance under this chapter (except terms the Secretary of Labor prescribes under section 5333(b) of this title);
(2) sue and be sued;
(3) foreclose on property or bring a civil action to protect or enforce a right conferred on the Secretary of Transportation by law or agreement;
(4) buy property related to a loan under this chapter;
(5) agree to pay an annual amount in place of a State or local tax on real property acquired or owned under this chapter;
(6) sell, exchange, or lease property, a security, or an obligation;
(7) obtain loss insurance for property and assets the Secretary of Transportation holds;
(8) consent to a modification in an agreement under this chapter;
(9) include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter;
(10) collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote public transportation and credit amounts collected to the appropriation concerned; and
(11) issue regulations as necessary to carry out the purposes of this chapter.
(b)
(1)
(2)
(c)
(2) Except for emergency regulations, the Secretary shall give interested parties at least 60 days to participate in a regulatory proceeding under this chapter by submitting written information, views, or arguments, with or without an oral presentation, except when the Secretary for good cause finds that public notice and comment are unnecessary because of the routine nature or insignificant impact of the regulation or that an emergency regulation should be issued. The Secretary may extend the 60-day period if the Secretary decides the period is insufficient to allow diligent individuals to prepare comments or that other circumstances justify an extension.
(3) An emergency regulation ends 120 days after it is issued.
(4) The Secretary shall comply with this subsection when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.
(d)
(1) submit each year a budget program as provided in section 9103 of title 31; and
(2) maintain a set of accounts for audit under chapter 35 of title 31.
(e)
(f)
(g)
(1) deprive a State or political subdivision of a State of jurisdiction of the property; or
(2) impair the civil rights, under the laws of a State or political subdivision of a State, of an inhabitant of the property.
(h)
(A) the asset will remain in public use for at least 5 years after the date the asset is transferred;
(B) there is no purpose eligible for assistance under this chapter for which the asset should be used;
(C) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and
(D) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land.
(2) A decision under paragraph (1) must be in writing and include the reason for the decision.
(3) This subsection is in addition to any other law related to using and disposing of a facility or equipment under an assistance agreement.
(4)
(A)
(B)
(C)
(i)
(2) The provisions of title 23 related to the non-Government share apply to amounts under title 23 used for public transportation projects. The provisions of this chapter related to the non-Government share apply to amounts under this chapter used for highway projects.
(j)
(k)
(1)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 836; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–316, title I, §127(a), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–178, title III, §§3023(c), 3025(a), (b)(1), (c), June 9, 1998, 112 Stat. 364, 365; Pub. L. 109–59, title III, §§3002(b)(4), 3032, Aug. 10, 2005, 119 Stat. 1545, 1626; Pub. L. 111–350, §5(o)(3), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 112–141, div. B, §§20024, 20030(i), July 6, 2012, 126 Stat. 718, 731.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5334(a) | 49 App.:1608(a) (1st sentence related to 12:1749a(c) (1)–(3) (1st sentence), (4)–(8), (10)). | July 9, 1964, Pub. L. 88–365, §12(a), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. |
5334(b) | 49 App.:1608(i)(1), (2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(i)(1), (2); added Apr. 2, 1987, Pub. L. 100–17, §318(a), 101 Stat. 233. |
49 App.:1608(i)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(i)(3); added Dec. 18, 1991, Pub. L. 102–240, §3017, 105 Stat. 2108. | |
5334(c) | 49 App.:1608(a) (1st sentence related to 12:1749a(a) (less proviso)). | |
5334(d) | 49 App.:1608(a) (1st sentence related to 12:1749a(b), last sentence). | |
5334(e) | 49 App.:1608(a) (1st sentence related to 12:1749a(a) (proviso)). | |
5334(f) | 49 App.:1608(a) (1st sentence related to 12:1749a(c)(3) (last sentence)). | |
5334(g) | 49 App.:1608(k). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(k); added Dec. 18, 1991, Pub. L. 102–240, §3018, 105 Stat. 2108. |
5334(h) | 49 App.:1607(k). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(k); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, §502(a), 106 Stat. 1566. |
5334(i) | 49 App.:1608 (note) (related to authority and functions reserved to Secretary of Housing and Urban Development). | Reorg. Plan No. 2 of 1968, eff. June 30, 1968, §1(a)(1) (related to authority and functions reserved to Secretary of Housing and Urban Development), 82 Stat. 1369. |
5334(j)(1) | 49 App.:1608(a) (1st sentence related to 12:1749a(e)). | |
5334(j)(2) | 49 App.:1608(a) (1st sentence related to 12:1749a(d)). |
In subsections (c)–(f), and (j), the relevant substantive provisions of 12:1749a are substituted for "shall . . . have the functions, powers, and duties set forth in section 1749a of title 12, except subsections (c)(2) and (f) of such section" for clarity. The reference to subsection (c)(2) is omitted as obsolete because section 201(d)(1) of the Housing and Community Development Technical Amendments Act of 1984 (Public Law 98–479, 98 Stat. 2228) repealed 12:1749a(c)(2). The words "(in addition to any authority otherwise vested in him)" are omitted as surplus.
In subsection (a), the text of 49 App.:1608(a) (1st sentence related to 12:1749a(c)(8)) is omitted as obsolete. Before clause (1), the words "carrying out this chapter" are substituted for "the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter" to eliminate unnecessary words. In clause (1), the words "(except terms the Secretary of Labor prescribes under section 5333(b) of this title)" are added for clarity because 49 App.:1608(a) only applies to the Secretary of Transportation and does not supersede the responsibility of the Secretary of Labor. In clause (3), the word "civil" is added for clarity. The words "contract, or other" are omitted as surplus. In clause (4), the words "bid for and . . . at any foreclosure or any other sale" are omitted as surplus. In clause (6), the words "at public or private sale", "real or personal", and "upon such terms as he may fix" are omitted as surplus. Clause (8) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(c)(7)) to eliminate unnecessary words. In clause (9), the word "provisions" is omitted as surplus. The words "carry out this chapter" are substituted for "assure that the purposes of this subchapter will be achieved" to eliminate unnecessary words.
In subsection (b), the words "regulatory" and "regulatory proceeding" are substituted for "rulemaking" for consistency in the revised title and because "rule" and "regulation" are synonymous.
In subsection (b)(1), the words "Federal Transit Administration" are substituted for "Urban Mass Transportation Administration" because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088). The words "also" and "required by the first sentence of this paragraph" are omitted as surplus.
In subsection (c), before clause (1), the words "In the performance of, and with respect to, the functions, powers, and duties vested in him by this subchapter . . . notwithstanding the provisions of any other law" are omitted as surplus. In clause (1), the words "prepare . . . and" and "for wholly owned Government corporations" are omitted as surplus.
Subsection (d) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(b) and last sentence) to eliminate unnecessary words.
In subsection (e), the words "such . . . as the making of loans" are omitted as surplus. The words "under this chapter" are added for clarity. The word "related" is substituted for "in connection with such financial transactions" to eliminate unnecessary words. The words "approved by the Secretary" are omitted as surplus. The word "binding" is substituted for "final and conclusive" to eliminate unnecessary words. The words "and employees" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (f), before clause (1), the words "in any way" are substituted for "complete, administer, remodel and convert, dispose of, lease and otherwise" to eliminate unnecessary words. In clause (1), the words "civil or criminal" are omitted as surplus. In clause (2), the words "political subdivision of a State" are substituted for "local" for consistency.
In subsection (g)(1), before clause (A), the words "facilities and equipment and other", "(including land)", and "first" are omitted as surplus.
In subsection (g)(3), the words "and not in lieu of" are omitted as surplus.
Subsection (i) is substituted for section 1(a)(1) (related to authority and functions reserved to Secretary of Housing and Urban Development) of Reorganization Plan No. 2 of 1968 to eliminate unnecessary words. The reference to 49 App.:1602(c)(1) is translated as a reference to 49 App.:1602(e)(1) because section 2(1) of the Urban Mass Transportation Assistance Act of 1970 (Public Law 91–453, 84 Stat. 962) redesignated subsection (c) as subsection (e). The references to 49 App.:1603(a) (1st sentence), 1604, and 1607c(b) and former 49 App.:1607a are omitted as obsolete because of section 103(a) of the National Mass Transportation Act of 1974 (Public Law 93–503, 88 Stat. 1567) and sections 303(b), 305(a), and 307 of the Federal Public Transportation Act of 1978 (Public Law 95–599, 92 Stat. 2737, 2743, 2747). Reference to 49 App.:1607c(c) is omitted because it was enacted after the Reorganization Plan and was not intended to be within the scope of the Plan.
Subsection (j)(1) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(e)) to eliminate unnecessary words.
The date of enactment of this paragraph, referred to in subsec. (h)(4)(C), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.
2012—Subsec. (a)(1). Pub. L. 112–141, §20024(1), substituted "that receives Federal financial assistance under this chapter" for "under sections 5307 and 5309–5311 of this title".
Subsec. (b)(1). Pub. L. 112–141, §20024(2), inserted "or for purposes of establishing and enforcing a program to improve the safety of public transportation systems in the United States as described in section 5329," after "emergency," and substituted "chapter. The Secretary may not" for "chapter, nor may the Secretary".
Subsec. (c)(1). Pub. L. 112–141, §20030(i)(1), substituted "Secretary shall prepare" for "Secretary of Transportation shall prepare" and "Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives" for "Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate".
Subsec. (c)(2). Pub. L. 112–141, §20030(i)(1)(A), substituted "Secretary shall give" for "Secretary of Transportation shall give".
Subsec. (c)(4). Pub. L. 112–141, §§20030(i)(1)(A), 20024(3), substituted "Secretary shall comply" for "Secretary of Transportation shall comply" and "subsection" for "section (except subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b), and 5325(f)".
Subsec. (d). Pub. L. 112–141, §20030(i)(2), struck out "of Transportation" after "Secretary" in introductory provisions.
Subsec. (e). Pub. L. 112–141, §20030(i)(3), struck out "of Transportation" after "The Secretary".
Subsec. (f). Pub. L. 112–141, §20030(i)(4), struck out "of Transportation" after "Secretary".
Subsec. (g). Pub. L. 112–141, §20030(i)(5), in introductory provisions, struck out "of Transportation" after "Secretary".and substituted "paragraph (3) or (4) of subsection (a)" for "subsection (a)(3) or (4) of this section".
Subsec. (h)(1). Pub. L. 112–141, §20030(i)(6)(A), struck out "of Transportation" after "acquired, the Secretary" in introductory provisions.
Subsec. (h)(2). Pub. L. 112–141, §20030(i)(6)(B), struck out "of this section" after "paragraph (1)".
Subsec. (h)(3). Pub. L. 112–141, §20024(4), substituted "any other" for "another".
Subsec. (i)(1). Pub. L. 112–141, §§20024(5), 20030(i)(7), substituted "title 23 may" for "title 23 shall" and "Secretary under this chapter" for "Secretary of Transportation under this chapter".
Subsec. (j). Pub. L. 112–141, §20030(i)(8), which directed substitution of "Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives" for "Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate and Committees on Transportation and Infrastructure and Appropriations of the House of Representatives" in subsec. (j) as redesignated by section 20025 of Pub. L. 112–141, was executed to subsec. (j) as redesignated by section 20024 of Pub. L. 112–141, to reflect the probable intent of Congress.
Pub. L. 112–141, §20024(6), (7), redesignated subsec. (k) as (j) and struck out former subsec. (j). Prior to amendment, text read as follows:
"(1) Section 9107(a) of title 31 applies to the Secretary of Transportation under this chapter.
"(2) Section 6101(b) to (d) of title 41 applies to a contract for more than $1,000 for services or supplies related to property acquired under this chapter."
Subsecs. (k), (l). Pub. L. 112–141, §20024(7), redesignated subsecs. (k) and (l) as (j) and (k), respectively.
2011—Subsec. (j)(2). Pub. L. 111–350 substituted "Section 6101(b) to (d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".
2005—Subsec. (a)(10). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(11). Pub. L. 109–59, §3032(1), added par. (11).
Subsec. (b). Pub. L. 109–59, §3032(4), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 109–59, §3032(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(4). Pub. L. 109–59, §3032(5), added par. (4) and struck out former par. (4) which read as follows: "The Secretary of Transportation shall comply with this section (except subsections (h) and (i)) and sections 5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d) when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact."
Subsecs. (d) to (f). Pub. L. 109–59, §3032(3), redesignated subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, §3032(3), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1), (4)(A). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (h). Pub. L. 109–59, §3032(3), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in pars. (1) and (2).
Subsec. (i). Pub. L. 109–59, §3032(2), (3), redesignated subsec. (h) as (i) and struck out heading and text of former subsec. (i). Text read as follows: "The Secretary of Housing and Urban Development shall—
"(1) carry out section 5312(a) and (b)(1) of this title related to—
"(A) urban transportation systems and planned development of urban areas; and
"(B) the role of transportation planning in overall urban planning; and
"(2) advise and assist the Secretary of Transportation in making findings under section 5323(a)(1)(A) of this title."
Subsecs. (k), (l). Pub. L. 109–59, §3032(6), added subsecs. (k) and (l).
1998—Pub. L. 105–178, §3025(b)(1), inserted "provisions" after "Administrative" in section catchline.
Subsec. (a)(10). Pub. L. 105–178, §3025(a), added par. (10).
Subsec. (b)(4). Pub. L. 105–178, §3023(c), substituted "5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d)" for "5323(a)(2), (c) and (e), 5324(c), and 5325 of this title".
Subsec. (g)(4). Pub. L. 105–178, §3025(c), added par. (4).
1996—Subsec. (b)(1). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Subsec. (c)(2). Pub. L. 104–316 substituted "for" for "the Comptroller General shall".
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.
(a)
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 838; Pub. L. 104–287, §5(9), (18), Oct. 11, 1996, 110 Stat. 3389, 3390; Pub. L. 104–316, title I, §127(b), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–178, title III, §3026, June 9, 1998, 112 Stat. 365; Pub. L. 109–59, title III, §§3002(b)(4), 3033(a), Aug. 10, 2005, 119 Stat. 1545, 1627; Pub. L. 112–141, div. B, §§20025(a), 20030(j), July 6, 2012, 126 Stat. 718, 731.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5335(a) | 49 App.:1608(j). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(j); added Apr. 2, 1987, Pub. L. 100–17, §319, 101 Stat. 234. |
49 App.:1611(a). | July 9, 1964, Pub. L. 88–365, §15(a), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §§2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91–453, §7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93–503, §111, 88 Stat. 1573. | |
49 App.:1611(b). | July 9, 1964, Pub. L. 88–365, §15(b), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §§2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91–453, §7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93–503, §111, 88 Stat. 1573; Jan. 6, 1983, Pub. L. 97–424, §304(c), 96 Stat. 2150. | |
5335(b) | 49 App.:1603(b)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(b)(1); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2738; restated Apr. 2, 1987, Pub. L. 100–17, §307, 101 Stat. 226; Dec. 18, 1991, Pub. L. 102–240, §3006(h) (1), 105 Stat. 2090. |
5335(c) | 49 App.:1623(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §27; added Dec. 18, 1991, Pub. L. 102–240, §3028, 105 Stat. 2115. |
5335(d) | 49 App.:1623(b). |
In subsection (a), the text of 49 App.:1608(j) is omitted as superseded by 31:ch. 75.
In subsection (a)(1), the words "by January 10, 1977" are omitted as executed. The word "maintain" is substituted for "develop, test, and prescribe" for clarity. The text of 49 App.:1611(a) (3d and 4th sentences) is omitted as executed. The words "or data as he deems" and "public or private" are omitted as surplus.
In subsection (a)(2), the words "After July 1, 1978" are omitted as executed. The reference to 49 App.:1604 is omitted as obsolete. The words "for such grant", "or organization", "each . . . both", and "prescribed under subsection (a) of this section" are omitted as surplus.
In subsection (b)(1), the words "commitments, and reservations" are omitted as surplus.
In subsection (b)(2) and (3), the words "uncommitted, and unreserved" are omitted as surplus.
