§ 5309. Fixed guideway capital investment grants

Historical and Revision Notes
Pub. L. 103–272
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
5309(a) (1)–(5)	49 App.:1602(a)(1)(A).	July 9, 1964, Pub. L. 88–365, § 3(a)(1)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2735; Jan. 6, 1983, Pub. L. 97–424, § 313, 96 Stat. 2152.
	49 App.:1602(a)(1)(B), (C), (D) (1st, 3d sentences).	July 9, 1964, Pub. L. 88–365, § 3(a)(1)(B)–(D), (2)(B), (3), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2735, 2736.
5309(a)(6)	49 App.:1602(a)(1)(E).	July 9, 1964, Pub. L. 88–365, § 3(a)(1)(E), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2736; restated Dec. 18, 1991, Pub. L. 102–240, § 3006(a), 105 Stat. 2089.
5309(a)(7)	49 App.:1602(a)(1)(F).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(a)(1)(F); added Dec. 18, 1991, Pub. L. 102–240, § 3006(b), 105 Stat. 2089.
5309(b)(1)	49 App.:1602(b) (1st sentence).	July 9, 1964, Pub. L. 88–365, § 3(b), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 963; Nov. 6, 1978, Pub. L. 95–599, § 302(b), 92 Stat. 2737.
5309(b)(2)	49 App.:1602(a)(2)(B).
5309(b)(3)	49 App.:1602(b) (8th, last sentences).
5309(b)(4), (5)	49 App.:1602(b) (2d–6th sentences).
5309(c)	49 App.:1602(a)(5).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(a)(5); added Jan. 6, 1983, Pub. L. 97–424, § 304(b), 96 Stat. 2149.
5309(d)	49 App.:1602(a)(2)(A).	July 9, 1964, Pub. L. 88–365, § 3(a)(2)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, § 304(a), 96 Stat. 2149; restated Apr. 2, 1987, Pub. L. 100–17, § 309(e), 101 Stat. 227.
	49 App.:1602(a)(3).
5309(e)(1)	49 App.:1602 (note).	Apr. 2, 1987, Pub. L. 100–17, § 303(b), 101 Stat. 223.
5309(e) (2)–(7)	49 App.:1602(i).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(i); added Apr. 2, 1987, Pub. L. 100–17, § 303(a), 101 Stat. 223; restated Dec. 18, 1991, Pub. L. 102–240, § 3010, 105 Stat. 2093.
5309(f)(1)	49 App.:1602(a)(1)(D) (last sentence).
5309(f)(2)	49 App.:1602(a)(1)(D) (2d sentence).
5309(g)	49 App.:1602(a)(4).	July 9, 1964, Pub. L. 88–365, § 3(a)(4), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§ 102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, § 302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, § 305, 96 Stat. 2150; Apr. 2, 1987, Pub. L. 100–17, § 302, 101 Stat. 223; Dec. 18, 1991, Pub. L. 102–240, § 3007, 105 Stat. 2090.
5309(h)	49 App.:1603(a).	July 9, 1964, Pub. L. 88–365, § 4(a), 78 Stat. 304; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, § 704(a), 82 Stat. 535; Oct. 15, 1970, Pub. L. 91–453, § 3(a), 84 Stat. 965; Aug. 13, 1973, Pub. L. 93–87, § 301(a), 87 Stat. 295; Nov. 26, 1974, Pub. L. 93–503, § 103(b), 88 Stat. 1571; Nov. 6, 1978, Pub. L. 95–599, § 303(b), 92 Stat. 2737; Jan. 6, 1983, Pub. L. 97–424, § 302(b), 96 Stat. 2141; Dec. 18, 1991, Pub. L. 102–240, § 3006(f), (g), 105 Stat. 2089.
5309(i)	49 App.:1602(c) (2d, last sentences).	July 9, 1964, Pub. L. 88–365, § 3(c), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, § 2(2), 84 Stat. 964.
5309(j)	49 App.:1602(b) (7th sentence).
5309(k)	49 App.:1602(c) (1st sentence).
5309(l)	49 App.:1603(d).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 4(d); added Dec. 18, 1991, Pub. L. 102–240, § 3006(h)(2), 105 Stat. 2090.
5309(m)(1)	49 App.:1602(k)(1).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(k)(1); added Apr. 2, 1987, Pub. L. 100–17, § 305, 101 Stat. 224; restated Dec. 18, 1991, Pub. L. 102–240, § 3006(d)(1), 105 Stat. 2089.
5309(m)(2)	49 App.:1602(k)(3).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(k)(3); added Dec. 18, 1991, Pub. L. 102–240, § 3006(d)(2), 105 Stat. 2089.
5309(m)(3)	49 App.:1602(j).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(j); added Apr. 2, 1987, Pub. L. 100–17, § 304, 101 Stat. 223.
5309(m)(4)	49 App.:1602(k)(2).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(k)(2); added Apr. 2, 1987, Pub. L. 100–17, § 305, 101 Stat. 224.
5309(n)	49 App.:1602(l).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(l); added Apr. 2, 1987, Pub. L. 100–17, § 306(a), 101 Stat. 224; Dec. 18, 1991, Pub. L. 102–240, § 3006(e), 105 Stat. 2089.
5309(o)	49 App.:1602(n).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(n); added Oct. 6, 1992, Pub. L. 102–388, § 502(d), 106 Stat. 1566.

