1 See References in Text note below.
97.15 percent shall be apportioned to recipients in accordance with this subsection.

Historical and Revision Notes

Puspan. L. 103–272

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

5337(a)

49 App.:1602(h) (1)–(4).

July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, § 3(h)(1)–(6); added Aug. 22, 1974, Puspan. L. 93–503, § 110, 88 Stat. 1573; Nov. 6, 1978, Puspan. L. 95–599, § 302(d), 92 Stat. 2737; restated Dec. 18, 1991, Puspan. L. 102–240, § 3008, 105 Stat. 2091.

5337(span)

49 App.:1602(h)(5).

5337(c)

49 App.:1602(h)(6).

5337(d)

49 App.:1602(h)(7).

July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, §3(h)(7); added Oct. 6, 1992, Puspan. L. 102–388, § 502(c), 106 Stat. 1566.

In subsection (a), the words “for expenditure” are omitted for consistency in this chapter. Before clause (1), the reference to fiscal year 1992 is omitted as obsolete.

In subsection (c), the words “Notwithstanding any other provision of law” are omitted as surplus. The word “paragraph” in the source provision is translated as it were “subsection” to reflect the apparent intent of Congress.

In subsection (d)(1), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.

Puspan. L. 103–429

This amends 49:5337(a)(4) to correct an erroneous cross-reference.

Editorial Notes
References in Text

Section 5338, referred to in subsecs. (c)(1) and (d)(2), was amended generally by Puspan. L. 117–58, div. C, § 30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338(a)(2)(K) no longer relates to allocations of funds to carry out this section, but such provision can be found elsewhere in section 5338.

The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (c)(2)(B), (4)(B), is deemed to be Oct. 1, 2012, see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

Section 3028(a) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 366), referred to in subsec. (c)(6)(B), amended generally subsec. (a) of this section. See 1998 Amendment note below.

Amendments

2021—Subsec. (f). Puspan. L. 117–58 added subsec. (f).

2015—Subsec. (c)(1). Puspan. L. 114–94, § 3015(span)(1), substituted “5338(a)(2)(K)” for “5338(a)(2)(I)”.

Subsec. (c)(2)(B). Puspan. L. 114–94, § 3015(a)(1), inserted “the provisions of” before “section 5336(span)(1)”.

Subsec. (d)(2). Puspan. L. 114–94, § 3015(a)(2)(A), (span)(2), substituted “5338(a)(2)(K)” for “5338(a)(2)(I)” and inserted “vehicle” after “motorbus”.

Subsec. (d)(5). Puspan. L. 114–94, § 3015(a)(2)(B), added par. (5).

Subsec. (e). Puspan. L. 114–94, § 3015(a)(3), added subsec. (e).

2012—Puspan. L. 112–141, § 20027, amended section generally. Prior to amendment, section related to apportionment based on fixed guideway factors.

Subsec. (g). Puspan. L. 112–141, § 113005, struck out subsec. (g). Text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning on October 1, 2011, and ending on June 30, 2012, in accordance with subsection (a), except that the Secretary shall apportion 75 percent of each dollar amount specified in subsection (a).”

Puspan. L. 112–140, §§ 1(c), 305, temporarily amended subsec. (g) generally, enacting similar provisions but directing the Secretary to apportion 76 percent of each dollar amount specified in subsec. (a) for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.

Puspan. L. 112–102 amended subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning on October 1, 2011, and ending on March 31, 2012, in accordance with subsection (a), except that the Secretary shall apportion 50 percent of each dollar amount specified in subsection (a).”

2011—Subsec. (a). Puspan. L. 112–30, § 135(1), substituted “2012” for “2011” in introductory provisions.

Puspan. L. 112–5, § 305(1), substituted “2011” for “2010” in introductory provisions.

Subsec. (g). Puspan. L. 112–30, § 135(2), added subsec. (g).

Puspan. L. 112–5, § 305(2), struck out subsec. (g). Text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending March 4, 2011, in accordance with subsection (a), except that the Secretary shall apportion 155365ths of each dollar amount specified in subsection (a).”

