§5338. Authorizations — Inbound Citations
49 U.S.C. § 5338
Cited by 16 provisions in release 119-102.
Citations to 49 U.S.C. § 5338 as a whole
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(c) To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts.
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The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities.
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(c) Each recipient of Federal financial assistance for public transportation under this chapter or any other provision of Federal law shall provide the Secretary and a contractor the Secretary chooses under section 5338(f)1 with access to the construction sites and records of the recipient when reasonably necessary.
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(1) a definition of “major capital project” for section 5338(f)1 that excludes a project to acquire rolling stock or to maintain or rehabilitate a vehicle;
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(3) In order to obligate funds apportioned under section 5338 to carry out this chapter, effective 3 years after the date on which a final rule under this subsection becomes effective, an eligible State shall have in effect a State safety oversight program approved by the Secretary under which the State—(A) assumes responsibility for overseeing rail fixed guideway public transportation safety;(B) adopts and enforces Federal and relevant State laws on rail fixed guideway public transportation safety;(C) establishes a State safety oversight agency;(D) determines, in consultation with the Secretary, an appropriate staffing level for the State safety oversight agency that is commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems in the eligible State;(E) requires that employees and other designated personnel of the eligible State safety oversight agency who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under subsection (c); and(F) prohibits any public transportation agency from providing funds to the State safety oversight agency or an entity designated by the eligible State as the State safety oversight agency under paragraph (4).
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(b) The Secretary shall apportion the amounts made available under section 5338(b)(2)(N)1 in accordance with subsection (c) and subsection (d).
Citations to §5338(a)(2)(A)
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(g) Of the funds made available by or appropriated to carry out this section under section 5338(a)(2)(A) for a fiscal year—(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and(2) 17.28 percent shall be available to carry out subsection (e).
Citations to §5338(a)(2)(C)
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(1) apportion amounts appropriated under section 5338(a)(2)(C) of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and
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(h) Of the amounts made available for each fiscal year under section 5338(a)(2)(C)—(1) $30,000,000 shall be set aside each fiscal year to carry out section 5307(h);(2) 3.07 percent shall be apportioned to urbanized areas in accordance with subsection (j);(3) of amounts not apportioned under paragraphs (1) and (2), 3 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);(4) 0.75 percent shall be apportioned to eligible States for State safety oversight program grants in accordance with section 5329(e)(6); and
Citations to §5338(a)(2)(F)
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(B) In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available under section 5338(a)(2)(F) to make grants and contracts for transportation research, technical assistance, training, and related support services in rural areas.
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(1) Of the amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) to carry out this section—(A) an amount equal to 5 percent shall be available to carry out paragraph (2); and(B) 3 percent shall be available to carry out paragraph (3).
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(C) Of amounts made available or appropriated for each fiscal year under section 5338(a)(2)(F) to carry out this paragraph, the Secretary shall apportion funds to eligible recipients for any purpose eligible under this section, based on the guidelines established under section 9.5(b) of the Appalachian Regional Commission Code.
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(A) The amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) that are not apportioned under paragraph (1) or (2) shall be apportioned in accordance with this paragraph.
Citations to §5338(a)(2)(G)(ii)
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(1) The amounts made available under section 5338(a)(2)(G)(ii) are available for a public transportation cooperative research program.
Citations to §5338(a)(2)(L)
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(5) Funds allocated under section 5338(a)(2)(L)1 shall be distributed as follows:(A) $206,000,000 each fiscal year shall be allocated to all States and territories, with each State receiving $4,000,000 for each such fiscal year and each territory receiving $1,000,000 for each such fiscal year.(B) The remainder of the funds not otherwise distributed under subparagraph (A) shall be allocated pursuant to the formula set forth in section 5336 other than subsection (b).
Citations to §5338(b)
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(1) As a condition of financial assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) shall specify the arrangements.