2012 US Code
Title 49 - Transportation
Subtitle III - GENERAL AND INTERMODAL PROGRAMS (§§ 5101 - 6313)
Chapter 53 - PUBLIC TRANSPORTATION (§§ 5301 - 5340)
Section 5310 - Formula grants for the enhanced mobility of seniors and individuals with disabilities
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION Sec. 5310 - Formula grants for the enhanced mobility of seniors and individuals with disabilities |
Contains | section 5310 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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; Pub. L. 109-59, title III, §§3002(b)(2), 3012(a), Aug. 10, 2005, 119 Stat. 1544, 1589; Pub. L. 112-141, div. B, §20009, July 6, 2012, 126 Stat. 675. |
Statutes at Large References | 78 Stat. 302 84 Stat. 967 87 Stat. 295 88 Stat. 1572 92 Stat. 2750 96 Stat. 2153 101 Stat. 235, 238 104 Stat. 327 105 Stat. 2110, 2111 106 Stat. 1567 108 Stat. 807 112 Stat. 359, 392, 862 114 Stat. 1356 117 Stat. 1125 118 Stat. 488, 636, 707, 885, 1158 119 Stat. 1544, 333, 355, 388, 403, 420, 1591, 1638 124 Stat. 92, 3530 125 Stat. 21, 354 126 Stat. 675, 280, 401, 473, 622, 987 |
Public Law References | Public Law 88-365, Public Law 91-453, Public Law 93-87, Public Law 93-503, Public Law 95-599, Public Law 97-424, Public Law 100-17, Public Law 101-336, Public Law 102-240, Public Law 102-388, Public Law 103-272, Public Law 105-178, Public Law 105-206, Public Law 106-346, Public Law 108-88, Public Law 108-202, Public Law 108-224, Public Law 108-263, Public Law 108-280, Public Law 108-310, Public Law 109-14, Public Law 109-20, Public Law 109-35, Public Law 109-37, Public Law 109-40, Public Law 109-59, Public Law 111-147, Public Law 111-322, Public Law 112-5, Public Law 112-30, Public Law 112-102, Public Law 112-140, Public Law 112-141 |
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(a)
(1)
(2)
(b)
(1)
(A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable;
(B) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(C) public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and
(D) alternatives to public transportation that assist seniors and individuals with disabilities with transportation.
(2)
(A)
(B) Allocation to subrecipients.—A recipient of a grant under paragraph (1)(A) may allocate the amounts provided under the grant to—
(i) a private nonprofit organization; or
(ii) a State or local governmental authority that—
(I) is approved by a State to coordinate services for seniors and individuals with disabilities; or
(II) certifies that there are no private nonprofit organizations readily available in the area to provide the services described in paragraph (1)(A).
(3)
(4)
(5)
(A)
(B)
(i) participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and
(ii) participate in the planning for the transportation services described in clause (i).
(6)
(A)
(B)
(C)
(7)
(c)
(1)
(A)
(i) the number of seniors and individuals with disabilities in each such urbanized area; bears to
(ii) the number of seniors and individuals with disabilities in all such urbanized areas.
(B)
(i) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in each State; bears to
(ii) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in all States.
(C)
(i) the number of seniors and individuals with disabilities in rural areas in each State; bears to
(ii) the number of seniors and individuals with disabilities in rural areas in all States.
(2)
(A)
(i) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census;
(ii) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census; and
(iii) funds apportioned under paragraph (1)(C) shall be used for projects serving rural areas.
(B)
(i) for a project serving an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or
(ii) for a project anywhere in the State, if the State has established a statewide program for meeting the objectives of this section.
(C)
(D)
(d)
(1)
(2)
(3)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
(B) may be derived from amounts appropriated or otherwise made available—
(i) to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; or
(ii) to carry out the Federal lands highways program under section 204 1 of title 23.
(4)
(e)
(1)
(2)
(A)
(i) the projects selected by the recipient are included in a locally developed, coordinated public transit-human services transportation plan;
(ii) the plan described in clause (i) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; and
(iii) to the maximum extent feasible, the services funded under this section will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services.
(B)
(f)
(1)
(2)
(3)
(g)
(1) the recipient in possession of the facility or equipment consents to the transfer; and
(2) the facility or equipment will continue to be used as required under this section.
(h)
(1)
(2)
(A) modifications to the geographic coverage of transportation service, the quality of transportation service, or service times that increase the availability of transportation services for seniors and individuals with disabilities;
(B) ridership;
(C) accessibility improvements; and
(D) other measures, as the Secretary determines is appropriate.
(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; Pub. L. 109–59, title III, §§3002(b)(2), 3012(a), Aug. 10, 2005, 119 Stat. 1544, 1589; Pub. L. 112–141, div. B, §20009, July 6, 2012, 126 Stat. 675.)
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 TextThe Americans with Disabilities Act of 1990, referred to in subsec. (b)(1)(B), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Section 204 of title 23, referred to in subsec. (d)(3)(B)(ii), was repealed and a new section 204 was enacted by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473, 489. As enacted by Pub. L. 112–141, section 204 relates to the Federal lands access program.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (h)(1), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Amendments2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to formula grants for special needs of elderly individuals and individuals with disabilities.
2005—Pub. L. 109–59, §3012(a), amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (j) relating to formula grants and loans for special needs of elderly individuals and individuals with disabilities.
Subsec. (h). Pub. L. 109–59, §3002(b)(2), substituted “Public” for “Mass”.
1998—Pub. L. 105–178 substituted “Formula grants” for “Grants” in section catchline.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Elderly Individuals and Individuals With Disabilities Pilot ProgramPub. L. 109–59, title III, §3012(b), Aug. 10, 2005, 119 Stat. 1591, as amended by Pub. L. 111–147, title IV, §437(c), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111–322, title II, §2307(c), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, §307(c), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, §137(c), Sept. 16, 2011, 125 Stat. 354; Pub. L. 112–102, title III, §307(c), Mar. 30, 2012, 126 Stat. 280; Pub. L. 112–140, title III, §307(c), June 29, 2012, 126 Stat. 401; Pub. L. 112–141, div. G, title III, §113007(c), July 6, 2012, 126 Stat. 987, which established a pilot program for certain States to carry out projects for public transportation of elderly individuals and individuals with disabilities, was repealed by Pub. L. 112–141, div. B, §20002(c)(3), July 6, 2012, 126 Stat. 622.
Over-the-Road Bus Accessibility ProgramPub. 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; Pub. L. 108–88, §8(m), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(m), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(m), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(m), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(m), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(m), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(l), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(l), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(l), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(l), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(l), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §3039(a), Aug. 10, 2005, 119 Stat. 1638, which provided for grants to over-the-road bus operators to finance costs associated with bus accessibility for persons with disabilities, was repealed by Pub. L. 112–141, div. B, §20002(b), July 6, 2012, 126 Stat. 622.
1 See References in Text note below.
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