Pub. L. 104–287, § 5(12)(A)

This amends 49:5309(a) to clarify the restatement of 49 App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 800).

Pub. L. 104–287, § 5(12)(B)

This amends 49:5309(e)(4)(B) to correct an erroneous cross-reference.

Pub. L. 104–287, § 5(12)(C)

This amends 49:5309(m)(1)(A) to make a conforming amendment.

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsecs. (d)(1)(A)(i)(II), (B), (2)(A), (e)(1)(A)(i)(II), (B), (2)(A), (h)(2)(A)(i)(II), (B), (6)(B), (i)(2), (k)(3)(A), and (r)(1)(I), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (g)(5)(A), (6), (8), (j), and (l)(7) is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

The date of enactment of this subsection, referred to in subsec. (r)(3), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.

Codification

Pub. L. 111–322, § 2303(4)–(7), which directed amendment of subpars. (B) to (E) of subsec. (m) of this section without specifying the paragraph to be amended, was executed to subpars. (B) to (E) of par. (7) of subsec. (m), to reflect the probable intent of Congress. See 2010 Amendment notes below.

Amendments

2021—Subsec. (a)(6), (7). Pub. L. 117–58, § 30005(a)(1), struck out par. (6), which defined “program of interrelated projects”, redesignated former par. (7) as (6), and in par. (6), substituted “$150,000,000” for “$100,000,000” in subpar. (A) and “$400,000,000” for “$300,000,000” in subpar. (B).

Subsec. (c)(1)(C). Pub. L. 117–58, § 30005(a)(2), added subpar. (C).

Subsec. (e)(2)(A)(iii)(II). Pub. L. 117–58, § 30005(a)(3), substituted “the next 10 years, without regard to any temporary measures employed by the applicant expected to increase short-term capacity within the next 10 years” for “the next 5 years”.

Subsec. (g)(3)(A). Pub. L. 117–58, § 30005(a)(4)(A), substituted “exceed 50 percent” for “exceed—

“(i) $100,000,000; or

“(ii) 50 percent”.

Subsec. (g)(7), (8). Pub. L. 117–58, § 30005(a)(4)(B), (C), added par. (7) and redesignated former par. (7) as (8).

Subsec. (i). Pub. L. 117–58, § 30005(a)(5), added pars. (1) to (4) and struck out former pars. (1) to (8), which related to programs of interrelated projects.

Subsec. (k)(2)(E). Pub. L. 117–58, § 30005(a)(6)(A), substituted “Information collection and analysis plan” for “Before and after study” in heading, struck out cl. (i), which set out study requirements, redesignated cl. (ii) as (i) and substituted “Submission of plan” for “Information collection and analysis plan” in cl. heading, redesignated subcl. (II) of cl. (i) as cl. (ii), redesignated items (aa) to (dd) as subcls. (I) to (IV), respectively, substituted “clause (i)” for “subclause (I)” in introductory provisions of cl. (ii), and realigned margins.

Subsec. (k)(5). Pub. L. 117–58, § 30005(a)(6)(B), substituted “Not later than 15” for “At least 30”.

Subsec. (o)(2). Pub. L. 117–58, § 30005(a)(7)(A), (B), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text read as follows: “Not later than the first Monday in August of each year, the Secretary shall submit to the committees described in paragraph (1) a report containing a summary of the results of any studies conducted under subsection (k)(2)(E).”

Subsec. (o)(2)(A). Pub. L. 117–58, § 30005(a)(7)(C)(i)(I)–(III), substituted “that” for “of” in introductory provisions, inserted “(i) assesses—”, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, and realigned margins.

Subsec. (o)(2)(A)(i)(I). Pub. L. 117–58, § 30005(a)(7)(C)(i)(IV)(aa), substituted “all new fixed guideway capital projects and core capacity improvement projects for grant agreements under this section and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94)” for “new fixed guideway capital projects and core capacity improvement projects”.

Subsec. (o)(2)(A)(ii). Pub. L. 117–58, § 30005(a)(7)(C)(i)(IV)(bb), (V), added cl. (ii).

Subsec. (o)(2)(B). Pub. L. 117–58, § 30005(a)(7)(C)(ii), substituted “the applicable year” for “each year”.

Subsec. (o)(3). Pub. L. 117–58, § 30005(a)(7)(B), redesignated par. (3) as (2).

Subsec. (r). Pub. L. 117–58, § 30005(a)(8), added subsec. (r).

2015—Subsec. (a)(3). Pub. L. 114–94, § 3005(a)(1)(A), struck out “and weekend days” after “substantial part of weekdays”.

Subsec. (a)(6)(A). Pub. L. 114–94, § 3005(a)(1)(B)(i), inserted “, small start projects,” after “new fixed guideway capital projects”.

Subsec. (a)(6)(B). Pub. L. 114–94, § 3005(a)(1)(B)(ii), added subpar. (B) and struck out former subpar. (B), which read as follows: “1 or more new fixed guideway capital projects and 1 or more core capacity improvement projects.”

Subsec. (a)(7)(A). Pub. L. 114–94, § 3005(a)(1)(C)(i), substituted “$100,000,000” for “$75,000,000”.

Subsec. (a)(7)(B). Pub. L. 114–94, § 3005(a)(1)(C)(ii), substituted “$300,000,000” for “$250,000,000”.

