§ 5338. Authorizations

(a) Fiscal Year 2005.—

(1) Formula grants.—

(A) Trust fund.— For fiscal year 2005, $3,499,927,776 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5307, 5308, 5310, and 5311 and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note ).

(B) General fund.— In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $499,989,824 for fiscal year 2005 to carry out sections 5307, 5308, 5310, and 5311 and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note ).

(i) $4,811,150 shall be available to the Alaska Railroad for improvements to its passenger operations under section 5307;

(ii) $5,208,000 shall be available to provide over-the-road bus accessibility grants under section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note ) to operators of intercity, fixed-route over-the-road buses;

(iii) $1,686,400 shall be available to provide over-the-road bus accessibility grants under section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note ) to operators of over-the-road buses providing other than intercity, fixed-route service;

(iv) $94,526,689 shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310;

(v) $250,889,588 shall be available to provide financial assistance for other than urbanized areas under section 5311;

(vi) $3,593,195,773 shall be available to provide financial assistance for urbanized areas under section 5307; and

(vii) $49,600,000 shall be available to carry out the clean fuels program under section 5308.

(2) Job access and reverse commute.—

(A) Trust fund.— For fiscal year 2005, $108,500,000 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 3037 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note ).

(B) General fund.— In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $15,500,000 for fiscal year 2005 to carry out section 3037 of the Transportation Equity Act of the 21st Century (49 U.S.C. 5309 note ).

(3) Capital program grants.—

(A) Trust fund.— For fiscal year 2005, $2,898,100,224 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5309.

(B) General fund.— In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $414,014,176 for fiscal year 2005 to carry out sections 5308, 5309, and 5318 and section 3015(b) of the Transportation Equity Act for the 21st Century (112 Stat. 361).

(i) $49,600,000 shall be available to carry out the clean fuels program under section 5308;

(ii) $669,600,000 shall be available for capital projects to replace, rehabilitate, and purchase bus and related equipment and to construct bus-related facilities under section 5309;

(iii) $1,204,684,800 shall be available for fixed guideway modernization under section 5309;

(iv) $1,437,829,600 shall be available for capital projects for new fixed guideway systems and extensions to existing fixed guideway systems under section 5309;

(v) $10,213,632 shall be available for capital projects in Alaska and Hawaii under section 5309;

(vi) $2,976,000 shall be available to carry out bus testing under section 5318; and

(vii) $4,811,200 shall be available to carry out the fuel cell bus and bus facilities program under section 3015(b) of the Transportation Equity Act for the 21st Century (112 Stat. 361).

(4) Planning.—

(A) Trust fund.— For fiscal year 2005, $63,364,000 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5303, 5304, 5305, and 5313 (b), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005.

(B) General fund.— In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $9,052,000 for fiscal year 2005 to carry out sections 5303, 5304, 5305, and 5313 (b), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005.

(i) 82.72 percent shall be allocated for metropolitan planning under section 5305; and

(ii) 17.28 percent shall be allocated for State planning under section 5305.

(5) Research.—

(A) Trust fund.— For fiscal year 2005, $47,740,000 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.

(B) General fund.— In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $6,820,000 for fiscal year 2005 to carry out sections 5311 (b)(2), 5312, 5313 (a), 5314, 5315, and 5322.

(i) not less than $3,968,000 shall be available to carry out programs under the National Transit Institute under section 5315, of which not more than $992,000 shall be available to carry out section 5315 (a)(16);

(ii) not less than $5,208,000 shall be available to provide rural transportation assistance under section 5311 (b)(2);

(iii) not less than $8,184,000 shall be available to carry out transit cooperative research programs under section 5313 (a);

(iv) not less than $2,976,000 shall be available to carry out Project Action under section 5312; and

(v) the remainder shall be available to carry out national research and technology programs under sections 5312, 5314, and 5322.

(6) University transportation research.—

(A) Trust fund.— For fiscal year 2005, $5,208,000 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5505.