In subsection (b)(3) and (5), the words "last day" are substituted for "close" for consistency.
In subsection (b)(4), the words "a listing of" are omitted as surplus.
In subsection (b)(5), the words "a status report on all" are omitted as surplus.
In subsection (b)(6), the words "a status report on", "a letter of credit or other", and "already" are omitted as surplus.
In subsection (d), before clause (1), the words "the transferability provisions of" are omitted as surplus.
This amends 49:5335(d)(2)(B) to amend an erroneous cross-reference.
2012—Subsec. (a). Pub. L. 112–141, §§20025(a)(1), 20030(j), struck out "of Transportation" after "the Secretary" and substituted "public transportation financial, operating, and asset condition information" for "public transportation financial and operating information".
Subsec. (c). Pub. L. 112–141, §20025(a)(2), added subsec. (c).
2005—Pub. L. 109–59, §3033(a), substituted "National transit database" for "Reports and audits" in section catchline, redesignated pars. (1) and (2) of subsec. (a) as subsecs. (a) and (b), respectively, inserted subsec. (b) heading, substituted "The Secretary may award a grant under section 5307 or 5311" for "The Secretary may make a grant under section 5307 of this title" in subsec. (b), and struck out former subsec. (b) which related to submission of a report in January- 1993, on carrying out former section 5307(b)(5) of this title.
Subsec. (a)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
1998—Subsec. (a). Pub. L. 105–178, §3026(a)(1), substituted "National Transit Database" for "Reporting System and Uniform System of Accounts and Records" in heading.
Subsec. (a)(1). Pub. L. 105–178, §3026(a)(2), substituted "using uniform categories" for "by uniform categories," and "and using a uniform system of accounts" for "and a uniform system of accounts and records".
Subsecs. (b) to (d). Pub. L. 105–178, §3026(b), redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c) which related to quarterly reports and biennial needs report, respectively.
1996—Subsec. (b). Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation" in introductory provisions.
Subsec. (c). Pub. L. 104–316 struck out "and in January of every 2d year after 1993" after "In January 1993" in introductory provisions.
Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation" in introductory provisions.
Subsec. (d). Pub. L. 104–316 struck out "and in January of every 2d year after 1993" after "In January 1993" in introductory provisions.
Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation" in introductory provisions.
Subsec. (d)(2)(B). Pub. L. 104–287, §5(18), substituted "Americans with Disabilities Act" for "Americans With Disabilities Act".
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.
Pub. L. 112–141, div. B, §20025(b), July 6, 2012, 126 Stat. 718, provided that: "The Secretary [of Transportation] shall—
"(1) develop and implement appropriate internal control activities to ensure that public transportation safety incident data is reported accurately and reliably by public transportation systems and State safety oversight agencies to the State Safety Oversight Rail Accident Database; and
"(2) report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives within 1 year of enactment of the Federal Public Transportation Act of 2012 [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways] on the steps taken to improve the accuracy and reliability of public transportation safety incident data reported to the State Safety Oversight Rail Accident Database."
(a)
(1) 9.32 percent shall be apportioned each fiscal year only in urbanized areas with a population of less than 200,000 so that each of those areas is entitled to receive an amount equal to—
(A) 50 percent of the total amount apportioned multiplied by a ratio equal to the population of the area divided by the total population of all urbanized areas with populations of less than 200,000 as shown in the most recent decennial census; and
(B) 50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile; and
(2) 90.68 percent shall be apportioned each fiscal year only in urbanized areas with populations of at least 200,000 as provided in subsections (b) and (c) of this section.
(b)
(2) Of the amount apportioned under subsection (a)(2) of this section, 33.29 percent shall be apportioned as follows:
(A) 95.61 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(i) 60 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all areas; and
(ii) 40 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway directional route miles attributable to the area, established by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all areas.
An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.
(B) 4.39 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(i) the number of fixed guideway vehicle passenger miles traveled multiplied by the number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in an area; divided by
(ii) the total number of fixed guideway vehicle passenger miles traveled multiplied by the total number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in all areas.
An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.
(C) Under subparagraph (A) of this paragraph, fixed guideway vehicle revenue or directional route miles, and passengers served on those miles, in an urbanized area with a population of less than 200,000, where the miles and passengers served otherwise would be attributable to an urbanized area with a population of at least 1,000,000 in an adjacent State, are attributable to the governmental authority in the State in which the urbanized area with a population of less than 200,000 is located. The authority is deemed an urbanized area with a population of at least 200,000 if the authority makes a contract for the service.
(D) A recipient's apportionment under subparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Secretary that energy or operating efficiencies would be achieved, reduces vehicle revenue miles but provides the same frequency of revenue service to the same number of riders.
(E) For purposes of subparagraph (A) and section 5337(c)(3), the Secretary shall deem to be attributable to an urbanized area not less than 27 percent of the fixed guideway vehicle revenue miles or fixed guideway directional route miles in the public transportation system of a recipient that are located outside the urbanized area for which the recipient receives funds, in addition to the fixed guideway vehicle revenue miles or fixed guideway directional route miles of the recipient that are located inside the urbanized area.
(c)
(1) 90.8 percent of the total amount apportioned under this subsection shall be apportioned as follows:
(A) 73.39 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 1,000,000 is entitled to receive an amount equal to—
(i) 50 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas;
(ii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown in the most recent decennial census; and
(iii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile.
(B) 26.61 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 200,000 but not more than 999,999 is entitled to receive an amount equal to—
(i) 50 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas;
(ii) 25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown by the most recent decennial census; and
(iii) 25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile.
(2) 9.2 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(A) the number of bus passenger miles traveled multiplied by the number of bus passenger miles traveled for each dollar of operating cost in an area; divided by
(B) the total number of bus passenger miles traveled multiplied by the total number of bus passenger miles traveled for each dollar of operating cost in all areas.
(d)
(1) apportion amounts appropriated under section 5338(a)(2)(C) of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and
(2) publish apportionments of the amounts, including amounts attributable to each urbanized area with a population of more than 50,000 and amounts attributable to each State of a multistate urbanized area, on the apportionment date.
(e)
(f)
(2) The Governor of a State may transfer any part of the State's apportionment under section 5311(c)(3) to supplement amounts apportioned to the State under subsection (a)(1) of this section.
(3) The Governor of a State may use throughout the State amounts of a State's apportionment remaining available for obligation at the beginning of the 90-day period before the period of the availability of the amounts expires.
(4) A designated recipient for an urbanized area with a population of at least 200,000 may transfer a part of its apportionment under this section to the Governor of a State. The Governor shall distribute the transferred amounts to urbanized areas under this section.
(5) Capital and operating assistance limitations applicable to the original apportionment apply to amounts transferred under this subsection.
(g)
(h)
(1) $30,000,000 shall be set aside each fiscal year to carry out section 5307(h);
(2) 3.07 percent shall be apportioned to urbanized areas in accordance with subsection (j);
(3) of amounts not apportioned under paragraphs (1) and (2)—
(A) for fiscal years 2016 through 2018, 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); and
(B) for fiscal years 2019 and 2020, 2 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);
(4) 0.5 percent shall be apportioned to eligible States for State safety oversight program grants in accordance with section 5329(e)(6); and
(5) any amount not apportioned under paragraphs (1), (2), (3), and (4) shall be apportioned to urbanized areas in accordance with subsections (a) through (c).
(i)
(1)
(A)
(B)
(i) Passenger miles traveled per vehicle revenue mile.
(ii) Passenger miles traveled per vehicle revenue hour.
(iii) Vehicle revenue miles per capita.
(iv) Vehicle revenue hours per capita.
(v) Passenger miles traveled per capita.
(vi) Passengers per capita.
(2)
(A)
(i) the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to
(ii) the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999.
(B)
(j)
(1) 75 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more in the ratio that—
(A) the number of eligible low-income individuals in each such urbanized area; bears to
(B) the number of eligible low-income individuals in all such urbanized areas.
(2) 25 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of less than 200,000 in the ratio that—
(A) the number of eligible low-income individuals in each such urbanized area; bears to
(B) the number of eligible low-income individuals in all such urbanized areas.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 840; Pub. L. 104–287, §5(19), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §§3027(a), (b), 3029(b)(10), (11), June 9, 1998, 112 Stat. 366, 373; Pub. L. 109–59, title III, §§3002(b)(4), 3034, Aug. 10, 2005, 119 Stat. 1545, 1627; Pub. L. 110–244, title II, §201(l), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, §20026, July 6, 2012, 126 Stat. 719; Pub. L. 113–159, title I, §1202, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, §1202, May 29, 2015, 129 Stat. 223; Pub. L. 114–41, title I, §1202, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, §1202, Oct. 29, 2015, 129 Stat. 573; Pub. L. 114–87, title I, §1202, Nov. 20, 2015, 129 Stat. 682; Pub. L. 114–94, div. A, title III, §3014, Dec. 4, 2015, 129 Stat. 1478.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5336(a)(1) | 49 App.:1607a(a)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(a); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2141; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(a), 105 Stat. 2106. |
49 App.:1607a(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(b)(1)–(3), (c)–(e)(1), (m)(2); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2141, 2147; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238. | |
5336(a)(2) | 49 App.:1607a(a)(2). | |
5336(b)(1) | 49 App.:1607a(b)(2) (last sentence). | |
5336(b)(2)(A) | 49 App.:1607a(b)(1), (2) (1st sentence). | |
5336(b)(2)(B) | 49 App.:1607a(b)(3) (1st sentence). | |
5336(b)(2)(C) | 49 App.:1607a(b)(2) (2d sentence), (3) (last sentence). | |
5336(b)(2)(D) | 49 App.:1607a(b)(2) (3d sentence). | |
5336(b)(2)(E) | 49 App.:1607a(b)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(b)(4); added Dec. 18, 1991, Pub. L. 102–240, §3013(b), 105 Stat. 2106. |
5336(c)(1) | 49 App.:1607a(c)(1), (2), (d) (last sentence). | |
5336(c)(2) | 49 App.:1607a(c)(3). | |
5336(d)(1) | 49 App.:1607a (k)(2)(A). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(2)(A); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§312(c)(1), (2), 327(b), 101 Stat. 228, 238. |
5336(d)(2) | 49 App.:1607a (k)(2)(B). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(2)(B); added Apr. 2, 1987, Pub. L. 100–17, §312(c)(3), 101 Stat. 228; Dec. 18, 1991, Pub. L. 102–240, §3013(i), 105 Stat. 2107. |
49 App.:1607a (k)(2)(C). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(2)(C); added Apr. 2, 1987, Pub. L. 100–17, §312(c)(3), 101 Stat. 228. | |
5336(e) | 49 App.:1607a(q). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(q); added Apr. 2, 1987, Pub. L. 100–17, §312(e), 101 Stat. 229. |
5336(f) | 49 App.:1607a(m)(2). | |
5336(g) | 49 App.:1607a(n). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(n); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§312(d), 327(b), 101 Stat. 229, 238. |
5336(h) | 49 App.:1607a(t). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(t); added Dec. 18, 1991, Pub. L. 102–240, §3013(k), 105 Stat. 2108. |
5336(i) | 49 App.:1607a(o). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(o); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§311, 327(b), 101 Stat. 228, 238. |
5336(j) | 49 App.:1607a(e)(1). | |
5336(k) | 49 App.:1607a(s). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(s); added Dec. 18, 1991, Pub. L. 102–240, §3013(j), 105 Stat. 2108. |
In this section, the word "apportioned" is substituted for "available", "shall be available for expenditure", "made available", and "made available for expenditure" for clarity and consistency in this chapter.
In subsection (a)(1), before subclause (A), the words "the sum of" are omitted as surplus.
In subsection (b)(2)(D), the word "provided" is omitted as surplus. The words "is deemed" are substituted for "as if . . . were" for consistency in the revised title and with other titles of the United States Code. The words "directly or indirectly" are omitted as surplus.
In subsection (c)(1)(B), before clause (i), the words "of at least 200,000" are added for clarity.
In subsection (d)(1)(D), the words "Notwithstanding the preceding sentence" and "each fiscal year" are omitted as surplus.
In subsection (d)(2), the words "Beginning on October 1, 1991" are omitted as executed. The words "paragraph (1) of this subsection" are substituted for "under this section that may be used for operating assistance by urbanized areas" to eliminate unnecessary words. The words "(if any)" are omitted as surplus. The words "Secretary of Labor" are substituted for "Department of Labor" because of 29:551. The text of 49 App.:1607a(k)(2)(B) (2d sentence) is omitted as executed. The text of 49 App.:1607a(k)(2)(B) (last sentence) is omitted as surplus.
In subsection (e)(1), the words "under section 5338(f) of this title" are added for clarity. The words "in accordance with the provisions of this section" are omitted as surplus.
In subsection (e)(2), the words "established by the preceding sentence" are omitted as surplus.
In subsection (g)(1) and (2), the word "part" is substituted for "amount" for clarity.
In subsection (g)(4), the words "including areas of 200,000 or more population" are omitted as surplus.
In subsection (h), the words "in each fiscal year beginning after September 30, 1991" are omitted as obsolete.
In subsection (i), the words "the close of" are omitted as surplus.
In subsection (j), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The words "condition, limitation, or other" and "for programs of projects" are omitted as surplus.
In subsection (k), the text of 49 App.:1607a(s)(1) is omitted as obsolete.
This amends 49:5336(b)(2) to clarify the restatement of 49 App.:1607a(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 840).
2015—Subsec. (a). Pub. L. 114–94, §3014(1), substituted "subsection (h)(5)" for "subsection (h)(4)" in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 114–94, §3014(2), substituted "27 percent" for "22.27 percent".
Subsec. (h)(1). Pub. L. 114–94, §3014(3)(A), added par. (1) and struck out former par. (1), which read as follows: "$30,000,000 for each fiscal year ending before October 1, 2015, and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be set aside to carry out section 5307(h);".
Pub. L. 114–87 substituted "and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73 substituted "and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41 substituted "for each fiscal year ending before October 1, 2015, and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "for each fiscal year ending before October 1, 2014, and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21 substituted "and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (h)(3). Pub. L. 114–94, §3014(3)(B), added par. (3) and struck out former par. (3), which read as follows: "of amounts not apportioned under paragraphs (1) and (2), 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);".
2014—Subsec. (h)(1). Pub. L. 113–159 inserted "for each fiscal year ending before October 1, 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be set aside".
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to apportionment of appropriations for formula grants and consisted of subsecs. (a) to (k).
2008—Subsec. (a). Pub. L. 110–244, §201(l)(1)(A), in introductory provisions, substituted "Of the amount apportioned under subsection (i)(2) to carry out section 5307—" for "Of the amount apportioned under subsection (i)(2)—".
Subsec. (a)(2). Pub. L. 110–244, §201(l)(2), amended Pub. L. 109–59, §3034(d)(2). See 2005 Amendment note below.
Subsec. (c). Pub. L. 110–244, §201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
Subsec. (d)(1). Pub. L. 110–244, §201(l)(1)(B), substituted "subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338" for "subsections (a) and (h)(2) of section 5338".
Subsec. (k). Pub. L. 110–244, §201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
2005—Subsec. (a). Pub. L. 109–59, §3034(d)(1), which directed amendment of subsec. (a) by substituting "to carry out section 5307" for "of this title", could not be executed because of prior amendment by Pub. L. 109–59, §3034(a)(4). See below.
Pub. L. 109–59, §3034(a)(4), substituted "Of the amount apportioned under subsection (i)(2)" for "Of the amount made available or appropriated under section 5338(a) of this title" in introductory provisions.
Subsec. (a)(2). Pub. L. 109–59, §3034(d)(2), as amended by Pub. L. 110–244, §201(l)(2), inserted before period at end ", except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations".
Subsec. (b)(1). Pub. L. 109–59, §3034(d)(3), inserted "and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations" before period at end.
Subsec. (c). Pub. L. 109–59, §3034(c), added at end of section subsec. (c) relating to study on incentives in formula programs.
Subsecs. (d) to (f). Pub. L. 109–59, §3034(a)(1), (2), redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: "[Reserved.]".
