§ 5338. —  Authorizations.


[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC5338]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
                     CHAPTER 53--MASS TRANSPORTATION
 
Sec. 5338. Authorizations

    (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.
            (C) Allocation of funds.--Of the aggregate of amounts made 
        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 and for the period of october 
    1, 2003, through february 29, 2004.--
            (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;
                (v) $3,071,200,000 for fiscal year 2003; and
                (vi) $1,292,948,344 for the period of October 1, 2003, 
            through February 29, 2004.

            (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;
                (v) $767,800,000 for fiscal year 2003; and
                (vi) $323,459,169 for the period of October 1, 2003, 
            through February 29, 2004.

            (C) Allocation of funds.--Of the aggregate of amounts made 
        available by and appropriated under this paragraph for a fiscal 
        year (other than for the period of October 1, 2003, through 
        February 29, 2004)--
                (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 and for the period of october 
    1, 2003, through february 29, 2004.--
            (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;
                (v) $2,428,800,000 for fiscal year 2003; and
                (vi) $1,022,503,342 for the period of October 1, 2003, 
            through February 29, 2004.

            (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;
                (v) $607,200,000 for fiscal year 2003; and
                (vi) $255,801,669 for the period of October 1, 2003, 
            through February 29, 2004.

    (c) Planning.--
        (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 and for the period of october 
    1, 2003, through february 29, 2004.--
            (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;
                (v) $58,600,000 for fiscal year 2003; and
                (vi) $24,636,667 for the period of October 1, 2003, 
            through February 29, 2004.

            (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;
                (v) $14,400,000 for fiscal year 2003; and
                (vi) $6,100,000 for the period of October 1, 2003, 
            through February 29, 2004.

            (C) Allocation of funds.--Of the funds made available by or 
        appropriated under this paragraph for a fiscal year or any 
        portion of 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 and for the period of october 
    1, 2003, through february 29, 2004.--
            (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;
                (v) $39,200,000 for fiscal year 2003; and
                (vi) $16,536,667 for the period of October 1, 2003, 
            through February 29, 2004.

            (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;
                (v) $9,800,000 for fiscal year 2003; and
                (vi) $4,095,000 for the period of October 1, 2003, 
            through February 29, 2004.

            (C) Allocation of funds.--Of the funds made available by or 
        appropriated under this paragraph for a fiscal year (other than 
        for the period of October 1, 2003, through February 29, 2004)--
                (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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by a comma.
---------------------------------------------------------------------------
        (2) Fiscal years 1999 through 2003 and for the period of october 
    1, 2003, through february 29, 2004.--
            (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 and $2,020,833 for the period of 
        October 1, 2003, through February 29, 2004.
            (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 and 
        $505,833 for the period of October 1, 2003, through February 29, 
        2004.
            (C) Funding of centers.--
                (i) Of the amounts made available under subparagraph (A) 
            and paragraph (1) for each fiscal year (other than for the 
            period of October 1, 2003, through February 29, 2004)--
                    (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 (other than for the period 
            of October 1, 2003, through February 29, 2004) 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 and for the period of october 
    1, 2003, through february 29, 2004.--
            (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;
                (v) $58,400,000 for fiscal year 2003; and
                (vi) $24,585,834 for the period of October 1, 2003, 
            through February 29, 2004.

            (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;
                (v) $14,600,000 for fiscal year 2003; and
                (vi) $6,150,833 for the period of October 1, 2003, 
            through February 29, 2004.

    (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;
            (C) for fiscal year 2001, $34,000,000;
            (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;
            (C) for fiscal year 2001 \1\ $420,000,000;
            (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;
            (C) for fiscal year 2001, $33,000,000;
            (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;
            (C) for fiscal year 2001, $16,000,000;
            (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.

(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; Pub. L. 108-88, Sec. 8(c), (e)-(g), (i), (k), Sept. 30, 2003, 
117 Stat. 1121-1124.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5338(a)...............................  49 App.:1617(a) (less            July 9, 1964, Pub. L. 88-365, 78 Stat.
                                         availability).                   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) (1st sentence).  July 9, 1964, Pub. L. 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) (8)(B)(iii),    July 9, 1964, Pub. L. 88-365, 78 Stat.
                                         (13) (1st sentence).             302, Sec.  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) (last            July 9, 1964, Pub. L. 88-365, 78 Stat.
                                         sentence).                       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) (last            July 9, 1964, Pub. L. 88-365, 78 Stat.
                                         sentence).                       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) (1st sentence).  July 9, 1964, Pub. L. 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) (last            July 9, 1964, Pub. L. 88-365, 78 Stat.
                                         sentence).                       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.

