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49 U.S.C. § 5338

Section 5338 · Authorizations

Version as of October 29, 2015, with additions and removals from the July 31, 2015 version.

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As of October 29, 2015
As of July 31, 2015
(a) Formula Grants.— (1) In general.— There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340, and section 20005(b) of the Federal Public Transportation Act of 2012, $8,478,000,000 for fiscal year 2013, $8,595,000,000 for fiscal year 2014, $8,595,000,000 for fiscal year 2015, and $681,024,590 for the period beginning on October 1, 2015, and ending on October 29, 2015. (2) Allocation of funds.— Of the amounts made available under paragraph (1)— (A) $126,900,000 for fiscal year 2013, $128,800,000 for fiscal year 2014, $128,800,000 for fiscal 2015, and $10,205,464 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to carry out section 5305; (B) $10,000,000 for each of fiscal years 2013 through 2015 and $792,350 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012; (C) $4,397,950,000 for fiscal year 2013, $4,458,650,000 for fiscal year 2014, $4,458,650,000 for fiscal year 2015, and $353,281,011 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307; (D) $254,800,000 for fiscal year 2013, $258,300,000 for fiscal year 2014, $258,300,000 for fiscal year 2015, and $20,466,393 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310; (E) $599,500,000 for fiscal year 2013, $607,800,000 for fiscal year 2014, $607,800,000 for fiscal year 2015, and $48,159,016 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to provide financial assistance for rural areas under section 5311, of which not less than $30,000,000 for fiscal year 2013, $30,000,000 for fiscal year 2014, $30,000,000 for fiscal year 2015, and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to carry out section 5311(c)(1) and $20,000,000 for fiscal year 2013, $20,000,000 for fiscal year 2014, $20,000,000 for fiscal year 2015, and $1,584,699 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to carry out section 5311(c)(2); (F) $3,000,000 for each of fiscal years 2013 through 2015 and $237,705 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available for bus testing under section 5318; (G) $5,000,000 for each of fiscal years 2013 through 2015 and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available for the national transit institute under section 5322(d); (H) $3,850,000 for each of fiscal years 2013 through 2015 and $305,055 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to carry out section 5335; (I) $2,136,300,000 for fiscal year 2013, $2,165,900,000 for fiscal year 2014, $2,165,900,000 for fiscal year 2015, and $171,615,027 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to carry out section 5337; (J) $422,000,000 for fiscal year 2013, $427,800,000 for fiscal year 2014, $427,800,000 for fiscal year 2015, and $33,896,721 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available for the bus and bus facilities program under section 5339; and (K) $518,700,000 for fiscal year 2013, $525,900,000 for fiscal year 2014, $525,900,000 for fiscal year 2015, and $41,669,672 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311.
(a) Formula Grants.— (1) In general.— There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 5339, and 5340, and section 20005(b) of the Federal Public Transportation Act of 2012, $8,478,000,000 for fiscal year 2013, $8,595,000,000 for fiscal year 2014, $8,595,000,000 for fiscal year 2015, and $1,197,663,934 for the period beginning on October 1, 2015, and ending on November 20, 2015. (2) Allocation of funds.