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US (United States) Code. Title 49. Subtitle III: General and intermodal programs. Chapter 53: Mass Transportation

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-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5311(a) 49 App.:1614(c) (3d July 9, 1964, Pub. L.

sentence). 88-365, 78 Stat. 302, Sec.

18(b), (c) (2d, 3d

sentences), (d), (e)

(1st-4th sentences), (f);

added Nov. 6, 1978, Pub. L.

95-599, Sec. 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, Sec.

18(h); added Apr. 2, 1987,

Pub. L. 100-17, Sec. 323,

101 Stat. 235.

5311(c) 49 App.:1614(a) July 9, 1964, Pub. L.

(1st sentence). 88-365, 78 Stat. 302, Sec.

18(a) (1st sentence); added

Nov. 6, 1978, Pub. L.

95-599, Sec. 313, 92 Stat.

2748; Jan. 6, 1983, Pub. L.

97-424, Sec. 316(a), 96

Stat. 2153.

49 App.:1614(a) (2d July 9, 1964, Pub. L.

sentence). 88-365, 78 Stat. 302, Sec.

18(a) (2d sentence); added

Nov. 6, 1978, Pub. L.

95-599, Sec. 313, 92 Stat.

2748; Dec. 18, 1991, Pub. L.

102-240, Sec. 3024, 105

Stat. 2112.

49 App.:1614(c) July 9, 1964, Pub. L.

(1st sentence). 88-365, 78 Stat. 302, Sec.

18(c) (1st sentence); added

Nov. 6, 1978, Pub. L.

95-599, Sec. 313, 92 Stat.

2749; Jan. 6, 1983, Pub. L.

97-424, Sec. 316(b), 96

Stat. 2153.

5311(d) 49 App.:1614(b)

(1st sentence

1st-17th words),

words before 1st

and after 2d

commas).

5311(e)(1) 49 App.:1614(d).

5311(e)(2) 49 App.:1614(c) July 9, 1964, Pub. L.

(4th sentence). 88-365, 78 Stat. 302, Sec.

18(c) (4th sentence); added

Apr. 2, 1987, Pub. L.

100-17, Sec. 322, 101 Stat.

235.

5311(f) 49 App.:1614(i). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

18(i); added Dec. 18, 1991,

Pub. L. 102-240, Sec. 3023,

105 Stat. 2111.

5311(g)(1) 49 App.:1614(e) July 9, 1964, Pub. L.

(last sentence). 88-365, 78 Stat. 302, Sec.

18(e) (last sentence); added

Dec. 19, 1985, Pub. L.

99-190, Sec. 326, 99 Stat.

1289.

5311(g)(2) 49 App.:1614(e)

(1st-4th sentences).

5311(h) 49 App.:1614(c) July 9, 1964, Pub. L.

(last sentence). 88-365, 78 Stat. 302, Sec.

18(c) (last sentence); added

Oct. 6, 1992, Pub. L.

102-388, Sec. 502(l), 106

Stat. 1567.

5311(i) 49 App.:1614(g) July 9, 1964, Pub. L.

(related to this 88-365, 78 Stat. 302, Sec.

section). 18(g) (related to this

section); added Nov. 6,

1978, Pub. L. 95-599, Sec.

313(a), 92 Stat. 2750;

restated Dec. 18, 1991, Pub.

L. 102-240, Sec. 3022, 105

Stat. 2111.

5311(j) 49 App.:1614(f).

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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.

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 3014(a)(1), substituted "Formula

grants" for "Financial assistance" in section catchline.

Subsec. (f)(1). Pub. L. 105-178, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5302, 5310, 5319, 5323,

5327, 5331, 5333, 5334, 5336, 5338, 24305, 31138 of this title.

-End-

-CITE-

49 USC Sec. 5312 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5312. Research, development, demonstration, and training

projects

-STATUTE-

(a) Research, Development, and Demonstration Projects. - 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.

(b) Research, Investigations, and Training. - (1) The Secretary

of Transportation (or the Secretary of Housing and Urban

Development when required by section 5334(i) of this title) may

make grants to nonprofit institutions of higher learning -

(A) to conduct competent research and investigations into the

theoretical or practical problems of urban transportation; and

(B) to train individuals to conduct further research or obtain

employment in an organization that plans, builds, operates, or

manages an urban transportation system.

(2) Research and investigations under this subsection include -

(A) the design and use of urban mass transportation systems and

urban roads and highways;

(B) the interrelationship between various modes of urban and

interurban transportation;

planning;

(D) public preferences in transportation;

(E) the economic allocation of transportation resources; and

(F) the legal, financial, engineering, and esthetic aspects of

urban transportation.

(3) When making a grant under this subsection, the appropriate

Secretary shall give preference to an institution that brings

together knowledge and expertise in the various social science and

technical disciplines related to urban transportation problems.

(1) The Secretary of Transportation may make grants to States,

local governmental authorities, and operators of mass

transportation systems to provide fellowships to train personnel

employed in managerial, technical, and professional positions in

the mass transportation field.

(2) The Secretary of Transportation may make grants to State and

local governmental authorities for projects that will use

innovative techniques and methods in managing and providing mass

transportation.

(3) A fellowship under this subsection may be for not more than

one year of training in an institution that offers a program

applicable to the mass transportation industry. The recipient of

the grant shall select an individual on the basis of demonstrated

ability and for the contribution the individual reasonably can be

expected to make to an efficient mass transportation operation. A

grant for a fellowship may not be more than the lesser of $24,000

or 75 percent of -

(A) tuition and other charges to the fellowship recipient;

(B) additional costs incurred by the training institution and

billed to the grant recipient; and

period of the fellowship to the extent the salary is actually

paid or reimbursed by the grant recipient.

(d) Joint Partnership Program for Deployment of Innovation. -

(1) Definition of consortium. - In this subsection, the term

"consortium" -

(A) means 1 or more public or private organizations located

in the United States that provide mass transportation service

to the public and 1 or more businesses, including small- and

medium-sized businesses, incorporated in a State, offering

goods or services or willing to offer goods and services to

mass transportation operators; and

(B) may include, as additional members, public or private

research organizations located in the United States, or State

or local governmental authorities.

(2) General authority. - The Secretary may, under terms and

conditions that the Secretary prescribes, enter into grants,

contracts, cooperative agreements, and other agreements with

consortia selected in accordance with paragraph (4), to promote

the early deployment of innovation in mass transportation

services, management, operational practices, or technology that

has broad applicability. This paragraph shall be carried out in

consultation with the transit industry by competitively selected

consortia that will share costs, risks, and rewards of early

deployment of innovation.

(3) Consortium contribution. - A consortium assisted under this

subsection shall provide not less than 50 percent of the costs of

any joint partnership project. Any business, organization,

person, or governmental body may contribute funds to a joint

partnership project.

(4) Notice requirement. - The Secretary shall periodically give

public notice of the technical areas for which joint partnerships

are solicited, required qualifications of consortia desiring to

participate, the method of selection and evaluation criteria to

be used in selecting participating consortia and projects, and

the process by which innovation projects described in paragraph

(1) will be awarded.

(5) Use of revenues. - The Secretary shall accept, to the

maximum extent practicable, a portion of the revenues resulting

from sales of an innovation project funded under this section.

Such revenues shall be accounted for separately within the Mass

Transit Account of the Highway Trust Fund and shall be available

to the Secretary for activities under this subsection. Annual

revenues that are less than $1,000,000 shall be available for

obligation without further appropriation and shall not be subject

to any obligation limitation.

(e) International Mass Transportation Program. -

(1) Activities. - The Secretary is authorized to engage in

activities to inform the United States domestic mass

transportation community about technological innovations

available in the international marketplace and activities that

may afford domestic businesses the opportunity to become globally

competitive in the export of mass transportation products and

services. Such activities may include -

(A) development, monitoring, assessment, and dissemination

domestically of information about worldwide mass transportation

market opportunities;

(B) cooperation with foreign public sector entities in

research, development, demonstration, training, and other forms

of technology transfer and exchange of experts and information;

of firms, products, and services available from the United

States;

(D) informing the international market about the technical

quality of mass transportation products and services through

participation in seminars, expositions, and similar activities;

and

(E) offering those Federal Transit Administration technical

services which cannot be readily obtained from the United

States private sector to foreign public authorities planning or

undertaking mass transportation projects if the cost of these

services will be recovered under the terms of each project.

(2) Cooperation. - The Secretary may carry out activities under

this subsection in cooperation with other Federal agencies, State

or local agencies, public and private nonprofit institutions,

government laboratories, foreign governments, or any other

organization the Secretary determines is appropriate.

(3) Funding. - The funds available to carry out this subsection

shall include revenues paid to the Secretary by any cooperating

organization or person. Such revenues shall be accounted for

separately within the Mass Transit Account of the Highway Trust

Fund and shall be available to the Secretary to carry out

activities under this subsection, including promotional

materials, travel, reception, and representation expenses

necessary to carry out such activities. Annual revenues that are

less than $1,000,000 shall be available for obligation without

further appropriation and shall not be subject to any obligation

limitation. Not later than January 1 of each fiscal year, the

Secretary shall publish a report on the activities under this

paragraph funded from the account.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 811; Pub. L.

105-178, title III, Sec. 3015(a), June 9, 1998, 112 Stat. 359.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5312(a) 49 App.:1605(a). July 9, 1964, Pub. L.

88-365, Sec. 6(a), 78 Stat.

305; May 25, 1967, Pub. L.

90-19, Sec. 20(a), 81 Stat.

25; Oct. 15, 1970, Pub. L.

91-453, Sec. 13(b), 84 Stat.

969.

49 App.:1605(d). July 9, 1964, Pub. L.

88-365, Sec. 6(d), 78 Stat.

305; Sept. 8, 1966, Pub. L.

89-562, Sec. 3, 80 Stat.

717; May 25, 1967, Pub. L.

90-19, Sec. 20(a), 81 Stat.

25.

5312(b)(1) 49 App.:1607c(a) July 9, 1964, Pub. L.

(1st, 2d sentences). 88-365, 78 Stat. 302, Sec.

11(a); added Sept. 8, 1966,

Pub. L. 89-562, Sec.

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 July 9, 1964, Pub. L.

sentence). 88-365, 78 Stat. 302, Sec.

10; added Sept. 8, 1966,

Pub. L. 89-562, Sec.

2(a)(2), 80 Stat. 716;

restated Nov. 6, 1978, Pub.

L. 95-599, Sec. 306, 92

Stat. 2744.

5312(c)(2) 49 App.:1603(c) July 9, 1964, Pub. L.

(1st sentence). 88-365, 78 Stat. 302, Sec.

4(c) (1st sentence); added

Nov. 6, 1978, Pub. L.

95-599, Sec. 303(e), 92

Stat. 2739; Apr. 2, 1987,

Pub. L. 100-17, Sec. 320,

101 Stat. 235; Dec. 18,

1991, Pub. L. 102-240, Sec.

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.

AMENDMENTS

1998 - Subsecs. (d), (e). Pub. L. 105-178 added subsecs. (d) and

(e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5313, 5314, 5333, 5334,

5338 of this title.

-End-

-CITE-

49 USC Sec. 5313 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5313. State planning and research programs

-STATUTE-

(a) Cooperative Research Program. - (1) The amounts made

available under paragraphs (1) and (2)(C)(ii) of section 5338(d) of

this title are available for a mass transportation cooperative

research program. The Secretary of Transportation shall establish

an independent governing board for the program. The board shall

recommend mass transportation research, development, and technology

transfer activities the Secretary considers appropriate.

(2) The Secretary may make grants to, and cooperative agreements

with, the National Academy of Sciences to carry out activities

under this subsection that the Secretary decides are appropriate.

(b) State Planning and Research. - (1) The amounts made available

under paragraphs (1) and (2)(C)(ii) of section 5338(c) of this

title shall be apportioned to States for grants and contracts

consistent with the purposes of sections 5303-5306, 5312, 5315,

5317,(!1) and 5322 of this title. The amounts shall be apportioned

so that each State receives an amount equal to the population in

urbanized areas in the State, divided by the population in

urbanized areas in all States, as shown by the latest available

decennial census. However, a State must receive at least .5 percent

of the amount apportioned under this subsection.

(2) A State, as the State considers appropriate, may authorize

part of the amount made available under this subsection to be used

to supplement amounts available under subsection (a) of this

section.

(3) An amount apportioned under this subsection -

(A) remains available for 3 years after the fiscal year in

which the amount is apportioned; and

(B) that is unobligated at the end of the 3-year period shall

be reapportioned among the States for the next fiscal year.

financial benefit to an entity under a grant or contract financed

under subsection (a) of this section, the Secretary shall establish

a United States Government share consistent with the benefit.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 812; Pub. L.

105-178, title III, Sec. 3029(b)(4), (5), June 9, 1998, 112 Stat.

372.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5313(a) 49 App.:1622(a)(1). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

26(a); added Dec. 18, 1991,

Pub. L. 102-240, Sec. 3030,

105 Stat. 2117; Oct. 6,

1992, Pub. L. 102-388, Sec.

502(r), 106 Stat. 1567.

5313(b) 49 App.:1622(a)(2).

5313(c) 49 App.:1622(b)(8) July 9, 1964, Pub. L.

(related to 88-365, 78 Stat. 302, Sec.

subsection (a)(1)). 26(b)(8) (related to

subsection (a)(1)); added

Dec. 18, 1991, Pub. L.

102-240, Sec. 3030, 103

Stat. 2119.

--------------------------------------------------------------------

In subsection (b)(1), the word "total" is omitted as surplus.

In subsection (b)(2), the word "subsection" in the source

provision is translated as if it were "paragraph" to reflect the

apparent intent of Congress.

In subsection (b)(3)(A), the words "for obligation", "a period

of", and "the close of" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

Section 5317 of this title, referred to in subsec. (b)(1), was

repealed by Pub. L. 105-178, title V, Sec. 5110(c), June 9, 1998,

112 Stat. 444.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 3029(b)(4),

substituted "The amounts made available under paragraphs (1) and

(2)(C)(ii) of section 5338(d)" for "Fifty percent of the amounts

made available under section 5338(g)(3)".

Subsec. (b)(1). Pub. L. 105-178, Sec. 3029(b)(5), substituted

"The amounts made available under paragraphs (1) and (2)(C)(ii) of

section 5338(c)" for "Fifty percent of the amounts made available

under section 5338(g)(3)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5314, 5338 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 5314 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5314. National planning and research programs

-STATUTE-

(a) Program. - (1) The amounts made available under subsections

(d) and (h)(7) of section 5338 of this title are available to the

Secretary of Transportation for grants and contracts for the

purposes of sections 5303-5306, 5312, 5315, 5317,(!1) and 5322 of

this title, as the Secretary considers appropriate.

(2) Of the amounts made available under paragraph (1) of this

subsection, the Secretary shall make available at least $3,000,000

to provide mass transportation-related technical assistance,

demonstration programs, research, public education, and other

activities the Secretary considers appropriate to help mass

transportation providers comply with the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). To the extent

practicable, the Secretary shall carry out this paragraph through a

contract with a national nonprofit organization serving individuals

with disabilities that has a demonstrated capacity to carry out the

activities.

(3) Not more than 25 percent of the amounts available under

paragraph (1) of this subsection is available to the Secretary for

special demonstration initiatives, subject to terms the Secretary

considers consistent with this chapter, except that section

5323(a)(1)(D) of this title applies to an operational grant

financed in carrying out section 5312(a) of this title. For a

nonrenewable grant of not more than $100,000, the Secretary shall

provide expedited procedures on complying with the requirements of

this chapter.

(4)(A) The Secretary may undertake a program of mass

transportation technology development in coordination with affected

entities.

(B) 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.

technology development projects financed under this paragraph. The

guidelines shall be flexible and reflect the extent of technical

risk, market risk, and anticipated supplier benefits and payback

periods.

(5) The Secretary may use amounts appropriated under this

subsection to supplement amounts available under section 5313(a) of

this title, as the Secretary considers appropriate.

(b) Government's Share. - When there would be a clear and direct

financial benefit to an entity under a grant or contract financed

under subsection (a) of this section, the Secretary shall establish

a United States Government share consistent with the benefit.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 812; Pub. L.

105-178, title III, Secs. 3016, 3029(b)(6), June 9, 1998, 112 Stat.

361, 372.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5314(a) 49 App.:1622(b) July 9, 1964, Pub. L.