                       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.


                               Amendments

    2003--Subsec. (a)(2). Pub. L. 108-88, Sec. 8(c)(1), inserted ``and 
for the period of october 1, 2003, through february 29, 2004'' after 
``2003'' in heading.
    Subsec. (a)(2)(A)(vi). Pub. L. 108-88, Sec. 8(c)(2)-(4), added cl. 
(vi).
    Subsec. (a)(2)(B)(vi). Pub. L. 108-88, Sec. 8(c)(2), (3), (5), added 
cl. (vi).
    Subsec. (a)(2)(C). Pub. L. 108-88, Sec. 8(c)(6), inserted ``(other 
than for the period of October 1, 2003, through February 29, 2004)'' 
after ``a fiscal year'' in introductory provisions.
    Subsec. (b)(2). Pub. L. 108-88, Sec. 8(e)(1), inserted ``and for the 
period of october 1, 2003, through february 29, 2004'' after ``2003'' in 
heading.
    Subsec. (b)(2)(A)(vi). Pub. L. 108-88, Sec. 8(e)(2)-(4), added cl. 
(vi).
    Subsec. (b)(2)(B)(vi). Pub. L. 108-88, Sec. 8(e)(2), (3), (5), added 
cl. (vi).
    Subsec. (c)(2). Pub. L. 108-88, Sec. 8(f), which directed the 
amendment of section 5338(c)(2) by inserting ``and for the period of 
october 1, 2003, through february 29, 2004'' after ``2003'' in heading, 
by adding cl. (vi) to subpars. (A) and (B), and by inserting ``or any 
portion of a fiscal year'' after ``fiscal year'' in introductory 
provisions of subpar. (C), without specifying that title 49 of the 
United States Code was to be amended, was executed by making the 
amendments to this section, to reflect the probable intent of Congress.
    Subsec. (d)(2). Pub. L. 108-88, Sec. 8(g)(1), inserted ``and for the 
period of october 1, 2003, through february 29, 2004'' after ``2003'' in 
heading.
    Subsec. (d)(2)(A)(vi). Pub. L. 108-88, Sec. 8(g)(2)-(4), added cl. 
(vi).
    Subsec. (d)(2)(B)(vi). Pub. L. 108-88, Sec. 8(g)(2), (3), (5), added 
cl. (vi).
    Subsec. (d)(2)(C). Pub. L. 108-88, Sec. 8(g)(6), inserted ``(other 
than for the period of October 1, 2003, through February 29, 2004)'' 
after ``a fiscal year'' in introductory provisions.
    Subsec. (e)(2). Pub. L. 108-88, Sec. 8(i)(1), inserted ``and for the 
period of october 1, 2003, through february 29, 2004'' after ``2003'' in 
heading.
    Subsec. (e)(2)(A). Pub. L. 108-88, Sec. 8(i)(2), inserted ``and 
$2,020,833 for the period of October 1, 2003, through February 29, 
2004'' after ``2003''.
    Subsec. (e)(2)(B). Pub. L. 108-88, Sec. 8(i)(3), inserted ``and 
$505,833 for the period of October 1, 2003, through February 29, 2004'' 
after ``2003''.
    Subsec. (e)(2)(C)(i), (iii). Pub. L. 108-88, Sec. 8(i)(4), inserted 
``(other than for the period of October 1, 2003, through February 29, 
2004)'' after ``fiscal year''.
    Subsec. (f)(2). Pub. L. 108-88, Sec. 8(k)(1), inserted ``and for the 
period of october 1, 2003, through february 29, 2004'' after ``2003'' in 
heading.
    Subsec. (f)(2)(A)(vi). Pub. L. 108-88, Sec. 8(k)(2)-(4), added cl. 
(vi).
    Subsec. (f)(2)(B)(vi). Pub. L. 108-88, Sec. 8(k)(2), (3), (5), added 
cl. (vi).
    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, and 
amended by Pub. L. 108-88, Sec. 8(j)(3), Sept. 30, 2003, 117 Stat. 1124, 
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 and in the period October 31, 2003, through February 
29, 2004, 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. 108-7, div. I, title III, Sec. 309, Feb. 20, 2003, 117 Stat. 
407, 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. 107-87, title III, Sec. 309, Dec. 18, 2001, 115 Stat. 855.
    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.

                  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.






























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