49 U.S.C. § 5310 — Formula grants for the enhanced mobility

Page 293 TITLE 49—TRANSPORTATION § 5310 ble project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law. ‘‘(F) CREDITING OF FUNDS RECEIVED.—Any funds re- ceived by the Federal Government under this para- graph, other than interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived. ‘‘(10) AVAILABILITY OF AMOUNTS.— ‘‘(A) IN GENERAL.—An amount made available for an eligible project shall remain available to that eligible project for 4 fiscal years, including the fiscal year in which the amount is made available. Any amounts that are unobligated to the eligible project at the end of the 4-fiscal-year period may be used by the Sec- retary for any purpose under this subsection. ‘‘(B) USE OF DEOBLIGATED AMOUNTS.—An amount available under this subsection that is deobligated may be used for any purpose under this subsection. ‘‘(11) ANNUAL REPORT ON EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS.—Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropria- tions of the Senate and the Committee on Transpor- tation and Infrastructure and the Committee on Appro- priations of the House of Representatives a report that includes a proposed amount to be available to finance grants for anticipated projects under this subsection. ‘‘(12) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to— ‘‘(A) require the privatization of the operation or maintenance of any project for which an applicant seeks funding under this subsection; ‘‘(B) revise the determinations by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code; ‘‘(C) alter the requirements for locally developed, coordinated, and implemented transportation plans under sections 5303 and 5304 of title 49, United States Code; or ‘‘(D) alter the eligibilities or priorities for assist- ance under this subsection or section 5309 of title 49, United States Code.’’ DEVELOPMENT OF IMPLEMENTATION GUIDANCE Pub. L. 113–235, div. K, title I, § 167, Dec. 16, 2014, 128 Stat. 2720, provided that: ‘‘In developing guidance im- plementing 49 U.S.C. 5309(i) Program of Interrelated Projects, the Secretary shall consider projects eligible under section 5309(h) Small Starts Projects, including streetcars.’’ PILOT PROGRAM FOR EXPEDITED PROJECT DELIVERY Pub. L. 112–141, div. B, § 20008(b), July 6, 2012, 126 Stat. 674, which related to a pilot program for expedited project delivery, was repealed by Pub. L. 114–94, div. A, title III, § 3030(a), Dec. 4, 2015, 129 Stat. 1496. NON-NEW STARTS SHARE OF PUBLIC TRANSPORTATION ELEMENT OF INTERSTATE MULTI-MODAL PROJECTS Pub. L. 111–117, div. A, title I, § 173, Dec. 16, 2009, 123 Stat. 3066, provided that the rating under former sub- sec. (d) of this section of the non-New Starts share of the public transportation element of certain interstate multi-modal projects would be based on the percentage of non-New Starts funds in the unified finance plan. TRANSIT TUNNELS Pub. L. 110–244, title II, § 201(p), June 6, 2008, 122 Stat. 1615, required the Secretary of Transportation to ana- lyze the various benefits of transit tunnels. PUBLIC-PRIVATE PARTNERSHIP PILOT PROGRAM Pub. L. 109–59, title III, § 3011(c), Aug. 10, 2005, 119 Stat. 1588, as amended by Pub. L. 111–147, title IV, § 437(b)(1), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111–322, title II, § 2307(b)(1), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, § 307(b)(1), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, § 137(b)(1), Sept. 16, 2011, 125 Stat. 354; Pub. L. 112–102, title III, § 307(b)(1), Mar. 30, 2012, 126 Stat. 280; Pub. L. 112–140, title III, § 307(b)(1), June 29, 2012, 126 Stat. 401; Pub. L. 112–141, div. G, title III, § 113007(b)(1), July 6, 2012, 126 Stat. 987, which provided for the establishment and implementation of a pilot program to demonstrate the advantages and disadvan- tages of public-private partnerships for certain new fixed guideway capital projects, was repealed by Pub. L. 112–141, div. B, § 20002(c)(2), July 6, 2012, 126 Stat. 622. REPORT TO CONGRESS ON USE OF FUNDS UNDER PUB. L. 105–178 Pub. L. 105–200, title IV, § 403(b), July 16, 1998, 112 Stat. 670, required the Secretary of Transportation to submit a report, no later than 2 years after July 16, 1998, on the use of funds made available under section 3037 of Pub. L. 105–178. DOLLAR VALUE OF MOBILITY IMPROVEMENTS Pub. L. 105–178, title III, § 3010, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 105–206, title IX, § 9009(i), July 22, 1998, 112 Stat. 856, prohibited the consideration of the dollar value of mobility improvements in per- forming certain duties of the Secretary and required the Comptroller General to study and report on the dol- lar value of mobility improvements no later than Jan. 1, 2000. JOB ACCESS AND REVERSE COMMUTE GRANTS Pub. L. 105–178, title III, § 3037, June 9, 1998, 112 Stat. 387, as amended by Pub. L. 105–206, title IX, § 9009(w), July 22, 1998, 112 Stat. 862; Pub. L. 108–88, § 8(l), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108–202, § 9(l), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, § 7(l), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, § 7(l), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, § 