(1)-(7). 88-365, 78 Stat. 302, Sec.

26(b)(1)-(8) (related to

this subsection); added Dec.

18, 1991, Pub. L. 102-240,

Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

Section 5317 of this title, referred to in subsec. (a)(1), was

repealed by Pub. L. 105-178, title V, Sec. 5110(c), June 9, 1998,

112 Stat. 444.

The Americans with Disabilities Act of 1990, referred to in

subsec. (a)(2), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended, which is classified principally to chapter 126 (Sec.

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.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 3029(b)(6),

substituted "subsections (d) and (h)(7) of section 5338" for

"section 5338(g)(4)".

Subsec. (a)(2). Pub. L. 105-178, Sec. 3016, substituted

"$3,000,000" for "$2,000,000".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5338 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 5315 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5315. National transit institute

-STATUTE-

(a) Establishment and Duties. - The Secretary of Transportation

shall make grants to Rutgers University to establish a national

transit institute. In cooperation with the Federal Transit

Administration, State transportation departments, public mass

transportation authorities, and national and international

entities, the institute shall develop and conduct training programs

of instruction for United States Government, State, and local

transportation employees, United States citizens, and foreign

nationals engaged or to be engaged in Government-aid mass

transportation work. The programs may include courses in recent

developments, techniques, and procedures related to -

(1) mass transportation planning;

(2) management;

(3) environmental factors;

(4) acquisition and joint use of rights of way;

(5) engineering and architectural design;

(6) procurement strategies for mass transportation systems;

(7) turnkey approaches to delivering mass transportation

systems;

(8) new technologies;

(9) emission reduction technologies;

(10) ways to make mass transportation accessible to individuals

with disabilities;

(11) construction, construction management, insurance, and risk

management;

(12) maintenance;

(13) contract administration;

(14) inspection;

(15) innovative finance; and

(16) workplace safety.

(b) Related Educational and Training Programs. - The Secretary

shall delegate to the institute the authority of the Secretary to

develop and conduct educational and training programs related to

mass transportation.

Government, State, and local transportation employees under this

section shall be provided -

(1) by the Secretary at no cost to the States and local

governments for subjects that are a Government program

responsibility; or

(2) when the education and training are paid under subsection

(d) of this section, by the State, with the approval of the

Secretary, through grants and contracts with public and private

agencies, other institutions, individuals, and the institute.

(d) Availability of Amounts. - Not more than .5 percent of the

amounts made available for a fiscal year beginning after September

30, 1991, to a State or public mass transportation authority in the

State to carry out sections 5307 and 5309 of this title is

available for expenditure by the State and public mass

transportation authorities in the State, with the approval of the

Secretary, to pay not more than 80 percent of the cost of tuition

and direct educational expenses related to educating and training

State and local transportation employees under this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 813; Pub. L.

104-287, Sec. 5(13), Oct. 11, 1996, 110 Stat. 3390; Pub. L.

105-178, title III, Sec. 3017(a), June 9, 1998, 112 Stat. 361; Pub.

L. 105-206, title IX, Sec. 9009(l), July 22, 1998, 112 Stat. 857.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5315(a) 49 App.:1625(a) July 9, 1964, Pub. L.

(1st-3d sentences). 88-365, 78 Stat. 302, Sec.

29(a)-(c); added Dec. 18,

1991, Pub. L. 102-240, Sec.

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.

PUB. L. 104-287

This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e)

to correct erroneous cross-references.

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 3017(a)(1), as amended by Pub. L.

105-206 substituted "transit" for "mass transportation" in section

catchline.

Subsec. (a). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 3017(a)(2)(C), as amended

by Pub. L. 105-206 substituted "delivering" for "carrying out".

Subsec. (a)(11). Pub. L. 105-178, Sec. 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, Sec. 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".

EFFECTIVE DATE OF 1998 AMENDMENT

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.

EFFECTIVE DATE OF 1996 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5313, 5314, 5338 of this

title.

-End-

-CITE-

49 USC Secs. 5316, 5317 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

[Secs. 5316, 5317. Repealed. Pub. L. 105-178, title V, Sec.

5110(c), June 9, 1998, 112 Stat. 444]

-MISC1-

Section 5316, Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat.

814; Pub. L. 104-59, title III, Sec. 338(c)(5), Nov. 28, 1995, 109

Stat. 605, related to university research institutes.

Section 5317, Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat.

815; Pub. L. 104-287, Sec. 5(14), Oct. 11, 1996, 110 Stat. 3390;

Pub. L. 105-178, title III, Sec. 3029(b)(7), June 9, 1998, 112

Stat. 372, related to transportation centers.

-End-

-CITE-

49 USC Sec. 5318 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5318. Bus testing facility

-STATUTE-

(a) Establishment. - 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.

(b) Operation and Maintenance. - The Secretary shall enter into a

contract or cooperative agreement with, or make a grant to, a

qualified person or organization to operate and maintain the

facility. The contract, cooperative agreement, or grant may provide

for the testing of rail cars and other mass transportation vehicles

at the facility.

shall establish and collect fees for the testing of vehicles at the

facility. The Secretary must approve the fees.

(d) Availability of Amounts To Pay for Testing. - The Secretary

shall enter into a contract or cooperative agreement with, or make

a grant to, the operator of the facility under which the Secretary

shall pay 80 percent of the cost of testing a vehicle at the

facility from amounts available under section 5309(m)(1)(C) of this

title. The entity having the vehicle tested shall pay 20 percent of

the cost.

(e) Revolving Loan Fund. - 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 817; Pub. L.

103-429, Sec. 6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105-178,

title III, Secs. 3018, 3029(b)(8), June 9, 1998, 112 Stat. 361,

372.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5318(a) 49 App.:1608 (note). Apr. 2, 1987, Pub. L.

100-17, Sec. 317(b)(1), 101

Stat. 233; Dec. 18, 1991,

Pub. L. 102-240, Sec.

6021(b), 105 Stat. 2184.

5318(b) 49 App.:1608 (note). Apr. 2, 1987, Pub. L.

100-17, Sec. 317(b)(2), 101

Stat. 233.

5318(c) 49 App.:1608 (note). Apr. 2, 1987, Pub. L.

100-17, Sec. 317(b)(3), 101

Stat. 233.

5318(d) 49 App.:1602(m) July 9, 1964, Pub. L.

(2d-last sentences). 88-365, 78 Stat. 302, Sec.

3(m) (2d-last sentences);

added Dec. 18, 1991, Pub. L.

102-240, Sec. 3009, 105

Stat. 2093.

5318(e) 49 App.:1608 (note). Apr. 2, 1987, Pub. L.

100-17, Sec. 317(b)(5), 101

Stat. 233; Dec. 18, 1991,

Pub. L. 102-240, Sec.

6021(c), 105 Stat. 2184.

49 App.:1608 (note). Apr. 2, 1987, Pub. L.

100-17, 101 Stat. 132, Sec.

317(b)(6); added Dec. 18,

1991, Pub. L. 102-240, Sec.

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.

PUB. L. 103-429

This amends 49:5318(e) to correct an erroneous cross-reference.

-REFTEXT-

REFERENCES IN TEXT

Section 317(b)(5) of the Surface Transportation and Uniform

Relocation Assistance Act of 1987, referred to in subsec. (e), is

section 317(b)(5) of Pub. L. 100-17, which was set out as a note

under section 1608 of former Title 49, Transportation, and was

repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.

1379. For further details, see Historical and Revision Notes for

Pub. L. 103-272 above.

-MISC2-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-178, Sec. 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, Secs. 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".

EFFECTIVE DATE OF 1994 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 5309, 5323, 5333,

5336 of this title.

-End-

-CITE-

49 USC Sec. 5319 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5319. Bicycle facilities

-STATUTE-

A project to provide access for bicycles to mass transportation

facilities, to provide shelters and parking facilities for bicycles

in or around mass transportation facilities, or to install

equipment for transporting bicycles on mass transportation vehicles

is a capital project eligible for assistance under sections 5307,

5309, and 5311 of this title. Notwithstanding sections 5307(e),

5309(h), and 5311(g) of this title, a grant of the United States

Government under this chapter for a project made eligible by this

section is for 90 percent of the cost of the project, except that,

if the grant or any portion of the grant is made with funds

required to be expended under section 5307(k) and the project

involves providing bicycle access to mass transportation, that

grant or portion of that grant shall be at a Federal share of 95

percent.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 818; Pub. L.

105-178, title III, Sec. 3019, June 9, 1998, 112 Stat. 362.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5319 49 App.:1621. July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

25; added Apr. 2, 1987, Pub.

L. 100-17, Sec. 326, 101

Stat. 237.

--------------------------------------------------------------------

The words "For purposes of this chapter" and "racks or other" are

omitted as surplus. The word "grant" is substituted for "share" for

consistency in this chapter.

AMENDMENTS

1998 - Pub. L. 105-178 substituted "made eligible by this section

is for 90 percent of the cost of the project, except that, if the

grant or any portion of the grant is made with funds required to be

expended under section 5307(k) and the project involves providing

bicycle access to mass transportation, that grant or portion of

that grant shall be at a Federal share of 95 percent" for "under

this section is for 90 percent of the cost of the project".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5307 of this title.

-End-

-CITE-

49 USC Sec. 5320 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5320. Suspended light rail system technology pilot project

-STATUTE-

(a) Purpose. - The purpose of this section is to provide for the

construction by a public entity of a suspended light rail system

technology pilot project -

(1) to assess the state of new technology for a suspended light

rail system; and

(2) to establish the feasibility, costs, and benefits of using

the system to transport passengers.

(b) General Requirements. - The project shall -

(1) use new rail technology with individual vehicles on a

prefabricated elevated steel guideway;

(2) be stability-seeking with a center of gravity for the

detachable passenger vehicles located below the point of

wheel-rail contact; and

(3) use vehicles that are driven by overhead bogies with high

efficiency, low maintenance electric motors for each wheel,

operating in a slightly sloped plane from vertical for the wheels

and the running rails, to further increase stability,

acceleration, and braking performance.

conduct a national competition to select a public entity with which

to make a full funding grant agreement to construct the project.

Not later than April 16, 1992, the Secretary shall select 3 public

entities to be finalists in the competition. In conducting the

competition and selecting public entities, the Secretary shall

consider -

(A) the public entity's demonstrated understanding and

knowledge of the project and its technical, managerial, and

financial capacity to construct, manage, and operate the project;

and

(B) maximizing potential contributions to the cost of the

project by State, local, and private sector entities, including

donation of in-kind services and materials.

(2) The Secretary shall award a grant to each finalist to be used

to participate in the final phase of the competition under

procedures the Secretary prescribes. A grant may not be more than

80 percent of the cost of participating. A finalist may not receive

more than one-third of the amount made available under subsection

(h)(1)(A) of this section.

(3) Not later than July 15, 1992, the Secretary shall select from

among the 3 finalists a public entity with which to make a full

funding grant agreement.

(d) Environmental Impact. - Not later than 270 days after a

public entity is selected under subsection (c) of this section, the

Secretary shall approve and publish in the Federal Register a

notice announcing either a finding of no significant impact or a

draft environmental impact statement for the project. The

alternatives analysis for the project shall include a decision on

whether to construct the project. If a draft statement is

published, the Secretary, not later than 180 days after

publication, shall approve and publish in the Federal Register a

notice of completion of a final environmental impact statement.

(e) Full Funding Grant Agreement. - Not later than 60 days after

carrying out the requirements of subsection (d) of this section,

the Secretary shall make a full funding grant agreement under

section 5309 of this title with the public entity selected under

subsection (c) of this section to construct the project. The

agreement shall provide that the system vendor for the project

shall finance -

(1) 100 percent of any deficit incurred in operating the

project in the first 2 years of revenue operations of the

project; and

(2) 50 percent of any deficit incurred in operating the project

in the 3d year of revenue operations of the project.

(f) Notice To Proceed. - Not later than 30 days after making the

full funding grant agreement, the Secretary shall issue a notice to

proceed with construction.

(g) Option Not To Construct and Reawarding the Grant. - (1) Not

later than 30 days after completing preliminary engineering and

design, the selected public entity shall decide whether to proceed

to constructing the project. If the entity decides not to proceed -

(A) the Secretary shall not make the full funding grant

agreement;

(B) remaining amounts received shall be returned to the

Secretary and credited to the Mass Transit Account of the Highway

Trust Fund; and

amounts to be provided under this section to award to another

entity selected under subsection (c)(1) of this section a grant

under section 5309 of this title to construct the project.

(2) Not later than 60 days after a decision is made under

paragraph (1) of this subsection, a grant shall be awarded under

paragraph (1)(C) of this subsection after completing a competitive

process for selecting the grant recipient.

(h) Financing. - (1) The Secretary shall pay from amounts

provided under section 5309 of this title the following:

(A) at least $1,000,000 for the fiscal year ending September

30, 1992, for grants under subsection (c)(2) of this section.

(B) at least $4,000,000 for the fiscal year ending September

30, 1993, for the United States Government share of the costs (as

determined under section 5309 of this title) if the systems

planning, alternatives analysis, preliminary engineering, and

design and environmental impact statement are required by law for

the project.

30, 1994, as provided in the grant agreement under subsection (e)

of this section, for the Government share of the construction

costs of the project.

(2) The grant agreement under subsection (e) of this section

shall provide that for the 3d year of revenue operations of the

project, the Secretary shall pay from amounts provided under this

section the Government share of operating costs in an amount equal

to the lesser of 50 percent of the deficit incurred in operating

the project in that year or $300,000.

(3) Amounts not expended under paragraph (1)(A) of this

subsection are available for the Government share of costs

described in paragraph (1)(B) and (C) of this subsection.

(4) Amounts under paragraph (1)(B) and (C) of this subsection

remain available until expended.

(i) Government's Share of Costs. - The Government share of the

cost of constructing the project is 80 percent of the net cost of

the project.

(j) Project Not Subject to Major Capital Investment Policy. - The

project is not subject to the major capital investment policy of

the Federal Transit Administration.

(k) Report. - Not later than January 30, 1993, and each year

after that date, the Secretary shall submit to Congress a report on

the progress and results of the project.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 818; Pub. L.

103-429, Sec. 6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105-178,

title III, Sec. 3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L.

105-206, title IX, Sec. 9009(h)(1), July 22, 1998, 112 Stat. 856.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5320(a) 49 App.:1622(c)(2). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

26(c); added Dec. 18, 1991,

Pub. L. 102-240, Sec. 3030,

105 Stat. 2119.

5320(b) 49 App.:1622(c)(3).

5320(c) 49 App.:1622(c)(4).

5320(d) 49 App.:1622(c)(5)

(1st-3d sentences).

5320(e) 49 App.:1622(c)(1),

(8).

5320(f) 49 App.:1622(c)(6).

5320(g) 49 App.:1622(c)(7).

5320(h) 49 App.:1622(c)(9).

5320(i) 49 App.:1622(c)(10).

5320(j) 49 App.:1622(c)(5)

(last sentence).

5320(k) 49 App.:1622(c)(11).

--------------------------------------------------------------------

In subsections (c)(1), before clause (A), and (h)(2), the words

"Notwithstanding any other provision of law" are omitted as

surplus.

In subsection (c)(1), before clause (A), the text of 49

App.:1622(c)(4)(B) is omitted as executed.

In subsection (d), the words "or not" and "actually" are omitted

as surplus.

In subsection (e), before clause (1), the words "negotiate and"

are omitted as surplus.

In subsections (g)(1)(C) and (h)(1)(C) and (2), the word

"section" in the source provision is translated as if it were

"subsection" to reflect the apparent intent of Congress.

In subsection (g)(1), before clause (A), the words "or not" and

"actual" are omitted as surplus. In clause (C), the words "another

entity" are substituted for "entities", and the words "paragraph

(4)(e)" in the source provision are translated as if they were

"paragraph (4)(C)", for clarity.

PUB. L. 103-429

This amends 49:5320(g)(2) to correct an erroneous

cross-reference.

AMENDMENTS

1998 - Subsec. (c)(1), (3). Pub. L. 105-178, Sec.

3009(h)(3)(A)(i), substituted "full funding" for "full financing".

Subsec. (e). Pub. L. 105-178, Sec. 3009(h)(3)(A)(ii), as amended

by Pub. L. 105-206, substituted "Funding" for "Financing" in

heading.