— Of the amounts made available under paragraph (1)— (A) $126,900,000 for fiscal year 2013, $128,800,000 for fiscal year 2014, $128,800,000 for fiscal 2015, and $17,947,541 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to carry out section 5305; (B) $10,000,000 for each of fiscal years 2013 through 2015 and $1,393,443 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012; (C) $4,397,950,000 for fiscal year 2013, $4,458,650,000 for fiscal year 2014, $4,458,650,000 for fiscal year 2015, and $621,287,295 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307; (D) $254,800,000 for fiscal year 2013, $258,300,000 for fiscal year 2014, $258,300,000 for fiscal year 2015, and $35,992,623 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310; (E) $599,500,000 for fiscal year 2013, $607,800,000 for fiscal year 2014, $607,800,000 for fiscal year 2015, and $84,693,443 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to provide financial assistance for rural areas under section 5311, of which not less than $30,000,000 for fiscal year 2013, $30,000,000 for fiscal year 2014, $30,000,000 for fiscal year 2015, and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to carry out section 5311(c)(1) and $20,000,000 for fiscal year 2013, $20,000,000 for fiscal year 2014, $20,000,000 for fiscal year 2015, and $2,786,885 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to carry out section 5311(c)(2); (F) $3,000,000 for each of fiscal years 2013 through 2015 and $418,033 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available for bus testing under section 5318; (G) $5,000,000 for each of fiscal years 2013 through 2015 and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available for the national transit institute under section 5322(d); (H) $3,850,000 for each of fiscal years 2013 through 2015 and $536,475 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to carry out section 5335; (I) $2,136,300,000 for fiscal year 2013, $2,165,900,000 for fiscal year 2014, $2,165,900,000 for fiscal year 2015, and $301,805,738 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to carry out section 5337; (J) $422,000,000 for fiscal year 2013, $427,800,000 for fiscal year 2014, $427,800,000 for fiscal year 2015, and $59,611,475 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available for the bus and bus facilities program under section 5339; and (K) $518,700,000 for fiscal year 2013, $525,900,000 for fiscal year 2014, $525,900,000 for fiscal year 2015, and $73,281,148 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311.
(b) Research, Development Demonstration and Deployment Projects.— There are authorized to be appropriated to carry out section 5312, $70,000,000 for fiscal year 2013, $70,000,000 for fiscal year 2014, $70,000,000 for fiscal year 2015, and $5,546,448 for the period beginning on October 1, 2015, and ending on October 29, 2015.
(b) Research, Development Demonstration and Deployment Projects.— There are authorized to be appropriated to carry out section 5312, $70,000,000 for fiscal year 2013, $70,000,000 for fiscal year 2014, $70,000,000 for fiscal year 2015, and $9,754,098 for the period beginning on October 1, 2015, and ending on November 20, 2015.
(c) Transit Cooperative Research Program.— There are authorized to be appropriated to carry out section 5313, $7,000,000 for fiscal year 2013, $7,000,000 for fiscal year 2014, $7,000,000 for fiscal year 2015, and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015.
(c) Transit Cooperative Research Program.— There are authorized to be appropriated to carry out section 5313, $7,000,000 for fiscal year 2013, $7,000,000 for fiscal year 2014, $7,000,000 for fiscal year 2015, and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015.
(d) Technical Assistance and Standards Development.— There are authorized to be appropriated to carry out section 5314, $7,000,000 for fiscal year 2013, $7,000,000 for fiscal year 2014, $7,000,000 for fiscal year 2015, and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015.
(d) Technical Assistance and Standards Development.— There are authorized to be appropriated to carry out section 5314, $7,000,000 for fiscal year 2013, $7,000,000 for fiscal year 2014, $7,000,000 for fiscal year 2015, and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015.
(e) Human Resources and Training.— There are authorized to be appropriated to carry out subsections (a), (b), (c), and (e) of section 5322, $5,000,000 for fiscal year 2013, $5,000,000 for fiscal year 2014, $5,000,000 for fiscal year 2015, and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015.
(e) Human Resources and Training.— There are authorized to be appropriated to carry out subsections (a), (b), (c), and (e) of section 5322, $5,000,000 for fiscal year 2013, $5,000,000 for fiscal year 2014, $5,000,000 for fiscal year 2015, and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015.
(f) Emergency Relief Program.—