7(l), July 30, 2004, 118 Stat. 884; Pub. L. 108–310, § 8(l), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109–14, § 7(k), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, § 7(k), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, § 7(k), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, § 7(k), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, § 7(k), July 28, 2005, 119 Stat. 420, which authorized the Secretary of Transportation to make access to jobs grants and re- verse commute grants to assist qualified entities in fi- nancing eligible projects, was repealed by Pub. L. 109–59, title III, § 3018(c), Aug. 10, 2005, 119 Stat. 1605, ef- fective Oct. 1, 2005. ENCOURAGEMENT OF ADVERSELY AFFECTED INDUSTRIES TO COMPETE FOR CONTRACTS Pub. L. 91–453, § 10, Oct. 15, 1970, 84 Stat. 968, as amended by Pub. L. 102–240, title III, § 3003(b), Dec. 18, 1991, 105 Stat. 2088, encouraged industries adversely af- fected by reductions in Federal Government spending to compete for contracts under former sections 5309 and 5312 of this title. § 5310. Formula grants for the enhanced mobility of seniors and individuals with disabilities (a) DEFINITIONS.—In this section, the following definitions shall apply: (1) RECIPIENT.—The term ‘‘recipient’’ means— (A) a designated recipient or a State that receives a grant under this section directly; or (B) a State or local governmental entity that operates a public transportation serv- ice. (2) SUBRECIPIENT.—The term ‘‘subrecipient’’ means a State or local governmental author- ity, a private nonprofit organization, or an op- erator of public transportation that receives a grant under this section indirectly through a recipient. Page 294 TITLE 49—TRANSPORTATION § 5310 (b) GENERAL AUTHORITY.— (1) GRANTS.—The Secretary may make grants under this section to recipients for— (A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabil- ities when public transportation is insuffi- cient, inappropriate, or unavailable; (B) public transportation projects that ex- ceed the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (C) public transportation projects that im- prove access to fixed route service and de- crease reliance by individuals with disabil- ities on complementary paratransit; and (D) alternatives to public transportation that assist seniors and individuals with dis- abilities with transportation. (2) LIMITATIONS FOR CAPITAL PROJECTS.— (A) AMOUNT AVAILABLE.—The amount available for capital projects under para- graph (1)(A) shall be not less than 55 percent of the funds apportioned to the recipient under this section. (B) ALLOCATION TO SUBRECIPIENTS.—A re- cipient 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 au- thority 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 de- scribed in paragraph (1)(A). (3) ADMINISTRATIVE EXPENSES.—A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. (4) ELIGIBLE CAPITAL EXPENSES.—The acqui- sition of public transportation services is an eligible capital expense under this section. (5) COORDINATION.— (A) DEPARTMENT OF TRANSPORTATION.—To the maximum extent feasible, the Secretary shall coordinate activities under this section with related activities under other Federal departments and agencies. (B) OTHER FEDERAL AGENCIES AND NON- PROFIT ORGANIZATIONS.—A State or local governmental authority or nonprofit organi- zation that receives assistance from Govern- ment sources (other than the Department of Transportation) for nonemergency transpor- tation services shall— (i) participate and coordinate with re- cipients 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) PROGRAM OF PROJECTS.— (A) IN GENERAL.—Amounts made available to carry out this section may be used for transportation projects to assist in pro- viding transportation services for seniors and individuals with disabilities, if such transportation projects are included in a program of projects. (B) SUBMISSION.—A recipient shall annu- ally submit a program of projects to the Sec- retary. (C) ASSURANCE.—The program of projects submitted under subparagraph (B) shall con- tain an assurance that the program provides for the maximum feasible coordination of transportation services assisted under this section with transportation services assisted by other Government sources. (7) MEAL DELIVERY FOR HOMEBOUND INDIVID- UALS.—A public transportation service pro- vider that receives assistance under this sec- tion or section 5311(c) may coordinate and as- sist in regularly providing meal delivery serv- ice for homebound individuals, if the delivery service does not conflict with providing public transportation service or reduce service to public transportation passengers. (c) APPORTIONMENT AND TRANSFERS.— (1) FORMULA.—The Secretary shall apportion amounts made available to carry out this sec- tion as follows: (A) LARGE URBANIZED AREAS.—Sixty per- cent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more individ- uals, as determined by the Bureau of the Census, in the ratio that— (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) SMALL URBANIZED AREAS.