Pub. L. 105-178, Sec. 3009(h)(3)(A)(i), substituted "full

funding" for "full financing".

Subsecs. (f), (g)(1)(A). Pub. L. 105-178, Sec. 3009(h)(3)(A)(i),

substituted "full funding" for "full financing".

1994 - Subsec. (g)(2). Pub. L. 103-429 substituted "paragraph

(1)(C) of this subsection" for "paragraph (1)(C) of this section".

EFFECTIVE DATE OF 1998 AMENDMENT

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.

EFFECTIVE DATE OF 1994 AMENDMENT

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.

-End-

-CITE-

49 USC Sec. 5321 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5321. Crime prevention and security

-STATUTE-

The Secretary of Transportation may make capital grants from

amounts available under section 5338 of this title to mass

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 820.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5321 49 App.:1620. July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

24; added Apr. 2, 1987, Pub.

L. 100-17, Sec. 325, 101

Stat. 237.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 13931.

-End-

-CITE-

49 USC Sec. 5322 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5322. Human resource programs

-STATUTE-

The Secretary of Transportation may undertake, or make grants and

contracts for, programs that address human resource needs as they

apply to mass transportation activities. A program may include -

(1) an employment training program;

(2) an outreach program to increase minority and female

employment in mass transportation activities;

(3) research on mass transportation personnel and training

needs; and

(4) training and assistance for minority business

opportunities.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 820.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5322 49 App.:1616. July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

20; added Nov. 6, 1978, Pub.

L. 95-599, Sec. 315, 92

Stat. 2751.

--------------------------------------------------------------------

In this section, before clause (1), the word "make" is

substituted for "provide financial assistance by" to eliminate

unnecessary words. The words "national and local" are omitted as

surplus. The text of 49 App.:1616 (last sentence) is omitted as

surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5313, 5314, 5338 of this

title.

-End-

-CITE-

49 USC Sec. 5323 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5323. General provisions on assistance

-STATUTE-

(a) Interests in Property. - (1) Financial assistance provided

under this chapter to a State or a local governmental authority may

be used to acquire an interest in, or buy property of, a private

mass transportation company, for a capital project for property

acquired from a private mass transportation company after July 9,

1964, or to operate mass transportation equipment or a mass

transportation facility in competition with, or in addition to,

transportation service provided by an existing mass transportation

company, only if -

(A) the Secretary of Transportation finds the assistance is

essential to a program of projects required under sections

5303-5306 of this title;

(B) the Secretary of Transportation finds that the program, to

the maximum extent feasible, provides for the participation of

private mass transportation companies;

the company for its franchise or property; and

(D) the Secretary of Labor certifies that the assistance

complies with section 5333(b) of this title.

(2) A governmental authority may not use financial assistance of

the United States Government to acquire land, equipment, or a

facility used in mass transportation from another governmental

authority in the same geographic area.

(b) Notice and Public Hearing. - (1) An application for a grant

or loan under this chapter for a capital project that will affect

substantially a community, or the mass transportation service of a

community, must include a certificate of the applicant that the

applicant has -

(A) provided an adequate opportunity for a public hearing with

adequate prior notice;

(B) held that hearing unless no one with a significant

economic, social, or environmental interest requested one;

of the project; and

(D) found that the project is consistent with official plans

for developing the urban area.

(2) Notice of a hearing under this subsection shall include a

concise description of the proposed project and shall be published

in a newspaper of general circulation in the geographic area the

project will serve. If a hearing is held, a copy of the transcript

of the hearing shall be submitted with the application.

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.

(d) Condition on Charter Bus Transportation Service. - (1)

Financial assistance under this chapter may be used to buy or

operate a bus only if the applicant, governmental authority, or

publicly owned operator that receives the assistance agrees that,

except as provided in the agreement, the governmental authority or

an operator of mass transportation for the governmental authority

will not provide charter bus transportation service outside the

urban area in which it provides regularly scheduled mass

transportation service. An agreement shall provide for a fair

arrangement the Secretary of Transportation considers appropriate

to ensure that the assistance will not enable a governmental

authority or an operator for a governmental authority to foreclose

a private operator from providing intercity charter bus service if

the private operator can provide the service.

(2) 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.

(e) Bus Passenger Seat Functional Specifications. - 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.

(f) Schoolbus Transportation. - (1) Financial assistance under

this chapter may be used for a capital project, or to operate mass

transportation equipment or a mass transportation facility, only if

the applicant agrees not to provide schoolbus transportation that

exclusively transports students and school personnel in competition

with a private schoolbus operator. This subsection does not apply -

(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;

(B) unless a private schoolbus operator can provide adequate

transportation that complies with applicable safety standards at

reasonable rates; and

direct predecessor in interest from which it acquired the duty of

transporting school children and personnel, and facilities to

transport them, provided schoolbus transportation at any time

after November 25, 1973, but before November 26, 1974.

(2) An applicant violating an agreement under this subsection may

not receive other financial assistance under this chapter.

(g) Buying Buses Under Other Laws. - Subsections (d) and (f) of

this section apply to financial assistance to buy a bus under

sections 103(e)(4) (!1) and 142(a) or (c) of title 23. However,

subsection (f)(1)(C) of this section applies to sections 103(e)(4)

(!1) and 142(a) or (c) only if schoolbus transportation was

provided at any time after August 12, 1972, but before August 13,

1973.

(h) Grant and Loan Prohibitions. - A grant or loan may not be

used to -

(1) pay ordinary governmental or nonproject operating expenses;

(2) support a procurement that uses an exclusionary or

discriminatory specification.

(i) Government Share of Costs for Certain Projects. - A grant for

a project to be assisted under this chapter that involves acquiring

vehicle-related equipment required by the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or

vehicle-related equipment (including clean fuel or alternative fuel

vehicle-related equipment) for purposes of complying with or

maintaining compliance with the Clean Air Act, is for 90 percent of

the net project cost of such equipment attributable to compliance

with those Acts. The Secretary shall have discretion to determine,

through practicable administrative procedures, the costs of such

equipment attributable to compliance with those Acts.

(j) Buy America. - (1) The Secretary of Transportation may

obligate an amount that may be appropriated to carry out this

chapter for a project only if the steel, iron, and manufactured

goods used in the project are produced in the United States.

(2) The Secretary of Transportation may waive paragraph (1) of

this subsection if the Secretary finds that -

(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;

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

(D) including domestic material will increase the cost of the

overall project by more than 25 percent.

(3) In this subsection, labor costs involved in final assembly

are not included in calculating the cost of components.

(4) The Secretary of Transportation may not make a waiver under

paragraph (2) of this subsection for goods produced in a foreign

country if the Secretary, in consultation with the United States

Trade Representative, decides that the government of that foreign

country -

(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.

(5) A person is ineligible under subpart 9.4 of chapter 1 of

title 48, Code of Federal Regulations, to receive a contract or

subcontract made with amounts authorized under the Intermodal

Surface Transportation Efficiency Act of 1991 (Public Law 102-240,

105 Stat. 1914) if a court or department, agency, or

instrumentality of the Government decides the person intentionally

(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 clause (A) of this

paragraph were produced in the United States.

(6) The Secretary of Transportation may not impose any limitation

on assistance provided under this chapter that restricts a State

from imposing more stringent requirements than this subsection on

the use of articles, materials, and supplies mined, produced, or

manufactured in foreign countries in projects carried out with that

assistance or restricts a recipient of that assistance from

complying with those State-imposed requirements.

(7) Opportunity to correct inadvertent error. - The Secretary may

allow a manufacturer or supplier of steel, iron, or manufactured

goods to correct after bid opening any certification of

noncompliance or failure to properly complete the certification

(but not including failure to sign the certification) under this

subsection if such manufacturer or supplier attests under penalty

of perjury that such manufacturer or supplier submitted an

incorrect certification as a result of an inadvertent or clerical

error. The burden of establishing inadvertent or clerical error is

on the manufacturer or supplier.

(k) Participation of Governmental Agencies in Design and Delivery

of Transportation Services. - To the extent feasible, governmental

agencies and nonprofit organizations that receive assistance from

Government sources (other than the Department of Transportation)

for nonemergency transportation services -

(1) shall participate and coordinate with recipients of

assistance under this chapter in the design and delivery of

transportation services; and

(2) shall be included in the planning for those services.

(l) Application of Section 135 of Title 23. - The planning and

programming requirements of section 135 of title 23 apply to a

grant made under sections 5307-5311 of this title.

(m) Preaward and Postdelivery Review of Rolling Stock Purchases.

- The Secretary of Transportation shall prescribe regulations

requiring a preaward and postdelivery review of a grant under this

chapter to buy rolling stock to ensure compliance with Government

motor vehicle safety requirements, subsection (j) of this section,

and bid specifications requirements of grant recipients under this

chapter. Under this subsection, independent inspections and review

are required, and a manufacturer certification is not sufficient.

(n) Submission of Certifications. - A certification required

under this chapter and any additional certification or assurance

required by law or regulation to be submitted to the Secretary may

be consolidated into a single document to be submitted annually as

part of a grant application under this chapter. The Secretary shall

publish annually a list of all certifications required under this

chapter with the publication required under section 5336(e)(2).

(o) Grant Requirements. - The grant requirements under sections

5307 and 5309 apply to any project under this chapter that receives

any assistance or other financing under the Transportation

Infrastructure Finance and Innovation Act of 1998.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 821; Pub. L.

103-429, Sec. 6(10), Oct. 31, 1994, 108 Stat. 4379; Pub. L.

104-287, Sec. 5(15), Oct. 11, 1996, 110 Stat. 3390; Pub. L.

105-178, title III, Sec. 3020, June 9, 1998, 112 Stat. 362.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5323(a)(1) 49 App.:1602(e). July 9, 1964, Pub. L.

88-365, Sec. 3(e), 78 Stat.

303; Sept. 8, 1966, Pub. L.

89-562, Sec. 2(b)(1), 80

Stat. 716; May 25, 1967,

Pub. L. 90-19, Sec. 20(a),

81 Stat. 25; Oct. 15, 1970,

Pub. L. 91-453, Sec. 2(1),

84 Stat. 962; Nov. 6, 1978,

Pub. L. 95-599, Sec. 302(c),

92 Stat. 2737.

5323(a)(2) 49 App.:1608(e). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(e), (g); added Nov. 6,

1978, Pub. L. 95-599, Sec.

308(d), 92 Stat. 2747.

5323(b) 49 App.:1602(d). July 9, 1964, Pub. L.

88-365, Sec. 3(d), 78 Stat.

303; May 25, 1967, Pub. L.

90-19, Sec. 20(a), 81 Stat.

25; restated Oct. 15, 1970,

Pub. L. 91-453, Sec. 2(2),

84 Stat. 964.

5323(c) 49 App.:1608(h)(1). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(h)(1); added Apr. 2,

1987, Pub. L. 100-17, Sec.

317(a), 101 Stat. 233.

5323(d) 49 App.:1602(f). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

3(f); added Jan. 4, 1974,

Pub. L. 93-650, Sec. 1(a),

89 Stat. 2-1; Aug. 22, 1974,

Pub. L. 93-383, Sec. 813(a),

88 Stat. 737; Nov. 26, 1974,

Pub. L. 93-503, Sec. 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, Sec.

3(g); added Nov. 26, 1974,

Pub. L. 93-503, Sec. 109(a),

88 Stat. 1572.

5323(g) 49 App.:1602a. Aug. 13, 1973, Pub. L.

93-87, Sec. 164, 87 Stat.

281; Jan. 4, 1974, Pub. L.

93-650, Sec. 1(b), 89 Stat.

2-1; Aug. 22, 1974, Pub. L.

93-383, Sec. 813(b), 88

Stat. 737.

5323(h) 49 July 9, 1964, Pub. L.

App.:1602(a)(2)(C). 88-365, Sec. 3(a)(2)(C), 78

Stat. 303; May 25, 1967,

Pub. L. 90-19, Sec. 20(a),

81 Stat. 25; Oct. 15, 1970,

Pub. L. 91-453, Sec. 2(2),

84 Stat. 962; Nov. 26, 1974,

Pub. L. 93-503, Secs. 102,

104, 106, 88 Stat. 1566,

1571, 1572; restated Nov. 6,

1978, Pub. L. 95-599, Sec.

302(a), 92 Stat. 2736.

5323(i) 49 App.:1608(m). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(m); added Dec. 18, 1991,

Pub. L. 102-240, Sec. 3020,

105 Stat. 2110.

5323(j)(1) 23:101 (note). Jan. 6, 1983, Pub. L.

97-424, Sec. 165(a) (related

to the Urban Mass

Transportation Act of 1964),

96 Stat. 2136; Mar. 9, 1984,

Pub. L. 98-229, Sec. 10, 98

Stat. 57; Dec. 18, 1991,

Pub. L. 102-240, Sec.

1048(a), 105 Stat. 1999.

5323(j)(2) 23:101 (note). Jan. 6, 1983, Pub. L.

97-424, Sec. 165(b) (related

to the Urban Mass

Transportation Act of 1964),

96 Stat. 2137; Apr. 2, 1987,

Pub. L. 100-17, Secs.

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, Sec. 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, Sec.

165(g) (related to the Urban

Mass Transportation Act of

1964); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

1048(b), 105 Stat. 2000.

5323(j)(5) 23:101 (note). Jan. 6, 1983, Pub. L.

97-424, 96 Stat. 2097, Sec.

165(f) (related to the Urban

Mass Transportation Act of

1964); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

1048(b), 105 Stat. 1999.

5323(j)(6) 23:101 (note). Jan. 6, 1983, Pub. L.

97-424, Sec. 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, Sec.

165(e) (related to the Urban

Mass Transportation Act of

1964); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

1048(b), 105 Stat. 1999.

5323(k) 49 App.:1607(q). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

8(q); added Oct. 6, 1992,

Pub. L. 102-388, Sec.

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.

PUB. L. 103-429, SEC. 6(10)(A)

This makes a clarifying amendment to the catchline for

49:5323(j).

PUB. L. 103-429, SEC. 6(10)(B)

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5323(l) 49 App.:1608(j). July 9, 1964, Pub. L.

88-365, Sec. 12(j), as added

Apr. 2, 1987, Pub. L.

100-17, Sec. 319, 101 Stat.

234.

--------------------------------------------------------------------

The word "review" is substituted for "audit" for clarity. The

words "buses and other" are omitted as surplus.

PUB. L. 104-287

This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e)

to correct erroneous cross-references.

-REFTEXT-

REFERENCES IN TEXT

Section 103 of title 23, referred to in subsec. (g), was amended

generally by Pub. L. 105-178, title I, Sec. 1106(b), June 9, 1998,

112 Stat. 131, and, as so amended, no longer contains a subsec.

(e)(4).

The Americans with Disabilities Act of 1990, referred to in

subsec. (i), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as

amended, which is classified principally to chapter 126 (Sec. 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), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 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 Intermodal Surface Transportation Efficiency Act of 1991,

referred to in subsec. (j)(5), is Pub. L. 102-240, Dec. 18, 1991,

105 Stat. 1914. For complete classification of this Act to the

Code, see Short Title of 1991 Amendment note set out under section

101 of this title and Tables.

The Transportation Infrastructure Finance and Innovation Act of

1998, referred to in subsec. (o), is chapter 1 (Secs. 1501-1504) of

subtitle E of title I of Pub. L. 105-178, June 9, 1998, 112 Stat.

241, which is classified principally to subchapter II (Sec. 181 et

seq.) of chapter 1 of Title 23, Highways. For complete

classification of this Act to the Code, see Short Title of 1998

Amendment note set out under section 101 of Title 23 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (d). Pub. L. 105-178, Sec. 3020(a), substituted

"Condition on Charter Bus Transportation Service" for "Buying and

Operating Buses" in heading.

Subsec. (i). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 3020(d), added subsec.

(k) and redesignated former subsecs. (k) and (l) as (l) and (m),

respectively.

Subsec. (n). Pub. L. 105-178, Sec. 3020(e), added subsec. (n).

Subsec. (o). Pub. L. 105-178, Sec. 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, Sec. 6(10)(A), substituted

"America" for "American" in heading.

Subsec. (l). Pub. L. 103-429, Sec. 6(10)(B), added subsec. (l).

EFFECTIVE DATE OF 1996 AMENDMENT

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.

EFFECTIVE DATE OF 1994 AMENDMENT

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.

