§ 5302. Definitions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(d) · 108 Stat. 745

   Enacted · 49 U.S.C. § 5302

   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 786

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 786

   Enacted provision · exact public law section
   (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1994

   Department of Transportation and Related Agencies Appropriations Act, 1995

   Pub. L. 103–331 § 335A · 108 Stat. 2471

   1. Amended · 49 U.S.C. § 5302(a)(1)

      Pub. L. 103–331, § 335A, as amended by Pub. L. 104–287

   2. Inserted · 49 U.S.C. § 5302(a)(1)

      Pub. L. 103–331, § 335A, as inserted “payments for the capital portions of rail trackage rights agreements,” after “rights of way),”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–331, § 335A, as amended by Pub. L. 104–287, inserted “payments for the capital portions of rail trackage rights agreements,” after “rights of way),”.

   Enacted provision · exact public law section
   Sec. 335A. Section 5302(a)(1) of title 49, United States Code, is amended by inserting “payments for the capital portions of rail trackage rights agreements,” after “rights-of-way,”.

3. 1995

   Pub. L. 104–50 § 333(a)(1) · 109 Stat. 436

   1. Amended · 49 U.S.C. § 5302(a)(1)(B)

      Pub. L. 104–50, § 333(a)(1), as amended by Pub. L. 105–102, § 3(a)(1)

   2. Struck · 49 U.S.C. § 5302(a)(1)(B)

      Pub. L. 104–50, § 333(a)(1), as struck out “that extends the economic life of a bus for at least 5 years” after “rehabilitating a bus”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 104–50, § 333(a)(1), as amended by Pub. L. 105–102, § 3(a)(1), struck out “that extends the economic life of a bus for at least 5 years” after “rehabilitating a bus”.

   Enacted provision · exact public law section
   (1) in subparagraph (B), “that extends the economic life of the bus for at least 5 years”; and

4. 1995

   Pub. L. 104–50 § 333(a)(2) · 109 Stat. 436

   1. Amended · 49 U.S.C. § 5302(a)(1)(C)

      Pub. L. 104–50, § 333(a)(2), as amended by Pub. L. 105–102, § 3(a)(2)

   2. Struck · 49 U.S.C. § 5302(a)(1)(C)

      Pub. L. 104–50, § 333(a)(2), as struck out “that extends the economic life of a bus for at least 8 years” after “remanufacturing a bus”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(C). Pub. L. 104–50, § 333(a)(2), as amended by Pub. L. 105–102, § 3(a)(2), struck out “that extends the economic life of a bus for at least 8 years” after “remanufacturing a bus”.

   Enacted provision · exact public law section
   (2) in subparagraph (C), “that extends the economic life of the bus for at least 8 years”.

5. 1996

   Pub. L. 104–287 § 6(c) · 110 Stat. 3388

   Changed · 49 U.S.C. § 5302(a)(1)

   Pub. L. 104–287 made technical correction to directory language of Pub. L. 103–331, § 335A. See 1994 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 104–287 made technical correction to directory language of Pub. L. 103–331, § 335A. See 1994 Amendment note below.

   Enacted provision · exact public law section
   (6) In section 702, strike “the effective date of such Act” and substitute “January 1, 1996”.

6. 1997

   Pub. L. 105–102 § 3(a) · 111 Stat. 2204

   Changed · 49 U.S.C. § 5302(a)(1)(B); 49 U.S.C. § 5302(a)(1)(C)

   Pub. L. 105–102 made technical correction to directory language of Pub. L. 104–50, § 333(a). See 1995 Amendment notes below

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B), (C). Pub. L. 105–102 made technical correction to directory language of Pub. L. 104–50, § 333(a). See 1995 Amendment notes below.

   Enacted provision · exact public law section
   (a) Effective November 15, 1995, section 333(a)(1) and (2) of the Department of Transportation and Related Agencies Appropriations 49 USC 5302 note, 5302. Act, 1996 (Public Law 104–50; 109 Stat. 457) is amended to read as follows: “(1) in subparagraph (B) ‘that extends the economic life of a bus for at least 5 years’; and “(2) in subparagraph (C), ‘that extends the economic life of a bus for at least 8 years’.”.

