§ 5338. Authorizations
18,348 words·~83 min read·
/usc/title-49/section-5338A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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, 5312, 5314, 5318, 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112–141), and section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114–94)—
(A)$13,355,000,000 for fiscal year 2022;
(B)$13,634,000,000 for fiscal year 2023;
(C)$13,990,000,000 for fiscal year 2024;
(D)$14,279,000,000 for fiscal year 2025; and
(E)$14,642,000,000 for fiscal year 2026.
(2)Allocation of funds.— Of the amounts made available under paragraph (1)—
(A)$184,647,343 for fiscal year 2022, $188,504,820 for fiscal year 2023, $193,426,906 for fiscal year 2024, $197,422,644 for fiscal year 2025, and $202,441,512 for fiscal year 2026 shall be available to carry out section 5305;
(B)$13,157,184 for fiscal year 2022, $13,432,051 for fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497 for fiscal year 2025, and $14,425,121 for fiscal year 2026 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112–141);
(C)$6,408,288,249 for fiscal year 2022, $6,542,164,133 for fiscal year 2023, $6,712,987,840 for fiscal year 2024, $6,851,662,142 for fiscal year 2025, and $7,025,844,743 for fiscal year 2026 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;
(D)$371,247,094 for fiscal year 2022, $379,002,836 for fiscal year 2023, $388,899,052 for fiscal year 2024, $396,932,778 for fiscal year 2025, and $407,023,583 for fiscal year 2026 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310;
(E)$4,605,014 for fiscal year 2022, $4,701,218 for fiscal year 2023, $4,823,972 for fiscal year 2024, $4,923,624 for fiscal year 2025, and $5,048,792 for fiscal year 2026 shall be available for the pilot program for innovative coordinated access and mobility under section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114–94);
(F)$875,289,555 for fiscal year 2022, $893,575,275 for fiscal year 2023, $916,907,591 for fiscal year 2024, $935,848,712 for fiscal year 2025, and $959,639,810 for fiscal year 2026 shall be available to provide financial assistance for rural areas under section 5311;
(G)$36,840,115 for fiscal year 2022, $37,609,743 for fiscal year 2023, $38,591,779 for fiscal year 2024, $39,388,993 for fiscal year 2025, and $40,390,337 for fiscal year 2026 shall be available to carry out section 5312, of which—
(i)$5,000,000 for fiscal year 2022, $5,104,455 for fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall be available to carry out section 5312(h); and
(ii)$6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available to carry out section 5312(i);
(H)$11,841,465 for fiscal year 2022, $12,088,846 for fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 shall be available to carry out section 5314, of which $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available for the national transit institute under section 5314(c);
(I)$5,000,000 for fiscal year 2022, $5,104,455 for fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall be available for bus testing under section 5318;
(J)$131,000,000 for fiscal year 2022, $134,930,000 for fiscal year 2023, $138,977,900 for fiscal year 2024, $143,147,237 for fiscal year 2025, and $147,441,654 for fiscal year 2026 shall be available to carry out section 5334;
(K)$5,262,874 for fiscal year 2022, $5,372,820 for fiscal year 2023, $5,513,111 for fiscal year 2024, $5,626,999 for fiscal year 2025, and $5,770,048 for fiscal year 2026 shall be available to carry out section 5335;
(L)$3,515,528,226 for fiscal year 2022, $3,587,778,037 for fiscal year 2023, $3,680,934,484 for fiscal year 2024, $3,755,675,417 for fiscal year 2025, and $3,850,496,668 for fiscal year 2026 shall be available to carry out section 5337, of which $300,000,000 for each of fiscal years 2022 through 2026 shall be available to carry out section 5337(f);
(M)$603,992,657 for fiscal year 2022, $616,610,699 for fiscal year 2023, $632,711,140 for fiscal year 2024, $645,781,441 for fiscal year 2025, and $662,198,464 for fiscal year 2026 shall be available for the bus and buses facilities program under section 5339(a);
(N)$447,257,433 for fiscal year 2022, $456,601,111 for fiscal year 2023, $468,523,511 for fiscal year 2024, $478,202,088 for fiscal year 2025, and $490,358,916 for fiscal year 2026 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or low emission grants under section 5339(c), of which $71,561,189 for fiscal year 2022, $73,056,178 for fiscal year 2023, $74,963,762 for fiscal year 2024, $76,512,334 for fiscal year 2025, and $78,457,427 for fiscal year 2026 shall be available to carry out section 5339(c); and
(O)$741,042,792 for fiscal year 2022, $756,523,956 for fiscal year 2023, $776,277,698 for fiscal year 2024, $792,313,742 for fiscal year 2025, and $812,455,901 for fiscal year 2026, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—
(i)$392,752,680 for fiscal year 2022, $400,957,696 for fiscal year 2023, $411,427,180 for fiscal year 2024, $419,926,283 for fiscal year 2025, and $430,601,628 for fiscal year 2026 shall be for growing States under section 5340(c); and
(ii)$348,290,112 for fiscal year 2022, $355,566,259 for fiscal year 2023, $364,850,518 for fiscal year 2024, $372,387,459 for fiscal year 2025, and $381,854,274 for fiscal year 2026 shall be for high density States under section 5340(d).