(B) General fund.— In addition to amounts made available under subparagraph (A), there is authorized to be appropriated $744,000 for fiscal year 2005 to carry out section 5505.

(i) $1,984,000 shall be available for grants under section 5505 (d) to the center identified in section 5505 (j)(4)(A), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005; and

(ii) $1,984,000 shall be available for grants under section 5505 (d) to the center identified in section 5505 (j)(4)(F), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005.

(D) Special rule.— Nothing in this paragraph shall be construed to limit the transportation research conducted by the centers receiving financial assistance under this section.

(7) Administration.—

(A) Trust fund.— For fiscal year 2005, $67,704,000 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5334.

(B) General fund.— In addition to amounts made available under subparagraph (A), there is authorized to be appropriated $9,672,000 for fiscal year 2005 to carry out section 5334.

(8) Availability of amounts.— Amounts made available or appropriated under paragraphs (1) through (6) shall remain available until expended.

(b) Formula and Bus Grants.—

(1) In general.— There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of the Federal Transit Act of 1998 (112 Stat. 387 et seq.)— ^[1]

(A) $6,979,931,000 for fiscal year 2006;

(B) $7,262,775,000 for fiscal year 2007;

(D) $8,360,565,000 for fiscal year 2009.

(2) Allocation of funds.— Of the amounts made available under paragraph (1)—

(A) $95,000,000 for fiscal year 2006, $99,000,000 for fiscal year 2007, $107,000,000 for fiscal year 2008, and $113,500,000 for fiscal year 2009 shall be available to carry out section 5305;

(B) $3,466,681,000 for fiscal year 2006, $3,606,175,000 for fiscal year 2007, $3,910,843,000 for fiscal year 2008, and $4,160,365,000 for fiscal year 2009 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;

(C) $43,000,000 for fiscal year 2006, $45,000,000 for fiscal year 2007, $49,000,000 for fiscal year 2008, and $51,500,000 for fiscal year 2009 shall be available to carry out section 5308;

(D) $1,391,000,000 for fiscal year 2006, $1,448,000,000 for fiscal year 2007, $1,570,000,000 for fiscal year 2008, and $1,666,500,000 for fiscal year 2009 shall be allocated in accordance with section 5337 to provide financial assistance under section 5309 (m)(2)(B);

(E) $822,250,000 for fiscal year 2006, $855,500,000 for fiscal year 2007, $927,750,000 for fiscal year 2008, and $984,000,000 for fiscal year 2009 shall be available to carry out section 5309 (m)(2)(C);

(F) $112,000,000 for fiscal year 2006, $117,000,000 for fiscal year 2007, $127,000,000 for fiscal year 2008, and $133,500,000 for fiscal year 2009 shall be available to provide financial assistance for services for elderly persons and persons with disabilities under section 5310;

(G) $388,000,000 for fiscal year 2006, $404,000,000 for fiscal year 2007, $438,000,000 for fiscal year 2008, and $465,000,000 for fiscal year 2009 shall be available to provide financial assistance for other than urbanized areas under section 5311;

(H) $138,000,000 for fiscal year 2006, $144,000,000 for fiscal year 2007, $156,000,000 for fiscal year 2008, and $164,500,000 for fiscal year 2009 shall be available to carry out section 5316;

(I) $78,000,000 for fiscal year 2006, $81,000,000 for fiscal year 2007, $87,500,000 for fiscal year 2008, and $92,500,000 for fiscal year 2009 shall be available to carry out section 5317;

(J) $22,000,000 for fiscal year 2006, $23,000,000 for fiscal year 2007, $25,000,000 for fiscal year 2008, and $26,900,000 for fiscal year 2009 shall be available to carry out section 5320;

(K) $3,500,000 in fiscal year 2006; $3,500,000 in fiscal year 2007; $3,500,000 in fiscal year 2008; and $3,500,000 in fiscal year 2009 shall be available to carry out section 5335;

(L) $25,000,000 in fiscal year 2006; $25,000,000 in fiscal year 2007; $25,000,000 in fiscal year 2008; and $25,000,000 in fiscal year 2009 shall be available to carry out section 5339;

(M) $388,000,000 for fiscal year 2006, $404,000,000 for fiscal year 2007, $438,000,000 for fiscal year 2008, and $465,000,000 for fiscal year 2009 shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and other than urbanized areas under section 5311; and

(N) $7,500,000 for fiscal year 2006, $7,600,000 for fiscal year 2007, $8,300,000 for fiscal year 2008, and $8,800,000 for fiscal year 2009 shall be available to carry out section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note ).