FINAL ASSEMBLY OF BUSES

Pub. L. 105-178, title III, Sec. 3035, June 9, 1998, 112 Stat.

387, provided that:

"(a) In General. - All buses manufactured on or after September

1, 1999, that are purchased with Federal funds by recipients of

assistance from the Federal Transit Administration shall conform

with the Federal Transit Administration Guidance on Buy America

Requirements, dated March 18, 1997.

"(b) Rule of Construction. - For purposes of this section, a bus

shall be considered to be manufactured on or after September 1,

1999, if the manufacturing process for that bus is not completed on

or before August 31, 1999."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 5311, 5314, 5324,

5333, 5334, 5336 of this title; title 23 sections 135, 142.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 5324 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5324. Limitations on discretionary and special needs grants

and loans

-STATUTE-

(a) Relocation Program Requirements. - Financial assistance may

be provided under section 5309 of this title only if the Secretary

of Transportation decides that -

(1) an adequate relocation program is being carried out for

families displaced by a project; and

(2) an equal number of decent, safe, and sanitary dwellings are

being, or will be, provided to those families in the same area or

in another area generally not less desirable for public utilities

and public and commercial facilities, at rents or prices within

the financial means of those families, and with reasonable access

to their places of employment.

(b) Economic, Social, and Environmental Interests. - (1) In

carrying out section 5301(e) of this title, the Secretary of

Transportation shall cooperate and consult with the Secretaries of

Agriculture, Health and Human Services, Housing and Urban

Development, and the Interior and the Council on Environmental

Quality on each project that may have a substantial impact on the

environment.

(2) In carrying out section 5309 of this title, the Secretary of

Transportation shall review each transcript of a hearing submitted

under section 5323(b) of this title to establish that an adequate

opportunity to present views was given to all parties with a

significant economic, social, or environmental interest and that

the project application includes a statement on -

(A) the environmental impact of the proposal;

(B) adverse environmental effects that cannot be avoided;

(D) irreversible and irretrievable impacts on the environment.

(3)(A) The Secretary of Transportation may approve an application

for financial assistance under section 5309 of this title only if

the Secretary makes written findings, after reviewing the

application and any hearings held before a State or local

governmental authority under section 5323(b) of this title, that -

(i) an adequate opportunity to present views was given to all

parties with a significant economic, social, or environmental

interest;

(ii) the preservation and enhancement of the environment, and

the interest of the community in which a project is located, were

considered; and

(iii) no adverse environmental effect is likely to result from

the project, or no feasible and prudent alternative to the effect

exists and all reasonable steps have been taken to minimize the

effect.

(B) If a hearing has not been conducted or the Secretary of

Transportation decides that the record of the hearing is inadequate

for making the findings required by this subsection, the Secretary

shall conduct a hearing on an environmental issue raised by the

application after giving adequate notice to interested persons.

subparagraph (A) of this paragraph shall be made a matter of public

record.

Secretary of Transportation may not regulate the operation of a

mass transportation system for which a grant is made under section

5309 of this title and, after a grant is made, may not regulate any

charge for the system. However, the Secretary may require the local

governmental authority, corporation, or association to comply with

any undertaking provided by it related to its grant application.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 824.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5324(a) 49 App.:1606(a). July 9, 1964, Pub. L.

88-365, Sec. 7(a), 78 Stat.

305; May 25, 1967, Pub. L.

90-19, Sec. 20(a), 81 Stat.

25.

5324(b)(1) 49 App.:1610(a) July 9, 1964, Pub. L.

(last sentence). 88-365, Sec. 14(a) (last

sentence)-(c), 78 Stat. 308;

Sept. 8, 1966, Pub. L.

89-562, Sec. 2(a)(1), 80

Stat. 715; May 25, 1967,

Pub. L. 90-19, Sec. 20(a),

81 Stat. 25; restated Oct.

15, 1970, Pub. L. 91-453,

Sec. 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, Sec. 12(d), 78 Stat.

307; Aug. 10, 1965, Pub. L.

89-117, Sec. 1109, 79 Stat.

507; Sept. 8, 1966, Pub. L.

89-562, Sec. 2(a)(1), 80

Stat. 715; May 25, 1967,

Pub. L. 90-19, Sec. 20(a),

81 Stat. 25; Nov. 6, 1978,

Pub. L. 95-599, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5309, 5334 of this title.

-End-

-CITE-

49 USC Sec. 5325 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5325. Contract requirements

-STATUTE-

(a) Noncompetitive Bidding. - A capital project or improvement

contract for which a grant or loan is made under this chapter, if

the contract is not made through competitive bidding, shall provide

that records related to the contract shall be made available to the

Secretary of Transportation and the Comptroller General, or an

officer or employee of the Secretary or Comptroller General, when

conducting an audit and inspection.

(b) Architectural, Engineering, and Design Contracts. - A

contract or requirement for program management, construction

management, a feasibility study, and preliminary engineering,

design, architectural, engineering, surveying, mapping, or related

services for a project for which a grant or loan is made under this

chapter shall be awarded in the same way as a contract for

architectural and engineering services is negotiated under chapter

11 of title 40 or an equivalent qualifications-based requirement of

a State. 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. This subsection does not

apply to the extent a State has adopted or adopts by law a formal

procedure for procuring those services.

contract under this chapter to other than the lowest bidder when

the award furthers an objective consistent with the purposes of

this chapter, including improved long-term operating efficiency and

lower long-term costs.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 825; Pub. L.

104-287, Sec. 5(16), Oct. 11, 1996, 110 Stat. 3390; Pub. L.

105-178, title III, Sec. 3022, June 9, 1998, 112 Stat. 363; Pub. L.

105-206, title IX, Sec. 9009(n), July 22, 1998, 112 Stat. 857; Pub.

L. 107-217, Sec. 3(n)(2), Aug. 21, 2002, 116 Stat. 1302.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5325(a) 49 App.:1608(b)(1). July 9, 1964, Pub. L.

88-365, Sec. 12(b)(1), 78

Stat. 306; Sept. 8, 1966,

Pub. L. 89-562, Sec.

2(a)(1), 80 Stat. 715; May

25, 1967, Pub. L. 90-19,

Sec. 20(a), 81 Stat. 25;

Nov. 6, 1978, Pub. L.

95-599, Sec. 308(a)(1), 92

Stat. 2745.

5325(b) 49 App.:1608(b)(2). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(b)(2); added Nov. 6,

1978, Pub. L. 95-599, Sec.

308(a)(2), 92 Stat. 2745;

restated Jan. 6, 1983, Pub.

L. 97-424, Sec. 308, 96

Stat. 2151.

5325(c) 49 App.:1608(b)(3). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(b)(3); added Apr. 2,

1987, Pub. L. 100-17, Sec.

315(a), 101 Stat. 232.

5325(d) 49 App.:1608(b)(4). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(b)(4); added Apr. 2,

1987, Pub. L. 100-17, Sec.

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.

PUB. L. 104-287

This amends the catchline for 49:5325(d) to make a clarifying

amendment.

AMENDMENTS

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, Sec. 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, Sec. 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, Sec. 3022(a)(1), (3), added subsec.

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, Sec. 3022(a)(2), redesignated

subsec. (d) as (b).

1996 - Subsec. (d). Pub. L. 104-287 substituted "Architectural,

Engineering, and Design Contracts" for "Management, Architectural,

and Engineering Contracts" in heading.

EFFECTIVE DATE OF 1998 AMENDMENT

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.

EFFECTIVE DATE OF 1996 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5334 of this title.

-End-

-CITE-

49 USC Sec. 5326 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5326. Special procurements

-STATUTE-

(a) Turnkey System Projects. -

(1) Turnkey system project defined. - In this subsection, the

term "turnkey system project" means a project under which a

recipient enters into a contract with a seller, firm, or

consortium of firms to design and build a mass transportation

system or an operable segment thereof that meets specific

performance criteria. Such project may also 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) Selection of turnkey projects. - To advance new

technologies and lower the cost of a capital project for a new

mass transportation system or an operable segment of a mass

transportation system, the Secretary of Transportation shall

allow solicitation for a turnkey system project to be financed

under this chapter to be awarded conditionally before United

States Government requirements have been met on the project if

the award is made without prejudice to carrying out those

requirements. Government financial assistance under this chapter

may be made available for the project after the recipient

complies with Government requirements.

(3) Demonstrations. - To develop guidelines applying generally

to turnkey system projects, the Secretary may approve at least 2

projects for an initial demonstration phase. The results of the

demonstration projects (and other projects using this procurement

method on December 18, 1991) shall be considered in developing

guidelines to carry out this subsection.

(b) Multiyear Rolling Stock. - (1) 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.

(2) The Secretary shall allow at least 2 recipients to act on a

cooperative basis to procure rolling stock in compliance with this

subsection and other Government procurement requirements.

assistance under this chapter may enter into 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.

(d) Procuring Associated Capital Maintenance Items. - A recipient

of assistance under section 5307 procuring an associated capital

maintenance item under section 5307(b) may enter into 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 that

similar customers pay for the item.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 826; Pub. L.

103-429, Sec. 6(11), Oct. 31, 1994, 108 Stat. 4379; Pub. L.

105-178, title III, Sec. 3023(a), (b), June 9, 1998, 112 Stat.

364.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5326 49 App.:1608(l). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(l); added Dec. 18, 1991,

Pub. L. 102-240, Sec. 3019,

105 Stat. 2109; Oct. 6,

1992, Pub. L. 102-388, Sec.

502(j), 106 Stat. 1567.

--------------------------------------------------------------------

In subsection (a)(1), the word "individual" is omitted as

surplus.

In subsection (a)(2), the word "relevant" is omitted as surplus.

In subsection (b)(1), the word "contract" is substituted for

"agreement" for consistency in this section.

In subsection (b)(2), the words "form a consortium (or otherwise"

are omitted as surplus.

In subsection (c), before clause (1), the words "a procurement

contract" are substituted for "in connection with a procurement"

for clarity. In clause (1), the words "including smaller and medium

sized agencies" are omitted as surplus.

PUB. L. 103-429

This amends 49:5326(a)(3) to provide consistent terminology in

49:5326.

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 3023(a)(1), added

par. (1) and struck out former par. (1) which read as follows: "In

this subsection, 'turnkey system project' means a project under

which a recipient makes a contract with a seller, firm, or

consortium of firms to construct a mass transportation system that

meets specific performance criteria and that the seller operates

for a period of time."

Subsec. (a)(2). Pub. L. 105-178, Sec. 3023(a)(2), (4), inserted

heading, inserted "or an operable segment of a mass transportation

system" after "transportation system" in text, and realigned

margins.

Subsec. (a)(3). Pub. L. 105-178, Sec. 3023(a)(3), (4), inserted

heading and realigned margins.

Subsec. (c). Pub. L. 105-178, Sec. 3023(b), added subsec. (c) and

struck out heading and text of former subsec. (c). Text read as

follows: "A recipient may award a procurement contract under this

chapter to other than the lowest bidder when the award furthers an

objective consistent with the purposes of this chapter, including

improved long-term operating efficiency and lower long-term costs.

Not later than March 17, 1992, the Secretary shall -

"(1) make appropriate changes in existing procedures to make

the policy stated in this subsection readily practicable for all

mass transportation authorities; and

"(2) prescribe guidance that clarifies and carries out the

policy."

Subsec. (d). Pub. L. 105-178, Sec. 3023(b), added subsec. (d).

1994 - Subsec. (a)(3). Pub. L. 103-429 substituted "guidelines"

for "regulations" after "develop".

EFFECTIVE DATE OF 1994 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5334 of this title.

-End-

-CITE-

49 USC Sec. 5327 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5327. Project management oversight

-STATUTE-

(a) Project Management Plan Requirements. - To receive 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. The plan shall provide for -

(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; and

(12) the recipient's commitment to submit a project budget and

project schedule to the Secretary each month.

(b) Plan Approval. - (1) The Secretary shall approve a plan not

later than 60 days after it is submitted. If the approval cannot be

completed within 60 days, the Secretary shall notify the recipient,

explain the reasons for the delay, and estimate the additional time

that will be required.

(2) The Secretary shall inform the recipient of the reasons when

a plan is disapproved.

may use not more than .5 percent of amounts made available for a

fiscal year to carry out section 5307, 5309, or 5311 of this title,

an interstate transfer mass transportation project under section

103(e)(4) (!1) of title 23 as in effect on September 30, 1991, or a

project under the National Capital Transportation Act of 1969

(Public Law 91-143, 83 Stat. 320) to make a contract to oversee the

construction of a major project under section 5307, 5309, 5311, or

103(e)(4) (!1) or that Act. The Secretary may use when necessary

not more than an additional .25 percent of amounts made available

in a fiscal year to carry out a major project under section 5309 to

make a contract to oversee the construction of the project.

(2) The Secretary may use amounts available under paragraph (1)

of this subsection to enter into contracts for safety, procurement,

management, and financial compliance reviews and audits of a

recipient of amounts under paragraph (1) and to provide technical

assistance to correct deficiencies identified in compliance reviews

and audits carried out under this section. Subsections (a), (b),

and (e) of this section do not apply to contracts under this

paragraph.

(3) The Government shall pay the entire cost of carrying out a

contract under this subsection.

(d) Access to Sites and Records. - Each recipient of assistance

under this chapter or section 14(b) of the National Capital

Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320), as

added by section 2 of the National Capital Transportation

Amendments of 1979 (Public Law 96-184, 93 Stat. 1320), shall

provide the Secretary and a contractor the Secretary chooses under

subsection (c) of this section with access to the construction

sites and records of the recipient when reasonably necessary.

(e) Regulations. - The Secretary shall prescribe regulations

necessary to carry out this section. The regulations shall include

(1) a definition of "major capital project" for subsection (c)

of this section that excludes a project to acquire rolling stock

or to maintain or rehabilitate a vehicle; and

(2) a requirement that oversight begin during the preliminary

engineering stage of a project, unless the Secretary finds it

more appropriate to begin the oversight during another stage of

the project, to maximize the transportation benefits and cost

savings associated with project management oversight.

(f) Financial Plan. - 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 826; Pub. L.

103-429, Sec. 6(12), Oct. 31, 1994, 108 Stat. 4379; Pub. L.

104-287, Sec. 5(17), Oct. 11, 1996, 110 Stat. 3390; Pub. L.

105-178, title III, Sec. 3024, June 9, 1998, 112 Stat. 364.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5327(a) 49 App.:1619(d), July 9, 1964, Pub. L.

(e). 88-365, 78 Stat. 302, Sec.

23(b)-(g); added Apr. 2,

1987, Pub. L. 100-17, Sec.

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, Sec.

23(a); added Apr. 2, 1987,

Pub. L. 100-17, Sec. 324,

101 Stat. 235; Dec. 18,

1991, Pub. L. 102-240, Sec.

3027, 105 Stat. 2115.

5327(c)(2) 49 App.:1619(h). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

23(h); added Nov. 21, 1989,

Pub. L. 101-164, Sec. 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.

PUB. L. 103-429

This amends 49:5327(c)(1) to correct an erroneous

cross-reference.

PUB. L. 104-287

This amends 49:5327(c) to correct an erroneous cross-reference.

-REFTEXT-

REFERENCES IN TEXT

The National Capital Transportation Act of 1969, referred to in

subsecs. (a), (c)(1), and (d), is Pub. L. 91-143, Dec. 9, 1969, 83

Stat. 320, as amended, which amended section 24 of Title 12, Banks

and Banking, and section 684 of former Title 40, Public Buildings,

Property, and Works, and repealed sections 651, 652, 661 to 665,

671, 682, and 683 of former Title 40 and provisions set out as

notes under section 651 of former Title 40. Section 14(b) of that

Act is not classified to the Code. For complete classification of

this Act to the Code, see Tables.

Section 103 of title 23, referred to in subsec. (c)(1), was

amended generally by Pub. L. 105-178, title I, Sec. 1106(b), June

9, 1998, 112 Stat. 131, and, as so amended, no longer contains a

subsec. (e)(4).

-MISC2-

AMENDMENTS

1998 - Subsec. (c)(2). Pub. L. 105-178, Sec. 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, Sec. 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".

EFFECTIVE DATE OF 1996 AMENDMENT

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.

EFFECTIVE DATE OF 1994 AMENDMENT

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.