Subsec. (g). Pub. L. 109–59, §3034(a)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (f).
Subsec. (g)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (h). Pub. L. 109–59, §3034(d)(4), substituted "a grant made with funds apportioned under" for "a grant made under" in two places.
Pub. L. 109–59, §3034(a)(1), (2), redesignated subsec. (j) as (h) and struck out heading and text of former subsec. (h). Text read as follows: "If sufficient amounts are available, the Secretary of Transportation shall change apportionments under this section between the Mass Transit Account of the Highway Trust Fund and the general fund to ensure that each recipient receives from the general fund at least as much operating assistance made available each fiscal year under this section as the recipient is eligible to receive."
Subsec. (i). Pub. L. 109–59, §3034(a)(3), added subsec. (i). Former subsec. (i) redesignated (g).
Subsec. (j). Pub. L. 109–59, §3034(b), added subsec. (j). Former subsec. (j) redesignated (h).
Subsec. (k). Pub. L. 109–59, §3034(a)(1), struck out heading and text of subsec. (k). Text read as follows: "An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal year ending September 30, 1993, is eligible to receive—
"(1) 50 percent of the amount the area would have received if the area had been an urbanized area as defined by section 5302(a)(13) of this title; and
"(2) an amount equal to 50 percent of the amount that the State in which the area is located would have received if the area had been an area other than an urbanized area."
1998—Pub. L. 105–178, §3027(a), substituted "formula grants" for "block grants" in section catchline.
Subsec. (a). Pub. L. 105–178, §3029(b)(10), substituted "5338(a) of this title" for "5338(f) of this title" in introductory provisions.
Subsec. (d). Pub. L. 105–178, §3027(b), amended subsec. (d) generally, substituting "[Reserved.]" for former provisions relating to operating assistance.
Subsec. (e)(1). Pub. L. 105–178, §3029(b)(11), substituted "subsections (a) and (h)(2) of section 5338" for "section 5338(f)".
1996—Subsec. (b)(2)(A), (B). Pub. L. 104–287, §5(19)(A), inserted at end "An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph."
Subsec. (b)(2)(C) to (E). Pub. L. 104–287, §5(19)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C) which read as follows: "An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subsection."
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
Amendment by section 201(l)(2) of Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Pub. L. 105–178, title III, §3033, June 9, 1998, 112 Stat. 386, required the Secretary of Transportation to conduct a study on the success of the formula used to apportion funds to urbanized areas and to submit a report no later than Dec. 31, 1999.
(a)
(1)
(A) using and occupying a separate right-of-way for the exclusive use of public transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
(2)
(3)
(4)
(A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and
(B) the recipient certifies that the recipient complies with the rule issued under section 5326(d).
(b)
(1)
(A) rolling stock;
(B) track;
(C) line equipment and structures;
(D) signals and communications;
(E) power equipment and substations;
(F) passenger stations and terminals;
(G) security equipment and systems;
(H) maintenance facilities and equipment;
(I) operational support equipment, including computer hardware and software;
(J) development and implementation of a transit asset management plan; and
(K) other replacement and rehabilitation projects the Secretary determines appropriate.
(2)
(c)
(1)
(2)
(A)
(B)
(C)
(3)
(A)
(B)
(C)
(4)
(A)
(B)
(5)
(6)
(A)
(B)
(7)
(d)
(1)
(2)
(3)
(A)
(B)
(C)
(4)
(5)
(e)
(1)
(2)
(A) in cash from non-Government sources;
(B) from revenues derived from the sale of advertising and concessions; or
(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 844; Pub. L. 103–429, §6(14), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 102–240, title III, §3049(b), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §§3028, 3029(b)(12), June 9, 1998, 112 Stat. 366, 373; Pub. L. 105–206, title IX, §9009(p), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, §8(b)(2), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 109–59, title III, §3035(a), Aug. 10, 2005, 119 Stat. 1629; Pub. L. 110–244, title II, §201(m), June 6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV, §435, Mar. 18, 2010, 124 Stat. 89; Pub. L. 111–322, title II, §2305, Dec. 22, 2010, 124 Stat. 3528; Pub. L. 112–5, title III, §305, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, §135, Sept. 16, 2011, 125 Stat. 352; Pub. L. 112–102, title III, §305, Mar. 30, 2012, 126 Stat. 277; Pub. L. 112–140, title III, §305, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, §20027, div. G, title III, §113005, July 6, 2012, 126 Stat. 723, 985; Pub. L. 114–94, div. A, title III, §3015, Dec. 4, 2015, 129 Stat. 1478.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5337(a) | 49 App.:1602(h) (1)–(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(h)(1)–(6); added Aug. 22, 1974, Pub. L. 93–503, §110, 88 Stat. 1573; Nov. 6, 1978, Pub. L. 95–599, §302(d), 92 Stat. 2737; restated Dec. 18, 1991, Pub. L. 102–240, §3008, 105 Stat. 2091. |
5337(b) | 49 App.:1602(h)(5). | |
5337(c) | 49 App.:1602(h)(6). | |
5337(d) | 49 App.:1602(h)(7). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(h)(7); added Oct. 6, 1992, Pub. L. 102–388, §502(c), 106 Stat. 1566. |
In subsection (a), the words "for expenditure" are omitted for consistency in this chapter. Before clause (1), the reference to fiscal year 1992 is omitted as obsolete.
In subsection (c), the words "Notwithstanding any other provision of law" are omitted as surplus. The word "paragraph" in the source provision is translated as it were "subsection" to reflect the apparent intent of Congress.
In subsection (d)(1), the words "for obligation", "a period of", and "the close of" are omitted as surplus.
This amends 49:5337(a)(4) to correct an erroneous cross-reference.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (c)(2)(B), (4)(B), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Section 3028(a) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 366), referred to in subsec. (c)(6)(B), amended generally subsec. (a) of this section. See 1998 Amendment note below.
2015—Subsec. (c)(1). Pub. L. 114–94, §3015(b)(1), substituted "5338(a)(2)(K)" for "5338(a)(2)(I)".
Subsec. (c)(2)(B). Pub. L. 114–94, §3015(a)(1), inserted "the provisions of" before "section 5336(b)(1)".
Subsec. (d)(2). Pub. L. 114–94, §3015(a)(2)(A), (b)(2), substituted "5338(a)(2)(K)" for "5338(a)(2)(I)" and inserted "vehicle" after "motorbus".
Subsec. (d)(5). Pub. L. 114–94, §3015(a)(2)(B), added par. (5).
Subsec. (e). Pub. L. 114–94, §3015(a)(3), added subsec. (e).
2012—Pub. L. 112–141, §20027, amended section generally. Prior to amendment, section related to apportionment based on fixed guideway factors.
Subsec. (g). Pub. L. 112–141, §113005, struck out subsec. (g). Text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning on October 1, 2011, and ending on June 30, 2012, in accordance with subsection (a), except that the Secretary shall apportion 75 percent of each dollar amount specified in subsection (a)."
Pub. L. 112–140, §§1(c), 305, temporarily amended subsec. (g) generally, enacting similar provisions but directing the Secretary to apportion 76 percent of each dollar amount specified in subsec. (a) for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 amended subsec. (g) generally. Prior to amendment, text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning on October 1, 2011, and ending on March 31, 2012, in accordance with subsection (a), except that the Secretary shall apportion 50 percent of each dollar amount specified in subsection (a)."
2011—Subsec. (a). Pub. L. 112–30, §135(1), substituted "2012" for "2011" in introductory provisions.
Pub. L. 112–5, §305(1), substituted "2011" for "2010" in introductory provisions.
Subsec. (g). Pub. L. 112–30, §135(2), added subsec. (g).
Pub. L. 112–5, §305(2), struck out subsec. (g). Text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending March 4, 2011, in accordance with subsection (a), except that the Secretary shall apportion 155/365ths of each dollar amount specified in subsection (a)."
2010—Subsec. (a). Pub. L. 111–147, §435(1), substituted "2010" for "2009" in introductory provisions.
Subsec. (g). Pub. L. 111–322 amended subsec. (g) generally. Prior to amendment, text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending December 31, 2010, in accordance with subsection (a), except that the Secretary shall apportion 25 percent of each dollar amount specified in subsection (a)."
Pub. L. 111–147, §435(2), added subsec. (g).
2008—Subsec. (a). Pub. L. 110–244 substituted "for each of fiscal years 2005 through 2009" for "for each of fiscal years 1998 through 2003" in introductory provisions.
2005—Pub. L. 109–59, §3035(a)(1), substituted "Apportionment based on fixed guideway factors" for "Apportionment of appropriations for fixed guideway modernization" in section catchline.
Subsec. (f). Pub. L. 109–59, §3035(a)(2), added subsec. (f).
2003—Subsec. (e). Pub. L. 108–88 struck out subsec. (e) relating to special rule.
1998—Subsec. (a). Pub. L. 105–178, §3028(c), as added by Pub. L. 105–206, in par. (2)(B), substituted "(e)(1)" for "(e)", in par. (3)(D), substituted "(2)(B)" for "(2)(B)(ii)" and "(e)(1)" for "(e)", in par. (4), substituted "(e)(1)" for "(e)", and in pars. (5) to (7), substituted "(e)(2)" for "(e)" wherever appearing.
Pub. L. 105–178, §3028(a), amended heading and text of subsec. (a) generally, substituting provisions relating to distribution for fiscal years 1998 through 2003 for provisions relating to percentage distribution for fiscal years ending Sept. 30, 1993–1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.
Subsec. (e). Pub. L. 105–178, §3028(b), added subsec. (e) relating to route segments to be included in apportionment formulas.
Subsec. (e)(1). Pub. L. 105–178, §3029(b)(12), which directed substitution of "subsections (b) and (h)(4) of section 5338" for "section 5338(f)", could not be executed because "section 5338(f)" does not appear in text.
1997—Subsec. (a). Pub. L. 102–240, §3049(b)(1), as added by Pub. L. 105–130, inserted "and for the period of October 1, 1997, through March 31, 1998," after "1997," in introductory provisions.
Subsec. (e). Pub. L. 102–240, §3049(b)(2), as added by Pub. L. 105–130, added subsec. (e).
1994—Subsec. (a)(4). Pub. L. 103–429 substituted "section 5336(b)(2)(A) of this title" for "section 5336(B)(2)(A)".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by section 20027 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113005 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 108–310, §8(b), Sept. 30, 2004, 118 Stat. 1154, provided for pro rata apportionment for fixed guideway modernization to reflect partial fiscal year 2005 funding.
Pub. L. 108–88, §8(b)(1), Sept. 30, 2003, 117 Stat. 1121, as amended by Pub. L. 108–202, §9(b), Feb. 29, 2004, 118 Stat. 485; Pub. L. 108–224, §7(b), Apr. 30, 2004, 118 Stat. 633; Pub. L. 108–263, §7(b), June 30, 2004, 118 Stat. 704, which directed the Secretary of Transportation to determine the amount that each urbanized area would be apportioned for fixed guideway modernization under section 5337 of this title on a pro rata basis reflecting partial fiscal year 2004 funding made available under section 5338 of this title, was repealed by Pub. L. 108–280, §7(b), July 30, 2004, 118 Stat. 882.
(a)
(1)
(A) $9,347,604,639 for fiscal year 2016;
(B) $9,534,706,043 for fiscal year 2017;
(C) $9,733,353,407 for fiscal year 2018;
(D) $9,939,380,030 for fiscal year 2019; and
(E) $10,150,348,462 for fiscal year 2020.
(2)
(A) $130,732,000 for fiscal year 2016, $133,398,933 for fiscal year 2017, $136,200,310 for fiscal year 2018, $139,087,757 for fiscal year 2019, and $142,036,417 for fiscal year 2020, shall be available to carry out section 5305;
(B) $10,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012;
(C) $4,538,905,700 for fiscal year 2016, $4,629,683,814 for fiscal year 2017, $4,726,907,174 for fiscal year 2018, $4,827,117,606 for fiscal year 2019, and $4,929,452,499 for fiscal year 2020 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;
(D) $262,949,400 for fiscal year 2016, $268,208,388 for fiscal year 2017, $273,840,764 for fiscal year 2018, $279,646,188 for fiscal year 2019, and $285,574,688 for fiscal year 2020 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310;
(E) $2,000,000 for fiscal year 2016, $3,000,000 for fiscal year 2017, $3,250,000 for fiscal year 2018, $3,500,000 for fiscal year 2019 and $3,500,000 for fiscal year 2020 shall be available for the pilot program for innovative coordinated access and mobility under section 3006(b) of the Federal Public Transportation Act of 2015;
(F) $619,956,000 for fiscal year 2016, $632,355,120 for fiscal year 2017, $645,634,578 for fiscal year 2018, $659,322,031 for fiscal year 2019, and $673,299,658 for fiscal year 2020 shall be available to provide financial assistance for rural areas under section 5311, of which not less than—
(i) $35,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5311(c)(1); and
(ii) $20,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5311(c)(2);
(G) $28,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5312, of which—
(i) $3,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5312(h); and
(ii) $5,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5312(i);
(H) $9,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5314; of which $5,000,000 shall be available for the national transit institute under section 5314(c);
(I) $3,000,000 for each of fiscal years 2016 through 2020 shall be available for bus testing under section 5318;
(J) $4,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5335;
(K) $2,507,000,000 for fiscal year 2016, $2,549,670,000 for fiscal year 2017, $2,593,703,558 for fiscal year 2018, $2,638,366,859 for fiscal year 2019, and $2,683,798,369 for fiscal year 2020 shall be available to carry out section 5337;
(L) $427,800,000 for fiscal year 2016, $436,356,000 for fiscal year 2017, $445,519,476 for fiscal year 2018, $454,964,489 for fiscal year 2019, and $464,609,736 for fiscal year 2020 shall be available for the bus and buses facilities program under section 5339(a);
(M) $268,000,000 for fiscal year 2016, $283,600,000 for fiscal year 2017, $301,514,000 for fiscal year 2018, $322,059,980 for fiscal year 2019, and $344,044,179 for fiscal year 2020 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or low emission grants under section 5339(c), of which $55,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5339(c); and
(N) $536,261,539 for fiscal year 2016, $544,433,788 for fiscal year 2017, $552,783,547 for fiscal year 2018, $561,315,120 for fiscal year 2019 and $570,032,917 for fiscal year 2020, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—
(i) $272,297,083 for fiscal year 2016, $279,129,510 for fiscal year 2017, $286,132,747 for fiscal year 2018, $293,311,066 for fiscal year 2019, $300,668,843 for fiscal year 2020 shall be for growing States under section 5340(c); and
(ii) $263,964,457 for fiscal year 2016, $265,304,279 for fiscal year 2017, $266,650,800 for fiscal year 2018, $268,004,054 for fiscal year 2019, $269,364,074 for fiscal year 2020 shall be for high density States under section 5340(d).
(b)
(c)
(d)
(e)
(1)
(2)
(3)
(f)
(1)
(A) 0.5 percent of amounts made available to carry out section 5305.
(B) 0.75 percent of amounts made available to carry out section 5307.
(C) 1 percent of amounts made available to carry out section 5309.
(D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).
(E) 0.5 percent of amounts made available to carry out section 5310.
(F) 0.5 percent of amounts made available to carry out section 5311.
(G) 1 percent of amounts made available to carry out section 5337, of which not less than 0.25 percent of amounts made available for this subparagraph shall be available to carry out section 5329.
(H) 0.75 percent of amounts made available to carry out section 5339.
(2)
(A) Activities to oversee the construction of a major capital project.
(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.
(C) Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.