7. 1998

   Federal Transit Act of 1998

   Pub. L. 105–178 § 3003(a) · 112 Stat. 107

   1. Amended · 49 U.S.C. § 5302

      Pub. L. 105–178, § 3003(a), formerly § 3003, as renumbered by Pub. L. 105–206, § 9009(a)(1), amended section generally, revising and restating existing definitions

   2. Added · 49 U.S.C. § 5302

      Pub. L. 105–178, § 3003(a), formerly § 3003, as renumbered by Pub. L. 105–206, § 9009(a)(1), adding new pars. defining additional terms

   Source evidence

   Code amendment note
   Pub. L. 105–178, § 3003(a), formerly § 3003, as renumbered by Pub. L. 105–206, § 9009(a)(1), amended section generally, revising and restating existing definitions and adding new pars. defining additional terms.

   Enacted provision · exact public law section
   SEC. 3003. DEFINITIONS. Section 5302 is amended to read as follows: “§ 5302. Definitions “(a) In general.— In this chapter, the following definitions apply: “(1) Capital project.— The term ‘capital project’ means a project for— “(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in mass transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capitalportions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; “(B) rehabilitating a bus; “(C) remanufacturing a bus; “(D) overhauling rail rolling stock; “(E) preventive maintenance; “(F) leasing equipment or a facility for use in mass transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction; “(G) a mass transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a mass transportation facility, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a mass transportation project and is related physically or functionally to that mass transportation project, or establishes new or enhanced coordination between mass transportation and other transportation, and provides a fair share of revenue for mass transportation that will be used for mass transportation— “(i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare and health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and “(ii) excluding construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation; “(H) the introduction of new technology, through innovative and improved products, into mass transportation; or “(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311. “(2) Chief executive officer of a state.— The term ‘chief executive officer of a State’ includes the designee of the chief executive officer. “(3) Emergency regulation.— The term ‘emergency regulation’ means a regulation— “(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(b); and “(B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation— “(i) would injure seriously an important public interest; “(ii) would frustrate substantially legislative policy and intent; or “(iii) would damage seriously a person or class without serving an important public interest. “(4) Fixed guideway.— The term ‘fixed guideway’ means a mass transportation facility— “(A) using and occupying a separate right-of-way or rail for the exclusive use of mass transportation and other high occupancy vehicles; or “(B) using a fixed catenary system and a right-of-way usable by other forms of transportation. “(5) Handicapped individual.— The term ‘handicapped individual’ means an individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use effectively, without special facilities, planning, or design, mass transportation service or a mass transportation facility. “(6) Local governmental authority.— The term ‘local governmental authority’ includes— “(A) a political subdivision of a State; “(B) an authority of at least 1 State or political subdivision of a State; “(C) an Indian tribe; and “(D) a public corporation, board, or commission established under the laws of a State. “(7) Mass transportation.— The term ‘mass transportation’ means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation. “(8) Net project cost.— The term ‘net project cost’ means the part of a project that reasonably cannot be financed from revenues. “(9) New bus model.— The term ‘new bus model’ means a bus model (including a model using alternative fuel)— “(A) that has not been used in mass transportation in the United States before the date of production of the model; or “(B) used in mass transportation in the United States, but being produced with a major change in configuration or components. “(10) Public transportation.— The term ‘public transportation’ means mass transportation. “(11) Regulation.— The term “regulation’ means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter. “(12) Secretary.— The term ‘Secretary’ means the Secretary of Transportation. “(13) State.— The term ‘State’ means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. “(14) Transit.— The term ‘transit’ means mass transportation. “(15) Transit enhancement.— The term ‘transit enhancement’ means, with respect to any project or an area to be served by a project, projects that are designed to enhance mass transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are— “(A) historic preservation, rehabilitation, and operation of historic mass transportation buildings, structures, and facilities (including historic bus and railroad facilities); “(B) bus shelters; “(C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights; “(D) public art; “(E) pedestrian access and walkways; “(F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on mass transportation vehicles; “(G) transit connections to parks within the recipient’s transit service area; “(H) signage; and “(I) enhanced access for persons with disabilities to mass transportation. “(16) Urban area.— The term ‘urban area’ means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local mass transportation system to serve individuals in the locality. “(17) Urbanized area.— The term ‘urbanized area’ means an area— “(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and “(B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary. “(b) Authority To Modify ‘Handicapped Individual’.— The Secretary may by regulation modify the definition of the term ‘handicapped individual’ in subsection (a)(5) as it applies to section 5307(d)(1)(D).”.

8. 1998

   Federal Transit Act of 1998

   Pub. L. 105–178 § 3003(b) · 112 Stat. 107

   1. Added · 49 U.S.C. § 5302(a)(1)(G)(i)

      Pub. L. 105–178, § 3003(b), as added by Pub. L. 105–206, § 9009(a)(2)

   2. Substituted · 49 U.S.C. § 5302(a)(1)(G)(i)

      Pub. L. 105–178, § 3003(b), as substituted “daycare or” for “daycare and”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(G)(i). Pub. L. 105–178, § 3003(b), as added by Pub. L. 105–206, § 9009(a)(2), substituted “daycare or” for “daycare and”.

