PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 2117 "(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS.— Any funds withheld under subsection (a) from apportionment for use in any State in a fiscal year, shall remain available for apportionment for use in such State until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated. "(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLI- ANCE. —I f, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment for use in a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (a) that remain available for apportionment for use in the State. "(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS.— Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end of the third fiscal year succeeding the fiscal year in which such funds are apportioned pursuant to paragraph (2). Sums not obligated at the end of such period shall be apportioned for use in other States under section 9 of this Act. "(4) EFFECT OF NONCOMPLIANCE.— If, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment for use in a State under paragraph (1), the State does not meet the requirements of subsection (b), such funds shall be apportioned for use in other States under section 9 of this Act. "(d) LIMITATION ON APPLICABILITY. —This section only applies to States that have rail fixed guideway mass transportation systems which are not subject to regulation by the Federal Railroad Administration. "(e) REGULATIONS. —Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations which set forth the requirements for complying with subsection (b).". SEC. 3030. PLANNING AND RESEARCH. The Act is amended by inserting after section 25 the following: "SEC. 26. PLANNING AND RESEARCH PROGRAM. 49 USC app. "(a) STATE PROGRAM. —The funds made available under section 21(c)(3) shall be available for State programs as follows: "(1) TRANSIT COOPERATIVE RESEARCH PROGRAM. — 50 percent of that amount shall be available for the transit cooperative research program to be administered as follows: " (A) INDEPENDENT GOVERNING BOARD. —The Secretary shall establish an independent governing board for such program to recommend mass transportation research, development, and technology transfer activities as the Secretary deems appropriate. "(B) NATIONAL ACADEMY OF SCIENCES.— The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out such activities as the Secretary determines are appropriate. "(2) STATE PLANNING AND RESEARCH. —The remaining 50 percent of that amount shall be apportioned to the States for
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