(3)
(4)
(g)
(1)
(2)
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 845; Pub. L. 104–287, §5(20), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 102–240, §3049(c), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §3029(a), (c), June 9, 1998, 112 Stat. 368; Pub. L. 105–206, title IX, §9009(q), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, §8(c), (e)–(g), (i), (k), Sept. 30, 2003, 117 Stat. 1121–1124; Pub. L. 108–202, §9(c), (e)–(g), (i), (k), Feb. 29, 2004, 118 Stat. 485–487; Pub. L. 108–224, §7(c), (e)–(g), (i), (k), Apr. 30, 2004, 118 Stat. 633–636; Pub. L. 108–263, §7(c), (e)–(g), (i), (k), June 30, 2004, 118 Stat. 704–707; Pub. L. 108–280, §7(c), (e)–(g), (i), (k), July 30, 2004, 118 Stat. 882–884; Pub. L. 108–310, §8(c), (e)–(g), (i), (k), Sept. 30, 2004, 118 Stat. 1154–1157; Pub. L. 109–14, §7(b), (d)–(f), (h), (j), May 31, 2005, 119 Stat. 331–333; Pub. L. 109–20, §7(b), (d)–(f), (h), (j), July 1, 2005, 119 Stat. 353–355; Pub. L. 109–35, §7(b), (d)–(f), (h), (j), July 20, 2005, 119 Stat. 386–388; Pub. L. 109–37, §7(b), (d)–(f), (h), (j), July 22, 2005, 119 Stat. 401–403; Pub. L. 109–40, §7(b), (d)–(f), (h), (j), July 28, 2005, 119 Stat. 417–419; Pub. L. 109–42, §5(a), July 30, 2005, 119 Stat. 436; Pub. L. 109–59, title III, §3036, Aug. 10, 2005, 119 Stat. 1629; Pub. L. 110–244, title II, §201(n), June 6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV, §436, Mar. 18, 2010, 124 Stat. 90; Pub. L. 111–322, title II, §2306, Dec. 22, 2010, 124 Stat. 3528; Pub. L. 112–5, title III, §306, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, §136, Sept. 16, 2011, 125 Stat. 352; Pub. L. 112–102, title III, §306, Mar. 30, 2012, 126 Stat. 278; Pub. L. 112–140, title III, §306, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, §20028, div. G, title III, §113006, July 6, 2012, 126 Stat. 726, 985; Pub. L. 113–159, title I, §1203, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, §1203, May 29, 2015, 129 Stat. 223; Pub. L. 114–41, title I, §1203, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, §1203, Oct. 29, 2015, 129 Stat. 573; Pub. L. 114–87, title I, §1203, Nov. 20, 2015, 129 Stat. 682; Pub. L. 114–94, div. A, title III, §3016, Dec. 4, 2015, 129 Stat. 1479.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5338(a) | 49 App.:1617(a) (less availability). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §21; added Jan. 6, 1983, Pub. L. 97–424, §302(a), 96 Stat. 2140; Apr. 2, 1987, Pub. L. 100–17, §328, 101 Stat. 238; restated Dec. 18, 1991, Pub. L. 102–240, §3025, 105 Stat. 2112; Oct. 6, 1992, Pub. L. 102–388, §502(m)–(q), 106 Stat. 1567. |
5338(b) | 49 App.:1617(b) (less availability). | |
5338(c) | 49 App.:1625(d) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §29(d); added Dec. 18, 1991, Pub. L. 102–240, §6022, 105 Stat. 2185. |
5338(d) | 49 App.:1607c(c)(6). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §11(c)(6); added Dec. 18, 1991, Pub. L. 102–240, §6024, 105 Stat. 2189; Sept. 23, 1992, Pub. L. 102–368, §801, 106 Stat. 1131. |
5338(e)(1) | 49 App.:1607c(b) (8)(B)(iii), (13) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §11(b) (8)(B)(iii), (10)(C), (13); added Dec. 18, 1991, Pub. L. 102–240, §6023, 105 Stat. 2186, 2187, 2188. |
5338(e)(2) | 49 App.:1607c(b) (1)(C). | |
5338(f) | 49 App.:1617(g). | |
5338(g)–(i) | 49 App.:1617(c) (less availability), (d) (less availability), (e). | |
5338(j)(1) | 49 App.:1612(b) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(b) (last sentence); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 968; Aug. 13, 1973, Pub. L. 93–87, §301(g), 87 Stat. 296; restated Nov. 6, 1978, Pub. L. 95–599, §311(a), 92 Stat. 2748; Jan. 6, 1983, Pub. L. 97–424, §317(a), 96 Stat. 2153. |
5338(j)(2) | 49 App.:1612(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(d); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 968; Dec. 18, 1991, Pub. L. 102–240, §3021(5), 105 Stat. 2110. |
5338(j)(3) | 49 App.:1603(c) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(c) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2739; Dec. 18, 1991, Pub. L. 102–240, §3006(h)(1), 105 Stat. 2090. |
5338(j)(4) | 49 App.:1617(f) (less availability). | |
5338(j)(5) | 49 App.:1602(m) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(m) (1st sentence); added Dec. 18, 1991, Pub. L. 102–240, §3009, 105 Stat. 2093. |
5338(k) | 49 App.:1607c(b)(13) (last sentence). | |
49 App.:1617(b)(4). | ||
49 App.:1625(d) (last sentence). | ||
5338(l)(1) | 49 App.:1614(a) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(a) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749. |
5338(l)(2) | 49 App.:1617(a)–(d), (f) (as (a)–(d), (f) relate to availability). | |
5338(l)(3) | 49 App.:1607a–2(c). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9B(c); added Apr. 2, 1987, Pub. L. 100–17, §313, 101 Stat. 229. |
In this section, references to fiscal year 1992 are omitted as obsolete.
In subsections (a)(1) and (b)(1), before each clause (A), the word "only" is omitted as surplus.
In subsection (a)(1), before clause (A), the words "for the Secretary of Transportation" are added or clarity and consistency.
In subsections (a)(2) and (b)(2), before each clause (A), and (d), before clause (1), the words "to the Secretary" are added for clarity and consistency.
In subsections (b)(1), before clause (A), and (e)(1), the words "for the Secretary" are added for clarity and consistency.
In subsection (d), the text of 49 App.:1607c(c)(6) (last sentence) is omitted as obsolete.
In subsection (e)(1), the word "section" in the source provision is translated as if it were "subsection" to reflect the apparent intent of Congress.
In subsection (h)(3), the words "relating to university transportation centers" are omitted as surplus.
In subsection (j)(2), the words "set aside and" and "exclusively" are omitted as surplus. The word "mass" is added for consistency in this chapter.
In subsection (k)(1), the words "Notwithstanding any other provision of law" in 49 App.:1607c(b)(13) (last sentence) and 1625(d) (last sentence) are omitted as surplus. The words "financed with" are added for clarity.
In subsection (k)(2), the words "that is financed with" are added for clarity.
In subsection (l)(3)(A), the words "for obligation by the recipient", "a period of", and "the close of" are omitted as surplus.
This amends 49:5338(g)(2) to correct an erroneous cross-reference.
Section 20005(b) of the Federal Public Transportation Act of 2012, referred to in subsec. (a)(1), (2)(B), is section 20005(b) of Pub. L. 112–141, which is set out as a note under section 5303 of this title.
Section 3006(b) of the Federal Public Transportation Act of 2015, referred to in subsec. (a)(1), (2)(E), is section 3006(b) of Pub. L. 114–94, which is set out as a note under section 5310 of this title.
Section 3005(b) of the Federal Public Transportation Act of 2015, referred to in subsec. (d), is section 3005(b) of Pub. L. 114–94, which is set out as a note under section 5309 of this title.
Section 601 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (f)(1)(D), is section 601 of div. B of Pub. L. 110–432, Oct. 16, 2008, 122 Stat. 4968, which is not classified to the Code.
2015—Pub. L. 114–94 amended section generally, substituting provisions relating to fiscal years 2016 to 2020 for provisions relating to fiscal years 2013 to 2015.
Subsec. (a)(1). Pub. L. 114–87, §1203(a)(1), substituted "and $1,526,434,426 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $1,197,663,934 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(a)(1), substituted "and $1,197,663,934 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $681,024,590 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(a)(1), substituted "$8,595,000,000 for fiscal year 2015, and $681,024,590 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $7,158,575,342 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(a)(1), substituted "and $7,158,575,342 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $5,722,150,685 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (a)(2)(A). Pub. L. 114–87, §1203(a)(2)(A), substituted "and $22,874,317 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $17,947,541 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(A), substituted "and $17,947,541 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $10,205,464 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(A), substituted "$128,800,000 for fiscal 2015, and $10,205,464 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $107,274,521 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(A), substituted "and $107,274,521 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $85,749,041 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(B). Pub. L. 114–87, §1203(a)(2)(B), substituted "and $1,775,956 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $1,393,443 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(B), substituted "and $1,393,443 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $792,350 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(B), substituted "for each of fiscal years 2013 through 2015 and $792,350 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "for each of fiscal years 2013 and 2014 and $8,328,767 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(B), substituted "and $8,328,767 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $6,657,534 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(C). Pub. L. 114–87, §1203(a)(2)(C), substituted "and $791,836,749 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $621,287,295 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(C), substituted "and $621,287,295 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $353,281,011 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(C), substituted "$4,458,650,000 for fiscal year 2015, and $353,281,011 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $3,713,505,753 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(C), substituted "and $3,713,505,753 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $2,968,361,507 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(D). Pub. L. 114–87, §1203(a)(2)(D), substituted "and $45,872,951 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $35,992,623 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(D), substituted "and $35,992,623 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $20,466,393 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(D), substituted "$258,300,000 for fiscal year 2015, and $20,466,393 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $215,132,055 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(D), substituted "and $215,132,055 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $171,964,110 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(E). Pub. L. 114–87, §1203(a)(2)(E), substituted "and $107,942,623 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $84,693,443 for the period beginning on October 1, 2015, and ending on November 20, 2015,", "and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,", and "and $3,551,913 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $2,786,885 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(E), substituted "and $84,693,443 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $48,159,016 for the period beginning on October 1, 2015, and ending on October 29, 2015,", "and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,", and "and $2,786,885 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $1,584,699 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(E), substituted "$607,800,000 for fiscal year 2015, and $48,159,016 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $506,222,466 for the period beginning on October 1, 2014, and ending on July 31, 2015,", "$30,000,000 for fiscal year 2015, and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,", and "$20,000,000 for fiscal year 2015, and $1,584,699 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $16,657,534 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(E), substituted "and $506,222,466 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $404,644,932 for the period beginning on October 1, 2014, and ending on May 31, 2015,", "and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,", and "and $16,657,534 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $13,315,068 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(F). Pub. L. 114–87, §1203(a)(2)(F), substituted "and $532,787 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $418,033 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(F), substituted "and $418,033 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $237,705 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(F), substituted "each of fiscal years 2013 through 2015 and $237,705 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and $2,498,630 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(F), substituted "and $2,498,630 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $1,997,260 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(G). Pub. L. 114–87, §1203(a)(2)(G), substituted "and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(G), substituted "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(G), substituted "each of fiscal years 2013 through 2015 and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(G), substituted "and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(H). Pub. L. 114–87, §1203(a)(2)(H), substituted "and $683,743 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $536,475 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(H), substituted "and $536,475 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $305,055 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(H), substituted "each of fiscal years 2013 through 2015 and $305,055 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and $3,206,575 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(H), substituted "and $3,206,575 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $2,563,151 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(I). Pub. L. 114–87, §1203(a)(2)(I), substituted "and $384,654,372 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $301,805,738 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(I), substituted "and $301,805,738 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $171,615,027 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(I), substituted "$2,165,900,000 for fiscal year 2015, and $171,615,027 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $1,803,927,671 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(I), substituted "and $1,803,927,671 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $1,441,955,342 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(J). Pub. L. 114–87, §1203(a)(2)(J), substituted "and $75,975,410 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $59,611,475 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(J), substituted "and $59,611,475 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $33,896,721 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(J), substituted "$427,800,000 for fiscal year 2015, and $33,896,721 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $356,304,658 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(J), substituted "and $356,304,658 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $284,809,315 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(K). Pub. L. 114–87, §1203(a)(2)(K), substituted "and $93,397,541 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $73,281,148 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(K), substituted "and $73,281,148 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $41,669,672 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(K), substituted "$525,900,000 for fiscal year 2015, and $41,669,672 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $438,009,863 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(K), substituted "and $438,009,863 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $350,119,726 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (b). Pub. L. 114–87, §1203(b), substituted "and $12,431,694 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $9,754,098 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(b), substituted "and $9,754,098 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $5,546,448 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(b), substituted "$70,000,000 for fiscal year 2015, and $5,546,448 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $58,301,370 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(b), substituted "and $58,301,370 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $46,602,740 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (c). Pub. L. 114–87, §1203(c), substituted "and $1,243,169 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(c), substituted "and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(c), substituted "$7,000,000 for fiscal year 2015, and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $5,830,137 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(c), substituted "and $5,830,137 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (d). Pub. L. 114–87, §1203(d), substituted "and $1,243,169 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(d), substituted "and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(d), substituted "$7,000,000 for fiscal year 2015, and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $5,830,137 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(d), substituted "and $5,830,137 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (e). Pub. L. 114–87, §1203(e), substituted "and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(e), substituted "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(e), substituted "$5,000,000 for fiscal year 2015, and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(e), substituted "and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (g). Pub. L. 114–87, §1203(f), substituted "and $338,674,863 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $265,729,508 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(f), substituted "and $265,729,508 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $151,101,093 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(f), substituted "$1,907,000,000 for fiscal year 2015, and $151,101,093 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $1,558,295,890 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(f), substituted "and $1,558,295,890 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $1,269,591,781 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (h)(1). Pub. L. 114–87, §1203(g)(1), substituted "and $18,469,945 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $14,491,803 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(g)(1), substituted "and $14,491,803 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $8,240,437 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(g)(1), substituted "$104,000,000 for fiscal year 2015, and $8,240,437 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $86,619,178 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(g)(1), substituted "and $86,619,178 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $69,238,356 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (h)(2). Pub. L. 114–87, §1203(g)(2), substituted "and not less than $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and not less than $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(g)(2), substituted "and not less than $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and not less than $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(g)(2), substituted "each of fiscal years 2013 through 2015 and not less than $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and not less than $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(g)(2), substituted "and not less than $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and not less than $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (h)(3). Pub. L. 114–87, §1203(g)(3), substituted "and not less than $177,596 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and not less than $139,344 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(g)(3), substituted "and not less than $139,344 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and not less than $79,235 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(g)(3), substituted "each of fiscal years 2013 through 2015 and not less than $79,235 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and not less than $832,877 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(g)(3), substituted "and not less than $832,877 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and not less than $665,753 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
2014—Subsec. (a)(1). Pub. L. 113–159, §1203(a)(1), substituted ", $8,595,000,000 for fiscal year 2014, and $5,722,150,685 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $8,595,000,000 for fiscal year 2014".
Subsec. (a)(2)(A). Pub. L. 113–159, §1203(a)(2)(A), substituted ", $128,800,000 for fiscal year 2014, and $85,749,041 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $128,800,000 for fiscal year 2014".
Subsec. (a)(2)(B). Pub. L. 113–159, §1203(a)(2)(B), inserted "and $6,657,534 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014".
Subsec. (a)(2)(C). Pub. L. 113–159, §1203(a)(2)(C), substituted ", $4,458,650,000 for fiscal year 2014, and $2,968,361,507 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $4,458,650,000 for fiscal year 2014".
Subsec. (a)(2)(D). Pub. L. 113–159, §1203(a)(2)(D), substituted ", $258,300,000 for fiscal year 2014, and $171,964,110 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $258,300,000 for fiscal year 2014".
Subsec. (a)(2)(E). Pub. L. 113–159, §1203(a)(2)(E), substituted ", $607,800,000 for fiscal year 2014, and $404,644,932 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $607,800,000 for fiscal year 2014", ", $30,000,000 for fiscal year 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $30,000,000 for fiscal year 2014", and ", $20,000,000 for fiscal year 2014, and $13,315,068 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $20,000,000 for fiscal year 2014".
Subsec. (a)(2)(F). Pub. L. 113–159, §1203(a)(2)(F), inserted "and $1,997,260 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014".
Subsec. (a)(2)(G). Pub. L. 113–159, §1203(a)(2)(G), inserted "and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014".
Subsec. (a)(2)(H). Pub. L. 113–159, §1203(a)(2)(H), inserted "and $2,563,151 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014".