Subsec. (d)(1)(B). Pub. L. 114–94, § 3005(a)(2)(A), struck out “, policies and land use patterns that promote public transportation,” after “project justification”.

Subsec. (d)(2)(A)(iii) to (v). Pub. L. 114–94, § 3005(a)(2)(B), inserted “and” after semicolon in cl. (iii), redesignated cl. (v) as (iv), and struck out former cl. (iv), which read as follows: “is supported by policies and land use patterns that promote public transportation, including plans for future land use and rezoning, and economic development around public transportation stations; and”.

Subsec. (g)(2)(A)(i). Pub. L. 114–94, § 3005(a)(3), struck out “the policies and land use patterns that support public transportation,” after “subsection (d)(2)(A)(iii),”.

Subsec. (h)(6). Pub. L. 114–94, § 3005(a)(4), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

Subsec. (i)(1). Pub. L. 114–94, § 3005(a)(5)(A), substituted “subsection (d), (e), or (h)” for “subsection (d) or (e)”.

Subsec. (i)(2). Pub. L. 114–94, § 3005(a)(5)(B)(i), inserted “new fixed guideway capital project or core capacity improvement” after “federally funded” in introductory provisions.

Subsec. (i)(2)(D). Pub. L. 114–94, § 3005(a)(5)(B)(ii), added subpar. (D) and struck out former subpar. (D), which read as follows: “the program of interrelated projects, when evaluated as a whole, meets the requirements of subsection (d)(2) or (e)(2), as applicable;”.

Subsec. (i)(2)(F). Pub. L. 114–94, § 3005(a)(5)(B)(iii), inserted “or subsection (h)(5), as applicable” after “subsection (f)”.

Subsec. (i)(3)(A). Pub. L. 114–94, § 3005(a)(5)(C), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “A project receiving a grant under this section that is part of a program of interrelated projects may not advance from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements.”

Subsec. (l)(1). Pub. L. 114–94, § 3005(a)(6)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost. A grant for a fixed guideway project or small start project shall not exceed 80 percent of the net capital project cost. A grant for a core capacity project shall not exceed 80 percent of the net capital project cost of the incremental cost of increasing the capacity in the corridor.”

Subsec. (l)(4). Pub. L. 114–94, § 3005(a)(6)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: “The remainder of the net capital project cost shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”

Subsec. (n). Pub. L. 114–94, § 3005(a)(7), added subsec. (n) and struck out former subsec. (n), which related to availability of amounts for a new fixed guideway capital project.

Subsecs. (p), (q). Pub. L. 114–94, § 3005(a)(8), added subsecs. (p) and (q).

2012—Pub. L. 112–141, § 20008(a), amended section generally. Prior to amendment, section related to capital investment grants and consisted of subsecs. (a) to (m).

Subsec. (m)(2). Pub. L. 112–141, § 113003(1)(A), (B), substituted “Fiscal years 2006 through 2012” for “Fiscal years 2006 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012” in heading and “2012” for “2011 and the period beginning on October 1, 2011, and ending on June 30, 2012,” in introductory provisions.

Pub. L. 112–140, §§ 1(c), 303(1)(A), (B), temporarily substituted “ending on july 6, 2012” for “ending on june 30, 2012” in heading and “ending on July 6, 2012,” for “ending on June 30, 2012,” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(1)(A), (B), substituted “Fiscal years 2006 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012” for “Fiscal years 2006 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012” in heading and “2011 and the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and the period beginning on October 1, 2011, and ending on March 31, 2012,” in introductory provisions.

Subsec. (m)(2)(A)(i). Pub. L. 112–141, § 113003(1)(C), substituted “2012” for “2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”.

Pub. L. 112–140, §§ 1(c), 303(1)(C), temporarily substituted “2011 and $152,000,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(1)(C), substituted “2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (m)(6)(B). Pub. L. 112–141, § 113003(2)(A), substituted “2012” for “2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”.

Pub. L. 112–140, §§ 1(c), 303(2)(A), temporarily substituted “2011 and $11,400,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(2)(A), substituted “2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (m)(6)(C). Pub. L. 112–141, § 113003(2)(B), substituted “through 2012” for “though 2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”.

Pub. L. 112–140, §§ 1(c), 303(2)(B), temporarily substituted “through 2011 and $3,800,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “though 2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(2)(B), substituted “2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (m)(7)(A). Pub. L. 112–141, § 113003(3)(A)(i), in introductory provisions, substituted “2012” for “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” and inserted “each fiscal year” before colon at end.

Pub. L. 112–140, §§ 1(c), 303(3)(A)(i), temporarily substituted “2011 and $7,600,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” and “shall be set aside:” for “shall be set aside for:” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(3)(A)(i), substituted “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “2011 and $5,000,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” in introductory provisions.

Subsec. (m)(7)(A)(i), (ii). Pub. L. 112–141, § 113003(3)(A)(ii), (iii), struck out “for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “$2,500,000”.

Pub. L. 112–140, §§ 1(c), 303(3)(a)(ii), (iii), temporarily substituted “$1,900,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “$1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(3)(A)(ii), (iii), substituted “for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (m)(7)(A)(iii) to (vi). Pub. L. 112–141, § 113003(3)(A)(iv)–(vii), struck out “for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “$1,000,000”.