There are authorized to be appropriated such sums as are necessary to carry out section 5324.

(f) Emergency Relief Program.—

There are authorized to be appropriated such sums as are necessary to carry out section 5324.

(g) Capital Investment Grants.— There are authorized to be appropriated to carry out section 5309, $1,907,000,000 for fiscal year 2013, $1,907,000,000 for fiscal year 2014, $1,907,000,000 for fiscal year 2015, and $151,101,093 for the period beginning on October 1, 2015, and ending on October 29, 2015.
(g) Capital Investment Grants.— There are authorized to be appropriated to carry out section 5309, $1,907,000,000 for fiscal year 2013, $1,907,000,000 for fiscal year 2014, $1,907,000,000 for fiscal year 2015, and $265,729,508 for the period beginning on October 1, 2015, and ending on November 20, 2015.
(h) Administration.— (1) In general.— There are authorized to be appropriated to carry out section 5334, $104,000,000 for fiscal year 2013, $104,000,000 for fiscal year 2014, $104,000,000 for fiscal year 2015, and $8,240,437 for the period beginning on October 1, 2015, and ending on October 29, 2015. (2) Section 5329.— Of the amounts authorized to be appropriated under paragraph (1), not less than $5,000,000 for each of fiscal years 2013 through 2015 and not less than $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to carry out section 5329. (3) Section 5326.— Of the amounts made available under paragraph (2), not less than $1,000,000 for each of fiscal years 2013 through 2015 and not less than $79,235 for the period beginning on October 1, 2015, and ending on October 29, 2015, shall be available to carry out section 5326.
(h) Administration.— (1) In general.— There are authorized to be appropriated to carry out section 5334, $104,000,000 for fiscal year 2013, $104,000,000 for fiscal year 2014, $104,000,000 for fiscal year 2015, and $14,491,803 for the period beginning on October 1, 2015, and ending on November 20, 2015. (2) Section 5329.— Of the amounts authorized to be appropriated under paragraph (1), not less than $5,000,000 for each of fiscal years 2013 through 2015 and not less than $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to carry out section 5329. (3) Section 5326.— Of the amounts made available under paragraph (2), not less than $1,000,000 for each of fiscal years 2013 through 2015 and not less than $139,344 for the period beginning on October 1, 2015, and ending on November 20, 2015, shall be available to carry out section 5326.
(i) Oversight.—
(1) In general.—

Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):

(A)

0.5 percent of amounts made available to carry out section 5305.

(B)

0.75 percent of amounts made available to carry out section 5307.

(C)

1 percent of amounts made available to carry out section 5309.

(D)

1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 1 Stat. 4968).

(E)

0.5 percent of amounts made available to carry out section 5310.

(F)

0.5 percent of amounts made available to carry out section 5311.

(G)

0.75 percent of amounts made available to carry out section 5337(c).

(2) Activities.—

The activities described in this paragraph are as follows:

(A)

Activities to oversee the construction of a major capital project.

(B)

Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.

(C)

Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.

(3) Government share of costs.—

The Government shall pay the entire cost of carrying out a contract under this subsection.

(4) Availability of certain funds.—

Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.

(i) Oversight.—
(1) In general.—

Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):

(A)

0.5 percent of amounts made available to carry out section 5305.

(B)

0.75 percent of amounts made available to carry out section 5307.

(C)

1 percent of amounts made available to carry out section 5309.

(D)

1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 1 Stat. 4968).

(E)

0.5 percent of amounts made available to carry out section 5310.

(F)

0.5 percent of amounts made available to carry out section 5311.

(G)

0.75 percent of amounts made available to carry out section 5337(c).

(2) Activities.—

The activities described in this paragraph are as follows:

(A)

Activities to oversee the construction of a major capital project.

(B)

Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.

(C)

Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.

(3) Government share of costs.—

The Government shall pay the entire cost of carrying out a contract under this subsection.

(4) Availability of certain funds.—

Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.

(j) Grants as Contractual Obligations.—
(1) Grants financed from highway trust fund.—

A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.

(2) Grants financed from general fund.—

A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.

(j) Grants as Contractual Obligations.—
(1) Grants financed from highway trust fund.—

A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.

(2) Grants financed from general fund.—

A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.

(k) Availability of Amounts.—

Amounts made available by or appropriated under this section shall remain available until expended.

(k) Availability of Amounts.—

Amounts made available by or appropriated under this section shall remain available until expended.

1  So in original. Probably should be “122”.

1  So in original. Probably should be “122”.

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