Subsec. (a)(2)(I). Pub. L. 113–159, §1203(a)(2)(I), substituted ", $2,165,900,000 for fiscal year 2014, and $1,441,955,342 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $2,165,900,000 for fiscal year 2014".
Subsec. (a)(2)(J). Pub. L. 113–159, §1203(a)(2)(J), substituted ", $427,800,000 for fiscal year 2014, and $284,809,315 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $427,800,000 for fiscal year 2014".
Subsec. (a)(2)(K). Pub. L. 113–159, §1203(a)(2)(K), substituted ", $525,900,000 for fiscal year 2014, and $350,119,726 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $525,900,000 for fiscal year 2014".
Subsec. (b). Pub. L. 113–159, §1203(b), substituted ", $70,000,000 for fiscal year 2014, and $46,602,740 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $70,000,000 for fiscal year 2014".
Subsec. (c). Pub. L. 113–159, §1203(c), substituted ", $7,000,000 for fiscal year 2014, and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $7,000,000 for fiscal year 2014".
Subsec. (d). Pub. L. 113–159, §1203(d), substituted ", $7,000,000 for fiscal year 2014, and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $7,000,000 for fiscal year 2014".
Subsec. (e). Pub. L. 113–159, §1203(e), substituted ", $5,000,000 for fiscal year 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $5,000,000 for fiscal year 2014".
Subsec. (g). Pub. L. 113–159, §1203(f), substituted ", $1,907,000,000 for fiscal year 2014, and $1,269,591,781 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $1,907,000,000 for fiscal year 2014".
Subsec. (h)(1). Pub. L. 113–159, §1203(g)(1), substituted ", $104,000,000 for fiscal year 2014, and $69,238,356 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $104,000,000 for fiscal year 2014".
Subsec. (h)(2). Pub. L. 113–159, §1203(g)(2), inserted "for each of fiscal years 2013 and 2014 and not less than $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be available".
Subsec. (h)(3). Pub. L. 113–159, §1203(g)(3), inserted "for each of fiscal years 2013 and 2014 and not less than $665,753 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be available".
2012—Pub. L. 112–141, §20028, amended section generally. Prior to amendment, section related to authorizations and consisted of subsecs. (a) to (g).
Subsec. (b)(1)(G). Pub. L. 112–141, §113006(a)(1), added subpar. (G) and struck out former subpar. (G) which read as follows: "$6,270,423,750 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 306(a)(1), temporarily added subpar. (G), which made available $6,354,029,400 for the period beginning on Oct. 1, 2011, and ending on July 6, 2012, and struck out former subpar. (G) which read as follows: "$6,270,423,750 for the period beginning on October 1, 2011, and ending on June 30, 2012." See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(1), added subpar. (G) and struck out former subpar. (G) which read as follows: "$4,180,282,500 for the period beginning on October 1, 2011, and ending on March 31, 2012."
Subsec. (b)(2)(A). Pub. L. 112–141, §113006(a)(2)(A), substituted "and $113,500,000 for each of fiscal years 2009 through 2012" for "$113,500,000 for each of fiscal years 2009 through 2011, and $85,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(A), temporarily substituted "$86,260,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$85,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(A), substituted "$113,500,000 for each of fiscal years 2009 through 2011, and $85,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$113,500,000 for each of fiscal years 2009 and 2010, $113,500,000 for fiscal year 2011, and $56,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(B). Pub. L. 112–141, §113006(a)(2)(B), substituted "and $4,160,365,000 for each of fiscal years 2009 through 2012" for "$4,160,365,000 for each of fiscal years 2009 through 2011, and $3,120,273,750 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(B), temporarily substituted "$3,161,877,400 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$3,120,273,750 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(B), substituted "$4,160,365,000 for each of fiscal years 2009 through 2011, and $3,120,273,750 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$4,160,365,000 for each of fiscal years 2009 and 2010, $4,160,365,000 for fiscal year 2011, and $2,080,182,500 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(C). Pub. L. 112–141, §113006(a)(2)(C), substituted "and $51,500,000 for each of fiscal years 2009 through 2012" for "$51,500,000 for each of fiscal years 2009 through 2011, and $38,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(C), temporarily substituted "$39,140,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$38,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(C), substituted "$51,500,000 for each of fiscal years 2009 through 2011, and $38,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$51,500,000 for each of fiscal years 2009 and 2010, $51,500,000 for fiscal year 2011, and $25,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(D). Pub. L. 112–141, §113006(a)(2)(D), substituted "and $1,666,500,000 for each of fiscal years 2009 through 2012" for "$1,666,500,000 for each of fiscal years 2009 through 2011, and $1,249,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(D), temporarily substituted "$1,266,540,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$1,249,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(D), substituted "$1,666,500,000 for each of fiscal years 2009 through 2011, and $1,249,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$1,666,500,000 for each of fiscal years 2009 and 2010, $1,666,500,000 for fiscal year 2011, and $833,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(E). Pub. L. 112–141, §113006(a)(2)(E), substituted "and $984,000,000 for each of fiscal years 2009 through 2012" for "$984,000,000 for each of fiscal years 2009 through 2011, and $738,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(E), temporarily substituted "$747,840,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$738,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(E), substituted "$984,000,000 for each of fiscal years 2009 through 2011, and $738,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$984,000,000 for each of fiscal years 2009 and 2010, $984,000,000 for fiscal year 2011, and $492,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(F). Pub. L. 112–141, §113006(a)(2)(F), substituted "and $133,500,000 for each of fiscal years 2009 through 2012" for "$133,500,000 for each of fiscal years 2009 through 2011, and $100,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(F), temporarily substituted "$101,460,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$100,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(F), substituted "$133,500,000 for each of fiscal years 2009 through 2011, and $100,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$133,500,000 for each of fiscal years 2009 and 2010, $133,500,000 for fiscal year 2011, and $66,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(G). Pub. L. 112–141, §113006(a)(2)(G), substituted "and $465,000,000 for each of fiscal years 2009 through 2012" for "$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(G), temporarily substituted "$353,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(G), substituted "$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$465,000,000 for each of fiscal years 2009 and 2010, $465,000,000 for fiscal year 2011, and $232,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(H). Pub. L. 112–141, §113006(a)(2)(H), substituted "and $164,500,000 for each of fiscal years 2009 through 2012" for "$164,500,000 for each of fiscal years 2009 through 2011, and $123,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(H), temporarily substituted "$125,020,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$123,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(H), substituted "$164,500,000 for each of fiscal years 2009 through 2011, and $123,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$164,500,000 for each of fiscal years 2009 and 2010, $164,500,000 for fiscal year 2011, and $82,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(I). Pub. L. 112–141, §113006(a)(2)(I), substituted "and $92,500,000 for each of fiscal years 2009 through 2012" for "$92,500,000 for each of fiscal years 2009 through 2011, and $69,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(I), temporarily substituted "$70,300,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$69,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(I), substituted "$92,500,000 for each of fiscal years 2009 through 2011, and $69,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$92,500,000 for each of fiscal years 2009 and 2010, $92,500,000 for fiscal year 2011, and $46,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(J). Pub. L. 112–141, §113006(a)(2)(J), substituted "and $26,900,000 for each of fiscal years 2009 through 2012" for "$26,900,000 for each of fiscal years 2009 through 2011, and $20,175,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(J), temporarily substituted "$20,444,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$20,175,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(J), substituted "$26,900,000 for each of fiscal years 2009 through 2011, and $20,175,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$26,900,000 for each of fiscal years 2009 and 2010, $26,900,000 for fiscal year 2011, and $13,450,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(K). Pub. L. 112–141, §113006(a)(2)(K), substituted "for each of fiscal years 2006 through 2012" for "for each of fiscal years 2006 through 2011 and $2,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(K), temporarily substituted "$2,660,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$2,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(K), substituted "for each of fiscal years 2006 through 2011 and $2,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "in fiscal year 2006; $3,500,000 in fiscal year 2007; $3,500,000 in fiscal year 2008; $3,500,000 for each of fiscal years 2009 and 2010, $3,500,000 for fiscal year 2011, and $1,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(L). Pub. L. 112–141, §113006(a)(2)(L), substituted "for each of fiscal years 2006 through 2012" for "for each of fiscal years 2006 through 2011 and $18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(L), temporarily substituted "$19,000,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(L), substituted "for each of fiscal years 2006 through 2011 and $18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "in fiscal year 2006; $25,000,000 in fiscal year 2007; $25,000,000 in fiscal year 2008; $25,000,000 for each of fiscal years 2009 and 2010, $25,000,000 for fiscal year 2011, and $12,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(M). Pub. L. 112–141, §113006(a)(2)(M), substituted "and $465,000,000 for each of fiscal years 2009 through 2012" for "$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(M), temporarily substituted "$353,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(M), substituted "$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$465,000,000 for each of fiscal years 2009 and 2010, $465,000,000 for fiscal year 2011, and $232,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (b)(2)(N). Pub. L. 112–141, §113006(a)(2)(N), substituted "and $8,800,000 for each of fiscal years 2009 through 2012" for "$8,800,000 for each of fiscal years 2009 through 2011, and $6,600,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(N), temporarily substituted "$6,688,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$6,600,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(N), substituted "$8,800,000 for each of fiscal years 2009 through 2011, and $6,600,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$8,800,000 for each of fiscal years 2009 and 2010, $8,800,000 for fiscal year 2011, and $4,400,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (c)(7). Pub. L. 112–141, §113006(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$1,466,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 306(b), temporarily amended par. (7) generally, authorizing $1,485,800,000 for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$800,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012."
Subsec. (d)(1). Pub. L. 112–141, §113006(c)(1), substituted "through 2011, and $44,000,000 for fiscal year 2012," for "through 2011, and $33,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," in introductory provisions.
Pub. L. 112–140, §§1(c), 306(c)(1), temporarily substituted "2011, and $33,440,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "2011, and $33,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(c)(1), substituted "through 2011, and $33,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "and 2010, $69,750,000 for fiscal year 2011, and $29,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," in introductory provisions.
Subsec. (d)(3). Pub. L. 112–141, §113006(c)(2), added par. (3) and struck out former par. (3) which related to additional authorizations for research and the university centers program from Oct. 1, 2011, to June 30, 2012.
Pub. L. 112–140, §§1(c), 306(c)(2), temporarily added par. (3) which related to additional authorizations for research and the university centers program from Oct. 1, 2011, to July 6, 2012, and temporarily struck out former par. (3) which related to additional authorizations for research and the university centers program from Oct. 1, 2011, to June 30, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(c)(2), added par. (3) and struck out former par. (3) which related to additional authorizations for research and the university centers program from Oct. 1, 2011, to Mar. 31, 2012.
Subsec. (e)(7). Pub. L. 112–141, §113006(d), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$74,034,750 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 306(d), temporarily amended par. (7) generally, authorizing $75,021,880 for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(d), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$49,455,500 for the period beginning on October 1, 2011, and ending on March 31, 2012."
2011—Subsec. (b)(1)(F). Pub. L. 112–5, §306(a)(1), added subpar. (F) and struck out former subpar. (F) which read as follows: "$3,550,376,000 for the period beginning October 1, 2010, and ending March 4, 2011."
Subsec. (b)(1)(G). Pub. L. 112–30, §136(a)(1), added subpar. (G).
Subsec. (b)(2)(A). Pub. L. 112–30, §136(a)(2)(A), substituted "$113,500,000 for fiscal year 2011, and $56,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $113,500,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(A), substituted "$113,500,000 for fiscal year 2011" for "$48,198,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(B). Pub. L. 112–30, §136(a)(2)(B), substituted "$4,160,365,000 for fiscal year 2011, and $2,080,182,500 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $4,160,365,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(B), substituted "$4,160,365,000 for fiscal year 2011" for "$1,766,730,000 for the period beginning October 1, 2010, and ending March 4, 2011,".
Subsec. (b)(2)(C). Pub. L. 112–30, §136(a)(2)(C), substituted "$51,500,000 for fiscal year 2011, and $25,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $51,500,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(C), substituted "$51,500,000 for fiscal year 2011" for "$21,869,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(D). Pub. L. 112–30, §136(a)(2)(D), substituted "$1,666,500,000 for fiscal year 2011, and $833,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $1,666,500,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(D), substituted "$1,666,500,000 for fiscal year 2011" for "$707,691,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(E). Pub. L. 112–30, §136(a)(2)(E), substituted "$984,000,000 for fiscal year 2011, and $492,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $984,000,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(E), substituted "$984,000,000 for fiscal year 2011" for "$417,863,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(F). Pub. L. 112–30, §136(a)(2)(F), substituted "$133,500,000 for fiscal year 2011, and $66,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $133,500,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(F), substituted "$133,500,000 for fiscal year 2011" for "$56,691,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(G). Pub. L. 112–30, §136(a)(2)(G), substituted "$465,000,000 for fiscal year 2011, and $232,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $465,000,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(G), substituted "$465,000,000 for fiscal year 2011" for "$197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(H). Pub. L. 112–30, §136(a)(2)(H), substituted "$164,500,000 for fiscal year 2011, and $82,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $164,500,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(H), substituted "$164,500,000 for fiscal year 2011" for "$69,856,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(I). Pub. L. 112–30, §136(a)(2)(I), substituted "$92,500,000 for fiscal year 2011, and $46,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $92,500,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(I), substituted "$92,500,000 for fiscal year 2011" for "$39,280,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(J). Pub. L. 112–30, §136(a)(2)(J), substituted "$26,900,000 for fiscal year 2011, and $13,450,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $26,900,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(J), substituted "$26,900,000 for fiscal year 2011" for "$11,423,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(K). Pub. L. 112–30, §136(a)(2)(K), substituted "$3,500,000 for fiscal year 2011, and $1,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $3,500,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(K), substituted "$3,500,000 for fiscal year 2011" for "$1,486,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(L). Pub. L. 112–30, §136(a)(2)(L), substituted "$25,000,000 for fiscal year 2011, and $12,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $25,000,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(L), substituted "$25,000,000 for fiscal year 2011" for "$10,616,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(M). Pub. L. 112–30, §136(a)(2)(M), substituted "$465,000,000 for fiscal year 2011, and $232,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $465,000,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(M), substituted "$465,000,000 for fiscal year 2011" for "$197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (b)(2)(N). Pub. L. 112–30, §136(a)(2)(N), substituted "$8,800,000 for fiscal year 2011, and $4,400,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $8,800,000 for fiscal year 2011".
Pub. L. 112–5, §306(a)(2)(N), substituted "$8,800,000 for fiscal year 2011" for "$3,736,000 for the period beginning October 1, 2010 and ending March 4, 2011,".
Subsec. (c)(6). Pub. L. 112–5, §306(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "$849,315,000 for the period of October 1, 2010 through March 4, 2011."
Subsec. (c)(7). Pub. L. 112–30, §136(b), added par. (7).
Subsec. (d)(1). Pub. L. 112–30, §136(c)(1), in introductory provisions, substituted "$69,750,000 for fiscal year 2011, and $29,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012," for "and $69,750,000 for fiscal year 2011".
Pub. L. 112–5, §306(c)(1)(A), substituted "$69,750,000 for fiscal year 2011" for "$29,619,000 for the period beginning October 1, 2010 and ending March 4, 2011," in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 112–5, §306(c)(1)(B), substituted "each of fiscal years 2009, 2010, and 2011" for "fiscal year 2009".
Subsec. (d)(2)(A). Pub. L. 112–30, §136(c)(2), substituted "2012" for "2011" wherever appearing.
Subsec. (d)(2)(A)(i) to (iii). Pub. L. 112–5, §306(c)(2)(A), substituted "2011" for "2009".
Subsec. (d)(2)(A)(v) to (viii). Pub. L. 112–5, §306(c)(2)(B), substituted "through 2011" for "and 2009".
Subsec. (d)(3). Pub. L. 112–30, §136(c)(3), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "If the Secretary determines that a project or activity described in paragraph (2) received sufficient funds in fiscal year 2010, or a previous fiscal year, to carry out the purpose for which the project or activity was authorized, the Secretary may not allocate any amounts under paragraph (2) for the project or activity for fiscal year 2011, or any subsequent fiscal year."