FINANCING OF OVERSIGHT ACTIVITIES

Pub. L. 107-87, title III, Sec. 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."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 5328 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5328. Project review

-STATUTE-

(a) Schedule. - (1) When the Secretary of Transportation allows a

new fixed guideway project to advance into the alternatives

analysis stage of project review, the Secretary shall cooperate

with the applicant in alternatives analysis and in preparing a

draft environmental impact statement and shall approve the draft

for circulation not later than 45 days after the applicant submits

the draft to the Secretary.

(2) After the draft is circulated and not later than 30 days

after the applicant selects a locally preferred alternative, the

Secretary shall allow the project to advance to the preliminary

engineering stage if the Secretary finds the project is consistent

with section 5309(e).

(3) The Secretary shall issue a record of decision and allow a

project to advance to the final design stage of construction not

later than 120 days after the final environmental impact statement

for the project is completed.

(4) The Secretary shall make a full funding grant agreement under

section 5309 of this title for a project not later than 120 days

after the project enters the final design stage of construction.

The agreement shall provide for a United States Government share of

the construction cost at least equal to the Government share

estimated in the Secretary's most recent report required under

5309(o)(1) (!1) or an update of the report unless the applicant

requests otherwise.

(b) Allowed Delays. - (1) Advancement of a project under the time

requirements of subsection (a) of this section may be delayed only

(A) for the time the applicant may request; or

(B) during the time the Secretary finds, after reasonable

notice and an opportunity for comment, that the applicant, for

reasons attributable only to the applicant, has not complied

substantially with the provisions of this chapter applicable to

the project.

(2) Not more than 10 days after imposing a delay under paragraph

(1)(B) of this subsection, the Secretary shall give the applicant a

written statement explaining the reasons for the delay and

describing actions the applicant must take to end the delay.

(3) At least once every 6 months, the Secretary shall report to

the Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Banking, Housing, and Urban

Affairs of the Senate on each situation in which the Secretary has

not met a time requirement of subsection (a) of this section or

delayed a time requirement under paragraph (1)(B) of this

subsection. The report shall explain the reasons for the delay and

include a plan for achieving timely completion of the Secretary's

review.

program of interrelated projects includes the following:

(A) the New Jersey Urban Core Project (as defined in title III

of the Intermodal Surface Transportation Efficiency Act of 1991

(Public Law 102-240, 105 Stat. 2087)).

(B) the San Francisco Bay Area Rail Extension Program,

consisting of at least an extension of the San Francisco Bay Area

Rapid Transit District to the San Francisco International Airport

(Phase 1a to Colma and Phase 1b to San Francisco Airport), the

Santa Clara County Transit District Tasman Corridor Project, a

program element designated by a change to the Metropolitan

Transportation Commission Resolution No. 1876, and a program

element financed completely with non-Government amounts,

including the BART Warm Springs Extension, Dublin Extension, and

West Pittsburg Extension.

Program, consisting of 7 stations and approximately 11.6 miles of

heavy rail subway on the following lines:

(i) one line running west and northwest from the

Hollywood/Vine station to the North Hollywood station, with 2

intermediate stations.

(ii) one line running west from the Wilshire/Western station

to the Pico/San Vicente station, with one intermediate station.

(iii) the East Side Extension, consisting of an initial line

of approximately 3 miles, with at least 2 stations, beginning

at Union Station and running generally east.

(D) the Baltimore-Washington Transportation Improvement

Program, consisting of 3 extensions of the Baltimore Light Rail

to Hunt Valley, Penn Station, and Baltimore-Washington Airport,

MARC extensions to Frederick and Waldorf, Maryland, and an

extension of the Washington Subway system to Largo, Maryland.

(E) the Tri-County Metropolitan Transportation District of

Oregon Light Rail Program, consisting of the locally preferred

alternative for the Westside Light Rail Project, including system

related costs, contained in the Department of Transportation and

Related Agencies Appropriations Act, 1991 (Public Law 101-516,

104 Stat. 2155), and defined in House Report 101-584, the

Hillsboro extension to the Westside Light Rail Project contained

in that Act, and the locally preferred alternative for the

South/North Corridor Project.

(F) the Queens Local/Express Connector Program, consisting of

the locally preferred alternative for the connection of the 63d

Street tunnel extension to the Queens Boulevard lines, the

bell-mouth part of the connector that will allow for future

access by commuter rail trains and other subway lines to the 63d

Street tunnel extension, planning elements for connecting the

upper and lower levels to commuter and subway lines in Long

Island City, and planning elements for providing a connector for

commuter rail transportation to the East side of Manhattan and

subway lines to the proposed Second Avenue subway.

(G) the Dallas Area Rapid Transit Authority light rail elements

of the New System Plan, consisting of the locally preferred

alternative for the South Oak Cliff corridor, the South Oak Cliff

corridor extension-Camp Wisdom, the West Oak Cliff

corridor-Westmoreland, the North Central corridor-Park Lane, the

North Central corridor-Richardson, Plano, and Garland extensions,

the Pleasant Grove corridor-Buckner, and the Carrollton

corridors-Farmers Branch and Las Colinas terminal.

(H) other programs designated by law or the Secretary.

(2) Consistent with the time requirements of subsection (a) of

this section or as otherwise provided by law, the Secretary shall

make at least one full financing grant agreement for each program

described in paragraph (1) of this subsection. The agreement shall

include commitments to advance each of the applicant's program

elements (in the program of interrelated projects) through the

appropriate program review stages as provided in subsection (a) or

as otherwise provided by law and to provide Government financing

for each element. The agreement may be changed to include design

and construction of a particular element.

(3) When reviewing a project in a program of interrelated

projects, the Secretary shall consider the local financial

commitment, transportation effectiveness, and other assessment

factors of all program elements to the extent consideration

expedites carrying out the project.

(4) Including a program element not financed by the Government in

a program of interrelated projects does not impose Government

requirements that otherwise would not apply to the element.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 828; Pub. L.

104-205, title III, Sec. 336, Sept. 30, 1996, 110 Stat. 2974; Pub.

L. 104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L.

105-178, title III, Sec. 3009(h)(2), (3)(B), (C), June 9, 1998, 112

Stat. 356; Pub. L. 105-206, title IX, Sec. 9009(h)(2), (3), July

22, 1998, 112 Stat. 856.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5328(a) 49 App.:1602(a)(6). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

3(a)(6)-(8); added Jan. 6,

1983, Pub. L. 97-424, Sec.

304(b), 96 Stat. 2150;

restated Dec. 18, 1991, Pub.

L. 102-240, Sec. 3011(a),

105 Stat. 2095.

5328(b) 49 App.:1602(a)(7).

5328(c)(1) 49

App.:1602(a)(8)(C).

5328(c)(2) 49

App.:1602(a)(8)(A)

(1st-3d sentences).

5328(c)(3) 49

App.:1602(a)(8)(B).

5328(c)(4) 49

App.:1602(a)(8)(A)

(last sentence).

--------------------------------------------------------------------

In subsection (a)(1), the words "the date on which" are omitted

as surplus.

In subsection (a)(2), the words "the criteria set forth in" are

omitted as surplus.

In subsection (a)(4), the words "negotiate and" are omitted as

surplus. The words "under section 5309 of this title" are added for

clarity.

In subsection (b)(1)(A), the words "solely at the applicant's

discretion" are omitted as surplus.

In subsection (c)(2), the words "if appropriate" are omitted as

surplus.

-REFTEXT-

REFERENCES IN TEXT

The Intermodal Surface Transportation Efficiency Act of 1991,

referred to in subsec. (c)(1)(A), is Pub. L. 102-240, Dec. 18,

1991, 105 Stat. 1914, as amended. Title III of the Act is also

known as the Federal Transit Act Amendments of 1991. Provisions

defining the New Jersey Urban Core Project are contained in section

3031 of the Act, which is not classified to the Code. For complete

classification of this Act to the Code, see Short Title of 1991

Amendment note set out under section 101 of this title and Tables.

The Department of Transportation and Related Agencies

Appropriations Act, 1991, referred to in subsec. (c)(1)(E), is Pub.

L. 101-516, Nov. 5, 1990, 104 Stat. 2155, as amended. Provisions

relating to the Westside Light Rail Program are contained in

section 328 of the Act, which is not classified to the Code. For

complete classification of this Act to the Code, see Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-178, Sec. 3009(h)(2),

substituted "5309(e)" for "5309(e)(1)-(6) of this title".

Subsec. (a)(4). Pub. L. 105-178, Sec. 3009(h)(3)(C), as added by

Pub. L. 105-206, Sec. 9009(h)(3), substituted "5309(o)(1)" for

"section 5309(m)(2) of this title".

Pub. L. 105-178, Sec. 3009(h)(3)(B), as amended by Pub. L.

105-206, Sec. 9009(h)(2), substituted "full funding" for "full

financing".

1996 - Subsec. (b)(3). Pub. L. 104-287 substituted

"Transportation and Infrastructure" for "Public Works and

Transportation".

Subsec. (c)(1)(E). Pub. L. 104-205 struck out "Westside" after

"District of Oregon" and "and" after "House Report 101-584," and

inserted before period at end ", and the locally preferred

alternative for the South/North Corridor Project".

EFFECTIVE DATE OF 1998 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5333 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section 5309(o)(1)".

-End-

-CITE-

49 USC Sec. 5329 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5329. Investigation of safety hazards

-STATUTE-

(a) General. - The Secretary of Transportation may investigate a

condition in equipment, a facility, or an operation financed under

this chapter that the Secretary believes causes a serious hazard of

death or injury to establish the nature and extent of the condition

and how to eliminate or correct it. If the Secretary establishes

that a condition causes a hazard, the Secretary shall require the

local governmental authority receiving amounts under this chapter

to submit a plan for correcting it. The Secretary may withhold

further financial assistance under this chapter until a plan is

approved and carried out.

(b) Report. - Not later than June 15, 1992, the Secretary shall

submit to Congress a report containing -

(1) a description of actions taken to identify and investigate

conditions in a facility, equipment, or way of operating as part

of the findings and decisions required of the Secretary in

providing a grant or loan under this chapter;

(2) a description of actions of the Secretary to correct or

eliminate, as a requirement for making an amount available

through a grant or loan under this chapter, a condition found to

create a serious hazard of death or injury;

(3) a summary of all passenger-related deaths and injuries

resulting from an unsafe condition in a facility, equipment, or

way of operating a facility or equipment at least partly financed

under this chapter;

(4) a summary of all employee-related deaths and injuries

resulting from an unsafe condition in a facility, equipment, or

way of operating a facility or equipment at least partly financed

under this chapter;

(5) a summary of action of the Secretary to correct or

eliminate the unsafe condition to which the deaths and injuries

referred to in clauses (3) and (4) of this subsection were

attributed;

(6) a summary of actions of the Secretary to alert mass

transportation operators of the nature of the unsafe condition

found to create a serious hazard of death or injury; and

(7) recommendations of the Secretary to Congress of any

legislative or administrative actions necessary to ensure that

all recipients of amounts under this chapter will undertake the

best way available to correct or eliminate hazards of death or

injury, including -

(A) a timetable for undertaking actions;

(B) an estimate of the capital and operating cost to take the

actions; and

safety plans by recipients of amounts under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 830.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5329(a) 49 App.:1618(a). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

22(a); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 318(b),

96 Stat. 2154; Dec. 18,

1991, Pub. L. 102-240, Sec.

3026(1), 105 Stat. 2114.

5329(b) 49 App.:1618(b). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

22(b); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

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.

-End-

-CITE-

49 USC Sec. 5330 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5330. Withholding amounts for noncompliance with safety

requirements

-STATUTE-

(a) Application. - This section applies only to States that have

rail fixed guideway mass transportation systems not subject to

regulation by the Federal Railroad Administration.

(b) General Authority. - The Secretary of Transportation may

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 for a fiscal year beginning after

September 30, 1994, if the State in the prior fiscal year has not

met the requirements of subsection (c) of this section and the

Secretary decides the State is not making an adequate effort to

comply with subsection (c).

section if the State -

(1) establishes and is carrying out a safety program plan for

each fixed guideway mass 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

those conditions.

(d) Multistate Involvement. - When more than one State is subject

to this section in connection with a single mass transportation

authority, the affected States may designate an entity (except the

mass transportation authority) to ensure uniform safety standards

and enforcement and to meet the requirements of subsection (c) of

this section.

(e) Availability of Withheld Amounts. - (1) An amount withheld

under subsection (b) of this section remains available for

apportionment for use in the State until the end of the 2d fiscal

year after the fiscal year for which the amount may be

appropriated.

(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.

(f) Regulations. - Not later than December 18, 1992, the

Secretary shall prescribe regulations stating the requirements for

complying with subsection (c) of this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 831.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5330(a) 49 App.:1624(d). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

28; added Dec. 18, 1991,

Pub. L. 102-240, Sec. 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.

-End-

-CITE-

49 USC Sec. 5331 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5331. Alcohol and controlled substances testing

-STATUTE-

(a) Definitions. - In this section -

(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 of Transportation

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) "mass transportation" means any form of mass

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.

(b) Testing Program for Mass Transportation Employees. - (1)(A)

In the interest of mass transportation safety, the Secretary shall

prescribe regulations 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) (!1)

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 a controlled substance in violation of

law or a United States Government regulation, and to conduct

reasonable suspicion, random, and post-accident testing of such

employees for the use of alcohol in violation of law or a United

States Government regulation. The regulations shall permit such

operations to conduct preemployment testing of such employees for

the use of alcohol.

(B) When the Secretary of Transportation considers it appropriate

in the interest of safety, the Secretary may prescribe regulations

for conducting periodic recurring 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 Government regulation.

(2) In prescribing regulations under this subsection, the

Secretary of Transportation -

(A) shall require that post-accident testing of such a mass

transportation employee be conducted when loss of human life

occurs in an accident involving mass transportation; and

(B) may require that post-accident testing of such a mass

transportation employee be conducted when bodily injury or

significant property damage occurs in any other serious accident

involving mass transportation.

Transportation considers it appropriate, the Secretary shall

require disqualification for an established period of time or

dismissal of any employee referred to in subsection (b)(1) of this

section who is found -

(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

mass transportation employee under another law.

(d) Testing and Laboratory Requirements. - In carrying out

subsection (b) of this section, the Secretary of Transportation

shall develop requirements that shall -

(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

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) Rehabilitation. - The Secretary of Transportation shall

prescribe regulations establishing requirements for rehabilitation

programs that provide for the identification and opportunity for

treatment of any mass transportation employee referred to in

subsection (b)(1) of this section who is found to have used alcohol

or a controlled substance in violation of law or a Government

regulation. The Secretary shall decide on the circumstances under

which employees shall be required to participate in a program. This

subsection does not prevent a mass transportation operation from

establishing a program under this section in cooperation with

another mass transportation operation.

(f) Relationship to Other Laws, Regulations, Standards, and

Orders. - (1) A State or local government may not prescribe, issue,

or continue in effect a law, regulation, standard, or order that is

inconsistent with regulations prescribed under this section.

However, a regulation prescribed under this section does not

preempt a State criminal law that imposes sanctions for reckless

conduct leading to loss of life, injury, or damage to property.

(2) In prescribing regulations under this section, the Secretary

of Transportation -

(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.

(3) 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.

(g) Ineligibility for Assistance. - A person is not eligible for

financial assistance under section 5307, 5309, or 5311 of this

title or section 103(e)(4) (!2) of title 23 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 832; Pub. L.

103-429, Sec. 6(13), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104-59,

title III, Sec. 342(a), Nov. 28, 1995, 109 Stat. 608.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5331(a) 49 App.:1618a(a). Oct. 28, 1991, Pub. L.

102-143, Sec. 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.

PUB. L. 103-429

This amends 49:5331(a)(3) to correct an erroneous

cross-reference.

-REFTEXT-

REFERENCES IN TEXT

Section 103 of title 23, referred to in subsecs. (b)(1)(A) and

(g), was amended generally by Pub. L. 105-178, title I, Sec.

1106(b), June 9, 1998, 112 Stat. 131, and, as so amended, no longer

contains a subsec. (e)(4).

-MISC2-

AMENDMENTS

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".

EFFECTIVE DATE OF 1994 AMENDMENT

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.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

-End-

-CITE-

49 USC Sec. 5332 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5332. Nondiscrimination

-STATUTE-

(a) Definition. - In this section, "person" includes a

governmental authority, political subdivision, authority, legal

representative, trust, unincorporated organization, trustee,

trustee in bankruptcy, and receiver.

