§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, §1(d), July 5, 1994, 108 Stat. 807 ; Pub. L. 105–178, title III, §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 words before cl. (1)), cls. (1) (words before 3d comma), (2) (words before "with such grants").	July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §16(b) (1st sentence); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 967 ; restated Aug. 13, 1973, Pub. L. 93–87, §301(g), 87 Stat. 295 ; Dec. 18, 1991, Pub. L. 102–240, §3021(1)– (4), 105 Stat. 2110 .
5310(b)	49 App.:1612(c)(2), (3).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §16(c); added Dec. 18, 1991, Pub. L. 102–240, §3021(6), 105 Stat. 2110 ; Oct. 6, 1992, Pub. L. 102–388, §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 , §16(e); added Jan. 6, 1983, Pub. L. 97–424, §317(c), 96 Stat. 2153 ; Apr. 2, 1987, Pub. L. 100–17, §327(a)(4), 101 Stat. 238 ; Dec. 18, 1991, Pub. L. 102–240, §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 , §16(f); added Apr. 2, 1987, Pub. L. 100–17, §321, 101 Stat. 235 ; restated Dec. 18, 1991, Pub. L. 102–240, §3021(5), (7), 105 Stat. 2110 , 2111.
5310(i)	49 App.:1614(g) (related to 1612(b)).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §18(g) (related to §16(b)); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2750 ; restated Dec. 18, 1991, Pub. L. 102–240, §3022, 105 Stat. 2111 .
5310(j)	49 App.:1604b.	Nov. 26, 1974, Pub. L. 93–503, §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, §3038, June 9, 1998, 112 Stat. 392 , as amended by Pub. L. 105–206, title IX, §9009(x), July 22, 1998, 112 Stat. 862 ; Pub. L. 106–346, §101(a) [title III, §336], Oct. 23, 2000, 114 Stat. 1356 , 1356A-31, 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.

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 section 3013.