Pub. L. 112–5, §306(c)(3), added par. (3) and struck out former par. (3) which provided additional authorizations for certain activities and projects.
Subsec. (e)(6). Pub. L. 112–5, §306(d), amended par. (6) generally. Prior to amendment, text read as follows: "$42,003,000 for the period of October 1, 2010 through March 4, 2011."
Subsec. (e)(7). Pub. L. 112–30, §136(d), added par. (7).
2010—Subsec. (b)(1)(E). Pub. L. 111–147, §436(a)(1), added subpar. (E).
Subsec. (b)(1)(F). Pub. L. 111–322, §2306(a)(1), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "$2,090,141,250 for the period beginning October 1, 2010, and ending December 31, 2010."
Pub. L. 111–147, §436(a)(1), added subpar. (F).
Subsec. (b)(2)(A). Pub. L. 111–322, §2306(a)(2)(A), substituted "$48,198,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$28,375,000 for the period beginning October 1, 2010, and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(A), substituted "$113,500,000 for each of fiscal years 2009 and 2010, and $28,375,000 for the period beginning October 1, 2010, and ending December 31, 2010," for "and $113,500,000 for fiscal year 2009".
Subsec. (b)(2)(B). Pub. L. 111–322, §2306(a)(2)(B), substituted "$1,766,730,000 for the period beginning October 1, 2010, and ending March 4, 2011" for "$1,040,091,250 for the period beginning October 1, 2010, and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(B), substituted "$4,160,365,000 for each of fiscal years 2009 and 2010, and $1,040,091,250 for the period beginning October 1, 2010, and ending December 31, 2010," for "and $4,160,365,000 for fiscal year 2009".
Subsec. (b)(2)(C). Pub. L. 111–322, §2306(a)(2)(C), substituted "$21,869,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$12,875,000 for the period beginning October 1, 2010, and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(C), substituted "$51,500,000 for each of fiscal years 2009 and 2010, and $12,875,000 for the period beginning October 1, 2010, and ending December 31, 2010," for "and $51,500,000 for fiscal year 2009".
Subsec. (b)(2)(D). Pub. L. 111–322, §2306(a)(2)(D), substituted "$707,691,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$416,625,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(D), substituted "$1,666,500,000 for each of fiscal years 2009 and 2010, and $416,625,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $1,666,500,000 for fiscal year 2009".
Subsec. (b)(2)(E). Pub. L. 111–322, §2306(a)(2)(E), substituted "$417,863,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$246,000,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(E), substituted "$984,000,000 for each of fiscal years 2009 and 2010, and $246,000,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $984,000,000 for fiscal year 2009".
Subsec. (b)(2)(F). Pub. L. 111–322, §2306(a)(2)(F), substituted "$56,691,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$33,375,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(F), substituted "$133,500,000 for each of fiscal years 2009 and 2010, and $33,375,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $133,500,000 for fiscal year 2009".
Subsec. (b)(2)(G). Pub. L. 111–322, §2306(a)(2)(G), substituted "$197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(G), substituted "$465,000,000 for each of fiscal years 2009 and 2010, and $116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $465,000,000 for fiscal year 2009".
Subsec. (b)(2)(H). Pub. L. 111–322, §2306(a)(2)(H), substituted "$69,856,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$41,125,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(H), substituted "$164,500,000 for each of fiscal years 2009 and 2010, and $41,125,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $164,500,000 for fiscal year 2009".
Subsec. (b)(2)(I). Pub. L. 111–322, §2306(a)(2)(I), substituted "$39,280,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$23,125,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(I), substituted "$92,500,000 for each of fiscal years 2009 and 2010, and $23,125,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $92,500,000 for fiscal year 2009".
Subsec. (b)(2)(J). Pub. L. 111–322, §2306(a)(2)(J), substituted "$11,423,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$6,725,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(J), substituted "$26,900,000 for each of fiscal years 2009 and 2010, and $6,725,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $26,900,000 for fiscal year 2009".
Subsec. (b)(2)(K). Pub. L. 111–322, §2306(a)(2)(K), substituted "$1,486,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$875,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(K), which directed substitution of "$3,500,000 for each of fiscal years 2009 and 2010, and $875,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $3,500,000 for fiscal year 2009", was executed by making the substitution for "and $3,500,000 in fiscal year 2009", to reflect the probable intent of Congress.
Subsec. (b)(2)(L). Pub. L. 111–322, §2306(a)(2)(L), "$10,616,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$6,250,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(L), which directed substitution of "$25,000,000 for each of fiscal years 2009 and 2010, and $6,250,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $25,000,000 for fiscal year 2009", was executed by making the substitution for "and $25,000,000 in fiscal year 2009", to reflect the probable intent of Congress.
Subsec. (b)(2)(M). Pub. L. 111–322, §2306(a)(2)(M), substituted "$197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(M), substituted "$465,000,000 for each of fiscal years 2009 and 2010, and $116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $465,000,000 for fiscal year 2009".
Subsec. (b)(2)(N). Pub. L. 111–322, §2306(a)(2)(N), substituted "$3,736,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$2,200,000 for the period beginning October 1, 2010 and ending December 31, 2010".
Pub. L. 111–147, §436(a)(2)(N), substituted "$8,800,000 for each of fiscal years 2009 and 2010, and $2,200,000 for the period beginning October 1, 2010 and ending December 31, 2010," for "and $8,800,000 for fiscal year 2009".
Subsec. (c)(5). Pub. L. 111–147, §436(b), added par. (5).
Subsec. (c)(6). Pub. L. 111–322, §2306(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: "$500,000,000 for the period of October 1, 2010 through December 31, 2010."
Pub. L. 111–147, §436(b), added par. (6).
Subsec. (d)(1). Pub. L. 111–322, §2306(c)(1), substituted "$29,619,000 for the period beginning October 1, 2010 and ending March 4, 2011" for "$17,437,500 for the period beginning October 1, 2010, and ending December 31, 2010" in introductory provisions.
Pub. L. 111–147, §436(c)(1), substituted "$69,750,000 for each of fiscal years 2009 and 2010, and $17,437,500 for the period beginning October 1, 2010, and ending December 31, 2010" for "and $69,750,000 for fiscal year 2009" in introductory provisions.
Subsec. (d)(3). Pub. L. 111–147, §436(c)(2), added par. (3).
Subsec. (d)(3)(A)(ii). Pub. L. 111–322, §2306(c)(2), amended cl. (ii) generally. Prior to amendment, text read as follows: "Of amounts authorized to be appropriated for the period beginning October 1, 2010, through December 31, 2010, under paragraph (1), the Secretary shall allocate for each of the activities and projects described in subparagraphs (A) through (F) of paragraph (1) an amount equal to 25 percent of the amount allocated for fiscal year 2009 under each such subparagraph."
Subsec. (d)(3)(B)(ii). Pub. L. 111–322, §2306(c)(3), amended cl. (ii) generally. Prior to amendment, text read as follows: "Of the amounts allocated under subparagraph (A)(i) for the university centers program under section 5506 for the period beginning October 1, 2010, and ending December 31, 2010, the Secretary shall allocate for each program described in clauses (i) through (iii) and (v) through (viii) of paragraph (2)(A) an amount equal to 25 percent of the amount allocated for fiscal year 2009 under each such clause."
Subsec. (d)(3)(B)(iii). Pub. L. 111–322, §2306(c)(4), substituted "2011" for "2010" and "2010" for "2009".
Subsec. (e)(5). Pub. L. 111–147, §436(d), added par. (5).
Subsec. (e)(6). Pub. L. 111–322, §2306(d), amended par. (6) generally. Prior to amendment, text read as follows: "$24,727,750 for the period beginning October 1, 2010, and ending December 31, 2010."
Pub. L. 111–147, §436(d), added par. (6).
2008—Subsec. (d)(1)(B). Pub. L. 110–244 substituted "section 5315(b)(2)(P)" for "section 5315(a)(16)".
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section authorized appropriations and availability of funds to carry out sections 5303 to 5305, 5307 to 5315, 5322, and 5334 of this title for periods ranging from fiscal year 1998 to August 14, 2004.
Subsec. (a)(2). Pub. L. 109–40, §7(b)(1), substituted "
Pub. L. 109–37, §7(b)(1), substituted "
Pub. L. 109–35, §7(b)(1), substituted "
Pub. L. 109–20, §7(b)(1), substituted "
Pub. L. 109–14, §7(b)(1), substituted "
Subsec. (a)(2)(A)(vii). Pub. L. 109–40, §7(b)(2), substituted "$2,796,817,658" for "$2,795,000,000" and "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(b)(2), substituted "$2,795,000,000" for "$2,793,483,000" and "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(b)(2), substituted "$2,793,483,000" for "$2,675,300,000" and "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(b)(2), substituted "$2,675,300,000" for "$2,545,785,000" and "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(b)(2), substituted "$2,545,785,000" for "$2,201,760,000" and "June 30, 2005" for "May 31, 2005".
Subsec. (a)(2)(B)(vii). Pub. L. 109–40, §7(b)(3), substituted "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(b)(3), substituted "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(b)(3), substituted "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(b)(3), substituted "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(b)(3), substituted "June 30, 2005" for "May 31, 2005".
Subsec. (a)(2)(C). Pub. L. 109–40, §7(b)(4), substituted "July 30, 2005" for "July 27, 2005" in introductory provisions.
Pub. L. 109–37, §7(b)(4), substituted "July 27, 2005" for "July 21, 2005" in introductory provisions.
Pub. L. 109–35, §7(b)(4), substituted "July 21, 2005" for "July 19, 2005" in introductory provisions.
Pub. L. 109–20, §7(b)(4), substituted "July 19, 2005" for "June 30, 2005" in introductory provisions.
Pub. L. 109–14, §7(b)(4), substituted "June 30, 2005" for "May 31, 2005" in introductory provisions.
Subsec. (b)(2). Pub. L. 109–40, §7(d)(1), substituted "
Pub. L. 109–37, §7(d)(1), substituted "
Pub. L. 109–35, §7(d)(1), substituted "
Pub. L. 109–20, §7(d)(1), substituted "
Pub. L. 109–14, §7(d)(1), substituted "
Subsec. (b)(2)(A)(vii). Pub. L. 109–40, §7(d)(2), substituted "$2,336,442,169" for "$2,309,000,366" and "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(d)(2), substituted "$2,309,000,366" for "$2,263,265,142" and "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(d)(2), substituted "$2,263,265,142" for "$2,235,820,000" and "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(d)(2), substituted "$2,235,820,000" for "$2,012,985,000" and "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(d)(2), substituted "$2,012,985,000" for "$1,740,960,000" and "June 30, 2005" for "May 31, 2005".
Subsec. (b)(2)(B)(vii). Pub. L. 109–40, §7(d)(3), substituted "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(d)(3), substituted "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(d)(3), substituted "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(d)(3), substituted "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(d)(3), substituted "June 30, 2005" for "May 31, 2005".
Subsec. (c)(2). Pub. L. 109–40, §7(e)(1), substituted "
Pub. L. 109–37, §7(e)(1), substituted "
Pub. L. 109–35, §7(e)(1), substituted "
Pub. L. 109–20, §7(e)(1), substituted "
Pub. L. 109–14, §7(e)(1), substituted "
Subsec. (c)(2)(A)(vii). Pub. L. 109–40, §7(e)(2), substituted "$50,146,668" for "$49,546,681" and "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(e)(2), substituted "$49,546,681" for "$48,546,727" and "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(e)(2), substituted "$48,546,727" for "$47,946,667" and "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(e)(2), substituted "$47,946,667" for "$48,346,668" and "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(e)(2), substituted "$48,346,668" for "$41,813,334" and "June 30, 2005" for "May 31, 2005".
Subsec. (c)(2)(B)(vii). Pub. L. 109–40, §7(e)(3), substituted "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(e)(3), substituted "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(e)(3), substituted "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(e)(3), substituted "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(e)(3), substituted "June 30, 2005" for "May 31, 2005".
Subsec. (d)(2). Pub. L. 109–40, §7(f)(1), substituted "
Pub. L. 109–37, §7(f)(1), substituted "
Pub. L. 109–35, §7(f)(1), substituted "
Pub. L. 109–20, §7(f)(1), substituted "
Pub. L. 109–14, §7(f)(1), substituted "
Subsec. (d)(2)(A)(vii). Pub. L. 109–40, §7(f)(2), substituted "$39,950,343" for "$39,554,804" and "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(f)(2), substituted "$39,554,804" for "$37,385,434" and "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(f)(2), substituted "$37,385,434" for "$36,933,334" and "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(f)(2), substituted "$36,933,334" for "$32,683,333" and "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(f)(2), substituted "$32,683,333" for "$28,266,667" and "June 30, 2005" for "May 31, 2005".
Subsec. (d)(2)(B)(vii). Pub. L. 109–40, §7(f)(3), substituted "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(f)(3), substituted "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(f)(3), substituted "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(f)(3), substituted "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(f)(3), substituted "June 30, 2005" for "May 31, 2005".
Subsec. (d)(2)(C). Pub. L. 109–40, §7(f)(4), substituted "July 30, 2005" for "July 27, 2005" in introductory provisions.
Pub. L. 109–37, §7(f)(4), substituted "July 27, 2005" for "July 21, 2005" in introductory provisions.
Pub. L. 109–35, §7(f)(4), substituted "July 21, 2005" for "July 19, 2005" in introductory provisions.
Pub. L. 109–20, §7(f)(4), substituted "July 19, 2005" for "June 30, 2005" in introductory provisions.
Pub. L. 109–14, §7(f)(4), substituted "June 30, 2005" for "May 31, 2005" in introductory provisions.
Subsec. (e)(2). Pub. L. 109–40, §7(h)(1), substituted "
Pub. L. 109–37, §7(h)(1), substituted "
Pub. L. 109–35, §7(h)(1), substituted "
Pub. L. 109–20, §7(h)(1), substituted "
Pub. L. 109–14, §7(h)(1), substituted "
Subsec. (e)(2)(A). Pub. L. 109–40, §7(h)(2), substituted "$4,180,822" for "$4,131,508" and "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(h)(2), substituted "$4,131,508" for "$4,060,000" and "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(h)(2), substituted "$4,060,000" for "$4,000,000" and "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(h)(2), substituted "$4,000,000" for "$3,700,000" and "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(h)(2), substituted "$3,700,000" for "$3,200,000" and "June 30, 2005" for "May 31, 2005".
Subsec. (e)(2)(B). Pub. L. 109–40, §7(h)(3), substituted "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(h)(3), substituted "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(h)(3), substituted "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(h)(3), substituted "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(h)(3), substituted "June 30, 2005" for "May 31, 2005".
Subsec. (e)(2)(C)(i), (iii). Pub. L. 109–40, §7(h)(4), substituted "July 30, 2005" for "July 27, 2005" in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–37, §7(h)(4), substituted "July 27, 2005" for "July 21, 2005" in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–35, §7(h)(4), substituted "July 21, 2005" for "July 19, 2005" in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–20, §7(h)(4), substituted "July 19, 2005" for "June 30, 2005" in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–14, §7(h)(4), substituted "June 30, 2005" for "May 31, 2005" in introductory provisions of cl. (i) and in cl. (iii).
Subsec. (f)(2). Pub. L. 109–42, §5(a)(1), substituted "
Pub. L. 109–40, §7(j)(1), substituted "
Pub. L. 109–37, §7(j)(1), substituted "
Pub. L. 109–35, §7(j)(1), substituted "
Pub. L. 109–20, §7(j)(1), substituted "
Pub. L. 109–14, §7(j)(1), substituted "
Subsec. (f)(2)(A)(vii). Pub. L. 109–42, §5(a)(2), substituted "$57,650,686" for "$54,350,686" and "August 14" for "July 30".
Pub. L. 109–40, §7(j)(2), substituted "$54,350,686" for "$53,709,604" and "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(j)(2), substituted "$53,709,604" for "$52,780,000" and "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(j)(2), substituted "$52,780,000" for "$52,000,000" and "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(j)(2), substituted "$52,000,000" for "$48,100,000" and "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(j)(2), substituted "$48,100,000" for "$41,600,000" and "June 30, 2005" for "May 31, 2005".