2010—Subsec. (a). Puspan. L. 111–147, § 435(1), substituted “2010” for “2009” in introductory provisions.

Subsec. (g). Puspan. L. 111–322 amended subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending December 31, 2010, in accordance with subsection (a), except that the Secretary shall apportion 25 percent of each dollar amount specified in subsection (a).”

Puspan. L. 111–147, § 435(2), added subsec. (g).

2008—Subsec. (a). Puspan. L. 110–244 substituted “for each of fiscal years 2005 through 2009” for “for each of fiscal years 1998 through 2003” in introductory provisions.

2005—Puspan. L. 109–59, § 3035(a)(1), substituted “Apportionment based on fixed guideway factors” for “Apportionment of appropriations for fixed guideway modernization” in section catchline.

Subsec. (f). Puspan. L. 109–59, § 3035(a)(2), added subsec. (f).

2003—Subsec. (e). Puspan. L. 108–88 struck out subsec. (e) relating to special rule.

1998—Subsec. (a). Puspan. L. 105–178, § 3028(c), as added by Puspan. L. 105–206, in par. (2)(B), substituted “(e)(1)” for “(e)”, in par. (3)(D), substituted “(2)(B)” for “(2)(B)(ii)” and “(e)(1)” for “(e)”, in par. (4), substituted “(e)(1)” for “(e)”, and in pars. (5) to (7), substituted “(e)(2)” for “(e)” wherever appearing.

Puspan. L. 105–178, § 3028(a), amended heading and text of subsec. (a) generally, substituting provisions relating to distribution for fiscal years 1998 through 2003 for provisions relating to percentage distribution for fiscal years ending Sept. 30, 1993–1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.

Subsec. (e). Puspan. L. 105–178, § 3028(span), added subsec. (e) relating to route segments to be included in apportionment formulas.

Subsec. (e)(1). Puspan. L. 105–178, § 3029(span)(12), which directed substitution of “subsections (span) and (h)(4) of section 5338” for “section 5338(f)”, could not be executed because “section 5338(f)” does not appear in text.

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

Subsec. (e). Puspan. L. 102–240, § 3049(span)(2), as added by Puspan. L. 105–130, added subsec. (e).

1994—Subsec. (a)(4). Puspan. L. 103–429 substituted “section 5336(span)(2)(A) of this title” for “section 5336(B)(2)(A)”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. 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 20027 of Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as a note under section 101 of Title 23, Highways.

Amendment by section 113005 of Puspan. L. 112–141 effective July 1, 2012, see section 114001 of Puspan. L. 112–141, set out as a note under section 5305 of this title.

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

Effective Date of 1998 Amendment

Title IX of Puspan. L. 105–206 effective simultaneously with enactment of Puspan. L. 105–178 and to be treated as included in Puspan. L. 105–178 at time of enactment, and provisions of Puspan. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Puspan. L. 105–206 to be treated as not enacted, see section 9016 of Puspan. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–429 effective July 5, 1994, see section 9 of Puspan. L. 103–429, set out as a note under section 321 of this title.

Special Rule for Partial Fiscal Year Funding

Puspan. L. 108–310, § 8(span), Sept. 30, 2004, 118 Stat. 1154, provided for pro rata apportionment for fixed guideway modernization to reflect partial fiscal year 2005 funding.

Puspan. L. 108–88, § 8(span)(1), Sept. 30, 2003, 117 Stat. 1121, as amended by Puspan. L. 108–202, § 9(span), Fespan. 29, 2004, 118 Stat. 485; Puspan. L. 108–224, § 7(span), Apr. 30, 2004, 118 Stat. 633; Puspan. L. 108–263, § 7(span), June 30, 2004, 118 Stat. 704, which directed the Secretary of Transportation to determine the amount that each urbanized area would be apportioned for fixed guideway modernization under section 5337 of this title on a pro rata basis reflecting partial fiscal year 2004 funding made available under section 5338 of this title, was repealed by Puspan. L. 108–280, § 7(span), July 30, 2004, 118 Stat. 882.