Pub. L. 112–140, §§ 1(c), 303(3)(A)(iv)–(vii), temporarily substituted “$760,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “$750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(3)(A)(iv)–(vii), substituted “for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (m)(7)(A)(vii). Pub. L. 112–141, § 113003(3)(A)(viii), struck out “for each fiscal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “$650,000”.

Pub. L. 112–140, §§ 1(c), 303(3)(A)(viii), temporarily substituted “$494,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “$487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(3)(A)(viii), substituted “for each fiscal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (m)(7)(A)(viii). Pub. L. 112–141, § 113003(3)(A)(ix), struck out “for each fiscal year and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “$350,000”.

Pub. L. 112–140, §§ 1(c), 303(3)(A)(ix), temporarily substituted “$266,000 for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “$262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(3)(A)(ix), substituted “for each fiscal year and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (m)(7)(B)(vii). Pub. L. 112–141, § 113003(3)(B), added cl. (vii) and struck out former cl. (vii) which read as follows: “$10,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.”

Pub. L. 112–140, §§ 1(c), 303(3)(B), temporarily added cl. (vii), which set aside $10,260,000 for the period beginning on October 1, 2011, and ending on July 6, 2012, and temporarily struck out former cl. (vii) which read as follows: “$10,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.” See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(3)(B), added cl. (vii) and struck out former cl. (vii) which read as follows: “$6,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.”

Subsec. (m)(7)(C). Pub. L. 112–141, § 113003(3)(C), struck out “and during the period beginning on October 1, 2011, and ending on June 30, 2012,” after “each fiscal year”.

Pub. L. 112–140, §§ 1(c), 303(3)(C), temporarily substituted “ending on July 6, 2012,” for “ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(3)(C), substituted “and during the period beginning on October 1, 2011, and ending on June 30, 2012,” for “and during the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (m)(7)(D). Pub. L. 112–141, § 113003(3)(D), struck out “and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “each fiscal year”.

Pub. L. 112–140, §§ 1(c), 303(3)(D), temporarily substituted “and not less than $26,600,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(3)(D), substituted “and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “and not less than $17,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

Subsec. (m)(7)(E). Pub. L. 112–141, § 113003(3)(E), struck out “and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” after “each fiscal year”.

Pub. L. 112–140, §§ 1(c), 303(3)(E), temporarily substituted “and $2,280,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012,” for “and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,”. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, § 303(3)(E), substituted “and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,” for “and $1,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,”.

2011—Subsec. (m)(2). Pub. L. 112–30, § 133(1)(A), (B), substituted “Fiscal years 2006 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012” for “Fiscal years 2006 through 2011” in heading and “2011 and the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011” in introductory provisions.

Pub. L. 112–5, § 303(1)(A), (B), substituted “Fiscal years 2006 through 2011” for “Fiscal years 2006 through 2010 and october 1, 2010, through march 4, 2011” in heading and “2011” for “2010, and during the period beginning October 1, 2010, and ending March 4, 2011,” in introductory provisions.

Subsec. (m)(2)(A)(i). Pub. L. 112–30, § 133(1)(C), substituted “2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.

Pub. L. 112–5, § 303(1)(C), substituted “2011” for “2010, and $84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.

Subsec. (m)(6)(B). Pub. L. 112–30, § 133(2)(A), substituted “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.

Pub. L. 112–5, § 303(2)(A), substituted “2011” for “2010, and $6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,”.

Subsec. (m)(6)(C). Pub. L. 112–30, § 133(2)(B), substituted “2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.

Pub. L. 112–5, § 303(2)(B), substituted “2011” for “2010, and $2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,”.

Subsec. (m)(7)(A). Pub. L. 112–30, § 133(3)(A)(i), substituted “2011 and $5,000,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011” and struck out “each fiscal year” before colon.

Pub. L. 112–5, § 303(3)(A)(i)–(iii), struck out cl. (i) designation and heading, substituted “$10,000,000 shall be available in each of fiscal years 2006 through 2011” for “$10,000,000 shall be available in each of fiscal years 2006 through 2010” in introductory provisions, redesignated subcls. (I) to (VIII) of former cl. (i) as cls. (i) to (viii), respectively, struck out former cl. (ii) which provided a special rule for Oct. 1, 2010, through Mar. 4, 2011, and realigned margins.

Subsec. (m)(7)(A)(i), (ii). Pub. L. 112–30, § 133(3)(A)(ii), (iii), substituted “$2,500,000 for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$2,500,000”.

Subsec. (m)(7)(A)(iii). Pub. L. 112–30, § 133(3)(A)(iv), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.

Subsec. (m)(7)(A)(iv). Pub. L. 112–30, § 133(3)(A)(v), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.

Pub. L. 112–5, § 303(3)(A)(iv), inserted a period at the end.

Subsec. (m)(7)(A)(v), (vi). Pub. L. 112–30, § 133(3)(A)(vi), (vii), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.

Subsec. (m)(7)(A)(vii). Pub. L. 112–30, § 133(3)(A)(viii), substituted “$650,000 for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$650,000”.

Subsec. (m)(7)(A)(viii). Pub. L. 112–30, § 133(3)(A)(ix), substituted “$350,000 for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$350,000”.

Subsec. (m)(7)(B). Pub. L. 112–5, § 303(3)(B)(i), struck out “$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011” after cl. (v).