(b) Prohibitions. - A person may not be excluded from

participating in, denied a benefit of, or discriminated against

under, a project, program, or activity receiving financial

assistance under this chapter because of race, color, creed,

national origin, sex, or age.

affirmative action to ensure compliance with subsection (b) of this

section.

(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) Authority of Secretary for Noncompliance. - If a person does

not comply with subsection (b) of this section within a reasonable

time after receiving notice, the Secretary shall -

(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.); and

(4) take any other action provided by law.

(e) Civil Actions by Attorney General. - The Attorney General may

bring a civil action for appropriate relief when -

(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) Application and Relationship to Other Laws. - This section

applies to an employment or business opportunity and is in addition

to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et

seq.).

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 834.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5332(a) 49 App.:1615(a)(5). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

19; added Nov. 6, 1978, Pub.

L. 95-599, Sec. 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.

-REFTEXT-

REFERENCES IN TEXT

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 (Sec.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 5336 of this title.

-End-

-CITE-

49 USC Sec. 5333 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5333. Labor standards

-STATUTE-

(a) Prevailing Wages Requirement. - The Secretary of

Transportation shall ensure that laborers and mechanics employed by

contractors and subcontractors in construction work financed with a

grant or loan under this chapter be paid wages not less than those

prevailing on similar construction in the locality, as determined

by the Secretary of Labor under sections 3141-3144, 3146, and 3147

of title 40. The Secretary of Transportation may approve a grant or

loan only after being assured that required labor standards will be

maintained on the construction work. For a labor standard under

this subsection, the Secretary of Labor has the same duties and

powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24,

1950, 64 Stat. 1267) and section 3145 of title 40.

(b) Employee Protective Arrangements. - (1) As a condition of

financial assistance under sections 5307-5312, 5318(d), 5323(a)(1),

(b), (d), and (e), 5328, 5337, and 5338(b) of this title, the

interests of employees affected by the assistance shall be

protected under arrangements the Secretary of Labor concludes are

fair and equitable. The agreement granting the assistance under

sections 5307-5312, 5318(d), 5323(a)(1), (b), (d), and (e), 5328,

5337, and 5338(b) shall specify the arrangements.

(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;

of their positions related to employment;

(D) assurances of employment to employees of acquired mass

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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 835; Pub. L.

104-88, title III, Sec. 308(e), Dec. 29, 1995, 109 Stat. 947; Pub.

L. 105-178, title III, Sec. 3029(b)(9), June 9, 1998, 112 Stat.

372; Pub. L. 107-217, Sec. 3(n)(3), Aug. 21, 2002, 116 Stat. 1302.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5333(a) 49 App.:1609(a), July 9, 1964, Pub. L.

(b). 88-365, Sec. 13, 78 Stat.

307; Sept. 8, 1966, Pub. L.

89-562, Sec. 2(a)(1),

(b)(2), 80 Stat. 715, 716;

May 25, 1967, Pub. L. 90-19,

Sec. 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).

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan No. 14 of 1950, referred to in subsec. (a),

is set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

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".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 5311, 5323, 5334,

5336 of this title; title 23 sections 106, 182, 322.

-End-

-CITE-

49 USC Sec. 5334 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5334. Administrative provisions

-STATUTE-

(a) General Authority. - In carrying out this chapter, the

Secretary of Transportation may -

(1) prescribe terms for a project under sections 5307 and

5309-5311 of this title (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; and

(10) collect fees to cover the costs of training or

conferences, including costs of promotional materials, sponsored

by the Federal Transit Administration to promote mass

transportation and credit amounts collected to the appropriation

concerned.

(b) Procedures for Prescribing Regulations. - (1) The Secretary

of Transportation shall prepare an agenda listing all areas in

which the Secretary intends to propose regulations governing

activities under this chapter within the following 12 months. The

Secretary shall publish the proposed agenda in the Federal Register

as part of the Secretary's semiannual regulatory agenda that lists

regulatory activities of the Federal Transit Administration. The

Secretary shall submit the agenda to the 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 on the day the

agenda is published.

(2) Except for emergency regulations, the Secretary of

Transportation 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 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.

Transportation shall -

(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.

(d) Depository and Availability of Amounts. - The Secretary of

Transportation shall deposit amounts made available to the

Secretary under this chapter in a checking account in the Treasury.

Receipts, assets, and amounts obtained or held by the Secretary to

carry out this chapter are available for administrative expenses to

carry out this chapter.

(e) Binding Effect of Financial Transaction. - A financial

transaction of the Secretary of Transportation under this chapter

and a related voucher are binding on all officers and employees of

the United States Government.

(f) Dealing With Acquired Property. - Notwithstanding another law

related to the Government acquiring, using, or disposing of real

property, the Secretary of Transportation may deal with property

acquired under subsection (a)(3) or (4) of this section in any way.

However, this subsection does not -

(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.

(g) Transfer of Assets No Longer Needed. - (1) If a recipient of

assistance under this chapter decides an asset acquired under this

chapter at least in part with that assistance is no longer needed

for the purpose for which it was acquired, the Secretary of

Transportation may authorize the recipient to transfer the asset to

a local governmental authority to be used for a public purpose with

no further obligation to the Government. The Secretary may

authorize a transfer for a public purpose other than mass

transportation only if the Secretary decides -

(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;

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) of this section must be in

writing and include the reason for the decision.

(3) This subsection is in addition to another law related to

using and disposing of a facility or equipment under an assistance

agreement.

(4) Proceeds from the sale of transit assets. -

(A) In general. - When real property, equipment, or supplies

acquired with assistance under this chapter are no longer needed

for mass transportation purposes as determined under the

applicable assistance agreement, the Secretary may authorize the

sale, transfer, or lease of the assets under conditions

determined by the Secretary and subject to the requirements of

this subsection.

(B) Use. - The net income from asset sales, uses, or leases

(including lease renewals) under this subsection shall be used by

the recipient to reduce the gross project cost of other capital

projects carried out under this chapter.

Secretary under this subsection is in addition to existing

authorities controlling allocation or use of recipient income

otherwise permissible in law or regulation in effect prior to the

date of enactment of this paragraph.

(h) Transfer of Amounts and Non-Government Share. - (1) Amounts

made available for a mass transportation project under title 23

shall be transferred to and administered by the Secretary of

Transportation under this chapter. Amounts made available for a

highway project under this chapter shall be transferred to and

administered by the Secretary under title 23.

(2) The provisions of title 23 related to the non-Government

share apply to amounts under title 23 used for mass transportation

projects. The provisions of this chapter related to the

non-Government share apply to amounts under this chapter used for

highway projects.

(i) Authority of Secretary of Housing and Urban Development. -

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.

(j) Relationship to Other Laws. - (1) Section 9107(a) of title 31

applies to the Secretary of Transportation under this chapter.

(2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to

a contract for more than $1,000 for services or supplies related to

property acquired under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 836; Pub. L.

104-287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104-316,

title I, Sec. 127(a), Oct. 19, 1996, 110 Stat. 3840; Pub. L.

105-178, title III, Secs. 3023(c), 3025(a), (b)(1), (c), June 9,

1998, 112 Stat. 364, 365.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5334(a) 49 App.:1608(a) July 9, 1964, Pub. L.

(1st sentence 88-365, Sec. 12(a), 78 Stat.

related to 306; Sept. 8, 1966, Pub. L.

12:1749a(c) (1)-(3) 89-562, Sec. 2(a)(1), 80

(1st sentence), Stat. 715; May 25, 1967,

(4)-(8), (10)). Pub. L. 90-19, Sec. 20(a),

81 Stat. 25.

5334(b) 49 App.:1608(i)(1), July 9, 1964, Pub. L.

(2). 88-365, 78 Stat. 302, Sec.

12(i)(1), (2); added Apr. 2,

1987, Pub. L. 100-17, Sec.

318(a), 101 Stat. 233.

49 App.:1608(i)(3). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(i)(3); added Dec. 18,

1991, Pub. L. 102-240, Sec.

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, Sec.

12(k); added Dec. 18, 1991,

Pub. L. 102-240, Sec. 3018,

105 Stat. 2108.

5334(h) 49 App.:1607(k). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

8(k); added Nov. 6, 1978,

Pub. L. 95-599, Sec. 305(b),

92 Stat. 2743; Apr. 2, 1987,

Pub. L. 100-17, Sec. 310,

101 Stat. 227; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3012, 105 Stat. 2104;

Oct. 6, 1992, Pub. L.

102-388, Sec. 502(a), 106

Stat. 1566.

5334(i) 49 App.:1608 (note) Reorg. Plan No. 2 of 1968,

(related to eff. June 30, 1968, Sec.

authority and 1(a)(1) (related to

functions reserved authority and functions

to Secretary of reserved to Secretary of

Housing and Urban Housing and Urban

Development). 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.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this paragraph, referred to in subsec.

(g)(4)(C), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 3025(b)(1), inserted "provisions"

after "Administrative" in section catchline.

Subsec. (a)(10). Pub. L. 105-178, Sec. 3025(a), added par. (10).

Subsec. (b)(4). Pub. L. 105-178, Sec. 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, Sec. 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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5302, 5312, 5338 of this

title.

-End-

-CITE-

49 USC Sec. 5335 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5335. Reports and audits

-STATUTE-

(a) National Transit Database. - (1) To help meet the needs of

individual mass transportation systems, the United States

Government, State and local governments, and the public for

information on which to base mass transportation service planning,

the Secretary of Transportation shall maintain a reporting system,

using uniform categories to accumulate mass transportation

financial and operating information and using a uniform system of

accounts. The reporting and uniform systems shall contain

appropriate information to help any level of government make a

public sector investment decision. The Secretary may request and

receive appropriate information from any source.

(2) The Secretary may make a grant under section 5307 of this

title only if the applicant, and any person that will receive

benefits directly from the grant, are subject to the reporting and

uniform systems.

(b) Biennial Transferability Report. - In January 1993, the

Comptroller General shall submit to the Committee on Transportation

and Infrastructure of the House of Representatives and the

Committee on Banking, Housing, and Urban Affairs of the Senate a

report on carrying out section 5307(b)(5) (!1) of this title. The

report shall -

(1) identify, by State, the amount of mass transportation money

transferred for non-mass transportation purposes under section

5307(b)(5) (!1) of this title during the prior fiscal year;

(2) include an assessment of the impact of the transfers on the

mass transportation needs of individuals and communities in the

State, including the impact on -

(A) the State's ability to meet the mass transportation needs

of elderly individuals and individuals with disabilities;

(B) efforts to meet the objectives of the Clean Air Act (42

U.S.C. 7401 et seq.) and the Americans with Disabilities Act of

1990 (42 U.S.C. 12101 et seq.); and

services to unserved rural areas; and

(3) examine the relative levels of Government mass

transportation assistance and services in urban and rural areas

in the fiscal year that ended September 30, 1991, and the extent

to which the assistance and service has changed in later fiscal

years because of mass transportation resources made available

under this chapter and the Intermodal Surface Transportation

Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 1914).

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 838; Pub. L.

104-287, Sec. 5(9), (18), Oct. 11, 1996, 110 Stat. 3389, 3390; Pub.

L. 104-316, title I, Sec. 127(b), Oct. 19, 1996, 110 Stat. 3840;

Pub. L. 105-178, title III, Sec. 3026, June 9, 1998, 112 Stat.

365.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5335(a) 49 App.:1608(j). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(j); added Apr. 2, 1987,

Pub. L. 100-17, Sec. 319,

101 Stat. 234.

49 App.:1611(a). July 9, 1964, Pub. L.

88-365, Sec. 15(a), 78 Stat.

308; Sept. 8, 1966, Pub. L.

89-562, Secs. 2(a)(1), 4, 80

Stat. 715, 717; Oct. 15,

1970, Pub. L. 91-453, Sec.

7, 84 Stat. 967; restated

Nov. 26, 1974, Pub. L.

93-503, Sec. 111, 88 Stat.

1573.

49 App.:1611(b). July 9, 1964, Pub. L.

88-365, Sec. 15(b), 78 Stat.

308; Sept. 8, 1966, Pub. L.

89-562, Secs. 2(a)(1), 4, 80

Stat. 715, 717; Oct. 15,

1970, Pub. L. 91-453, Sec.

7, 84 Stat. 967; restated

Nov. 26, 1974, Pub. L.

93-503, Sec. 111, 88 Stat.

1573; Jan. 6, 1983, Pub. L.

97-424, Sec. 304(c), 96

Stat. 2150.

5335(b) 49 App.:1603(b)(1). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

4(b)(1); added Nov. 6, 1978,

Pub. L. 95-599, Sec. 303(e),

92 Stat. 2738; restated Apr.

2, 1987, Pub. L. 100-17,

Sec. 307, 101 Stat. 226;

Dec. 18, 1991, Pub. L.

102-240, Sec. 3006(h) (1),

105 Stat. 2090.

5335(c) 49 App.:1623(a). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

27; added Dec. 18, 1991,

Pub. L. 102-240, Sec. 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.

PUB. L. 104-287, SEC. 5(18)

This amends 49:5335(d)(2)(B) to amend an erroneous

cross-reference.

-REFTEXT-

REFERENCES IN TEXT

Section 5307(b)(5) of this title, referred to in subsec. (b), was

repealed by Pub. L. 105-178, title III, Sec. 3007(c)(5), June 9,

1998, 112 Stat. 347.

The Clean Air Act, referred to in subsec. (b)(2)(B), is act July

14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 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 Americans with Disabilities Act of 1990, referred to in

subsec. (b)(2)(B), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 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 Intermodal Surface Transportation Efficiency Act of 1991,

referred to in subsec. (b)(3), is Pub. L. 102-240, Dec. 18, 1991,

105 Stat. 1914, as amended. For complete classification of this Act

to the Code, see Short Title of 1991 Amendment note set out under

section 101 of this title and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 5(9), substituted "Transportation and

Infrastructure" for "Public Works and Transportation" in

introductory provisions.

Subsec. (d)(2)(B). Pub. L. 104-287, Sec. 5(18), substituted

"Americans with Disabilities Act" for "Americans With Disabilities

Act".

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 5336 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5336. Apportionment of appropriations for formula grants

-STATUTE-

(a) Based on Urbanized Area Population. - Of the amount made

available or appropriated under section 5338(a) of this title -

(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 latest United States

Government 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 Transportation, 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) Based on Fixed Guideway Revenue Vehicle-Miles, Route-Miles,

and Passenger-Miles. - (1) In this subsection, "fixed guideway

revenue vehicle-miles" and "fixed guideway route-miles" include

ferry boat operations directly or under contract by the designated

recipient.

(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 revenue vehicle-miles attributable to the area, as

established by the Secretary of Transportation, divided by the

total number of all fixed guideway revenue vehicle-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 route-miles attributable to the area, established by

the Secretary, divided by the total number of all fixed

guideway 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.

revenue vehicle- or 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 of Transportation that energy or

operating efficiencies would be achieved, reduces revenue

vehicle-miles but provides the same frequency of revenue service

to the same number of riders.

the amount apportioned under subsection (a)(2) of this section,

66.71 percent shall be apportioned as follows:

(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

revenue vehicle-miles operated in or directly serving the

urbanized area divided by the total bus revenue vehicle-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 by the latest Government 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 Transportation, 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

revenue vehicle-miles operated in or directly serving the

urbanized area divided by the total bus revenue vehicle-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 latest Government 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 Transportation, 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) [Reserved.]

(e) Date of Apportionment. - The Secretary of Transportation

shall -

(1) apportion amounts appropriated under subsections (a) and

(h)(2) of section 5338 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.

(f) Amounts Not Apportioned to Designated Recipients. - The chief

executive officer of a State may expend in an urbanized area with a

population of less than 200,000 an amount apportioned under this

section that is not apportioned to a designated recipient as

defined in section 5307(a) of this title.

(g) Transfers of Apportionments. - (1) The chief executive

officer of a State may transfer any part of the State's

apportionment under subsection (a)(1) of this section to supplement

amounts apportioned to the State under section 5311(c) of this

title or amounts apportioned to urbanized areas under this

subsection. The chief executive officer may make a transfer only

after consulting with responsible local officials and publicly

owned operators of mass transportation in each area for which the

amount originally was apportioned under this section.

(2) The chief executive officer of a State may transfer any part

of the State's apportionment under section 5311(c) of this title to

supplement amounts apportioned to the State under subsection (a)(1)

of this section.