   Enacted provision · exact public law section
   SEC. 3003. DEFINITIONS. Section 5302 is amended to read as follows: “§ 5302. Definitions “(a) In general.— In this chapter, the following definitions apply: “(1) Capital project.— The term ‘capital project’ means a project for— “(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in mass transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capitalportions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; “(B) rehabilitating a bus; “(C) remanufacturing a bus; “(D) overhauling rail rolling stock; “(E) preventive maintenance; “(F) leasing equipment or a facility for use in mass transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction; “(G) a mass transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a mass transportation facility, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a mass transportation project and is related physically or functionally to that mass transportation project, or establishes new or enhanced coordination between mass transportation and other transportation, and provides a fair share of revenue for mass transportation that will be used for mass transportation— “(i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare and health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and “(ii) excluding construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation; “(H) the introduction of new technology, through innovative and improved products, into mass transportation; or “(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311. “(2) Chief executive officer of a state.— The term ‘chief executive officer of a State’ includes the designee of the chief executive officer. “(3) Emergency regulation.— The term ‘emergency regulation’ means a regulation— “(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(b); and “(B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation— “(i) would injure seriously an important public interest; “(ii) would frustrate substantially legislative policy and intent; or “(iii) would damage seriously a person or class without serving an important public interest. “(4) Fixed guideway.— The term ‘fixed guideway’ means a mass transportation facility— “(A) using and occupying a separate right-of-way or rail for the exclusive use of mass transportation and other high occupancy vehicles; or “(B) using a fixed catenary system and a right-of-way usable by other forms of transportation. “(5) Handicapped individual.— The term ‘handicapped individual’ means an individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use effectively, without special facilities, planning, or design, mass transportation service or a mass transportation facility. “(6) Local governmental authority.— The term ‘local governmental authority’ includes— “(A) a political subdivision of a State; “(B) an authority of at least 1 State or political subdivision of a State; “(C) an Indian tribe; and “(D) a public corporation, board, or commission established under the laws of a State. “(7) Mass transportation.— The term ‘mass transportation’ means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation. “(8) Net project cost.— The term ‘net project cost’ means the part of a project that reasonably cannot be financed from revenues. “(9) New bus model.— The term ‘new bus model’ means a bus model (including a model using alternative fuel)— “(A) that has not been used in mass transportation in the United States before the date of production of the model; or “(B) used in mass transportation in the United States, but being produced with a major change in configuration or components. “(10) Public transportation.— The term ‘public transportation’ means mass transportation. “(11) Regulation.— The term “regulation’ means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter. “(12) Secretary.— The term ‘Secretary’ means the Secretary of Transportation. “(13) State.— The term ‘State’ means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. “(14) Transit.— The term ‘transit’ means mass transportation. “(15) Transit enhancement.— The term ‘transit enhancement’ means, with respect to any project or an area to be served by a project, projects that are designed to enhance mass transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are— “(A) historic preservation, rehabilitation, and operation of historic mass transportation buildings, structures, and facilities (including historic bus and railroad facilities); “(B) bus shelters; “(C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights; “(D) public art; “(E) pedestrian access and walkways; “(F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on mass transportation vehicles; “(G) transit connections to parks within the recipient’s transit service area; “(H) signage; and “(I) enhanced access for persons with disabilities to mass transportation. “(16) Urban area.— The term ‘urban area’ means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local mass transportation system to serve individuals in the locality. “(17) Urbanized area.— The term ‘urbanized area’ means an area— “(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and “(B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary. “(b) Authority To Modify ‘Handicapped Individual’.— The Secretary may by regulation modify the definition of the term ‘handicapped individual’ in subsection (a)(5) as it applies to section 5307(d)(1)(D).”.

9. 2005

   Federal Public Transportation Act of 2005

   Pub. L. 109–59 § 3004(a) · 119 Stat. 1144

   Substituted · 49 U.S.C. § 5302(a)

   Pub. L. 109–59, § 3004(a), substituted “Except as otherwise specifically provided, in this chapter” for “In this chapter” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–59, § 3004(a), substituted “Except as otherwise specifically provided, in this chapter” for “In this chapter” in introductory provisions.