Subsec. (m)(7)(B)(vi). Pub. L. 112–5, § 303(3)(B)(ii), added cl. (vi).

Subsec. (m)(7)(B)(vii). Pub. L. 112–30, § 133(3)(B), added cl. (vii).

Subsec. (m)(7)(C). Pub. L. 112–30, § 133(3)(C), substituted “fiscal year and during the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.

Pub. L. 112–5, § 303(3)(C), struck out “, and during the period beginning October 1, 2010, and ending March 4, 2011,” after “year”.

Subsec. (m)(7)(D). Pub. L. 112–30, § 133(3)(D), substituted “fiscal year and not less than $17,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.

Pub. L. 112–5, § 303(3)(D), struck out “, and not less than $14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,” after “year”.

Subsec. (m)(7)(E). Pub. L. 112–30, § 133(3)(E), substituted “fiscal year and $1,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.

Pub. L. 112–5, § 303(3)(E), struck out “, and $1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,” after “year”.

2010—Subsec. (m)(2). Pub. L. 111–322, § 2303(1)(A), (B), substituted “march 4, 2011” for “december 31, 2010” in heading and “March 4, 2011” for “December 31, 2010” in introductory provisions.

Pub. L. 111–147, § 433(1)(A), (B), substituted “2010 and october 1, 2010, through december 31, 2010” for “2009” in heading and “2010, and during the period beginning October 1, 2010, and ending December 31, 2010,” for “2009” in introductory provisions.

Subsec. (m)(2)(A)(i). Pub. L. 111–322, § 2303(1)(C), substituted “$84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010”.

Pub. L. 111–147, § 433(1)(C), substituted “2010, and $50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009”.

Subsec. (m)(6)(B). Pub. L. 111–322, § 2303(2)(A), which directed substitution of “$6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$3,750,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”, was executed by making the substitution for “$3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”, to reflect the probable intent of Congress.

Pub. L. 111–147, § 433(2)(A), substituted “2010, and $3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009”.

Subsec. (m)(6)(C). Pub. L. 111–322, § 2303(2)(B), substituted “$2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”.

Pub. L. 111–147, § 433(2)(B), substituted “2010, and $1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010,” for “2009”.

Subsec. (m)(7)(A). Pub. L. 111–147, § 433(3)(A), inserted cl. (i) designation and heading, substituted “$10,000,000 shall be available in each of fiscal years 2006 through 2010” for “$10,000,000 shall be available in each of fiscal years 2006 through 2009” in introductory provisions, redesignated former cls. (i) to (viii) as subcls. (I) to (VIII), respectively, of cl. (i), and added cl. (ii).

Subsec. (m)(7)(A)(ii). Pub. L. 111–322, § 2303(3)(A)(iii), substituted “^155⁄365ths” for “25 percent”.

Pub. L. 111–322, § 2303(3)(A)(ii), which directed substitution of “$4,246,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$2,500,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”, was executed by making the substitution for “$2,500,000 shall be available in the period beginning October 1, 2010, and ending December 31, 2010”, to reflect the probable intent of Congress.

Pub. L. 111–322, § 2303(3)(A)(i), substituted “march 4, 2011” for “december 31, 2010” in heading.

Subsec. (m)(7)(B). Pub. L. 111–322, § 2303(4), which directed general amendment of cl. (vi), was executed by substituting “$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “(vi) $3,375,000 for the period beginning October 1, 2010, and ending December 31, 2010.” See Codification note above.

Subsec. (m)(7)(B)(v). Pub. L. 111–147, § 433(3)(B), added cl. (v).

Subsec. (m)(7)(B)(vi). Pub. L. 111–147, § 433(3)(B), added cl. (vi).

Subsec. (m)(7)(C). Pub. L. 111–322, § 2303(5), substituted “March 4, 2011” for “December 31, 2010”. See Codification note above.

Pub. L. 111–147, § 433(3)(C), inserted “, and during the period beginning October 1, 2010, and ending December 31, 2010,” after “fiscal year”.

Subsec. (m)(7)(D). Pub. L. 111–322, § 2303(6), substituted “$14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”. See Codification note above.

Pub. L. 111–147, § 433(3)(D), inserted “, and not less than $8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” after “year”.

Subsec. (m)(7)(E). Pub. L. 111–322, § 2303(7), substituted “$1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”. See Codification note above.

Pub. L. 111–147, § 433(3)(E), inserted “, and $750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” after “year”.

2008—Subsec. (d)(5)(B). Pub. L. 110–244, § 201(d)(1), substituted “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.” for “regulation.”

Subsec. (e)(6)(B). Pub. L. 110–244, § 201(d)(2), substituted “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.” for “subsection.”

Subsec. (m)(2)(A). Pub. L. 110–244, § 201(d)(3), substituted “Capital” for “Major capital” in heading.

Subsec. (m)(7)(B). Pub. L. 110–244, § 201(d)(4), substituted “section 3045” for “section 3039” in introductory provisions.

2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (p) providing for grants and loans to assist State and local governmental authorities in financing capital projects related to fixed guideway systems, capital projects needed for an efficient and coordinated mass transportation system, the capital costs of coordinating mass transportation with other transportation, the introduction of new technology, and mass transportation projects to meet the special needs of elderly individuals and individuals with disabilities.

Subsec. (m)(1). Pub. L. 109–40, § 7(a)(1), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.