(b)Capital Investment Grants.— There are authorized to be appropriated to carry out section 5309 of this title and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94), $3,000,000,000 for each of fiscal years 2022 through 2026.
(c)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 Stat. 4968).1
(E)0.5 percent of amounts made available to carry out section 5310.
(F)0.5 percent of amounts made available to carry out section 5311.
(G)1 percent of amounts made available to carry out section 5337, of which not less than 0.25 percent of amounts made available for this subparagraph shall be available to carry out section 5329.
(H)0.75 percent of amounts made available to carry out section 5339.
(2)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.
(D)Activities to carry out section 5334.
(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.
(d)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.
(e)Availability of Amounts.— Amounts made available by or appropriated under this section shall remain available until expended.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 845; Pub. L. 104–287, § 5(20), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 102–240, § 3049(c), as added Pub. L. 105–130, § 8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, § 3029(a), (c), June 9, 1998, 112 Stat. 368; Pub. L. 105–206, title IX, § 9009(q), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, § 8(c), (e)–(g), (i), (k), Sept. 30, 2003, 117 Stat. 1121–1124; Pub. L. 108–202, § 9(c), (e)–(g), (i), (k), Feb. 29, 2004, 118 Stat. 485–487;
Pub. L. 108–224, § 7(c), (e)–(g), (i), (k), Apr. 30, 2004, 118 Stat. 633–636; Pub. L. 108–263, § 7(c), (e)–(g), (i), (k), June 30, 2004, 118 Stat. 704–707; Pub. L. 108–280, § 7(c), (e)–(g), (i), (k), July 30, 2004, 118 Stat. 882–884; Pub. L. 108–310, § 8(c), (e)–(g), (i), (k), Sept. 30, 2004, 118 Stat. 1154–1157; Pub. L. 109–14, § 7(b), (d)–(f), (h), (j), May 31, 2005, 119 Stat. 331–333; Pub. L. 109–20, § 7(b), (d)–(f), (h), (j), July 1, 2005, 119 Stat. 353–355; Pub. L. 109–35, § 7(b), (d)–(f), (h), (j), July 20, 2005, 119 Stat. 386–388;
Pub. L. 109–37, § 7(b), (d)–(f), (h), (j), July 22, 2005, 119 Stat. 401–403; Pub. L. 109–40, § 7(b), (d)–(f), (h), (j), July 28, 2005, 119 Stat. 417–419; Pub. L. 109–42, § 5(a), July 30, 2005, 119 Stat. 436; Pub. L. 109–59, title III, § 3036, Aug. 10, 2005, 119 Stat. 1629; Pub. L. 110–244, title II, § 201(n), June 6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV, § 436, Mar. 18, 2010, 124 Stat. 90; Pub. L. 111–322, title II, § 2306, Dec. 22, 2010, 124 Stat. 3528; Pub. L. 112–5, title III, § 306, Mar. 4, 2011, 125 Stat. 19;
Pub. L. 112–30, title I, § 136, Sept. 16, 2011, 125 Stat. 352; Pub. L. 112–102, title III, § 306, Mar. 30, 2012, 126 Stat. 278; Pub. L. 112–140, title III, § 306, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, § 20028, div. G, title III, § 113006, July 6, 2012, 126 Stat. 726, 985; Pub. L. 113–159, title I, § 1203, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, § 1203, May 29, 2015, 129 Stat. 223; Pub. L. 114–41, title I, § 1203, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, § 1203, Oct. 29, 2015, 129 Stat. 573;
Pub. L. 114–87, title I, § 1203, Nov. 20, 2015, 129 Stat. 682; Pub. L. 114–94, div. A, title III, § 3016, Dec. 4, 2015, 129 Stat. 1479; Pub. L. 117–58, div. C, § 30017, Nov. 15, 2021, 135 Stat. 912.)
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.
