49 USC 5338: Authorizations
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49 USC 5338: Authorizations Text contains those laws in effect on January 4, 1995
From Title 49-TRANSPORTATIONSUBTITLE III-GENERAL AND INTERMODAL PROGRAMSCHAPTER 53-MASS TRANSPORTATION

§5338. Authorizations

(a) For Sections 5303–5306, 5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and (c) and Section 103(e)(4) of Title 23.-(1) Not more than the following amounts are available from the Mass Transit Account of the Highway Trust Fund for the Secretary of Transportation to carry out sections 5303–5306, 5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and (c) of this title:

(A) $1,150,000,000 for the fiscal year ending September 30, 1993.

(B) $1,190,000,000 for the fiscal year ending September 30, 1994.

(C) $1,150,000,000 for the fiscal year ending September 30, 1995.

(D) $1,110,000,000 for the fiscal year ending September 30, 1996.

(E) $1,920,000,000 for the fiscal year ending September 30, 1997.


(2) In addition to amounts made available under paragraph (1) of this subsection, not more than the following amounts may be appropriated to the Secretary to carry out sections 5303–5306, 5308, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and (c) of this title and substitute transit projects under section 103(e)(4) of title 23:

(A) $2,055,000,000 for the fiscal year ending September 30, 1993.

(B) $1,885,000,000 for the fiscal year ending September 30, 1994.

(C) $1,925,000,000 for the fiscal year ending September 30, 1995.

(D) $1,965,000,000 for the fiscal year ending September 30, 1996.

(E) $2,430,000,000 for the fiscal year ending September 30, 1997.


(b) Section 5309.-(1) Not more than the following amounts are available from the Account for the Secretary to carry out section 5309 of this title:

(A) $1,725,000,000 for the fiscal year ending September 30, 1993.

(B) $1,785,000,000 for the fiscal year ending September 30, 1994.

(C) $1,725,000,000 for the fiscal year ending September 30, 1995.

(D) $1,665,000,000 for the fiscal year ending September 30, 1996.

(E) $2,880,000,000 for the fiscal year ending September 30, 1997.


(2) In addition to amounts made available under paragraph (1) of this subsection, not more than the following amounts may be appropriated to the Secretary to carry out section 5309 of this title:

(A) $305,000,000 for the fiscal year ending September 30, 1993.

(B) $265,000,000 for the fiscal year ending September 30, 1994.

(C) $325,000,000 for the fiscal year ending September 30, 1995.

(D) $385,000,000 for the fiscal year ending September 30, 1996.

(E) $20,000,000 for the fiscal year ending September 30, 1997.


(c) Section 5315.-The Secretary shall make available in equal amounts from amounts provided under subsections (f) and (g) of this section not more than $3,000,000 for each of the fiscal years ending September 30, 1993–1997, to carry out section 5315 of this title.

(d) Section 5316.-Not more than the following amounts may be appropriated to the Secretary from the Fund (except the Account) for each of the fiscal years ending September 30, 1993–1997:

(1) $250,000 to carry out section 5316(a) of this title.

(2) $3,000,000 to carry out section 5316(b) of this title.

(3) $1,000,000 to carry out section 5316(c) of this title.

(4) $1,000,000 to carry out section 5316(d) of this title.

(5) $1,000,000 to carry out section 5316(e) of this title.


(e) Section 5317.-(1) Not more than $6,000,000 is available from the Fund (except the Account) for the Secretary for each of the fiscal years ending September 30, 1993–1997, to carry out section 5317 of this title.

(2) Not more than the following amounts may be appropriated to the Secretary from the Fund (except the Account) for making grants under section 5317(b)(5)(B) of this title:

(A) $3,000,000 for the fiscal year ending September 30, 1993.

(B) $2,500,000 for the fiscal year ending September 30, 1994.


(f) Section 5307.-Amounts remaining available each fiscal year under subsection (a)(1) of this section, after allocation under subsections (g)–(i) and (j)(4) of this section, are available under section 5307 of this title.

(g) Planning, Programming, and Research.-Before apportioning in each fiscal year amounts made available or appropriated under subsection (a) of this section, an amount equal to 3 percent of amounts made available or appropriated under subsections (a) and (b) of this section is available as follows:

(1) 45 percent for metropolitan planning activities under section 5303(g) of this title.

(2) 5 percent to carry out section 5308(b)(2) of this title.

(3) 20 percent to carry out State programs under section 5313 of this title.

(4) 30 percent to carry out the national program under section 5314 of this title.