(1) $1,503,000,000 for fiscal year 2006;

(2) $1,566,000,000 for fiscal year 2007;

(3) $1,700,000,000 for fiscal year 2008; and

(4) $1,809,250,000 for fiscal year 2009.

(d) Research and University Research Centers.—

(1) In general.— There is authorized to be appropriated to carry out transit cooperative research programs under section 5313, the National Transit Institute under section 5315, university research centers under section 5506, and national research programs under sections 5312, 5313, 5314, and 5322 $58,000,000 for fiscal year 2006, $61,000,000 for fiscal year 2007, $65,500,000 for fiscal year 2008, and $69,750,000 for fiscal year 2009, of which—

(A) $9,000,000 for fiscal year 2006, $9,300,000 for fiscal year 2007, $9,600,000 for fiscal year 2008, and $10,000,000 for fiscal year 2009 shall be allocated to carry out transit cooperative research programs under section 5313;

(B) $4,300,000 shall be allocated for each fiscal year to carry out programs under the National Transit Institute under section 5315, of which not more than $1,000,000 for each fiscal year shall be used to carry out section 5315 (b)(2)(P);

(D) $3,000,000 shall be allocated for each fiscal year to carry out Project Action under section 5314 (a)(2);

(E) $1,000,000 shall be allocated for each fiscal year to carry out the National Technical Assistance Center under section 5314 (c); and

(F) any funds made available under this paragraph that are not allocated under subparagraphs (A) through (E) shall be allocated to carry out national research programs under sections 5312, 5313, 5314, and 5322.

(2) University centers program.—

(A) Allocation.— Of the amounts allocated under paragraph (1)(C), the following amounts shall be available to provide transportation research, training, and curriculum development:

(i) $2,000,000 for each of fiscal years 2006 through 2009 for the University of Tennessee—Knoxville National Transportation Research Center.

(ii) $1,500,000 for each of fiscal years 2006 through 2009 for Texas A&M University—Texas Transportation Institute.

(iii) $1,000,000 for each of fiscal years 2006 through 2009 for Morgan State University.

(iv) $400,000 for each of fiscal years 2006 and 2007 for the Small Urban and Rural Transit Center at North Dakota State University.

(v) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 and 2009 for the University Transportation Center at the University of Alabama.

(vi) $450,000 for each of fiscal years 2006 and 2007 and $550,000 for each of fiscal years 2008 and 2009 for the Injury Control Research Center at the University of Alabama Birmingham.

(vii) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 and 2009 for the Jackson State University Intermodal Transportation Institute at the Jackson State University.

(viii) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 and 2009 for the University Transportation Center at the University of Denver/Mississippi State University.

(B) Requirements.— The universities specified in subparagraph (A) shall be considered to be university transportation centers under section 5506 and shall be subject to the requirements of subsections (b), (h), (i), (k), (l), and (m) of such section.

(e) Administration.— There is authorized to be appropriated to carry out section 5334—

(1) $82,000,000 for fiscal year 2006;

(2) $85,000,000 for fiscal year 2007;

(3) $92,500,000 for fiscal year 2008; and

(4) $98,500,000 for fiscal year 2009.

(f) 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 Federal 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 Federal share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.

(g) Availability of Amounts.— Amounts made available by or appropriated under subsections (b), (c), and (d) shall remain available until expended.

[1] So in original. Probably should be “(112 Stat. 392)—”.

U.S. Code

§ 5338. Authorizations