Subsec. (f)(2)(B)(vii). Pub. L. 109–42, §5(a)(3), substituted "August 14" for "July 30".
Pub. L. 109–40, §7(j)(3), substituted "July 30, 2005" for "July 27, 2005".
Pub. L. 109–37, §7(j)(3), substituted "July 27, 2005" for "July 21, 2005".
Pub. L. 109–35, §7(j)(3), substituted "July 21, 2005" for "July 19, 2005".
Pub. L. 109–20, §7(j)(3), substituted "July 19, 2005" for "June 30, 2005".
Pub. L. 109–14, §7(j)(3), substituted "June 30, 2005" for "May 31, 2005".
2004—Subsec. (a)(2). Pub. L. 108–310, §8(c)(1), inserted "
Pub. L. 108–280, §7(c)(1), struck out "
Pub. L. 108–263, §7(c)(1), substituted "
Pub. L. 108–224, §7(c)(1), substituted "
Pub. L. 108–202, §9(c)(1), substituted "
Subsec. (a)(2)(A)(vi). Pub. L. 108–280, §7(c)(2), added cl. (vi) and struck out former cl. (vi) which read: "$2,544,233,267 for the period of October 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(c)(2), substituted "$2,544,233,267" for "$2,289,809,940" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(c)(2), substituted "$2,289,809,940" for "$1,780,963,287" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(c)(2), substituted "$1,780,963,287" for "$1,292,948,344" and "April 30, 2004" for "February 29, 2004".
Subsec. (a)(2)(A)(vii). Pub. L. 108–310, §8(c)(2)–(4), added cl. (vii).
Subsec. (a)(2)(B)(vi). Pub. L. 108–280, §7(c)(3), added cl. (vi) and struck out former cl. (vi) which read: "$636,058,317 for the period of October 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(c)(3), substituted "$636,058,317" for "$572,452,485" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(c)(3), substituted "$572,452,485" for "$445,240,822" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(c)(3), substituted "$445,240,822" for "$323,459,169" and "April 30, 2004" for "February 29, 2004".
Subsec. (a)(2)(B)(vii). Pub. L. 108–310, §8(c)(2), (3), (5), added cl. (vii).
Subsec. (a)(2)(C). Pub. L. 108–310, §8(c)(6), substituted "2005 (other than for the period of October 1, 2004, through May 31, 2005)" for "2003" in introductory provisions.
Pub. L. 108–280, §7(c)(4), substituted "each of fiscal years 1999 through 2003" for "a fiscal year (other than for the period of October 1, 2003, through July 31, 2004)" in introductory provisions.
Pub. L. 108–263, §7(c)(4), substituted "July 31, 2004" for "June 30, 2004" in introductory provisions.
Pub. L. 108–224, §7(c)(4), substituted "June 30, 2004" for "April 30, 2004" in introductory provisions.
Pub. L. 108–202, §9(c)(4), substituted "April 30, 2004" for "February 29, 2004" in introductory provisions.
Subsec. (b)(2). Pub. L. 108–310, §8(e)(1), inserted "
Pub. L. 108–280, §7(e)(1), struck out "
Pub. L. 108–263, §7(e)(1), substituted "
Pub. L. 108–224, §7(e)(1), substituted "
Pub. L. 108–202, §9(e)(1), substituted "
Subsec. (b)(2)(A)(vi). Pub. L. 108–280, §7(e)(2), added cl. (vi) and struck out former cl. (vi) which read: "$2,079,325,834 for the period of October 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(e)(2), substituted "$2,079,325,834" for "$1,871,393,250" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(e)(2), substituted "$1,871,393,250" for "$1,819,410,104" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(e)(2), substituted "$1,819,410,104" for "$1,022,503,342" and "April 30, 2004" for "February 29, 2004".
Subsec. (b)(2)(A)(vii). Pub. L. 108–310, §8(e)(2)–(4), added cl. (vii).
Subsec. (b)(2)(B)(vi). Pub. L. 108–280, §7(e)(3), added cl. (vi) and struck out former cl. (vi) which read: "$519,831,458 for the period of October 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(e)(3), substituted "$519,831,458" for "$467,848,313" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(e)(3), substituted "$467,848,313" for "$363,882,021" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(e)(3), substituted "$363,882,021" for "$255,801,669" and "April 30, 2004" for "February 29, 2004".
Subsec. (b)(2)(B)(vii). Pub. L. 108–310, §8(e)(2), (3), (5), added cl. (vii).
Subsec. (c)(2). Pub. L. 108–310, §8(f)(1), inserted "
Pub. L. 108–280, §7(f)(1), struck out "
Pub. L. 108–263, §7(f)(1), substituted "
Pub. L. 108–224, §7(f)(1), substituted "
Pub. L. 108–202, §9(f)(1), substituted "
Subsec. (c)(2)(A)(vi). Pub. L. 108–280, §7(f)(2), added cl. (vi) and struck out former cl. (vi) which read: "$48,545,217 for the period of October 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(f)(2), substituted "$48,545,217" for "$43,690,695" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(f)(2), substituted "$43,690,695" for "$33,981,652" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(f)(2), substituted "$33,981,652" for "$24,636,667" and "April 30, 2004" for "February 29, 2004".
Subsec. (c)(2)(A)(vii). Pub. L. 108–310, §8(f)(2)–(4), added cl. (vii). See Codification note above.
Subsec. (c)(2)(B)(vi). Pub. L. 108–280, §7(f)(3), added cl. (vi) and struck out former cl. (vi) which read: "$11,929,200 for the period of October 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(f)(3), substituted "$11,929,200" for "$10,736,280" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(f)(3), substituted "$10,736,280" for "$8,350,440" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(f)(3), substituted "$8,350,440" for "$6,100,000" and "April 30, 2004" for "February 29, 2004".
Subsec. (c)(2)(B)(vii). Pub. L. 108–310, §8(f)(2), (3), (5), added cl. (vii). See Codification note above.
Subsec. (c)(2)(C). Pub. L. 108–310, §8(f)(6), inserted "or any portion of a fiscal year" after "for a fiscal year" in introductory provisions. See Codification note above.
Pub. L. 108–280, §7(f)(4), struck out "or any portion of a fiscal year" after "for a fiscal year" in introductory provisions.
Subsec. (d)(2). Pub. L. 108–310, §8(g)(1), inserted "
Pub. L. 108–280, §7(g)(1), struck out "
Pub. L. 108–263, §7(g)(1), substituted "
Pub. L. 108–224, §7(g)(1), substituted "
Pub. L. 108–202, §9(g)(1), substituted "
Subsec. (d)(2)(A)(vi). Pub. L. 108–280, §7(g)(2), added cl. (vi) and struck out former cl. (vi) which read: "$34,959,183 for the period of October 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(g)(2), substituted "$34,959,183" for "$31,463,265" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(g)(2), substituted "$31,463,265" for "$24,471,428" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(g)(2), substituted "$24,471,428" for "$16,536,667" and "April 30, 2004" for "February 29, 2004".
Subsec. (d)(2)(A)(vii). Pub. L. 108–310, §8(g)(2)–(4), added cl. (vii).
Subsec. (d)(2)(B)(vi). Pub. L. 108–280, §7(g)(3), added cl. (vi) and struck out former cl. (vi) which read: "$8,946,900 for the period of October 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(g)(3), substituted "$8,946,900" for "$8,052,210" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(g)(3), substituted "$8,052,210" for "$6,262,830" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(g)(3), substituted "$6,262,830" for "$4,095,000" and "April 30, 2004" for "February 29, 2004".
Subsec. (d)(2)(B)(vii). Pub. L. 108–310, §8(g)(2), (3), (5), added cl. (vii).
Subsec. (d)(2)(C). Pub. L. 108–310, §8(g)(6), inserted "(other than for the period of October 1, 2004, through May 31, 2005)" after "a fiscal year" in introductory provisions.
Pub. L. 108–280, §7(g)(4), struck out "(other than for the period of October 1, 2003, through July 31, 2004)" after "a fiscal year".
Pub. L. 108–263, §7(g)(4), substituted "July 31, 2004" for "June 30, 2004" in introductory provisions.
Pub. L. 108–224, §7(g)(4), substituted "June 30, 2004" for "April 30, 2004" in introductory provisions.
Pub. L. 108–202, §9(g)(4), substituted "April 30, 2004" for "February 29, 2004" in introductory provisions.
Subsec. (e)(2). Pub. L. 108–310, §8(i)(1), inserted "
Pub. L. 108–280, §7(i)(1), struck out "
Pub. L. 108–263, §7(i)(1), substituted "
Pub. L. 108–224, §7(i)(1), substituted "
Pub. L. 108–202, §9(i)(1), substituted "
Subsec. (e)(2)(A). Pub. L. 108–310, §8(i)(2), inserted "and $3,200,000 for the period of October 1, 2004, through May 31, 2005" after "2004".
Pub. L. 108–280, §7(i)(2), struck out "2003 and $3,976,400 for the period of October 1, 2003, through July 31," before "2004".
Pub. L. 108–263, §7(i)(2), substituted "$3,976,400" for "$3,578,760" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(i)(2), substituted "$3,578,760" for "$2,783,480" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(i)(2), substituted "$2,783,480" for "$2,020,833" and "April 30, 2004" for "February 29, 2004".
Subsec. (e)(2)(B). Pub. L. 108–310, §8(i)(3), inserted "and $800,000 for the period of October 1, 2004, through May 31, 2005" after "2004".
Pub. L. 108–280, §7(i)(3), struck out "2003 and $994,100 for the period of October 1, 2003, through July 31," before "2004".
Pub. L. 108–263, §7(i)(3), substituted "$994,100" for "$894,690" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(i)(3), substituted "$894,690" for "$695,870" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(i)(3), substituted "$695,870" for "$505,833" and "April 30, 2004" for "February 29, 2004".
Subsec. (e)(2)(C)(i), (iii). Pub. L. 108–310, §8(i)(4), inserted "(other than for the period of October 1, 2004, through May 31, 2005)" after "fiscal year".
Pub. L. 108–280, §7(i)(4), struck out "(other than for the period of October 1, 2003, through July 31, 2004)" after "fiscal year".
Pub. L. 108–263, §7(i)(4), substituted "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(i)(4), substituted "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(i)(4), substituted "April 30, 2004" for "February 29, 2004".
Subsec. (f)(2). Pub. L. 108–310, §8(k)(1), inserted "
Pub. L. 108–280, §7(k)(1), struck out "
Pub. L. 108–263, §7(k)(1), substituted "
Pub. L. 108–224, §7(k)(1), substituted "
Pub. L. 108–202, §9(k)(1), substituted "
Subsec. (f)(2)(A)(vi). Pub. L. 108–280, §7(k)(2), added cl. (vi) and struck out former cl. (vi) which read: "$50,036,366 for the period of October, 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(k)(2), substituted "$50,036,366" for "$45,032,730" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(k)(2), substituted "$45,032,730" for "$35,025,457" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(k)(2), substituted "$35,025,457" for "$24,585,834" and "April 30, 2004" for "February 29, 2004".
Subsec. (f)(2)(A)(vii). Pub. L. 108–310, §8(k)(2)–(4), added cl. (vii).
Subsec. (f)(2)(B)(vi). Pub. L. 108–280, §7(k)(3), added cl. (vi) and struck out former cl. (vi) which read: "$12,509,093 for the period of October 1, 2003, through July 31, 2004."
Pub. L. 108–263, §7(k)(3), substituted "$12,509,093" for "$11,258,183" and "July 31, 2004" for "June 30, 2004".
Pub. L. 108–224, §7(k)(3), substituted "$11,258,183" for "$8,756,364" and "June 30, 2004" for "April 30, 2004".
Pub. L. 108–202, §9(k)(3), substituted "$8,756,364" for "$6,150,833" and "April 30, 2004" for "February 29, 2004".
Subsec. (f)(2)(B)(vii). Pub. L. 108–310, §8(k)(2), (3), (5), added cl. (vii).
2003—Subsec. (a)(2). Pub. L. 108–88, §8(c)(1), inserted "
Subsec. (a)(2)(A)(vi). Pub. L. 108–88, §8(c)(2)–(4), added cl. (vi).
Subsec. (a)(2)(B)(vi). Pub. L. 108–88, §8(c)(2), (3), (5), added cl. (vi).
Subsec. (a)(2)(C). Pub. L. 108–88, §8(c)(6), inserted "(other than for the period of October 1, 2003, through February 29, 2004)" after "a fiscal year" in introductory provisions.
Subsec. (b)(2). Pub. L. 108–88, §8(e)(1), inserted "
Subsec. (b)(2)(A)(vi). Pub. L. 108–88, §8(e)(2)–(4), added cl. (vi).
Subsec. (b)(2)(B)(vi). Pub. L. 108–88, §8(e)(2), (3), (5), added cl. (vi).
Subsec. (c)(2). Pub. L. 108–88, §8(f), which directed the amendment of section 5338(c)(2) by inserting "
Subsec. (d)(2). Pub. L. 108–88, §8(g)(1), inserted "
Subsec. (d)(2)(A)(vi). Pub. L. 108–88, §8(g)(2)–(4), added cl. (vi).
Subsec. (d)(2)(B)(vi). Pub. L. 108–88, §8(g)(2), (3), (5), added cl. (vi).
Subsec. (d)(2)(C). Pub. L. 108–88, §8(g)(6), inserted "(other than for the period of October 1, 2003, through February 29, 2004)" after "a fiscal year" in introductory provisions.
Subsec. (e)(2). Pub. L. 108–88, §8(i)(1), inserted "
Subsec. (e)(2)(A). Pub. L. 108–88, §8(i)(2), inserted "and $2,020,833 for the period of October 1, 2003, through February 29, 2004" after "2003".
Subsec. (e)(2)(B). Pub. L. 108–88, §8(i)(3), inserted "and $505,833 for the period of October 1, 2003, through February 29, 2004" after "2003".
Subsec. (e)(2)(C)(i), (iii). Pub. L. 108–88, §8(i)(4), inserted "(other than for the period of October 1, 2003, through February 29, 2004)" after "fiscal year".
Subsec. (f)(2). Pub. L. 108–88, §8(k)(1), inserted "
Subsec. (f)(2)(A)(vi). Pub. L. 108–88, §8(k)(2)–(4), added cl. (vi).
Subsec. (f)(2)(B)(vi). Pub. L. 108–88, §8(k)(2), (3), (5), added cl. (vi).
1998—Pub. L. 105–178, §3029(a), reenacted section catchline without change and amended text generally, substituting provisions relating to authorizations for Federal transit programs for fiscal years 1998 to 2003 for provisions relating to authorizations for Federal transit programs for fiscal years ending Sept. 30, 1993 to 1997 and for period from Oct. 1, 1997 to Mar. 31, 1998.
Subsec. (c)(2)(A). Pub. L. 105–178, §3029(c)(1)–(5), as added by Pub. L. 105–206, substituted "$42,200,000" for "$43,200,000", "$48,400,000" for "$46,400,000", "$50,200,000" for "$51,200,000", "$53,800,000" for "$52,800,000", and "$58,600,000" for "$57,600,000" in cls. (i) to (v), respectively.
Subsec. (d)(2)(C)(iii). Pub. L. 105–178, §3029(c)(6), as added by Pub. L. 105–206, inserted ", including not more than $1,000,000 shall be available to carry out section 5315(a)(16)" before semicolon.
Subsec. (e)(1). Pub. L. 105–178, §3029(c)(7)(A), (B), as added by Pub. L. 105–206, substituted "Subject to paragraph (2)(C), there are" for "There are" and "5505" for "5317(b)".
Subsec. (e)(2)(A). Pub. L. 105–178, §3029(c)(7)(A), (C)(i), as added by Pub. L. 105–206, substituted "Subject to subparagraph (C), there shall" for "There shall" and "5505" for "5317(b)".