—Twenty per- cent of the funds shall be apportioned among the States in the ratio that— (i) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individ- uals, 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 individ- uals, as determined by the Bureau of the Census, in all States. (C) RURAL AREAS.—Twenty percent of the funds shall be apportioned among the States in the ratio that— (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) AREAS SERVED BY PROJECTS.— (A) IN GENERAL.—Except as provided in subparagraph (B)— (i) funds apportioned under paragraph (1)(A) shall be used for projects serving ur- banized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census; Page 295 TITLE 49—TRANSPORTATION § 5310 1 See References in Text note below. (ii) funds apportioned under paragraph (1)(B) shall be used for projects serving ur- banized 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) EXCEPTIONS.—A State may use funds apportioned to the State under subparagraph (B) or (C) of paragraph (1)— (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) LIMITED TO ELIGIBLE PROJECTS.—Any funds transferred pursuant to subparagraph (B) shall be made available only for eligible projects selected under this section. (D) CONSULTATION.—A recipient may trans- fer an amount under subparagraph (B) only after consulting with responsible local offi- cials, publicly owned operators of public transportation, and nonprofit providers in the area for which the amount was origi- nally apportioned. (d) GOVERNMENT SHARE OF COSTS.— (1) CAPITAL PROJECTS.—A grant for a capital project under this section shall be in an amount equal to 80 percent of the net capital costs of the project, as determined by the Sec- retary. (2) OPERATING ASSISTANCE.—A grant made under this section for operating assistance may not exceed an amount equal to 50 percent of the net operating costs of the project, as de- termined by the Secretary. (3) REMAINDER OF NET COSTS.—The remainder of the net costs of a project carried out under this section— (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 appro- priated or otherwise made available— (i) to a department or agency of the Gov- ernment (other than the Department of Transportation) that are eligible to be ex- pended for transportation; or (ii) to carry out the Federal lands high- ways program under section 204 1 of title 23. (4) USE OF CERTAIN FUNDS.—For purposes of paragraph (3)(B)(i), the prohibition under sec- tion 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use of grant funds for matching requirements shall not apply to Federal or State funds to be used for transportation purposes. (e) GRANT REQUIREMENTS.— (1) IN GENERAL.—A grant under this section shall be subject to the same requirements as a grant under section 5307, to the extent the Secretary determines appropriate. (2) CERTIFICATION REQUIREMENTS.— (A) PROJECT SELECTION AND PLAN DEVELOP- MENT.—Before receiving a grant under this section, each recipient shall certify that— (i) the projects selected by the recipient are included in a locally developed, coordi- nated public transit-human services trans- portation plan; (ii) the plan described in clause (i) was developed and approved through a process that included participation by seniors, in- dividuals with disabilities, representatives of public, private, and nonprofit transpor- tation 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 ac- tivities carried out by a recipient of a grant from the Department of Health and Human Services. (B) ALLOCATIONS TO SUBRECIPIENTS.—If a recipient allocates funds received under this section to subrecipients, the recipient shall certify that the funds are allocated on a fair and equitable basis. (f) COMPETITIVE PROCESS FOR GRANTS TO SUB- RECIPIENTS.— (1) AREAWIDE SOLICITATIONS.—A recipient of funds apportioned under subsection (c)(1)(A) may conduct, in cooperation with the appro- priate metropolitan planning organization, an areawide solicitation for applications for grants under this section. (2) STATEWIDE SOLICITATIONS.—A recipient of funds apportioned under subparagraph (B) or (C) of subsection (c)(1) may conduct a state- wide solicitation for applications for grants under this section. (3) APPLICATION.—If the recipient elects to engage in a competitive process, a recipient or subrecipient seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient making the election an application in such form and in accordance with such requirements as the recipient mak- ing the election shall establish. (g) TRANSFERS OF FACILITIES AND EQUIPMENT.— A recipient may transfer a facility or equipment acquired using a grant under this section to any other recipient eligible to receive assistance under this chapter, if— (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) PERFORMANCE MEASURES.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall Page 296 TITLE 49—TRANSPORTATION § 5310 submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives making recommendations on the establish- ment of performance measures for grants under this section. Such report shall be devel- oped in consultation with national nonprofit organizations that provide technical assist- ance and advocacy on issues related to trans- portation services for seniors and individuals with disabilities. (2) MEASURES.