   Enacted provision · exact public law section
   (a) Lead-in.— Section 5302(a) is amended in the matter preceding paragraph (1) by striking “In this chapter” and inserting “Except as otherwise specifically provided, in this chapter”.

10. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5302(a)(1)(A); 49 U.S.C. § 5302(a)(1)(F)

    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A), (F). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.

    Enacted provision · exact public law section
    (4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).

11. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3004(b)(1) · 119 Stat. 1144

    Inserted · 49 U.S.C. § 5302(a)(1)(G)

    Pub. L. 109–59, § 3004(b)(1), inserted “construction, renovation, and improvement of intercity bus and intercity rail stations and terminals,” after “public transportation facility,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1)(G). Pub. L. 109–59, § 3004(b)(1), inserted “construction, renovation, and improvement of intercity bus and intercity rail stations and terminals,” after “public transportation facility,” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subparagraph (G) by inserting “construction, renovation, and improvement of intercity bus and intercity rail stations and terminals,” before “and the renovation and improvement of historic transportation facilities,”;

12. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5302(a)(1)(G)

    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing in introductory provisions.

    Enacted provision · exact public law section
    (4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).

13. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3004(b)(2) · 119 Stat. 1144

    Inserted · 49 U.S.C. § 5302(a)(1)(G)(ii)

    Pub. L. 109–59, § 3004(b)(2), inserted “(other than an intercity bus station or terminal)” after “commercial revenue-producing facility”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(G)(ii). Pub. L. 109–59, § 3004(b)(2), inserted “(other than an intercity bus station or terminal)” after “commercial revenue-producing facility”.

    Enacted provision · exact public law section
    (2) in subparagraph (G)(ii) by inserting “(other than an intercity bus station or terminal)” after “commercial revenue-producing facility”;

14. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5302(a)(1)(G)(ii)

    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.

    Enacted provision · exact public law section
    (4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).

15. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5302(a)(1)(H)

    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(H). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.

    Enacted provision · exact public law section
    (4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).

16. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3004(b)(3) · 119 Stat. 1144

    Added · 49 U.S.C. § 5302(a)(1)(J)(L)

    Pub. L. 109–59, § 3004(b)(3)–(5), added subpars. (J) to (L)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(J) to (L). Pub. L. 109–59, § 3004(b)(3)–(5), added subpars. (J) to (L).

    Enacted provision · exact public law section
    (3) in subparagraph (H) by striking “or” at the end;

17. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5302(a)(4)

    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in introductory provisions and subpar. (A)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in introductory provisions and subpar. (A).

    Enacted provision · exact public law section
    (4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).

18. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3004(c) · 119 Stat. 1144

    1. Substituted · 49 U.S.C. § 5302(a)(5)

       Pub. L. 109–59, § 3004(c), substituted “Individual with a disability” for “Handicapped individual” in text

    2. Substituted · 49 U.S.C. § 5302(a)(5)

       Pub. L. 109–59, § 3004(c), substituted “individual with a disability” for “handicapped individual” in text

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 109–59, § 3004(c), substituted “Individual with a disability” for “Handicapped individual” in heading and “individual with a disability” for “handicapped individual” in text.

    Enacted provision · exact public law section
    (c) Individual With a Disability.— Section 5302(a)(5) is amended— (1) in the paragraph heading by striking “Handicapped individual” and inserting “Individual with a disability”; and (2) by striking “handicapped individual” and inserting “individual with a disability”.

19. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5302(a)(5)

    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places.

    Enacted provision · exact public law section
    (4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).

20. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3004(d) · 119 Stat. 1144

    Amended · 49 U.S.C. § 5302(a)(7)

    Pub. L. 109–59, § 3004(d), amended heading and text of par. (7) generally. Prior to amendment, text read as follows: “The term ‘mass transportation’ means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation.”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 109–59, § 3004(d), amended heading and text of par. (7) generally. Prior to amendment, text read as follows: “The term ‘mass transportation’ means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation.”

    Enacted provision · exact public law section
    (d) Mass Transportation.— Section 5302(a)(7) is amended to read as follows: “(7) Mass transportation.— The term ‘mass transportation’ means public transportation.” .

21. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5302(a)(9)

    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in subpars. (A) and (B).

    Enacted provision · exact public law section
    (4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).

22. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3004(e) · 119 Stat. 1144

    Amended · 49 U.S.C. § 5302(a)(10)

    Pub. L. 109–59, § 3004(e), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: “The term ‘public transportation’ means mass transportation.”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 109–59, § 3004(e), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: “The term ‘public transportation’ means mass transportation.”