Connections268 cite this · traces to 14
Cited by 268 sections · top 60
public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 115-141Consolidated Appropriations Act, 2018
- Public Law 117-328Consolidated Appropriations Act, 2023
- Public Law 114-94Fixing America’s Surface Transportation Act
- Public Law 114-113Consolidated Appropriations Act, 2016
- Public Law 116-94Further Consolidated Appropriations Act, 2020
- Public Law 113-235Consolidated and Further Continuing Appropriations Act, 2015
- Public Law 113-76Consolidated Appropriations Act, 2014
- Public Law 115-31Consolidated Appropriations Act, 2017
- Public Law 117-103Consolidated Appropriations Act, 2022
- Public Law 116-6Consolidated Appropriations Act, 2019
U.S. Code
- § 101Definitions and declaration of policy
- § 5338Authorizations
- § 5303Metropolitan transportation planning
- § 5311Formula grants for rural areas
- § 5314Technical assistance and workforce development
- § 5336Apportionment of appropriations for formula grants
- § 5337State of good repair grants
- § 5321Crime prevention and security
statutes-at-large
- Public Law 104–133To amend the Indian Self-Determination and Education Assistance Act to extend for two months the authority for promulgating regulations under the Act
- Public Law 105–64
- Public Law 109–20To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century
- Public Law 108–310To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century
- Public Law 108–224To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century
- Public Law 112–140To provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such programs
- Public LawMaking appropriations for the fiscal year ending September 30, 2017, and for other purposes
- Public Law 108–88To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century
- Public Law 110–244To amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes
- Public Law 109–59To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes
- Public Law 105–78Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 1998, and for other purposes
- Public Law 108–199Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2004, and for other purposes
- Public Law 112–102To provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such programs
- Public Law 109–40To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Public Law 114–113Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2016, and for other purposes
- Public Law 111–322Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2010, and for other purposes
- Public Law 116–6
- Public Law 107–87Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2002, and for other purposes
- Public Law 109–35To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century
- Public Law 109–115Making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies for the fiscal year ending September 30, 2006, and for other purposes
statute-compilations
- Sec. 153None of the funds made available by this Act may be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.).
- Sec. 4STATEMENT OF APPROPRIATIONS
- Sec. 416None of the funds made available by this Act may be used by the Department of Defense or the Department of Veterans Affairs to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011.
- Sec. 307AMENDMENTS TO SAFETEA-LU
- Sec. 412### (a) In general
register
- NoticesNotice of Funding Opportunity (NOFO)
- Proposed RulesNotice
- Rules and RegulationsProposed rule
- Presidential DocumentsFinal rule
- Rules and RegulationsNotice of public meeting and request for comment
- NoticesNotice; announcement of project selections
- NoticesNotice of funding opportunity (NOFO)
- NoticesResponses to the request for comments and in-person and virtual consultations
- Rules and RegulationsNotice
- NoticesNotice; summary of project selections
- Rules and RegulationsFinal rule
- NoticesNotice
- Rules and RegulationsFinal rule
- NoticesNotice; Announcement of Project Selections
- NoticesFinal rule
Traces to 14 documents
U.S. Code
- Metropolitan transportation planning§ 5303
- Formula grants for the enhanced mobility of seniors and individuals with disabilities§ 5310
- Fixed guideway capital investment grants§ 5309
- Positions at level II§ 5313
- Definitions and declaration of policy§ 101
- Planning programs§ 5305
- Authorizations§ 5338
- State of good repair grants§ 5337
public-private-law
- Fixing America’s Surface Transportation ActPublic Law 114-94
- Highway and Transportation Funding Act of 2014Public Law 113-159
- Highway and Transportation Funding Act of 2015Public Law 114-21
- Surface Transportation Extension Act of 2015Public Law 114-73
- Surface Transportation Extension Act of 2015, Part IIPublic Law 114-87
- Infrastructure Investment and Jobs ActPublic Law 117-58
563 references not yet in our index
- Public Law 112–141
- Public Law 110–432
- 126 Stat. 4968
- 1
- Pub. L. 103–272, § 1(d)
- 108 Stat. 845
- Pub. L. 104–287, § 5(20)
- 110 Stat. 3390
- Pub. L. 102–240, § 3049(c)
- Pub. L. 105–130, § 8
- 111 Stat. 2559
- Pub. L. 105–178, title III, § 3029(a)
- 112 Stat. 368
- Pub. L. 105–206, title IX, § 9009(q)
- 112 Stat. 858
- Pub. L. 108–88, § 8(c)
- 117 Stat. 1121–1124
- Pub. L. 108–202, § 9(c)
- 118 Stat. 485–487
- Pub. L. 108–224, § 7(c)
- 118 Stat. 633–636
- Pub. L. 108–263, § 7(c)
- 118 Stat. 704–707
- Pub. L. 108–280, § 7(c)
- 118 Stat. 882–884
- Pub. L. 108–310, § 8(c)
- 118 Stat. 1154–1157
- Pub. L. 109–14, § 7(b)
- 119 Stat. 331–333
- Pub. L. 109–20, § 7(b)
- 119 Stat. 353–355
- Pub. L. 109–35, § 7(b)
- 119 Stat. 386–388
- Pub. L. 109–37, § 7(b)
- 119 Stat. 401–403
- Pub. L. 109–40, § 7(b)
- 119 Stat. 417–419
- Pub. L. 109–42, § 5(a)
- 119 Stat. 436
- Pub. L. 109–59, title III, § 3036
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§ 5338
Authorizations
Bills×76
Fed. Reg.×74
Stat.×70
Stat. Comp.×19
U.S.C.×15
Pub. L.×14
Pub. L.Public Law 112–141
Pub. L.Public Law 110–432
Stat.126 Stat. 4968
Cites 577 · showing 12Cited by 268 across 6 sources