—The performance measures to be considered in the report under paragraph (1) shall require the collection of quantitative and qualitative information, as available, con- cerning— (A) modifications to the geographic cov- erage of transportation service, the quality of transportation service, or service times that increase the availability of transpor- tation services for seniors and individuals with disabilities; (B) ridership; (C) accessibility improvements; and (D) other measures, as the Secretary de- termines is appropriate. (i) BEST PRACTICES.—The Secretary shall col- lect from, review, and disseminate to public transportation agencies— (1) innovative practices; (2) program models; (3) new service delivery options; (4) findings from activities under subsection (h); and (5) transit cooperative research program re- ports. (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; Pub. L. 114–94, div. A, title III, § 3006(a), Dec. 4, 2015, 129 Stat. 1462.) 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 sub- section’’)). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 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; re- stated Dec. 18, 1991, Pub. L. 102–240, § 3021(5), (7), 105 Stat. 2110, 2111. 5310(i) ........ 49 App.:1614(g) (re- lated 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 authori- ties’’ are substituted for ‘‘public bodies’’ because of sec- tion 5302(a) of the revised title. In subsection (a), before clause (1), the words ‘‘In ad- dition 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 sur- plus. 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 con- tract, lease, or other arrangement’’ are omitted as sur- plus. 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 ap- propriate’’ 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 Reg- ister 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 Effi- ciency Act of 1991 (Public Law 102–240, 105 Stat. 2110) is applied to 49 App.:1612(e) to carry out the apparent in- tent 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 ‘‘el- derly and handicapped persons’’ for consistency. Editorial Notes REFERENCES IN TEXT The 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. Page 297 TITLE 49—TRANSPORTATION § 5311 Section 204 of title 23, referred to in subsec. (d)(3)(B)(ii), was repealed and a new section 204 was en- acted 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 Trans- portation 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. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–94, § 3006(a)(1), added par. (1) and struck out former par. (1). Prior to amend- ment, text read as follows: ‘‘The term ‘recipient’ means a designated recipient or a State that receives a grant under this section directly.’’ Subsec. (i). Pub. L. 114–94, § 3006(a)(2), added subsec. (i). 2012—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 catch- line and text generally. Prior to amendment, text con- sisted 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. 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 Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. PILOT PROGRAM FOR INNOVATIVE COORDINATED ACCESS AND MOBILITY Pub. L. 114–94, div. A, title III, § 3006(b), 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 Trans- portation] may make grants under this subsection to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that im- prove the coordination of transportation services and nonemergency medical transportation services, includ- ing— ‘‘(A) the deployment of coordination technology; ‘‘(B) projects that create or increase access to com- munity 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 part- ners and their specific role in the eligible project, in- cluding— ‘‘(i) private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; or ‘‘(ii) nonprofit entities engaged in the coordina- tion of nonemergency medical transportation serv- ices for the transportation disadvantaged; ‘‘(C) a description of how the eligible project would— ‘‘(i) improve local coordination or access to co- ordinated 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 de- scription 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 sub- section shall not exceed 80 percent. ‘‘(B) NON-GOVERNMENT SHARE.—The non-Govern- ment 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 sub- section, nonemergency medical transportation services shall be limited to services eligible under Federal pro- grams other than programs authorized under chapter 53 of title 49, United States Code.’’ ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES PILOT PROGRAM Pub. 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 cer- tain States to carry out projects for public transpor- tation of elderly individuals and individuals with dis- abilities, was repealed by Pub. L. 112–141, div. B, § 20002(c)(3), July 6, 2012, 126 Stat. 622. OVER-THE-ROAD BUS ACCESSIBILITY 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; 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 ac- cessibility for persons with disabilities, was repealed by Pub. L. 112–141, div. B, § 20002(b), July 6, 2012, 126 Stat. 622. § 5311. Formula grants for rural areas (a) DEFINITIONS.—As used in this section, the following definitions shall apply: