
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-346 Section 101(a)[336]]
[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
-------------------------------------------------------------------------------
---------------------------------
           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, 1
991, 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.
                                                                          102-2
40, 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;
                                                                          resta
ted Dec. 18, 1991, Pub. L. 102-
                                                                          240, 
Sec.  3022, 105 Stat. 2111.
5310(j)...............................  49 App.:1604b.                   Nov. 2
6, 1974, Pub. L. 93-503, Sec.
                                                                          108, 
88 Stat. 1572.
-------------------------------------------------------------------------------
---------------------------------

    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, 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 
50 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.
    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 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 sections 3013, 3035l.
