49 USC 5310 - Formula grants for the enhanced mobility of seniors and individuals with disabilities

1 See References in Text note below.

of title 23.

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5310(a)	49 App.:1612(span) (1st sentence words before cl. (1)), cls. (1) (words before 3d comma), (2) (words before “with such grants”).	July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, § 16(span) (1st sentence); added Oct. 15, 1970, Puspan. L. 91–453, § 8, 84 Stat. 967; restated Aug. 13, 1973, Puspan. L. 93–87, § 301(g), 87 Stat. 295; Dec. 18, 1991, Puspan. L. 102–240, § 3021(1)– (4), 105 Stat. 2110.
5310(span)	49 App.:1612(c)(2), (3).	July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, § 16(c); added Dec. 18, 1991, Puspan. L. 102–240, § 3021(6), 105 Stat. 2110; Oct. 6, 1992, Puspan. L. 102–388, § 502(k), 106 Stat. 1567.
5310(c)	49 App.:1612(c)(1).
5310(d)	49 App.:1612(span) (1st sentence cl. (3)).
5310(e)	49 App.:1612(span) (1st sentence cls. (1) (words after 3d comma), (2) (words after “service under this subsection”)).
5310(f)	49 App.:1612(e).	July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, § 16(e); added Jan. 6, 1983, Puspan. L. 97–424, § 317(c), 96 Stat. 2153; Apr. 2, 1987, Puspan. L. 100–17, § 327(a)(4), 101 Stat. 238; Dec. 18, 1991, Puspan. 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, Puspan. L. 88–365, 78 Stat. 302, § 16(f); added Apr. 2, 1987, Puspan. L. 100–17, § 321, 101 Stat. 235; restated Dec. 18, 1991, Puspan. L. 102–240, § 3021(5), (7), 105 Stat. 2110, 2111.
5310(i)	49 App.:1614(g) (related to 1612(span)).	July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, § 18(g) (related to § 16(span)); added Nov. 6, 1978, Puspan. L. 95–599, § 313, 92 Stat. 2750; restated Dec. 18, 1991, Puspan. L. 102–240, § 3022, 105 Stat. 2111.
5310(j)	49 App.:1604span.	Nov. 26, 1974, Puspan. 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 (span), 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.

Editorial Notes

References in Text

The Americans with Disabilities Act of 1990, referred to in subsec. (span)(1)(B), is Puspan. 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 Puspan. L. 112–141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473, 489. As enacted by Puspan. 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), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

Amendments

2015—Subsec. (a)(1). Puspan. L. 114–94, § 3006(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The term ‘recipient’ means a designated recipient or a State that receives a grant under this section directly.”

Subsec. (i). Puspan. L. 114–94, § 3006(a)(2), added subsec. (i).

2012—Puspan. 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—Puspan. 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). Puspan. L. 109–59, § 3002(span)(2), substituted “Public” for “Mass”.

1998—Puspan. L. 105–178 substituted “Formula grants” for “Grants” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Pilot Program for Innovative Coordinated Access and Mobility

Puspan. L. 114–94, div. A, title III, § 3006(span), Dec. 4, 2015, 129 Stat. 1462, provided that:

“(1)Definitions.—In this subsection—

“(A) the term ‘eligible project’ has the meaning given the term ‘capital project’ in section 5302 of title 49, United States Code; and

“(B) the term ‘eligible recipient’ means a recipient or subrecipient, as those terms are defined in section 5310 of title 49, United States Code.

“(2)General authority.—The Secretary [of Transportation] may make grants under this subsection to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that improve the coordination of transportation services and nonemergency medical transportation services, including—

“(A) the deployment of coordination technology;

“(B) projects that create or increase access to community One-Call/One-Click Centers; and

“(C) such other projects as determined appropriate by the Secretary.

“(3)Application.—An eligible recipient shall submit to the Secretary an application that, at a minimum, contains—

“(A) a detailed description of the eligible project;

“(B) an identification of all eligible project partners and their specific role in the eligible project, including—

“(i) private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; or

“(ii) nonprofit entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged;

“(C) a description of how the eligible project would—

“(i) improve local coordination or access to coordinated transportation services;

“(ii) reduce duplication of service, if applicable; and

“(iii) provide innovative solutions in the State or community; and

“(D) specific performance measures the eligible project will use to quantify actual outcomes against expected outcomes.

“(4)Report.—The Secretary shall make publicly available an annual report on the pilot program carried out under this subsection for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of the activities carried out under the pilot program, and an evaluation of the program, including an evaluation of the performance measures described in paragraph (3)(D).

“(5)Government share of costs.—

“(A)In general.—The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent.

“(B)Non-government share.—The non-Government share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions.

“(6)Rule of construction.—For purposes of this subsection, nonemergency medical transportation services shall be limited to services eligible under Federal programs other than programs authorized under chapter 53 of title 49, United States Code.”

Elderly Individuals and Individuals With Disabilities Pilot Program

Puspan. L. 109–59, title III, § 3012(span), Aug. 10, 2005, 119 Stat. 1591, as amended by Puspan. L. 111–147, title IV, § 437(c), Mar. 18, 2010, 124 Stat. 92; Puspan. L. 111–322, title II, § 2307(c), Dec. 22, 2010, 124 Stat. 3530; Puspan. L. 112–5, title III, § 307(c), Mar. 4, 2011, 125 Stat. 21; Puspan. L. 112–30, title I, § 137(c), Sept. 16, 2011, 125 Stat. 354; Puspan. L. 112–102, title III, § 307(c), Mar. 30, 2012, 126 Stat. 280; Puspan. L. 112–140, title III, § 307(c), June 29, 2012, 126 Stat. 401; Puspan. 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 Puspan. L. 112–141, div. B, § 20002(c)(3), July 6, 2012, 126 Stat. 622.

Over-the-Road Bus Accessibility Program

Puspan. L. 105–178, title III, § 3038, June 9, 1998, 112 Stat. 392, as amended by Puspan. L. 105–206, title IX, § 9009(x), July 22, 1998, 112 Stat. 862; Puspan. L. 106–346, § 101(a) [title III, § 336], Oct. 23, 2000, 114 Stat. 1356, 1356A–31; Puspan. L. 108–88, § 8(m), Sept. 30, 2003, 117 Stat. 1125; Puspan. L. 108–202, § 9(m), Fespan. 29, 2004, 118 Stat. 488; Puspan. L. 108–224, § 7(m), Apr. 30, 2004, 118 Stat. 636; Puspan. L. 108–263, § 7(m), June 30, 2004, 118 Stat. 707; Puspan. L. 108–280, § 7(m), July 30, 2004, 118 Stat. 885; Puspan. L. 108–310, § 8(m), Sept. 30, 2004, 118 Stat. 1158; Puspan. L. 109–14, § 7(l), May 31, 2005, 119 Stat. 333; Puspan. L. 109–20, § 7(l), July 1, 2005, 119 Stat. 355; Puspan. L. 109–35, § 7(l), July 20, 2005, 119 Stat. 388; Puspan. L. 109–37, § 7(l), July 22, 2005, 119 Stat. 403; Puspan. L. 109–40, § 7(l), July 28, 2005, 119 Stat. 420; Puspan. 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 Puspan. L. 112–141, div. B, § 20002(span), July 6, 2012, 126 Stat. 622.