(h) Other Set-Asides.-Before apportioning in each fiscal year amounts made available or appropriated under subsection (a) of this section, of amounts made available or appropriated under subsections (a) and (b) of this section-

(1) not more than .96 percent is available for administrative expenses to carry out section 5334(a) and (c)–(f) of this title;

(2) not more than 1.34 percent is available for transportation services to elderly individuals and individuals with disabilities under the formula under section 5310(a) of this title; and

(3) $7,000,000 is available for section 5317 for each of the fiscal years ending September 30, 1993–1997.


(i) Completing Interstate Transfer Transit Projects.-Of the amounts remaining available each year under subsections (a) and (b) of this section, after allocation under subsections (g) and (h) of this section, not more than $164,843,000 for the fiscal year ending September 30, 1993, is available for substitute transit projects under section 103(e)(4) of title 23.

(j) Limitations.-Of the amounts available-

(1) under subsection (a)(2) of this section, 3.5 percent is available to finance programs and activities, including administrative costs, under section 5310 of this title;

(2) 1.5 percent of the amounts available to finance research, development, and demonstration projects under section 5312(a) of this title is available to increase the information and technology available to provide improved mass transportation service and facilities planned and designed to meet the special needs of elderly individuals and individuals with disabilities;

(3) not more than 12.5 percent is available for grants to any one State under section 5312(c)(2) of this title;

(4) 5.5 percent of the amount remaining available each year under subsection (a)(1) of this section, after allocation under subsections (g)–(i) of this section, is available under the formula under section 5311 of this title; and

(5) under section 5309(m)(1)(C) of this title-

(A) $2,000,000 is available for the fiscal year ending September 30, 1993;

(B) the lesser of $2,000,000 or an amount the Secretary determines is necessary for each fiscal year is available for each of the fiscal years ending September 30, 1994–1996; and

(C) the lesser of $3,000,000 or an amount the Secretary determines is necessary is available for the fiscal year ending September 30, 1997.


(k) Grants as Contractual Obligations.-(1) A grant or contract approved by the Secretary, that is financed with amounts made available under subsection (a)(1), (b)(1), (c), or (e) of this section, is a contractual obligation of the United States Government to pay the Government's share of the cost of the project.

(2) A grant or contract, approved by the Secretary, that is financed with amounts made available under subsection (a)(2) or (b)(2) of this section, is a contractual obligation of the Government to pay the Government's share of the cost of the project only to the extent amounts are provided in advance in an appropriations law.

(l) Early Appropriations and Availability of Amounts.-(1) Amounts appropriated under subsection (a)(2) of this section to carry out section 5311 of this title may be appropriated in the fiscal year before the fiscal year in which the appropriation is available for obligation.

(2) Amounts made available or appropriated under subsections (a), (b), (g), (h)(1) and (2), and (j)(4) of this section remain available until expended.

(3) An amount apportioned under section 5308 of this title-

(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 added to the amount available for apportionment for the next fiscal year not later than 30 days after the end of the 3-year period.

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 845 .)

Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
5338(a) 49 App.:1617(a) (less availability). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §21; added Jan. 6, 1983, Pub. L. 97–424, §302(a), 96 Stat. 2140 ; Apr. 2, 1987, Pub. L. 100–17, §328, 101 Stat. 238 ; restated Dec. 18, 1991, Pub. L. 102–240, §3025, 105 Stat. 2112 ; Oct. 6, 1992, Pub. L. 102–388, §502(m)–(q), 106 Stat. 1567 .
5338(b) 49 App.:1617(b) (less availability).
5338(c) 49 App.:1625(d) (1st sentence). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §29(d); added Dec. 18, 1991, Pub. L. 102–240, §6022, 105 Stat. 2185 .
5338(d) 49 App.:1607c(c)(6). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §11(c)(6); added Dec. 18, 1991, Pub. L. 102–240, §6024, 105 Stat. 2189 ; Sept. 23, 1992, Pub. L. 102–368, §801, 106 Stat. 1131 .
5338(e)(1) 49 App.:1607c(b) (8)(B)(iii), (13) (1st sentence). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §11(b)(8)(B)(iii), (10)(C), (13); added Dec. 18, 1991, Pub. L. 102–240, §6023, 105 Stat. 2186 , 2187, 2188.
5338(e)(2) 49 App.:1607c(b) (1)(C).
5338(f) 49 App.:1617(g).
5338(g)–(i) 49 App.:1617(c) (less availability), (d) (less availability), (e).
5338(j)(1) 49 App.:1612(b) (last sentence). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §16(b) (last sentence); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 968 ; Aug. 13, 1973, Pub. L. 93–87, §301(g), 87 Stat. 296 ; restated Nov. 6, 1978, Pub. L. 95–599, §311(a), 92 Stat. 2748 ; Jan. 6, 1983, Pub. L. 97–424, §317(a), 96 Stat. 2153 .
5338(j)(2) 49 App.:1612(d). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §16(d); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 968 ; Dec. 18, 1991, Pub. L. 102–240, §3021(5), 105 Stat. 2110 .
5338(j)(3) 49 App.:1603(c) (last sentence). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §4(c) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2739 ; Dec. 18, 1991, Pub. L. 102–240, §3006(h)(1), 105 Stat. 2090 .
5338(j)(4) 49 App.:1617(f) (less availability).
5338(j)(5) 49 App.:1602(m) (1st sentence). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §3(m) (1st sentence); added Dec. 18, 1991, Pub. L. 102–240, §3009, 105 Stat. 2093 .
5338(k) 49 App.:1607c(b) (13) (last sentence).
  49 App.:1617(b)(4).
  49 App.:1625(d) (last sentence).
5338(l)(1) 49 App.:1614(a) (last sentence). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §18(a) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749 .
5338(l)(2) 49 App.:1617(a)–(d), (f) (as (a)–(d), (f) relate to availability).
5338(l)(3) 49 App.:1607a–2(c). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §9B(c); added Apr. 2, 1987, Pub. L. 100–17, §313, 101 Stat. 229 .