    Enacted provision · exact public law section
    (e) Public Transportation.— Section 5302(a)(10) is amended to read as follows: “(10) Public transportation.— The term ‘public transportation’ means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, or intercity bus transportation or intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity).” .

23. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144

    Substituted · 49 U.S.C. § 5302(a)(14)(16)

    Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(14) to (16). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.

    Enacted provision · exact public law section
    (4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).

24. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3004(f) · 119 Stat. 1144

    Amended · 49 U.S.C. § 5302(a)(17)

    Pub. L. 109–59, § 3004(f), reenacted heading without change and amended text of par. (17) generally. Prior to amendment, text read as follows: “The term ‘urbanized area’ means an area—

    Source evidence

    Code amendment note
    Subsec. (a)(17). Pub. L. 109–59, § 3004(f), reenacted heading without change and amended text of par. (17) generally. Prior to amendment, text read as follows: “The term ‘urbanized area’ means an area—

    “(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and “(B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary.”

    Enacted provision · exact public law section
    (f) Urbanized Area.— Section 5302(a)(17) is amended to read as follows: “(17) Urbanized area.— The term ‘urbanized area’ means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an ‘urbanized area’ by the Secretary of Commerce.” .

25. 2005

    Federal Public Transportation Act of 2005

    Pub. L. 109–59 § 3004(g) · 119 Stat. 1144

    1. Substituted · 49 U.S.C. § 5302(b)

       Pub. L. 109–59, § 3004(g), substituted “Individual With a Disability” for “Handicapped Individual” in text

    2. Substituted · 49 U.S.C. § 5302(b)

       Pub. L. 109–59, § 3004(g), substituted “individual with a disability” for “handicapped individual” in text

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–59, § 3004(g), substituted “Individual With a Disability” for “Handicapped Individual” in heading and “individual with a disability” for “handicapped individual” in text.

    Enacted provision · exact public law section
    (g) Authority to Modify Definition.— Section 5302(b) is amended— (1) in the subsection heading by striking “Handicapped Individual” and inserting “Individual With a Disability”; and (2) by striking “handicapped individual” and inserting “individual with a disability”.

26. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 title II § 201(a) · 122 Stat. 1572

    Substituted · 49 U.S.C. § 5302(a)(10)

    Pub. L. 110–244 substituted “charter, sightseeing,” for “charter,”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 110–244 substituted “charter, sightseeing,” for “charter,”.

    Enacted provision · exact public law section
    (a) Section 5302.— Section 5302(a)(10) of title 49, United States Code, is amended by striking “charter,” and inserting “charter, sightseeing,”.

27. 2012

    Federal Public Transportation Act of 2012

    Pub. L. 112–141 div. B § 20004 · 126 Stat. 405

    1. Amended · 49 U.S.C. § 5302

       Pub. L. 112–141 amended section generally

    2. Substituted · 49 U.S.C. § 5302

       Pub. L. 112–141 substituting pars. (1) to (23) for former provisions defining terms for this chapter consisting of subsecs. (a) and (b)

    Source evidence

    Code amendment note
    Pub. L. 112–141 amended section generally, substituting pars. (1) to (23) for former provisions defining terms for this chapter consisting of subsecs. (a) and (b).

    Enacted provision · exact public law section
    SEC. 20004. DEFINITIONS.   Section 5302 of title 49, United States Code, is amended to read as follows: “§ 5302. Definitions   “Except as otherwise specifically provided, in this chapter the following definitions apply: “(1) Associated transit improvement.— The term ‘associated transit improvement’ means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are— “(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service; “(B) bus shelters; “(C) landscaping and streetscaping, including benches, trash receptacles, and street lights; “(D) pedestrian access and walkways; “(E) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on public transportation vehicles; “(F) signage; or “(G) enhanced access for persons with disabilities to public transportation. “(2) Bus rapid transit system.— The term ‘bus rapid transit system’ means a bus transit system— “(A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and “(B) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including— “(i) defined stations; “(ii) traffic signal priority for public transportation vehicles; “(iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and “(iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems. “(3) Capital project.— The term ‘capital project’ means a project for— “(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; “(B) rehabilitating a bus; “(C) remanufacturing a bus; “(D) overhauling rail rolling stock; “(E) preventive maintenance; “(F) leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction; “(G) a joint development improvement that— “(i) enhances economic development or incorporates private investment, such as commercial and residential development; “(ii) (I) enhances the effectiveness of public transportation and is related physically or functionally to public transportation; or “(II) establishes new or enhanced coordination between public transportation and other transportation; “(iii) provides a fair share of revenue that will be used for public transportation; “(iv) provides that a person making an agreement to occupy space in a facility constructed under this paragraph shall pay a fair share of the costs of the facility through rental payments and other means; “(v) may include— “(I) property acquisition; “(II) demolition of existing structures; “(III) site preparation; “(IV) utilities; “(V) building foundations; “(VI) walkways; “(VII) pedestrian and bicycle access to a public transportation facility; “(VIII) construction, renovation, and improvement of intercity bus and intercity rail stations and terminals; “(IX) renovation and improvement of historic transportation facilities; “(X) open space; “(XI) safety and security equipment and facilities (including lighting, surveillance, and related intelligent transportation system applications); “(XII) facilities that incorporate community services such as daycare or health care; “(XIII) a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; and “(XIV) construction of space for commercial uses; and “(vi) does not include outfitting of commercial space (other than an intercity bus or rail station or terminal) or a part of a public facility not related to public transportation; “(H) the introduction of new technology, through innovative and improved products, into public transportation; “(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311; “(J) establishing a debt service reserve, made up of deposits with a bondholder’s trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; “(K) mobility management— “(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but “(ii) excluding operating public transportation services; or “(L) associated capital maintenance, including— “(i) equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and “(ii) reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used. “(4) Designated recipient.— The term ‘designated recipient’ means— “(A) an entity designated, in accordance with the planning process under sections 5303 and 5304, by the Governor of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 to urbanized areas of 200,000 or more in population; or “(B) a State or regional authority, if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation. “(5) Disability.— The term ‘disability’ has the same meaning as in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). “(6) Emergency regulation.— The term ‘emergency regulation’ means a regulation— “(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(c); and “(B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation— “(i) would injure seriously an important public interest; “(ii) would frustrate substantially legislative policy and intent; or “(iii) would damage seriously a person or class without serving an important public interest. “(7) Fixed guideway.— The term ‘fixed guideway’ means a public transportation facility— “(A) using and occupying a separate right-of-way for the exclusive use of public transportation; “(B) using rail; “(C) using a fixed catenary system; “(D) for a passenger ferry system; or “(E) for a bus rapid transit system. “(8) Governor.— The term ‘Governor’— “(A) means the Governor of a State, the mayor of the District of Columbia, and the chief executive officer of a territory of the United States; and “(B) includes the designee of the Governor. “(9) Job access and reverse commute project.— “(A) In general.— The term ‘job access and reverse commute project’ means a transportation project to finance planning, capital, and operating costs that support the development and maintenance of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment, including transportation projects that facilitate the provision of public transportation services from urbanized areas and rural areas to suburban employment locations. “(B) Definitions.— In this paragraph: “(i) Eligible low-income individual.— The term ‘eligible low-income individual’ means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. “(ii) Welfare recipient.— The term ‘welfare recipient’ means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) at any time during the 3-year period before the date on which the applicant applies for a grant under section 5307 or 5311. “(10) Local governmental authority.— The term ‘local governmental authority’ includes— “(A) a political subdivision of a State; “(B) an authority of at least 1 State or political subdivision of a State; “(C) an Indian tribe; and “(D) a public corporation, board, or commission established under the laws of a State. “(11) Low-income individual.— The term ‘low-income individual’ means an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section, for a family of the size involved. “(12) Net project cost.— The term ‘net project cost’ means the part of a project that reasonably cannot be financed from revenues. “(13) New bus model.— The term ‘new bus model’ means a bus model (including a model using alternative fuel)— “(A) that has not been used in public transportation in the United States before the date of production of the model; or “(B) used in public transportation in the United States, but being produced with a major change in configuration or components. “(14) Public transportation.— The term ‘public transportation’— “(A) means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and “(B) does not include— “(i) intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity); “(ii) intercity bus service; “(iii) charter bus service; “(iv) school bus service; “(v) sightseeing service; “(vi) courtesy shuttle service for patrons of one or more specific establishments; or “(vii) intra-terminal or intra-facility shuttle services. “(15) Regulation.— The term ‘regulation’ means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter. “(16) Rural area.— The term ‘rural area’ means an area encompassing a population of less than 50,000 people that has not been designated in the most recent decennial census as an ‘urbanized area’ by the Secretary of Commerce. “(17) Secretary.— The term ‘Secretary’ means the Secretary of Transportation. “(18) Senior.— The term ‘senior’ means an individual who is 65 years of age or older. “(19) State.— The term ‘State’ means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. “(20) State of good repair.— The term ‘state of good repair’ has the meaning given that term by the Secretary, by rule, under section 5326(b). “(21) Transit.— The term ‘transit’ means public transportation. “(22) Urban area.— The term ‘urban area’ means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality. “(23) Urbanized area.— The term ‘urbanized area’ means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an ‘urbanized area’ by the Secretary of Commerce.” .

28. 2015

    Federal Public Transportation Act of 2015

    Pub. L. 114–94 § 3002(1)(A) · 129 Stat. 1312

    Inserted · 49 U.S.C. § 5302(1)(C)

    Pub. L. 114–94, § 3002(1)(A), inserted “functional” before “landscaping and”

    Source evidence

    Code amendment note
    Par. (1)(C). Pub. L. 114–94, § 3002(1)(A), inserted “functional” before “landscaping and”.

    Enacted provision · exact public law section
    (A) in subparagraph (C) by inserting “functional” before “landscaping and”; and

    Effective date note
    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.

29. 2015

    Federal Public Transportation Act of 2015

    Pub. L. 114–94 § 3002(1)(B) · 129 Stat. 1312

    Substituted · 49 U.S.C. § 5302(1)(E)

    Pub. L. 114–94, § 3002(1)(B), substituted “bicycle storage shelters and parking facilities and the installation of equipment” for “bicycle storage facilities and installing equipment”

    Source evidence

    Code amendment note
    Par. (1)(E). Pub. L. 114–94, § 3002(1)(B), substituted “bicycle storage shelters and parking facilities and the installation of equipment” for “bicycle storage facilities and installing equipment”.

    Enacted provision · exact public law section
    (B) in subparagraph (E) by striking “bicycle storage facilities and installing equipment” and inserting “bicycle storage shelters and parking facilities and the installation of equipment”;

    Effective date note
    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.

30. 2015

    Federal Public Transportation Act of 2015

    Pub. L. 114–94 § 3002(2)(A) · 129 Stat. 1312

    1. Added · 49 U.S.C. § 5302(3)(F)

       Pub. L. 114–94, § 3002(2)(A), added subpar. (F)

    2. Struck · 49 U.S.C. § 5302(3)(F)

       Pub. L. 114–94, § 3002(2)(A), struck out former subpar. (F), which read as follows: “leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;”

    Source evidence

    Code amendment note
    Par. (3)(F). Pub. L. 114–94, § 3002(2)(A), added subpar. (F) and struck out former subpar. (F), which read as follows: “leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;”.

    Enacted provision · exact public law section
    (A) by striking subparagraph (F) and inserting the following: “(F) leasing equipment or a facility for use in public transportation;” ;

    Effective date note
    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.

31. 2015

    Federal Public Transportation Act of 2015

    Pub. L. 114–94 § 3002(2)(B)(i) · 129 Stat. 1312

    Inserted · 49 U.S.C. § 5302(3)(G)(iv)

    Pub. L. 114–94, § 3002(2)(B)(i), inserted “and” at end

    Source evidence

    Code amendment note
    Par. (3)(G)(iv). Pub. L. 114–94, § 3002(2)(B)(i), inserted “and” at end.

    Enacted provision · exact public law section
    (i) in clause (iv) by adding “and” at the end;

    Effective date note
    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.

32. 2015

    Federal Public Transportation Act of 2015

    Pub. L. 114–94 § 3002(2)(B)(ii) · 129 Stat. 1312

    Struck · 49 U.S.C. § 5302(3)(G)(v)(XIV)

    Pub. L. 114–94, § 3002(2)(B)(ii), struck out “and” at end

    Source evidence

    Code amendment note
    Par. (3)(G)(v)(XIV). Pub. L. 114–94, § 3002(2)(B)(ii), struck out “and” at end.

    Enacted provision · exact public law section
    (ii) in clause (v) by striking “and” at the end; and

    Effective date note
    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.

33. 2015

    Federal Public Transportation Act of 2015

    Pub. L. 114–94 § 3002(2)(B)(iii) · 129 Stat. 1312

    Struck · 49 U.S.C. § 5302(3)(G)(vi)

    Pub. L. 114–94, § 3002(2)(B)(iii), struck out cl. (vi), which read as follows: “does not include outfitting of commercial space (other than an intercity bus or rail station or terminal) or a part of a public facility not related to public transportation;”

    Source evidence

    Code amendment note
    Par. (3)(G)(vi). Pub. L. 114–94, § 3002(2)(B)(iii), struck out cl. (vi), which read as follows: “does not include outfitting of commercial space (other than an intercity bus or rail station or terminal) or a part of a public facility not related to public transportation;”.

