§ 5310. — Formula grants and loans for special needs of elderly individuals and individuals with disabilities.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5310]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5310. Formula grants and loans for special needs of elderly
individuals and individuals with disabilities
(a) General Authority.--The Secretary of Transportation may make
grants and loans to--
(1) State and local governmental authorities to help them
provide mass transportation service planned, designed, and carried
out to meet the special needs of elderly individuals and individuals
with disabilities; and
(2) the chief executive officer of each State for allocation
to--
(A) private nonprofit corporations and associations to help
them provide that transportation service when the transportation
service provided under clause (1) of this subsection is
unavailable, insufficient, or inappropriate; or
(B) governmental authorities--
(i) approved by the State to coordinate services for
elderly individuals and individuals with disabilities; or
(ii) that certify to the chief executive officer that no
nonprofit corporation or association readily is available in
an area to provide service under this subsection.
(b) Apportioning and Transferring Amounts.--The Secretary shall
apportion amounts made available under section 5338(a) of this title
under a formula the Secretary administers that considers the number of
elderly individuals and individuals with disabilities in each State. Any
State's apportionment remaining available for obligation at the
beginning of the 90-day period before the end of the period of
availability of the apportionment is available to the chief executive
officer of the State for transfer to supplement amounts apportioned to
the State under section 5311(c) or 5336(a)(1) of this title.
(c) State Program of Projects.--Amounts made available for this
section may be used for transportation projects to assist in providing
transportation services for elderly individuals and individuals with
disabilities that are included in a State program of projects. A program
shall be submitted annually to the Secretary for approval and shall
contain an assurance that the program provides for maximum feasible
coordination of transportation services assisted under this section with
transportation services assisted by other United States Government
sources.
(d) Eligible Capital Expenses.--A recipient of amounts under this
section may include acquiring transportation services as an eligible
capital expense.
(e) Application of Section 5309.--(1) A grant or loan under
subsection (a)(1) of this section is subject to all requirements of a
grant or loan under section 5309 of this title, and is deemed to have
been made under section 5309.
(2) A grant or loan under subsection (a)(2) of this section is
subject to requirements similar to those under paragraph (1) of this
subsection to the extent the Secretary considers appropriate.
(f) Minimum Requirements and Procedures for Recipients.--In carrying
out section 5301(d) of this title, section 165(b) of the Federal-Aid
Highway Act of 1973 (Public Law 93-87, 87 Stat. 282), and section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) (consistent with
Government-wide standards to carry out section 504), the Secretary shall
prescribe regulations establishing minimum criteria a recipient of
Government financial assistance under this chapter or a law referred to
in section 165(b) shall comply with in providing mass transportation
service to elderly individuals and individuals with disabilities and
procedures for the Secretary to monitor compliance with the criteria.
The regulations shall include provisions for ensuring that organizations
and groups representing elderly individuals and individuals with
disabilities are given adequate notice of, and an opportunity to comment
on, the proposed activity of a recipient to achieve compliance with the
regulations.
(g) Leasing Vehicles.--The Secretary shall prescribe guidelines
allowing vehicles bought under this section to be leased to local
governmental authorities to improve transportation services designed to
meet the special needs of elderly individuals and individuals with
disabilities.
(h) Meal Delivery Service to Homebound Individuals.--Mass
transportation service providers receiving assistance under this section
or section 5311(c) of this title may coordinate and assist in regularly
providing meal delivery service for homebound individuals if the
delivery service does not conflict with providing mass transportation
service or reduce service to mass transportation passengers.
(i) Transfer of Facilities and Equipment.--With the consent of the
recipient currently having a facility or equipment acquired with
assistance under this section, a State may transfer the facility or
equipment to any recipient eligible to receive assistance under this
chapter if the facility or equipment will continue to be used as
required under this section.
(j) Fares Not Required.--This chapter does not require that elderly
individuals and individuals with disabilities be charged a fare.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 807; Pub. L. 105-
178, title III, Sec. 3013(a), June 9, 1998, 112 Stat. 359.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5310(a)............................... 49 App.:1612(b) (1st sentence July 9, 1964, Pub. L. 88-365, 78 Stat.
words before cl. (1)), cls. 302, Sec. 16(b) (1st sentence); added
(1) (words before 3d comma), Oct. 15, 1970, Pub. L. 91-453, Sec.
(2) (words before ``with such 8, 84 Stat. 967; restated Aug. 13,
grants''). 1973, Pub. L. 93-87, Sec. 301(g), 87
Stat. 295; Dec. 18, 1991, Pub. L. 102-
240, Sec. 3021(1)- (4), 105 Stat.
2110.
5310(b)............................... 49 App.:1612(c)(2), (3). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 16(c); added Dec. 18, 1991,
Pub. L. 102-240, Sec. 3021(6), 105
Stat. 2110; Oct. 6, 1992, Pub. L. 102-
388, Sec. 502(k), 106 Stat. 1567.
5310(c)............................... 49 App.:1612(c)(1).
5310(d)............................... 49 App.:1612(b) (1st sentence
cl. (3)).
5310(e)............................... 49 App.:1612(b) (1st sentence
cls. (1) (words after 3d
comma), (2) (words after
``service under this
subsection'')).
5310(f)............................... 49 App.:1612(e). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 16(e); added Jan. 6, 1983,
Pub. L. 97-424, Sec. 317(c), 96 Stat.
2153; Apr. 2, 1987, Pub. L. 100-17,
Sec. 327(a)(4), 101 Stat. 238; Dec.
18, 1991, Pub. L. 102-240, Sec.
3021(1), (5), 105 Stat. 2110.
5310(g)............................... 49 App.:1612(c)(4).
5310(h)............................... 49 App.:1612(f). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 16(f); added Apr. 2, 1987,
Pub. L. 100-17, Sec. 321, 101 Stat.
235; restated Dec. 18, 1991, Pub. L.
102-240, Sec. 3021(5), (7), 105 Stat.
2110, 2111.
5310(i)............................... 49 App.:1614(g) (related to July 9, 1964, Pub. L. 88-365, 78 Stat.
1612(b)). 302, Sec. 18(g) (related to Sec.
16(b)); added Nov. 6, 1978, Pub. L. 95-
599, Sec. 313, 92 Stat. 2750;
restated Dec. 18, 1991, Pub. L. 102-
240, Sec. 3022, 105 Stat. 2111.
5310(j)............................... 49 App.:1604b. Nov. 26, 1974, Pub. L. 93-503, Sec.
108, 88 Stat. 1572.
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In this section, the words ``governmental authorities'' are
substituted for ``public bodies'' because of section 5302(a) of the
revised title.
In subsection (a), before clause (1), the words ``In addition to the
grants and loans otherwise provided for under this chapter'' are omitted
as surplus. In clauses (1) and (2), the words ``the specific purpose
of'' are omitted as surplus. In clause (1), the words ``or agencies
thereof'' are omitted as surplus.
In subsection (b), the words ``for expenditure'', ``to the States'',
and ``amounts of a'' are omitted as surplus.
In subsection (d), the words ``A recipient of amounts under this
section'' are added for clarity to correct an error in the source
provisions. The words ``under a contract, lease, or other arrangement''
are omitted as surplus.
In subsection (e), the words ``terms, conditions . . . and
provisions'' are omitted as surplus.
In subsection (e)(1), the words ``and is deemed'' are substituted
for ``and being considered for the purposes of all other laws'' for
consistency in the revised title and with other titles of the United
States Code.
In subsection (e)(2), the words ``insofar as may be appropriate''
and ``necessary or . . . for purposes of this paragraph'' are omitted as
surplus.
In subsection (f), the words ``any applicable'' are omitted as
surplus. The words ``prescribe regulations establishing'' are
substituted for ``not later than ninety days after January 6, 1983,
publish in the Federal Register for public comment, proposed regulations
and, not later than one hundred and eighty days after January 6, 1983,
promulgate final regulations, establishing'' to eliminate unnecessary
and executed words. Section 3021(1) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat.
2110) is applied to 49 App.:1612(e) to carry out the apparent intent of
Congress.
In subsection (g), the words ``not later than 60 days following
December 18, 1991'' are omitted as obsolete. The words ``and agencies''
are omitted as surplus.
In subsection (j), the words ``elderly individuals and individuals
with disabilities'' are substituted for ``elderly and handicapped
persons'' for consistency.
References in Text
Section 165(b) of the Federal-Aid Highway Act of 1973, referred to
in subsec. (f), is section 165(b) of Pub. L. 93-87, which is set out as
a note under section 142 of Title 23, Highways.
Amendments
1998--Pub. L. 105-178 substituted ``Formula grants'' for ``Grants''
in section catchline.
Rural Transportation Accessibility Incentive Program
Pub. L. 105-178, title III, Sec. 3038, June 9, 1998, 112 Stat. 392,
as amended by Pub. L. 105-206, title IX, Sec. 9009(x), July 22, 1998,
112 Stat. 862; Pub. L. 106-346, Sec. 101(a) [title III, Sec. 336], Oct.
23, 2000, 114 Stat. 1356, 1356A-31; Pub. L. 108-88, Sec. 8(m), Sept. 30,
2003, 117 Stat. 1125, provided that:
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Intercity, fixed-route over-the-road bus service.--The
term `intercity, fixed-route over-the-road bus service' means
regularly scheduled bus service for the general public, using an
over-the-road bus, that--
``(A) operates with limited stops over fixed routes
connecting 2 or more urban areas not in close proximity or
connecting 1 or more rural communities with an urban area not in
close proximity;
``(B) has the capacity for transporting baggage carried by
passengers; and
``(C) makes meaningful connections with scheduled intercity
bus service to more distant points.
``(2) Other over-the-road bus service.--The term `other over-
the-road bus service' means any other transportation using over-the-
road buses including local fixed-route service, commuter service,
and charter or tour service (including tour or excursion service
that includes features in addition to bus transportation such as
meals, lodging, admission to points of interest or special
attractions or the services of a tour guide).
``(3) Over-the-road bus.--The term `over-the-road bus' means a
bus characterized by an elevated passenger deck located over a
baggage compartment.
``(b) General Authority.--The Secretary [of Transportation] shall
make grants under this section to operators of over-the-road buses to
finance the incremental capital and training costs of complying with the
Department of Transportation's final rule regarding accessibility of
over-the-road buses required by section 306(a)(2)(B) of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)).
``(c) Grant Criteria.--In selecting applicants for grants under this
section, the Secretary shall consider--
``(1) the identified need for over-the-road bus accessibility
for persons with disabilities in the areas served by the applicant;
``(2) the extent to which the applicant demonstrates innovative
strategies and financial commitment to providing access to over-the-
road buses to persons with disabilities;
``(3) the extent to which the over-the-road bus operator
acquires equipment required by the final rule prior to any required
timeframe in the final rule;
``(4) the extent to which financing the costs of complying with
the Department of Transportation's final rule regarding
accessibility of over-the-road buses presents a financial hardship
for the applicant; and
``(5) the impact of accessibility requirements on the
continuation of over-the-road bus service, with particular
consideration of the impact of the requirements on service to rural
areas and for low-income individuals.
``(d) Competitive Grant Selection.--The Secretary shall conduct a
national solicitation for applications for grants under this section.
Grantees shall be selected on a competitive basis.
``(e) Federal Share of Costs.--The Federal share of costs under this
section shall be provided from funds made available to carry out this
section. The Federal share of the costs for a project shall not exceed
90 percent of the project cost.
``(f) Grant Requirements.--A grant under this section shall be
subject to all of the terms and conditions applicable to subrecipients
who provide intercity bus transportation under section 5311(f) of title
49, United States Code, and such other terms and conditions as the
Secretary may prescribe.
``(g) Funding.--
``(1) Intercity, fixed-route over-the-road bus service.--Of
amounts made available by or appropriated under section 5338(a)(2)
of title 49, United States Code (before allocation under section
5338(a)(2)(C) of that title), the following amounts shall be
available for operators of over-the-road buses used substantially or
exclusively in intercity, fixed-route over-the-road bus service to
finance the incremental capital and training costs of the Department
of Transportation's final rule regarding accessibility of over-the-
road buses:
``(A) $2,000,000 for fiscal year 1999.
``(B) $2,000,000 for fiscal year 2000.
``(C) $3,000,000 for fiscal year 2001.
``(D) $5,250,000 for fiscal year 2002.
``(E) $5,250,000 for fiscal year 2003.
``(F) $2,187,500 for the period of October 1, 2003, through
February 29, 2004.
Such sums shall remain available until expended.
``(2) Other over-the-road bus service.--Of amounts made
available by or appropriated under section 5338(a)(2) of title 49,
United States Code (before allocation under section 5338(a)(2)(C) of
that title), $6,800,000 shall be available for fiscal years 2000
through 2003 (and $708,333 shall be available for the period of
October 1, 2003, through February 29, 2004) for operators of other
over-the-road bus service to finance the incremental capital and
training costs of the Department of Transportation's final rule
regarding accessibility of over-the-road buses. Such sums shall
remain available until expended.''
Section Referred to in Other Sections
This section is referred to in sections 5301, 5307, 5323, 5333,
5334, 5338, 31138 of this title; title 42 section 3013.