(3) The chief executive officer 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 chief executive officer of

a State. The chief executive officer 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.

(h) Changes of Apportionments. - 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.

(i) Period of Availability to Recipients. - An amount apportioned

under this section may be obligated by the recipient for 3 years

after the fiscal year in which the amount is apportioned. Not later

than 30 days after the end of the 3-year period, an amount that is

not obligated at the end of that period shall be added to the

amount that may be apportioned under this section in the next

fiscal year.

(j) Application of Other Sections. - Sections 5302, 5318,

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.

(k) Certain Urbanized Areas Grandfathered. - 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) (!1) 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.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 840; Pub. L.

104-287, Sec. 5(19), Oct. 11, 1996, 110 Stat. 3390; Pub. L.

105-178, title III, Secs. 3027(a), (b), 3029(b)(10), (11), June 9,

1998, 112 Stat. 366, 373.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5336(a)(1) 49 App.:1607a(a)(1). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(a); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2141; Apr. 2, 1987,

Pub. L. 100-17, Sec. 327(b),

101 Stat. 238; Dec. 18,

1991, Pub. L. 102-240, Sec.

3013(a), 105 Stat. 2106.

49 App.:1607a(d). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(b)(1)-(3), (c)-(e)(1),

(m)(2); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2141, 2147; Apr. 2,

1987, Pub. L. 100-17, Sec.

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)( 49

A) App.:1607a(b)(1),

(2) (1st sentence).

5336(b)(2)( 49 App.:1607a(b)(3)

B) (1st sentence).

5336(b)(2)( 49 App.:1607a(b)(2)

C) (2d sentence), (3)

(last sentence).

5336(b)(2)( 49 App.:1607a(b)(2)

D) (3d sentence).

5336(b)(2)( 49 App.:1607a(b)(4). July 9, 1964, Pub. L.

E) 88-365, 78 Stat. 302, Sec.

9(b)(4); added Dec. 18,

1991, Pub. L. 102-240, Sec.

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 July 9, 1964, Pub. L.

(k)(2)(A). 88-365, 78 Stat. 302, Sec.

9(k)(2)(A); added Jan. 6,

1983, Pub. L. 97-424, Sec.

303, 96 Stat. 2145; Apr. 2,

1987, Pub. L. 100-17, Secs.

312(c)(1), (2), 327(b), 101

Stat. 228, 238.

5336(d)(2) 49 App.:1607a July 9, 1964, Pub. L.

(k)(2)(B). 88-365, 78 Stat. 302, Sec.

9(k)(2)(B); added Apr. 2,

1987, Pub. L. 100-17, Sec.

312(c)(3), 101 Stat. 228;

Dec. 18, 1991, Pub. L.

102-240, Sec. 3013(i), 105

Stat. 2107.

49 App.:1607a July 9, 1964, Pub. L.

(k)(2)(C). 88-365, 78 Stat. 302, Sec.

9(k)(2)(C); added Apr. 2,

1987, Pub. L. 100-17, Sec.

312(c)(3), 101 Stat. 228.

5336(e) 49 App.:1607a(q). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(q); added Apr. 2, 1987,

Pub. L. 100-17, Sec. 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, Sec.

9(n); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2147; Apr. 2, 1987,

Pub. L. 100-17, Secs.

312(d), 327(b), 101 Stat.

229, 238.

5336(h) 49 App.:1607a(t). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(t); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

3013(k), 105 Stat. 2108.

5336(i) 49 App.:1607a(o). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(o); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2147; Apr. 2, 1987,

Pub. L. 100-17, Secs. 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, Sec.

9(s); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

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.

PUB. L. 104-287

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).

-REFTEXT-

REFERENCES IN TEXT

Section 5302(a) of this title, referred to in subsec. (k)(1), was

subsequently amended, and section 5203(a)(13) no longer defines the

term "urbanized area". However, such term is defined elsewhere in

that section.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 3027(a), substituted "formula

grants" for "block grants" in section catchline.

Subsec. (a). Pub. L. 105-178, Sec. 3029(b)(10), substituted

"5338(a) of this title" for "5338(f) of this title" in introductory

provisions.

Subsec. (d). Pub. L. 105-178, Sec. 3027(b), amended subsec. (d)

generally, substituting "[Reserved.]" for former provisions

relating to operating assistance.

Subsec. (e)(1). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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."

EFFECTIVE DATE OF 1996 AMENDMENT

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.

URBANIZED AREA FORMULA STUDY

Pub. L. 105-178, title III, Sec. 3033, June 9, 1998, 112 Stat.

386, provided that:

"(a) Study. - The Secretary [of Transportation] shall conduct a

study to determine whether the formula for apportioning funds to

urbanized areas under section 5336 of title 49, United States Code,

accurately reflects the transit needs of the urbanized areas and,

if not, whether any changes should be made either to the formula or

through some other mechanism to reflect the fact that some

urbanized areas with a population between 50,000 and 200,000 have

transit systems that carry more passengers per mile or hour than

the average of those transit systems in urbanized areas with a

population over 200,000.

"(b) Report. - Not later than December 31, 1999, the Secretary

shall transmit to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee on

Banking, Housing, and Urban Affairs of the Senate a report on the

results of the study conducted under this section, together with

any proposed changes to the method for apportioning funds to

urbanized areas with a population over 50,000."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 5308, 5310, 5323,

5330, 5337 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC Sec. 5337 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5337. Apportionment of appropriations for fixed guideway

modernization

-STATUTE-

(a) Distribution. - The Secretary shall apportion amounts made

available for fixed guideway modernization under section 5309 for

each of fiscal years 1998 through 2003 as follows:

(1) The first $497,700,000 shall be apportioned in the

following urbanized areas as follows:

(A) Baltimore, $8,372,000.

(B) Boston, $38,948,000.

(D) Cleveland, $9,509,500.

(E) New Orleans, $1,730,588.

(F) New York, $176,034,461.

(G) Northeastern New Jersey, $50,604,653.

(H) Philadelphia/Southern New Jersey, $58,924,764.

(I) Pittsburgh, $13,662,463.

(J) San Francisco, $33,989,571.

(K) Southwestern Connecticut, $27,755,000.

(2) The next $70,000,000 shall be apportioned as follows:

(A) 50 percent in the urbanized areas listed in paragraph

(1), as provided in section 5336(b)(2)(A).

(B) 50 percent in other urbanized areas eligible for

assistance under section 5336(b)(2)(A) to which amounts were

apportioned under this section for fiscal year 1997, as

provided in section 5336(b)(2)(A) and subsection (e)(1) of this

section.

(3) The next $5,700,000 shall be apportioned in the following

urbanized areas as follows:

(A) Pittsburgh, 61.76 percent.

(B) Cleveland, 10.73 percent.

(D) 21.72 percent in urbanized areas to which paragraph

(2)(B) applies, as provided in section 5336(b)(2)(A) and

subsection (e)(1) of this section.

(4) The next $186,600,000 shall be apportioned in each

urbanized area to which paragraph (1) applies and in each

urbanized area to which paragraph (2)(B) applies, as provided in

section 5336(b)(2)(A) and subsection (e)(1) of this section.

(5) The next $70,000,000 shall be apportioned as follows:

(A) 65 percent in the urbanized areas listed in paragraph

(1), as provided in section 5336(b)(2)(A) and subsection (e)(2)

of this section.

(B) 35 percent to other urbanized areas eligible for

assistance under section 5336(b)(2)(A) if the areas contain

fixed guideway systems placed in revenue service at least 7

years before the fiscal year in which amounts are made

available and in any urbanized area if, before the first day of

the fiscal year, the area satisfies the Secretary that the area

has modernization needs that cannot adequately be met with

amounts received under section 5336(b)(2)(A), as provided in

section 5336(b)(2)(A) and subsection (e)(2) of this section.

(6) The next $50,000,000 shall be apportioned as follows:

(A) 60 percent in the urbanized areas listed in paragraph

(1), as provided in section 5336(b)(2)(A) and subsection (e)(2)

of this section.

(B) 40 percent to urbanized areas to which paragraph (5)(B)

applies, as provided in section 5336(b)(2)(A) and subsection

(e)(2) of this section.

(7) Remaining amounts shall be apportioned as follows:

(A) 50 percent in the urbanized areas listed in paragraph

(1), as provided in section 5336(b)(2)(A) and subsection (e)(2)

of this section.

(B) 50 percent to urbanized areas to which paragraph (5)(B)

applies, as provided in section 5336(b)(2)(A) and subsection

(e)(2) of this section.

(b) Total Amounts Not Available. - In a fiscal year in which the

total amounts authorized under subsection (a)(1) and (2) of this

section are not available, the Secretary shall reduce on a

proportionate basis the apportionments of all urbanized areas

eligible under subsection (a)(1) or (2) to adjust for the amount

not available.

allocated to the New Jersey Transit Corporation under this section

may be spent in any urbanized area in which the New Jersey Transit

Corporation operates rail transportation, regardless of which

urbanized area generates the financing.

(d) Availability of Amounts. - An amount apportioned under this

section -

(1) remains available for 3 years after the fiscal year in

which the amount is apportioned; and

(2) that is unobligated at the end of the 3-year period shall

be reapportioned for the next fiscal year among urbanized areas

eligible under subsection (a)(1)-(3) of this section using the

apportionment formula of this section.

(e) Special Rule for October 1, 1997, Through March 31, 1998. -

The Secretary shall determine the amount that each urbanized area

is to be apportioned for fixed guideway modernization under this

section on a pro rata basis to reflect the partial fiscal year 1998

funding made available by section 5338(b)(1)(F).(!1)

(e) (!2) Route Segments To Be Included in Apportionment Formulas.

(1) 1997 standard. - Amounts apportioned under paragraphs

(2)(B), (3), and (4) of subsection (a) shall have attributable to

each urbanized area only the number of fixed guideway revenue

miles of service and number of fixed guideway route miles for

segments of fixed guideway systems used to determine

apportionments for fiscal year 1997.

(2) Other standards. - Amounts apportioned under paragraphs (5)

through (7) of subsection (a) shall have attributable to each

urbanized area only the number of fixed guideway revenue miles of

service and number of fixed guideway route-miles for segments of

fixed guideway systems placed in revenue service at least 7 years

before the fiscal year in which amounts are made available.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 844; Pub. L.

103-429, Sec. 6(14), Oct. 31, 1994, 108 Stat. 4379; Pub. L.

102-240, title III, Sec. 3049(b), as added Pub. L. 105-130, Sec. 8,

Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105-178, title III, Secs.

3028, 3029(b)(12), June 9, 1998, 112 Stat. 366, 373; Pub. L.

105-206, title IX, Sec. 9009(p), July 22, 1998, 112 Stat. 858.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5337(a) 49 App.:1602(h) July 9, 1964, Pub. L.

(1)-(4). 88-365, 78 Stat. 302, Sec.

3(h)(1)-(6); added Aug. 22,

1974, Pub. L. 93-503, Sec.

110, 88 Stat. 1573; Nov. 6,

1978, Pub. L. 95-599, Sec.

302(d), 92 Stat. 2737;

restated Dec. 18, 1991, Pub.

L. 102-240, Sec. 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,

Sec.3(h)(7); added Oct. 6,

1992, Pub. L. 102-388, Sec.

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.

PUB. L. 103-429

This amends 49:5337(a)(4) to correct an erroneous

cross-reference.

-REFTEXT-

REFERENCES IN TEXT

Section 5338(b)(1), referred to in subsec. (e), was amended

generally by Pub. L. 105-178, title III, Sec. 3029(a), June 9,

1998, 112 Stat. 368, and, as so amended, no longer contains a

subpar. (F).

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 3028(b), added subsec. (e)

relating to route segments to be included in apportionment

formulas.

Subsec. (e)(1). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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)".

EFFECTIVE DATE OF 1998 AMENDMENT

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.

EFFECTIVE DATE OF 1994 AMENDMENT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5333 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "(f)".

-End-

-CITE-

49 USC Sec. 5338 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5338. Authorizations

-STATUTE-

(a) Formula Grants. -

(1) Fiscal year 1998. -

(A) From the trust fund. - There shall be available from the

Mass Transit Account of the Highway Trust Fund to carry out

sections 5307, 5310, and 5311, $2,260,000,000 for fiscal year

1998.

(B) From the general fund. - In addition to amounts made

available under subparagraph (A), there are authorized to be

appropriated to carry out sections 5307, 5310, and 5311,

$240,000,000 for fiscal year 1998.

available by and appropriated under this paragraph for a fiscal

year -

(i) $4,849,950 shall be available to the Alaska Railroad

for improvements to its passenger operations under section

5307;

(ii) $62,219,389 shall be available to provide

transportation services to elderly individuals and

individuals with disabilities under section 5310;

(iii) $134,077,934 shall be available to provide financial

assistance for other than urbanized areas under section 5311;

and

(iv) $2,298,852,727 shall be available to provide financial

assistance for urbanized areas under section 5307.

(2) Fiscal years 1999 through 2003. -

(A) From the trust fund. - There shall be available from the

Mass Transit Account of the Highway Trust Fund to carry out

sections 5307, 5308, 5310, and 5311 -

(i) $2,280,000,000 for fiscal year 1999;

(ii) $2,478,400,000 for fiscal year 2000;

(iii) $2,676,000,000 for fiscal year 2001;

(iv) $2,873,600,000 for fiscal year 2002; and

(v) $3,071,200,000 for fiscal year 2003.

(B) From the general fund. - In addition to amounts made

available under subparagraph (A), there are authorized to be

appropriated to carry out sections 5307, 5308, 5310, and 5311 -

(i) $570,000,000 for fiscal year 1999;

(ii) $619,600,000 for fiscal year 2000;

(iii) $669,000,000 for fiscal year 2001;

(iv) $718,400,000 for fiscal year 2002; and

(v) $767,800,000 for fiscal year 2003.

available by and appropriated under this paragraph for a fiscal

year -

(i) $4,849,950 shall be available to the Alaska Railroad

for improvements to its passenger operations under section

5307;

(ii) $50,000,000 shall be available to carry out section

5308; and

(iii) of the remaining amount -

(I) 2.4 percent shall be available to provide

transportation services to elderly individuals and

individuals with disabilities under section 5310;

(II) 6.37 percent shall be available to provide financial

assistance for other than urbanized areas under section

5311; and

(III) 91.23 percent shall be available to provide

financial assistance for urbanized areas under section

5307.

(b) Capital Program Grants and Loans. -

(1) Fiscal year 1998. - There shall be available from the Mass

Transit Account of the Highway Trust Fund to carry out section

5309, $2,000,000,000 for fiscal year 1998.

(2) Fiscal years 1999 through 2003. -

(A) From the trust fund. - There shall be available from the

Mass Transit Account of the Highway Trust Fund to carry out

section 5309 -

(i) $1,805,600,000 for fiscal year 1999;

(ii) $1,960,800,000 for fiscal year 2000;

(iii) $2,116,800,000 for fiscal year 2001;

(iv) $2,272,800,000 for fiscal year 2002; and

(v) $2,428,800,000 for fiscal year 2003.

(B) From the general fund. - In addition to amounts made

available under subparagraph (A), there are authorized to be

appropriated to carry out section 5309 -

(i) $451,400,000 for fiscal year 1999;

(ii) $490,200,000 for fiscal year 2000;

(iii) $529,200,000 for fiscal year 2001;

(iv) $568,200,000 for fiscal year 2002; and

(v) $607,200,000 for fiscal year 2003.

(1) Fiscal year 1998. - There are authorized to be appropriated

to carry out sections 5303, 5304, 5305, and 5313(b), $47,750,000

for fiscal year 1998.

(2) Fiscal years 1999 through 2003. -

(A) From the trust fund. - There shall be available from the

Mass Transit Account of the Highway Trust Fund to carry out

sections 5303, 5304, 5305, and 5313(b) -

(i) $42,200,000 for fiscal year 1999;

(ii) $48,400,000 for fiscal year 2000;

(iii) $50,200,000 for fiscal year 2001;

(iv) $53,800,000 for fiscal year 2002; and

(v) $58,600,000 for fiscal year 2003.