    Enacted provision · exact public law section
    (iii) by striking clause (vi);

    Effective date note
    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.

34. 2015

    Federal Public Transportation Act of 2015

    Pub. L. 114–94 § 3002(2)(C) · 129 Stat. 1312

    1. Added · 49 U.S.C. § 5302(3)(I)

       Pub. L. 114–94, § 3002(2)(C), added subpar. (I)

    2. Struck · 49 U.S.C. § 5302(3)(I)

       Pub. L. 114–94, § 3002(2)(C), struck out former subpar. (I), which read as follows: “the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311;”

    Source evidence

    Code amendment note
    Par. (3)(I). Pub. L. 114–94, § 3002(2)(C), added subpar. (I) and struck out former subpar. (I), which read as follows: “the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311;”.

    Enacted provision · exact public law section
    (C) by striking subparagraph (I) and inserting the following: “(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts— “(i) not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311; or “(ii) not to exceed 20 percent of such recipient’s annual formula apportionment under sections 5307 and 5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least 2 of the following requirements: “(I) Provides an active fixed route travel training program that is available for riders with disabilities. “(II) Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis. “(III) Has memoranda of understanding in place with employers and the American Job Center to increase access to employment opportunities for people with disabilities.” ;

    Effective date note
    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.

35. 2015

    Federal Public Transportation Act of 2015

    Pub. L. 114–94 § 3002(2)(D) · 129 Stat. 1312

    Added · 49 U.S.C. § 5302(3)(M); 49 U.S.C. § 5302(3)(N)

    Pub. L. 114–94, § 3002(2)(D)–(F), added subpars. (M) and (N)

    Source evidence

    Code amendment note
    Par. (3)(M), (N). Pub. L. 114–94, § 3002(2)(D)–(F), added subpars. (M) and (N).

    Enacted provision · exact public law section
    (D) in subparagraph (K) by striking “or” at the end;

    Effective date note
    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.

36. 2015

    Federal Public Transportation Act of 2015

    Pub. L. 114–94 § 3002(3) · 129 Stat. 1312

    Added · 49 U.S.C. § 5302(24)

    Pub. L. 114–94, § 3002(3), added par. (24)

    Source evidence

    Code amendment note
    Par. (24). Pub. L. 114–94, § 3002(3), added par. (24).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(24) Value capture.— The term ‘value capture’ means recovering the increased property value to property located near public transportation resulting from investments in public transportation.” .

    Effective date note
    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.

37. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 div. C § 30001(a) · 135 Stat. 429

    1. Added · 49 U.S.C. § 5302

       Pub. L. 117–58 added par. (1)

    2. Redesignated · 49 U.S.C. § 5302

       Pub. L. 117–58 redesignated former pars. (1) to (24) as (2) to (25), respectively; in subpar. (G) of par. (4)

    3. Added · 49 U.S.C. § 5302

       Pub. L. 117–58 added cl. (iv)

    4. Redesignated · 49 U.S.C. § 5302

       Pub. L. 117–58 redesignated former cls. (iv) and (v) as (v) and (vi), respectively; and in cl. (vi) of subpar. (G) of par. (4)

    5. Added · 49 U.S.C. § 5302

       Pub. L. 117–58 added subcl. (XV)

    Source evidence

    Code amendment note
    Pub. L. 117–58 added par. (1), redesignated former pars. (1) to (24) as (2) to (25), respectively; in subpar. (G) of par. (4), added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively; and in cl. (vi) of subpar. (G) of par. (4), added subcl. (XV).

    Enacted provision · exact public law section
    (a) In General.— Section 5302 of title 49, United States Code, is amended— (1) by redesignating paragraphs (1) through (24) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following: “(1) Assault on a transit worker.— The term ‘assault on a transit worker’ means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker.” ; and (3) in subparagraph (G) of paragraph (4) (as so redesignated)— (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) by inserting after clause (iii) the following: “(iv) provides that if equipment to fuel privately owned zero-emission passenger vehicles is installed, the recipient of assistance under this chapter shall collect fees from users of the equipment in order to recover the costs of construction, maintenance, and operation of the equipment;” ; (C) in clause (vi) (as so redesignated)— (i) in subclause (XIII), by striking “and” at the end; (ii) in subclause (XIV), by adding “and” after the semicolon; and (iii) by adding at the end the following: “(XV) technology to fuel a zero-emission vehicle;” .

51 of 51 references resolved to an enrolled provision