Pub. L. 109–37, § 7(a)(1), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.

Pub. L. 109–35, § 7(a)(1), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.

Pub. L. 109–20, § 7(a)(1), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.

Pub. L. 109–14, § 7(a)(1), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.

Subsec. (m)(2)(B)(iii). Pub. L. 109–40, § 7(a)(2), substituted “july 30, 2005” for “july 27, 2005” in heading and “July 30, 2005” for “July 27, 2005” and “$8,550,000” for “$8,547,000” in text.

Pub. L. 109–37, § 7(a)(2), substituted “july 27, 2005” for “july 21, 2005” in heading and “July 27, 2005” for “July 21, 2005” and “$8,547,000” for “$8,424,000” in text.

Pub. L. 109–35, § 7(a)(2), substituted “july 21, 2005” for “july 19, 2005” in heading and “July 21, 2005” for “July 19, 2005” and “$8,424,000” for “$8,320,000” in text.

Pub. L. 109–20, § 7(a)(2), substituted “july 19, 2005” for “june 30, 2005” in heading and “July 19, 2005” for “June 30, 2005” and “$8,320,000” for “$7,800,000” in text.

Pub. L. 109–14, § 7(a)(2), substituted “june 30, 2005” for “may 31, 2005” in heading and “June 30, 2005” for “May 31, 2005” and “$7,800,000” for “$6,933,333” in text.

Subsec. (m)(3)(B). Pub. L. 109–40, § 7(a)(3), substituted “$2,470,000” for “$2,465,754” and “July 30, 2005” for “July 27, 2005”.

Pub. L. 109–37, § 7(a)(3), substituted “$2,465,754” for “$2,430,000” and “July 27, 2005” for “July 21, 2005”.

Pub. L. 109–35, § 7(a)(3), substituted “$2,430,000” for “$2,400,000” and “July 21, 2005” for “July 19, 2005”.

Pub. L. 109–20, § 7(a)(3), substituted “$2,400,000” for “$2,250,000” and “July 19, 2005” for “June 30, 2005”.

Pub. L. 109–14, § 7(a)(3), substituted “$2,250,000” for “$2,000,000” and “June 30, 2005” for “May 31, 2005”.

Subsec. (m)(3)(C). Pub. L. 109–40, § 7(a)(4), substituted “$41,506,850” for “$41,095,900” and “July 30, 2005” for “July 27, 2005”.

Pub. L. 109–37, § 7(a)(4), substituted “$41,095,900” for “$40,500,000” and “July 27, 2005” for “July 21, 2005”.

Pub. L. 109–35, § 7(a)(4), substituted “$40,500,000” for “$40,000,000” and “July 21, 2005” for “July 19, 2005”.

Pub. L. 109–20, § 7(a)(4), substituted “$40,000,000” for “$37,500,000” and “July 19, 2005” for “June 30, 2005”.

Pub. L. 109–14, § 7(a)(4), substituted “$37,500,000” for “$33,333,333” and “June 30, 2005” for “May 31, 2005”.

2004—Subsec. (m)(1). Pub. L. 108–310, § 8(a)(1), inserted “and for the period of October 1, 2004, through May 31, 2005” after “2004” in introductory provisions.

Pub. L. 108–280, § 7(a)(1)(A), struck out “2003 and for the period of October 1, 2003, through July 31,” before “2004” in introductory provisions.

Pub. L. 108–263, § 7(a)(1)(A), substituted “July 31, 2004” for “June 30, 2004” in introductory provisions.

Pub. L. 108–224, § 7(a)(1)(A), substituted “June 30, 2004” for “April 30, 2004” in introductory provisions.

Pub. L. 108–202, § 9(a)(1)(A), substituted “April 30, 2004” for “February 29, 2004” in introductory provisions.

Subsec. (m)(1)(A). Pub. L. 108–280, § 7(a)(1)(B), substituted “, except for fiscal year 2004 during which $1,206,506,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $999,489,679 will be available”.

Pub. L. 108–263, § 7(a)(1)(A), (B), substituted “July 31, 2004” for “June 30, 2004” and “$999,489,679” for “$899,540,711”.

Pub. L. 108–224, § 7(a)(1)(B), substituted “June 30, 2004, during which $899,540,711 will be available” for “April 30, 2004, during which $699,642,775 will be available”.

Pub. L. 108–202, § 9(a)(1)(B), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $699,642,775 will be available” after “modernization”.

Subsec. (m)(1)(B). Pub. L. 108–280, § 7(a)(1)(C), substituted “, except for fiscal year 2004 during which $1,323,794,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $1,096,653,013 will be available”.

Pub. L. 108–263, § 7(a)(1)(A), (C), substituted “July 31, 2004” for “June 30, 2004” and “$1,096,653,013” for “$986,987,712”.

Pub. L. 108–224, § 7(a)(1)(C), substituted “June 30, 2004, during which $986,987,712 will be available” for “April 30, 2004, during which $767,657,109 will be available”.

Pub. L. 108–202, § 9(a)(1)(C), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $767,657,109 will be available” before the semicolon.

Subsec. (m)(1)(C). Pub. L. 108–280, § 7(a)(1)(D), substituted “, except for fiscal year 2004 during which $607,200,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $503,014,600 will be available”.

Pub. L. 108–263, § 7(a)(1)(A), (D), substituted “July 31, 2004” for “June 30, 2004” and “$503,014,600” for “$452,713,140”.