(B) From the general fund. - In addition to amounts made

available under subparagraph (A), there are authorized to be

appropriated to carry out sections 5303, 5304, 5305, and

5313(b) -

(i) $10,800,000 for fiscal year 1999;

(ii) $11,600,000 for fiscal year 2000;

(iii) $12,800,000 for fiscal year 2001;

(iv) $13,200,000 for fiscal year 2002; and

(v) $14,400,000 for fiscal year 2003.

appropriated under this paragraph for a fiscal year -

(i) 82.72 percent shall be available for metropolitan

planning under sections 5303, 5304, and 5305; and

(ii) 17.28 percent shall be available for State planning

under section 5313(b).

(d) Research. -

(1) Fiscal year 1998. - There are authorized to be appropriated

to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and

5322, $44,250,000 for fiscal year 1998.

(2) Fiscal years 1999 through 2003. -

(A) From the trust fund. - There shall be available from the

Mass Transit Account of the Highway Trust Fund to carry out

sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322 -

(i) $36,000,000 for fiscal year 1999;

(ii) $37,600,000 for fiscal year 2000;

(iii) $37,600,000 for fiscal year 2001;

(iv) $39,200,000 for fiscal year 2002; and

(v) $39,200,000 for fiscal year 2003.

(B) From the general fund. - In addition to amounts made

available under subparagraph (A), there are authorized to be

appropriated to carry out sections 5311(b)(2), 5312, 5313(a),

5314, 5315, and 5322 -

(i) $9,000,000 for fiscal year 1999;

(ii) $9,400,000 for fiscal year 2000;

(iii) $9,400,000 for fiscal year 2001;

(iv) $9,800,000 for fiscal year 2002; and

(v) $9,800,000 for fiscal year 2003.

appropriated under this paragraph for a fiscal year -

(i) not less than $5,250,000 shall be available for

providing rural transportation assistance under section

5311(b)(2);

(ii) not less than $8,250,000 shall be available for

carrying out transit cooperative research programs under

section 5313(a);

(iii) not less than $4,000,000 shall be available to carry

out programs under the National Transit Institute under

section 5315, including not more than $1,000,000 shall be

available to carry out section 5315(a)(16); and

(iv) the remainder shall be available for carrying out

national planning and research programs under sections

5311(b)(2), 5312, 5313(a), 5314, and 5322.

(e) University Transportation Research. -

(1) Fiscal year 1998. - Subject to paragraph (2)(C), there are

authorized to be appropriated to carry out section 5505 (!1)

$6,000,000 for fiscal year 1998.

(2) Fiscal years 1999 through 2003. -

(A) From the trust fund. - Subject to subparagraph (C), there

shall be available from the Mass Transit Account of the Highway

Trust Fund to carry out section 5505, $4,800,000 for each of

fiscal years 1999 through 2003.

(B) From the general fund. - Subject to subparagraph (C), in

addition to amounts made available under subparagraph (A),

there are authorized to be appropriated to carry out section

5505, $1,200,000 for each of fiscal years 1999 through 2003.

(i) Of the amounts made available under subparagraph (A)

and paragraph (1) for each fiscal year -

(I) $2,000,000 shall be available for the center

identified in section 5505(j)(4)(A); and

(II) $2,000,000 shall be available for the center

identified in section 5505(j)(4)(F).

(ii) For each of fiscal years 1998 through 2001, of the

amounts made available under this paragraph and paragraph (1)

(I) $400,000 shall be available from amounts made

available under subparagraph (A) of this paragraph and

under paragraph (1) for each of the centers identified in

subparagraphs (E) and (F) of section 5505(j)(3); and

(II) $350,000 shall be available from amounts made

available under subparagraph (B) of this paragraph and

under paragraph (1) for each of the centers identified in

subparagraphs (E) and (F) of section 5505(j)(3).

(iii) Any amounts made available under this paragraph or

paragraph (1) for any fiscal year that remain after

distribution under clauses (i) and (ii), shall be available

for the purposes identified in section 3015(d) of the Federal

Transit Act of 1998.

(3) Special rule. - Nothing in this subsection shall be

construed to limit the transportation research conducted by the

centers funded by this section.

(f) Administration. -

(1) Fiscal year 1998. - There are authorized to be appropriated

to carry out section 5334, $45,738,000 for fiscal year 1998.

(2) Fiscal years 1999 through 2003. -

(A) From the trust fund. - There shall be available from the

Mass Transit Account of the Highway Trust Fund to carry out

section 5334 -

(i) $43,200,000 for fiscal year 1999;

(ii) $48,000,000 for fiscal year 2000;

(iii) $51,200,000 for fiscal year 2001;

(iv) $53,600,000 for fiscal year 2002; and

(v) $58,400,000 for fiscal year 2003.

(B) From the general fund. - In addition to amounts made

available under subparagraph (A), there are authorized to be

appropriated to carry out section 5334 -

(i) $10,800,000 for fiscal year 1999;

(ii) $12,000,000 for fiscal year 2000;

(iii) $12,800,000 for fiscal year 2001;

(iv) $13,400,000 for fiscal year 2002; and

(v) $14,600,000 for fiscal year 2003.

(g) Grants as Contractual Obligations. -

(1) Grants financed from the highway trust fund. - A grant or

contract approved by the Secretary, that is financed with amounts

made available under subsection (a)(1)(A), (a)(2)(A), (b)(1),

(b)(2)(A), (c)(2)(A), (d)(2)(A), (e)(2)(A), or (f)(2)(A) is a

contractual obligation of the United States Government to pay the

Government's share of the cost of the project.

(2) Grants financed from general funds. - A grant or contract,

approved by the Secretary, that is financed with amounts made

available under subsection (a)(1)(B), (a)(2)(B), (b)(2)(B),

(c)(1), (c)(2)(B), (d)(1), (d)(2)(B), (e)(1), (e)(2)(B), (f)(1),

(f)(2)(B), or (h) is a contractual obligation of the Government

to pay the Government's share of the cost of the project only to

the extent that amounts are provided in advance in an

appropriations Act.

(h) Additional Amounts. - In addition to amounts made available

by or appropriated under subsections (a) through (f) under the

Transportation Discretionary Spending Guarantee for the Mass

Transit Category, there are authorized to be appropriated -

(1) to carry out sections 5303, 5304, 5305, and 5313(b) -

(A) for fiscal year 1999, $32,000,000;

(B) for fiscal year 2000, $33,000,000;

(D) for fiscal year 2002, $35,000,000; and

(E) for fiscal year 2003, $36,000,000;

(2) to carry out section 5307, $150,000,000 for each of fiscal

years 1999 through 2003;

(3) to carry out section 5308, $100,000,000 for each of fiscal

years 1999 through 2003;

(4) to carry out section 5309(m)(1)(A), $100,000,000 for each

of fiscal years 1999 through 2003;

(5) to carry out section 5309(m)(1)(B) -

(A) for fiscal year 1999 (!1) $400,000,000;

(B) for fiscal year 2000 (!1) $410,000,000;

(D) for fiscal year 2002 (!1) $430,000,000; and

(E) for fiscal year 2003 (!1) $430,000,000;

(6) to carry out section 5309(m)(1)(C), $100,000,000 for each

of fiscal years 1999 through 2003;

(7) to carry out sections 5311(b)(2), 5312, 5313(a), 5314,

5315, and 5322 -

(A) for fiscal year 1999, $31,000,000;

(B) for fiscal year 2000, $31,000,000;

(D) for fiscal year 2002, $33,000,000; and

(E) for fiscal year 2003, $34,000,000; and

(8) to carry out section 5334 -

(A) for fiscal year 1999, $13,000,000;

(B) for fiscal year 2000, $14,000,000;

(D) for fiscal year 2002, $17,000,000; and

(E) for fiscal year 2003, $18,000,000.

(i) Availability of Amounts. - Amounts made available by or

appropriated under subsections (a) through (e), and paragraphs (1)

through (7) of subsection (h), shall remain available until

expended.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 845; Pub. L.

104-287, Sec. 5(20), Oct. 11, 1996, 110 Stat. 3390; Pub. L.

102-240, Sec. 3049(c), as added Pub. L. 105-130, Sec. 8, Dec. 1,

1997, 111 Stat. 2559; Pub. L. 105-178, title III, Sec. 3029(a),

(c), June 9, 1998, 112 Stat. 368; Pub. L. 105-206, title IX, Sec.

9009(q), July 22, 1998, 112 Stat. 858.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5338(a) 49 App.:1617(a) July 9, 1964, Pub. L.

(less availability). 88-365, 78 Stat. 302, Sec.

21; added Jan. 6, 1983, Pub.

L. 97-424, Sec. 302(a), 96

Stat. 2140; Apr. 2, 1987,

Pub. L. 100-17, Sec. 328,

101 Stat. 238; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3025, 105 Stat. 2112;

Oct. 6, 1992, Pub. L.

102-388, Sec. 502(m)-(q),

106 Stat. 1567.

5338(b) 49 App.:1617(b)

(less availability).

5338(c) 49 App.:1625(d) July 9, 1964, Pub. L.

(1st sentence). 88-365, 78 Stat. 302, Sec.

29(d); added Dec. 18, 1991,

Pub. L. 102-240, Sec. 6022,

105 Stat. 2185.

5338(d) 49 App.:1607c(c)(6). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

11(c)(6); added Dec. 18,

1991, Pub. L. 102-240, Sec.

6024, 105 Stat. 2189; Sept.

23, 1992, Pub. L. 102-368,

Sec. 801, 106 Stat. 1131.

5338(e)(1) 49 App.:1607c(b) July 9, 1964, Pub. L.

(8)(B)(iii), (13) 88-365, 78 Stat. 302, Sec.

(1st sentence). 11(b) (8)(B)(iii), (10)(C),

(13); added Dec. 18, 1991,

Pub. L. 102-240, Sec. 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) July 9, 1964, Pub. L.

(last sentence). 88-365, 78 Stat. 302, Sec.

16(b) (last sentence); added

Oct. 15, 1970, Pub. L.

91-453, Sec. 8, 84 Stat.

968; Aug. 13, 1973, Pub. L.

93-87, Sec. 301(g), 87 Stat.

296; restated Nov. 6, 1978,

Pub. L. 95-599, Sec. 311(a),

92 Stat. 2748; Jan. 6, 1983,

Pub. L. 97-424, Sec. 317(a),

96 Stat. 2153.

5338(j)(2) 49 App.:1612(d). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

16(d); added Oct. 15, 1970,

Pub. L. 91-453, Sec. 8, 84

Stat. 968; Dec. 18, 1991,

Pub. L. 102-240, Sec.

3021(5), 105 Stat. 2110.

5338(j)(3) 49 App.:1603(c) July 9, 1964, Pub. L.

(last sentence). 88-365, 78 Stat. 302, Sec.

4(c) (last sentence); added

Nov. 6, 1978, Pub. L.

95-599, Sec. 303(e), 92

Stat. 2739; Dec. 18, 1991,

Pub. L. 102-240, Sec.

3006(h)(1), 105 Stat. 2090.

5338(j)(4) 49 App.:1617(f)

(less availability).

5338(j)(5) 49 App.:1602(m) July 9, 1964, Pub. L.

(1st sentence). 88-365, 78 Stat. 302, Sec.

3(m) (1st sentence); added

Dec. 18, 1991, Pub. L.

102-240, Sec. 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) July 9, 1964, Pub. L.

(last sentence). 88-365, 78 Stat. 302, Sec.

18(a) (last sentence); added

Nov. 6, 1978, Pub. L.

95-599, Sec. 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, Sec.

9B(c); added Apr. 2, 1987,

Pub. L. 100-17, Sec. 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.

PUB. L. 104-287

This amends 49:5338(g)(2) to correct an erroneous

cross-reference.

-REFTEXT-

REFERENCES IN TEXT

Section 3015(d) of the Federal Transit Act of 1998, referred to

in subsec. (e)(2)(C)(iii), is section 3015(d) of Pub. L. 105-178,

which is set out as a note below.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 3029(c)(7)(C)(iii), as

added by Pub. L. 105-206, added subpar. (C).

Subsec. (e)(3). Pub. L. 105-178, Sec. 3029(c)(7)(D), as added by

Pub. L. 105-206, added par. (3).

Subsec. (g)(2). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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, Sec. 3049(c)(1)(A), as

added by Pub. L. 105-130, added subpar. (F).

Subsec. (a)(2)(F). Pub. L. 102-240, Sec. 3049(c)(1)(B), as added

by Pub. L. 105-130, added subpar. (F).

Subsec. (b)(1)(F). Pub. L. 102-240, Sec. 3049(c)(2), as added by

Pub. L. 105-130, added subpar. (F).

Subsec. (c). Pub. L. 102-240, Sec. 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, Sec. 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, Sec. 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, Sec. 3049(c)(6), as added by

Pub. L. 105-130, added subpar. (D).

Subsec. (k). Pub. L. 102-240, Sec. 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, Sec. 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)".

EFFECTIVE DATE OF 1998 AMENDMENT

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.

EFFECTIVE DATE OF 1996 AMENDMENT

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.

ADJUSTMENTS FOR SURFACE TRANSPORTATION EXTENSION ACT OF 1997

Pub. L. 105-178, title III, Sec. 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 section 5337(a) of this title.

TRAINING AND CURRICULUM DEVELOPMENT

Pub. L. 105-178, title III, Sec. 3015(d), as added by Pub. L.

105-206, title IX, Sec. 9009(k)(2), July 22, 1998, 112 Stat. 857,

provided that:

"(1) In general. - Any funds made available by section

5338(e)(2)(C)(iii) of title 49, United States Code, shall be

available in equal amounts for transportation research, training,

and curriculum development at institutions identified in

subparagraphs (E) and (F) of section 5505(j)(3) of such title.

"(2) Special rule. - If the institutions identified in paragraph

(1) are selected pursuant to [section] 5505(i)(3)(B) of such title

in fiscal year 2002 or 2003, the funds made available to carry out

this subsection shall be available to those institutions to carry

out the activities required pursuant to section 5505(i)(3)(B) of

such title for that fiscal year."

PROGRAMS OF FEDERAL TRANSIT ADMINISTRATION; LIMITATION ON

OBLIGATIONS

Pub. L. 107-87, title III, Sec. 309, Dec. 18, 2001, 115 Stat.

855, provided that: "The limitations on obligations for the

programs of the Federal Transit Administration shall not apply to

any authority under 49 U.S.C. 5338, previously made available for

obligation, or to any other authority previously made available for

obligation."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-346, Sec. 101(a) [title III, Sec. 311], Oct. 23,

2000, 114 Stat. 1356, 1356A-27.

Pub. L. 106-69, title III, Sec. 311, Oct. 9, 1999, 113 Stat.

1018.

Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 311], Oct.

21, 1998, 112 Stat. 2681-439, 2681-467.

Pub. L. 105-66, title III, Sec. 311, Oct. 27, 1997, 111 Stat.

1443.

Pub. L. 104-205, title III, Sec. 311, Sept. 30, 1996, 110 Stat.

2971.

Pub. L. 104-50, title III, Sec. 312, Nov. 15, 1995, 109 Stat.

455.

Pub. L. 103-331, title III, Sec. 313, Sept. 30, 1994, 108 Stat.

2490.

Pub. L. 103-122, title III, Sec. 313, Oct. 27, 1993, 107 Stat.

1221.

Pub. L. 102-388, title III, Sec. 313, Oct. 6, 1992, 106 Stat.

1546.

Pub. L. 102-143, title III, Sec. 313, Oct. 28, 1991, 105 Stat.

941, as amended by Pub. L. 102-240, title III, Secs. 3003(b),

3004(b), Dec. 18, 1991, 105 Stat. 2088.

Pub. L. 101-516, title III, Sec. 313, Nov. 5, 1990, 104 Stat.

2181.

Pub. L. 101-164, title III, Sec. 314, Nov. 21, 1989, 103 Stat.

1094.

Pub. L. 100-457, title III, Sec. 314, Sept. 30, 1988, 102 Stat.

2148.

Pub. L. 100-202, Sec. 101(l) [title III, Sec. 314], Dec. 22,

1987, 101 Stat. 1329-358, 1329-379.

Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title III, Sec. 317],

Oct. 18, 1986, 100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l)

[H.R. 5205, title III, Sec. 317], Oct. 30, 1986, 100 Stat.

3341-308.

Pub. L. 99-190, Sec. 101(e) [title III, Sec. 322], Dec. 19, 1985,

99 Stat. 1267, 1287.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5303, 5308, 5309, 5310,

5311, 5313, 5314, 5321, 5333, 5336, 5337, 5505 of this title; title

2 section 900; title 23 section 110.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

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