Subsec. (e)(2)(B). Pub. L. 105–178, §3029(c)(7)(A), (C)(ii), as added by Pub. L. 105–206, substituted "Subject to subparagraph (C), in addition" for "In addition" and "5505" for "5317(b)".
Subsec. (e)(2)(C). Pub. L. 105–178, §3029(c)(7)(C)(iii), as added by Pub. L. 105–206, added subpar. (C).
Subsec. (e)(3). Pub. L. 105–178, §3029(c)(7)(D), as added by Pub. L. 105–206, added par. (3).
Subsec. (g)(2). Pub. L. 105–178, §3029(c)(8), as added by Pub. L. 105–206, substituted "(c)(1), (c)(2)(B), (d)(1), (d)(2)(B), (e)(1), (e)(2)(B), (f)(1), (f)(2)(B)," for "(c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B),".
Subsec. (h). Pub. L. 105–178, §3029(c)(9), as added by Pub. L. 105–206, inserted "under the Transportation Discretionary Spending Guarantee for the Mass Transit Category" after "subsections (a) through (f)" in introductory provisions.
Subsec. (h)(5)(A) to (E). Pub. L. 105–178, §3029(c)(10), as added by Pub. L. 105–206, added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:
"(A) for fiscal year 1999, $600,000,000;
"(B) for fiscal year 2000, $610,000,000;
"(C) for fiscal year 2001, $620,000,000;
"(D) for fiscal year 2002, $630,000,000; and
"(E) for fiscal year 2003, $630,000,000;".
1997—Subsec. (a)(1)(F). Pub. L. 102–240, §3049(c)(1)(A), as added by Pub. L. 105–130, added subpar. (F).
Subsec. (a)(2)(F). Pub. L. 102–240, §3049(c)(1)(B), as added by Pub. L. 105–130, added subpar. (F).
Subsec. (b)(1)(F). Pub. L. 102–240, §3049(c)(2), as added by Pub. L. 105–130, added subpar. (F).
Subsec. (c). Pub. L. 102–240, §3049(c)(3), as added by Pub. L. 105–130, inserted "and not more than $1,500,000 for the period of October 1, 1997, through March 31, 1998," after "1997,".
Subsec. (e). Pub. L. 102–240, §3049(c)(4), as added by Pub. L. 105–130, inserted "and not more than $3,000,000 is available from the Fund (except the Account) for the Secretary for the period of October 1, 1997, through March 31, 1998," after "1997,".
Subsec. (h)(3). Pub. L. 102–240, §3049(c)(5), as added by Pub. L. 105–130, inserted before period at end "and $3,000,000 is available for section 5317 for the period of October 1, 1997, through March 31, 1998".
Subsec. (j)(5)(D). Pub. L. 102–240, §3049(c)(6), as added by Pub. L. 105–130, added subpar. (D).
Subsec. (k). Pub. L. 102–240, §3049(c)(7), as added by Pub. L. 105–130, substituted "(e), or (m) of this section" for "or (e) of this section".
Subsec. (m). Pub. L. 102–240, §3049(c)(8), as added by Pub. L. 105–130, added subsec. (m).
1996—Subsec. (g)(2). Pub. L. 104–287 substituted "section 5311(b)(2)" for "section 5308(b)(2)".
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by section 20028 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113006 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Pub. L. 114–94, div. A, title III, §3018, Dec. 4, 2015, 129 Stat. 1487, provided that: "Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by subsection (a) of section 5338 of title 49, United States Code, and section 3028 of the Federal Public Transportation Act of 2015 [section 3028 of Pub. L. 114–94, 129 Stat. 1495] shall not exceed—
"(1) $9,347,604,639 in fiscal year 2016;
"(2) $9,733,706,043 in fiscal year 2017;
"(3) $9,733,353,407 in fiscal year 2018;
"(4) $9,939,380,030 in fiscal year 2019; and
"(5) $10,150,348,462 in fiscal year 2020."
Pub. L. 109–59, title III, §3046, Aug. 10, 2005, 119 Stat. 1706, as amended by Pub. L. 110–244, title II, §201(o)(6), June 6, 2008, 122 Stat. 1615; Pub. L. 111–147, title IV, §437(f), Mar. 18, 2010, 124 Stat. 93; Pub. L. 111–322, title II, §2307(f), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, §307(f), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, §137(f), Sept. 16, 2011, 125 Stat. 355; Pub. L. 112–102, title III, §307(f), Mar. 30, 2012, 126 Stat. 281; Pub. L. 112–140, title III, §307(f), June 29, 2012, 126 Stat. 402; Pub. L. 112–141, div. G, title III, §113007(f), July 6, 2012, 126 Stat. 988, which allocated amounts appropriated pursuant to former subsec. (d) of this section for various national research and technology programs, was repealed by Pub. L. 112–141, div. B, §20002(c)(5), July 6, 2012, 126 Stat. 622.
Pub. L. 105–178, title III, §3041, June 9, 1998, 112 Stat. 394, provided that the Secretary of Transportation ensure that the total apportionments and allocations made to a designated grant recipient under this section for fiscal year 1998 be reduced by the amount apportioned to such designated recipient pursuant to section 8 of Pub. L. 105–130 (amending sections 5309, 5337, and 5338 of this title) and in making the apportionments, the Secretary adjust the amount apportioned to each urbanized area for fixed guideway modernization for fiscal year 1998 to reflect the method of apportioning funds in former section 5337(a) of this title.
Pub. L. 105–178, title III, §3015(d), as added by Pub. L. 105–206, title IX, §9009(k)(2), July 22, 1998, 112 Stat. 857, and amended by Pub. L. 108–88, §8(j)(3), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108–202, §9(j)(2), Feb. 29, 2004, 118 Stat. 487; Pub. L. 108–224, §7(j)(2), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(j)(2), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(j)(2), July 30, 2004, 118 Stat. 884; Pub. L. 108–310, §8(j)(3), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109–14, §7(i)(2), May 31, 2005, 119 Stat. 332; Pub. L. 109–20, §7(i)(2), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(i)(2), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(i)(2), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(i)(2), July 28, 2005, 119 Stat. 419, specified how funds made available by former subsec. (e)(2)(C)(iii) of this section could be used by certain institutions for transportation research, training, and curriculum development.
Pub. L. 109–115, div. A, title I, §140, Nov. 30, 2005, 119 Stat. 2420, which provided that the limitations on obligations for the programs of the Federal Transit Administration were not to apply to any authority under this section previously made available for obligation, or to any other authority previously made available for obligation, was from the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006 and was repeated in provisions of subsequent appropriations acts which are not set out in the Code.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 108–447, div. H, title I, §160, Dec. 8, 2004, 118 Stat. 3227.
Pub. L. 108–199, div. F, title I, §160, Jan. 23, 2004, 118 Stat. 308.
Pub. L. 108–7, div. I, title III, §309, Feb. 20, 2003, 117 Stat. 407.
Pub. L. 107–87, title III, §309, Dec. 18, 2001, 115 Stat. 855.
Pub. L. 106–346, §101(a) [title III, §311], Oct. 23, 2000, 114 Stat. 1356, 1356A–27.
Pub. L. 106–69, title III, §311, Oct. 9, 1999, 113 Stat. 1018.
Pub. L. 105–277, div. A, §101(g) [title III, §311], Oct. 21, 1998, 112 Stat. 2681–439, 2681–467.
Pub. L. 105–66, title III, §311, Oct. 27, 1997, 111 Stat. 1443.
Pub. L. 104–205, title III, §311, Sept. 30, 1996, 110 Stat. 2971.
Pub. L. 104–50, title III, §312, Nov. 15, 1995, 109 Stat. 455.
Pub. L. 103–331, title III, §313, Sept. 30, 1994, 108 Stat. 2490.
Pub. L. 103–122, title III, §313, Oct. 27, 1993, 107 Stat. 1221.
Pub. L. 102–388, title III, §313, Oct. 6, 1992, 106 Stat. 1546.
Pub. L. 102–143, title III, §313, Oct. 28, 1991, 105 Stat. 941, as amended by Pub. L. 102–240, title III, §§3003(b), 3004(b), Dec. 18, 1991, 105 Stat. 2088.
Pub. L. 101–516, title III, §313, Nov. 5, 1990, 104 Stat. 2181.
Pub. L. 101–164, title III, §314, Nov. 21, 1989, 103 Stat. 1094.
Pub. L. 100–457, title III, §314, Sept. 30, 1988, 102 Stat. 2148.
Pub. L. 100–202, §101(l) [title III, §314], Dec. 22, 1987, 101 Stat. 1329–358, 1329–379.
Pub. L. 99–500, §101(l) [H.R. 5205, title III, §317], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l) [H.R. 5205, title III, §317], Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, §101(e) [title III, §322], Dec. 19, 1985, 99 Stat. 1267, 1287.
1 So in original. Probably should be "section".
(a)
(1)
(A) the term "low or no emission vehicle" has the meaning given that term in subsection (c)(1);
(B) the term "State" means a State of the United States; and
(C) the term "territory" means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.
(2)
(A) to replace, rehabilitate, and purchase buses and related equipment, including technological changes or innovations to modify low or no emission vehicles or facilities; and
(B) to construct bus-related facilities.
(3)
(A) section 5307 shall apply to recipients of grants made in urbanized areas under this subsection; and
(B) section 5311 shall apply to recipients of grants made in rural areas under this subsection.
(4)
(A)
(i) designated recipients that allocate funds to fixed route bus operators; or
(ii) State or local governmental entities that operate fixed route bus service.
(B)
(5)
(A)
(B)
(6)
(A)
(B)
(7)
(A)
(B)
(i) in cash from non-Government sources other than revenues from providing public transportation services;
(ii) from revenues derived from the sale of advertising and concessions;
(iii) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;
(iv) from amounts received under a service agreement with a State or local social service agency or private social service organization; or
(v) from revenues generated from value capture financing mechanisms.
(8)
(9)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(b)
(1)
(A) replacing, rehabilitating, purchasing, or leasing buses or related equipment; and
(B) rehabilitating, purchasing, constructing, or leasing bus-related facilities.
(2)
(3)
(4)
(A) disclose all metrics and evaluation procedures to be used in considering grant applications under this subsection upon issuance of the notice of funding availability in the Federal Register; and
(B) publish a summary of final scores for selected projects, metrics, and other evaluations used in awarding grants under this subsection in the Federal Register.
(5)
(6)
(A)
(i) section 5307 for eligible recipients of grants made in urbanized areas; and
(ii) section 5311 for eligible recipients of grants made in rural areas.
(B)
(7)
(A) shall remain available for 3 fiscal years after the fiscal year for which the amount is made available; and
(B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year.
(8)
(c)
(1)
(A) the term "direct carbon emissions" means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;
(B) the term "eligible project" means a project or program of projects in an eligible area for—
(i) acquiring low or no emission vehicles;
(ii) leasing low or no emission vehicles;
(iii) acquiring low or no emission vehicles with a leased power source;
(iv) constructing facilities and related equipment for low or no emission vehicles;
(v) leasing facilities and related equipment for low or no emission vehicles;
(vi) constructing new public transportation facilities to accommodate low or no emission vehicles; or
(vii) rehabilitating or improving existing public transportation facilities to accommodate low or no emission vehicles;
(C) the term "leased power source" means a removable power source, as defined in subsection (c)(3) of section 3019 of the Federal Public Transportation Act of 2015 that is made available through a capital lease under such section;
(D) the term "low or no emission bus" means a bus that is a low or no emission vehicle;
(E) the term "low or no emission vehicle" means—
(i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or
(ii) a zero emission vehicle used to provide public transportation;
(F) the term "recipient" means a designated recipient, a local governmental authority, or a State that receives a grant under this subsection for an eligible project; and
(G) the term "zero emission vehicle" means a low or no emission vehicle that produces no carbon or particulate matter.
(2)
(3)
(A)
(B)
(C)
(i)
(ii)
(4)
(A) not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and
(B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
(i) 75 days after the date on which the solicitation expires; or
(ii) the end of the fiscal year in which the Secretary solicited the grant applications.
(5)
(A) make greater reductions in energy consumption and harmful emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses; and
(B) are part of a long-term integrated fleet management plan for the recipient.
(6)
(A) shall remain available to an eligible project for 3 fiscal years after the fiscal year for which the amount is made available; and
(B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year.
(7)
(A)
(B)
(Added Pub. L. 108–7, div. I, title III, §356, Feb. 20, 2003, 117 Stat. 421; amended Pub. L. 109–59, title III, §3037(a), Aug. 10, 2005, 119 Stat. 1635; Pub. L. 112–141, div. B, §20029(a), July 6, 2012, 126 Stat. 729; Pub. L. 113–159, title I, §1204, Aug. 8, 2014, 128 Stat. 1847; Pub. L. 114–21, title I, §1204, May 29, 2015, 129 Stat. 225; Pub. L. 114–41, title I, §1204, July 31, 2015, 129 Stat. 452; Pub. L. 114–73, title I, §1204, Oct. 29, 2015, 129 Stat. 575; Pub. L. 114–87, title I, §1204, Nov. 20, 2015, 129 Stat. 684; Pub. L. 114–94, div. A, title III, §3017(a), Dec. 4, 2015, 129 Stat. 1482.)
Section 3019 of the Federal Public Transportation Act of 2015, referred to in subsec. (c)(1)(C), is section 3019 of Pub. L. 114–94, which is set out as a note under section 5325 of this title.
2015—Pub. L. 114–94 amended section generally, substituting provisions relating to grants for buses and bus facilities for provisions relating to bus and bus facilities formula grants.
Subsec. (d)(1). Pub. L. 114–87 substituted "and $11,632,514 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $9,127,049 for the period beginning on October 1, 2015, and ending on November 20, 2015,", "$221,994 for such period" for "$174,180 for such period", and "$88,798 for such period" for "$69,672 for such period".
Pub. L. 114–73 substituted "and $9,127,049 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $5,189,891 for the period beginning on October 1, 2015, and ending on October 29, 2015,", "$174,180 for such period" for "$99,044 for such period", and "$69,672 for such period" for "$39,617 for such period".
Pub. L. 114–41 substituted "each of fiscal years 2013 through 2015 and $5,189,891 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and $54,553,425 for the period beginning on October 1, 2014, and ending on July 31, 2015,", "$99,044 for such period" for "$1,041,096 for such period", and "$39,617 for such period" for "$416,438 for such period".
Pub. L. 114–21 substituted "and $54,553,425 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $43,606,849 for the period beginning on October 1, 2014, and ending on May 31, 2015,", "$1,041,096 for such period" for "$832,192 for such period", and "$416,438 for such period" for "$332,877 for such period".
2014—Subsec. (d)(1). Pub. L. 113–159 inserted "for each of fiscal years 2013 and 2014 and $43,606,849 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "$65,500,000", "for each such fiscal year and $832,192 for such period" after "$1,250,000", and "for each such fiscal year and $332,877 for such period" after "$500,000".
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to alternatives analysis program.
2005—Pub. L. 109–59 inserted section catchline and amended text generally. Prior to amendment, text read as follows: "Effective for funds not yet expended on the effective date of this section, the Federal share for funds under this chapter for a grantee named in section 603(14) of Public Law 97–468 shall be the same as the Federal share under 23 U.S.C. section 120(b) for Federal aid highway funds apportioned to the State in which it operates."
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
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.
(a)
(b)
(c)
(1)
(2)
(A)
(B)
(3)
(d)
(1)
(2)
(A) the total land area of the State (in square miles); multiplied by
(B) 370; multiplied by
(C)(i) the population of the State in urbanized areas; divided by
(ii) the total population of the State.
(3)
(4)
(5)
(Added Pub. L. 109–59, title III, §3038(a), Aug. 10, 2005, 119 Stat. 1636; amended Pub. L. 114–94, div. A, title III, §3030(f), Dec. 4, 2015, 129 Stat. 1497.)
2015—Subsec. (b). Pub. L. 114–94 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion—
"(1) 50 percent to States and urbanized areas in accordance with subsection (c); and
"(2) 50 percent to States and urbanized areas in accordance with subsection (d)."
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
1 So in original. Probably should be "section 5338(a)(2)(N)".