In this section, references to fiscal year 1992 are omitted as obsolete.

In subsections (a)(1) and (b)(1), before each clause (A), the word "only" is omitted as surplus.

In subsection (a)(1), before clause (A), the words "for the Secretary of Transportation" are added or clarity and consistency.

In subsections (a)(2) and (b)(2), before each clause (A), and (d), before clause (1), the words "to the Secretary" are added for clarity and consistency.

In subsections (b)(1), before clause (A), and (e)(1), the words "for the Secretary" are added for clarity and consistency.

In subsection (d), the text of 49 App.:1607c(c)(6) (last sentence) is omitted as obsolete.

In subsection (e)(1), the word "section" in the source provision is translated as if it were "subsection" to reflect the apparent intent of Congress.

In subsection (h)(3), the words "relating to university transportation centers" are omitted as surplus.

In subsection (j)(2), the words "set aside and" and "exclusively" are omitted as surplus. The word "mass" is added for consistency in this chapter.

In subsection (k)(1), the words "Notwithstanding any other provision of law" in 49 App.:1607c(b)(13) (last sentence) and 1625(d) (last sentence) are omitted as surplus. The words "financed with" are added for clarity.

In subsection (k)(2), the words "that is financed with" are added for clarity.

In subsection (l)(3)(A), the words "for obligation by the recipient", "a period of", and "the close of" are omitted as surplus.

Programs of Federal Transit Administration; Limitation on Obligations

Pub. L. 103–331, title III, §313, Sept. 30, 1994, 108 Stat. 2490 , provided that: "The limitation on obligations for the programs of the Federal Transit Administration shall not apply to any authority under section 21 of the Federal Transit Act [section 1617 of former Title 49, Transportation, see section 5338 of this title], previously made available for obligation, or to any other authority previously made available for obligation under the discretionary grants program." Similar provisions were contained in the following prior appropriation acts:

Pub. L. 103–122, title III, §313, Oct. 27, 1993, 107 Stat. 1221 .

Pub. L. 102–388, title III, §313, Oct. 6, 1992, 106 Stat. 1546 .

Pub. L. 102–143, title III, §313, Oct. 28, 1991, 105 Stat. 941 , as amended by Pub. L. 102–240, title III, §§3003(b), 3004(b), Dec. 18, 1991, 105 Stat. 2088 .

Pub. L. 101–516, title III, §313, Nov. 5, 1990, 104 Stat. 2181 .

Pub. L. 101–164, title III, §314, Nov. 21, 1989, 103 Stat. 1094 .

Pub. L. 100–457, title III, §314, Sept. 30, 1988, 102 Stat. 2148 .

Pub. L. 100–202, §101(l) [title III, §314], Dec. 22, 1987, 101 Stat. 1329–358 , 1329-379.

Pub. L. 99–500, §101(l) [H.R. 5205, title III, §317], Oct. 18, 1986, 100 Stat. 1783–308 , and Pub. L. 99–591, §101(l) [H.R. 5205, title III, §317], Oct. 30, 1986, 100 Stat. 3341–308 .

Pub. L. 99–190, §101(e) [title III, §322], Dec. 19, 1985, 99 Stat. 1267 , 1287.

Section Referred to in Other Sections

This section is referred to in sections 5303, 5308, 5309, 5310, 5311, 5313, 5314, 5316, 5317, 5318, 5321, 5333, 5336 of this title; title 26 section 9503.