Pub. L. 108–224, § 7(a)(1)(D), which directed the amendment of subpar. (C) without providing closing quotation marks designating the provisions to be inserted, was executed by substituting “2003, and ending on June 30, 2004, during which $452,713,140 will be available” for “2003 and ending on April 30, 2004, during which $352,110,220 will be available”, to reflect the probable intent of Congress.

Pub. L. 108–202, § 9(a)(1)(D), inserted “, except for the period beginning on October 1, 2003 and ending on April 30, 2004, during which $352,110,220 will be available” after “facilities”.

Subsec. (m)(2)(B)(i). Pub. L. 108–280, § 7(a)(2)(A), substituted “2004” for “2003”.

Subsec. (m)(2)(B)(iii). Pub. L. 108–310, § 8(a)(2), added cl. (iii).

Pub. L. 108–280, § 7(a)(2)(B), struck out heading and text of cl. (iii). Text read as follows: “Of the amounts made available under paragraph (1)(B), $8,615,533 shall be available for the period beginning on October 1, 2003, and ending on July 31, 2004, for capital projects described in clause (i).”

Pub. L. 108–263, § 7(a)(2), inserted cl. (iii) and struck out heading and text of former cl. (iii). Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $7,753,980 shall be available for the period beginning on October 1, 2003, and ending on June 30, 2004, for capital projects described in clause (i).”

Pub. L. 108–224, § 7(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $6,066,667 shall be available for the period beginning on October 1, 2003, and ending on April 30, 2004, for capital projects described in clause (i).”

Pub. L. 108–202, § 9(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $4,333,333 shall be available for the period of October 1, 2003, through February 29, 2004, for capital projects described in clause (i).”

Subsec. (m)(3)(B). Pub. L. 108–310, § 8(a)(3), inserted “(and $2,000,000 shall be available for the period October 1, 2004, through May 31, 2005)” after “2004”.

Pub. L. 108–280, § 7(a)(3), substituted “2004” for “2003 (and $2,485,250 shall be available for the period October 1, 2003, through July 31, 2004)”.

Pub. L. 108–263, § 7(a)(3), substituted “$2,485,250” for “$2,236,725” and “July 31, 2004” for “June 30, 2004”.

Pub. L. 108–224, § 7(a)(3), substituted “$2,236,725” for “$1,750,000” and “June 30, 2004” for “April 30, 2004”.

Pub. L. 108–202, § 9(a)(3), substituted “$1,750,000” for “$1,250,000” and “April 30, 2004” for “February 29, 2004”.

Subsec. (m)(3)(C). Pub. L. 108–310, § 8(a)(4), inserted “, and $33,333,333 shall be available for the period October 1, 2004, through May 31, 2005,” after “2004)”.

Pub. L. 108–280, § 7(a)(4), substituted “1999 through 2004” for “1999 through 2003”, “$50,000,000” for “$41,420,833”, and “fiscal year 2004” for “the period October 1, 2003, through July 31, 2004”.

Pub. L. 108–263, § 7(a)(4), substituted “$41,420,833” for “$37,278,750” and “July 31, 2004” for “June 30, 2004”.

Pub. L. 108–224, § 7(a)(4), substituted “$37,278,750” for “$28,994,583” and “June 30, 2004” for “April 30, 2004”.

Pub. L. 108–202, § 9(a)(4), substituted “$28,994,583 shall be transferred to and administered under section 5309 for buses and bus facilities” for “$20,833,334 shall be available” and “April 30, 2004” for “February 29, 2004”.

Subsec. (o)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.

2003—Subsec. (m)(1). Pub. L. 108–88, § 8(a)(1), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003”.

Subsec. (m)(2)(B). Pub. L. 108–88, § 8(a)(2), added cl. (iii).

Subsec. (m)(3)(B). Pub. L. 108–88, § 8(a)(3), inserted “(and $1,250,000 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.

Subsec. (m)(3)(C). Pub. L. 108–88, § 8(a)(4), inserted “(and $20,833,334 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.

2000—Subsec. (g)(4). Pub. L. 106–346 designated existing provisions as subpar. (A) and added subpars. (B) to (G).

Subsec. (g)(4)(D)(2). Pub. L. 106–554 struck out “light” before “rail extension”.

1999—Subsec. (g)(1)(B). Pub. L. 106–69 inserted “and the House and Senate Committees on Appropriations” after “Committee on Banking, Housing, and Urban Affairs of the Senate”.

1998—Pub. L. 105–178, § 3009(a), substituted “Capital investment” for “Discretionary” in section catchline.

Subsec. (a)(1)(E) to (H). Pub. L. 105–178, § 3009(c), added subpars. (E) and (F), redesignated former subpars. (F) and (G) as (G) and (H), respectively, and struck out former subpar. (E) which read as follows: “transportation projects that enhance urban economic development or incorporate private investment, including commercial and residential development, because the projects—

“(i) enhance the effectiveness of a mass transportation project and are related physically or functionally to that mass transportation project; or

“(ii) establish new or enhanced coordination between mass transportation and other transportation;”.

Subsec. (c). Pub. L. 105–178, § 3009(d), amended subsec. (c) generally, substituting “[Reserved.]” for former heading and text which read as follows:

“(c) Consideration of Decreased Commuter Rail Transportation.—The Secretary of Transportation shall consider the adverse effect of decreased commuter rail transportation when deciding whether to approve a grant or loan under this section to acquire a rail line and all related facilities—

“(1) owned by a rail carrier subject to reorganization under title 11; and

“(2) used to provide commuter rail transportation.”

Subsec. (e). Pub. L. 105–178, § 3009(k)(1), as added by Pub. L. 105–206, § 9009(g), in par. (3)(C), substituted “suburban sprawl” for “urban sprawl”, and in par. (6), substituted “or ‘not recommended’, based” for “or not ‘recommended’, based” in second sentence and inserted “of the” before “criteria established” in last sentence.

Pub. L. 105–178, § 3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, subsec. (e) related to, in par. (1), applicability of subsection to projects, in par. (2), approval of grants or loans for capital projects, in par. (3), criteria for making approval decisions, in par. (4), issuance of guidelines on evaluation of alternatives, project justification, and degree of local financial commitment, in par. (5), advancement of project from alternatives analysis to preliminary engineering, in par. (6), exemptions from requirements of subsection, and in par. (7), requirement of full financing agreement.

Subsec. (f). Pub. L. 105–178, § 3009(h)(1), amended subsec. (f) generally, substituting “[Reserved.]” for former heading and text which read as follows:

“(f) Required Payments and Eligible Costs of Projects That Enhance Urban Economic Development or Incorporate Private Investment.—(1) Each grant or loan under subsection (a)(5) of this section shall require that a person making an agreement to occupy space in a facility pay a reasonable share of the costs of the facility through rental payments and other means.

“(2) Eligible costs for a project under subsection (a)(5) of this section—

“(A) include property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; but

“(B) do not include construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation.”

Subsec. (g). Pub. L. 105–178, § 3009(f)(1), substituted “Funding” for “Financing” in heading.

Subsec. (g)(1)(B). Pub. L. 105–178, § 3009(f)(3), substituted “At least 60 days” for “At least 30 days” and “letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project” for “issuance of the letter” and inserted “or entering into a full funding grant agreement” after “subparagraph (A) of this paragraph”.

Subsec. (g)(2)(A), (B), (3)(A)(i). Pub. L. 105–178, § 3009(f)(2), substituted “full funding” for “full financing”.

Subsec. (g)(4). Pub. L. 105–178, § 3009(k)(2), as added by Pub. L. 105–206, § 9009(g), substituted “5338(b) of this title for new fixed guideway systems and extensions to existing fixed guideway systems and the amount appropriated under section 5338(h)(5) or an amount equivalent to the last 2 fiscal years of funding authorized under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems” for “5338(a) of this title to carry out this section or an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003”.

Pub. L. 105–178, § 3009(f)(2), (4), substituted “full funding” for “full financing” before “grant agreements” in two places and “an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003” for “50 percent of the uncommitted cash balance remaining in the Mass Transit Account of the Highway Trust Fund (including amounts received from taxes and interest earned that are more than amounts previously obligated)”.

Subsec. (m). Pub. L. 105–178, § 3009(k)(3), as added by Pub. L. 105–206, § 9009(g), substituted “5338(b)” for “5338” in introductory provisions of par. (1), added par. (2) and struck out former par. (2) relating to limitation on amounts available for activities other than final design and construction, redesignated par. (4) as (3)(C), added pars. (3)(D) and (4), and struck out par. (5) relating to funding for ferry boat systems.

Pub. L. 105–178, § 3009(g), reenacted heading without change and amended text of subsec. (m) generally, substituting provisions allocating amounts for fiscal years 1998 to 2003 for provisions allocating amounts for each fiscal year ending Sept. 30 from 1993 to 1997 and for period of Oct. 1, 1997 to Mar. 31, 1998.

Subsec. (n)(2). Pub. L. 105–178, § 3009(h)(3)(D), as added by Pub. L. 105–206, § 9009(h)(3), substituted “in a manner satisfactory” for “in a way satisfactory”.

Subsec. (o). Pub. L. 105–178, § 3009(i), added subsec. (o) relating to reports.

Subsec. (p). Pub. L. 105–178, § 3009(j), added subsec. (p).

1997—Subsec. (m)(1). Pub. L. 102–240, § 3049(a), as added by Pub. L. 105–130, inserted “, and for the period of October 1, 1997, through March 31, 1998” after “1997”.

1996—Subsec. (a). Pub. L. 104–287, § 5(12)(A), designated existing provisions as par. (1), redesignated former pars. (1) to (7) as subpars. (A) to (G) of par. (1), respectively, and former subpars. (A) and (B) of par. (5) as subcls. (i) and (ii) of subpar. (E), respectively, and added par. (2).

Subsec. (e)(4)(B). Pub. L. 104–287, § 5(12)(B), substituted “paragraph (2)” for “paragraph (1)(B)”.

Subsec. (g)(1)(B). Pub. L. 104–287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

Subsec. (m)(1)(A). Pub. L. 104–287, § 5(12)(C), inserted “rail” before “fixed guideway modernization”.

Subsec. (m)(3). Pub. L. 104–287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective and Termination Dates of 2012 Amendment

Amendment by section 20008(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.

Amendment by section 113003 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.

Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

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 section 5(12) of 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.

Expedited Project Delivery for Capital Investment Grants Pilot Program