§ 5301. — Policies, findings, and purposes.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5301]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5301. Policies, findings, and purposes
(a) Development of Transportation Systems.--It is in the interest of
the United States to encourage and promote the development of
transportation systems that embrace various modes of transportation and
efficiently maximize mobility of individuals and goods in and through
urbanized areas and minimize transportation-related fuel consumption and
air pollution.
(b) General Findings.--Congress finds that--
(1) more than 70 percent of the population of the United States
is located in rapidly expanding urban areas that generally cross the
boundary lines of local jurisdictions and often extend into at least
2 States;
(2) the welfare and vitality of urban areas, the satisfactory
movement of people and goods within those areas, and the
effectiveness of programs aided by the United States Government are
jeopardized by deteriorating or inadequate urban transportation
service and facilities, the intensification of traffic congestion,
and the lack of coordinated, comprehensive, and continuing
development planning;
(3) transportation is the lifeblood of an urbanized society, and
the health and welfare of an urbanized society depend on providing
efficient, economical, and convenient transportation in and between
urban areas;
(4) for many years the mass transportation industry capably and
profitably satisfied the transportation needs of the urban areas of
the United States but in the early 1970's continuing even minimal
mass transportation service in urban areas was threatened because
maintaining that transportation service was financially burdensome;
(5) ending that transportation, or the continued increase in its
cost to the user, is undesirable and may affect seriously and
adversely the welfare of a substantial number of lower income
individuals;
(6) some urban areas were developing preliminary plans for, or
carrying out, projects in the early 1970's to revitalize their mass
transportation operations;
(7) significant mass transportation improvements are necessary
to achieve national goals for improved air quality, energy
conservation, international competitiveness, and mobility for
elderly individuals, individuals with disabilities, and economically
disadvantaged individuals in urban and rural areas of the United
States;
(8) financial assistance by the Government to develop efficient
and coordinated mass transportation systems is essential to solve
the urban transportation problems referred to in clause (2) of this
subsection; and
(9) immediate substantial assistance by the Government is needed
to enable mass transportation systems to continue providing vital
transportation service.
(c) Rapid Urbanization and Continuing Population Dispersal.--Rapid
urbanization and continuing dispersal of the population and activities
in urban areas have made the ability of all citizens to move quickly and
at a reasonable cost an urgent problem of the Government.
(d) Elderly Individuals and Individuals With Disabilities.--It is
the policy of the Government that elderly individuals and individuals
with disabilities have the same right as other individuals to use mass
transportation service and facilities. Special efforts shall be made in
planning and designing mass transportation service and facilities to
ensure that mass transportation can be used by elderly individuals and
individuals with disabilities. All programs of the Government assisting
mass transportation shall carry out this policy.
(e) Preserving the Environment.--It is the policy of the Government
that special effort shall be made to preserve the natural beauty of the
countryside, public park and recreation lands, wildlife and waterfowl
refuges, and important historical and cultural assets when planning,
designing, and carrying out an urban mass transportation capital project
with assistance from the Government under sections 5309 and 5310 of this
title.
(f) General Purposes.--The purposes of this chapter are--
(1) to assist in developing improved mass transportation
equipment, facilities, techniques, and methods with the cooperation
of public and private mass transportation companies;
(2) to encourage the planning and establishment of areawide
urban mass transportation systems needed for economical and
desirable urban development with the cooperation of public and
private mass transportation companies;
(3) to assist States and local governments and their authorities
in financing areawide urban mass transportation systems that are to
be operated by public or private mass transportation companies as
decided by local needs;
(4) to provide financial assistance to State and local
governments and their authorities to help carry out national goals
related to mobility for elderly individuals, individuals with
disabilities, and economically disadvantaged individuals; and
(5) to establish a partnership that allows a community, with
financial assistance from the Government, to satisfy its urban mass
transportation requirements.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 785.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5301(a)............................... 49 App.:1607(a) (1st sentence). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 8(a) (1st sentence); added
Nov. 6, 1978, Pub. L. 95-599, Sec.
305(b), 92 Stat. 2743; Apr. 2, 1987,
Pub. L. 100-17, Sec. 310, 101 Stat.
227; restated Dec. 18, 1991, Pub. L.
102-240, Sec. 3012, 105 Stat. 2098.
5301(b)............................... 49 App.:1601(a). July 9, 1964, Pub. L. 88-365, Sec. 2,
78 Stat. 302; Dec. 18, 1991, Pub. L.
102-240, Sec. 3005, 105 Stat. 2088.
49 App.:1601b. Nov. 26, 1974, Pub. L. 93-503, Sec. 2,
88 Stat. 1566.
5301(c)............................... 49 App.:1601a (1st sentence). Oct. 15, 1970, Pub. L. 91-453, Sec. 1,
84 Stat. 962.
5301(d)............................... 49 App.:1612(a). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 16(a); added Oct. 15, 1970,
Pub. L. 91-453, Sec. 8, 84 Stat. 967;
Dec. 18, 1991, Pub. L. 102-240, Sec.
3021(1), 105 Stat. 2110.
5301(e)............................... 49 App.:1610(a) (1st sentence). July 9, 1964, Pub. L. 88-365, Sec.
14(a) (1st sentence), 78 Stat. 308;
Sept. 8, 1966, Pub. L. 89-562, Sec.
2(a)(1), 80 Stat. 715; restated Oct.
15, 1970, Pub. L. 91-453, Sec. 6, 84
Stat. 966.
5301(f)............................... 49 App.:1601(b).
49 App.:1601a (last sentence).
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In subsection (b)(1), the words ``the predominant part'' in 49
App.:1601(a)(1) and ``lives in urban areas'' in 49 App.:1601b(1) are
omitted because of the restatement. The words ``metropolitan and other''
in 49 App.:1601(a)(1) are omitted as surplus.
In subsection (b)(2), the words ``housing, urban renewal, highway,
and other'', ``being'', ``the . . . provision of'', and ``transportation
and other'' in 49 App.:1601(a)(2) are omitted as surplus.
In subsection (b)(4), the words ``the early 1970's'' are substituted
for ``recent years'' in 49 App.:1601b(4), and the words ``minimal mass
transportation service'' are substituted for ``this essential public
service'', for clarity.
In subsection (b)(5), the word ``particularly'' in 49 App.:1601b(5)
is omitted as surplus.
In subsection (b)(6), the words ``were . . . in the early 1970's''
are substituted for ``now'' in 49 App.:1601b(6) for clarity. The words
``engaged in'', ``actually'', and ``comprehensive'' in 49 App.:1601b(6)
are omitted as surplus.
In subsection (b)(9), the word ``many'' in 49 App.:1601(b)(7) is
omitted as surplus.
In subsection (c), the text of 49 App.:1601a (1st sentence words
after semicolon) is omitted as executed.
In subsections (d) and (e), the words ``hereby declared to be'' are
omitted as surplus.
In subsection (d), the words ``to ensure that mass transportation
can be used by elderly individuals and individuals with disabilities''
are substituted for ``in the planning and design of mass transportation
facilities and services so that the availability to elderly persons and
persons with disabilities of mass transportation which they can
effectively utilize will be assured'' to eliminate unnecessary words.
The words ``the field of'' and ``(including the programs under this
chapter) . . . contain provisions'' are omitted as surplus.
In subsection (e), the words ``carrying out'' are substituted for
``construction of'', and the word ``capital'' is added, for consistency
in the revised chapter. The reference to section 5310 of the revised
title is added for clarity because a loan or grant made under section
5310 is deemed to have been made under section 5309.
In subsection (f)(5), the words ``local'' and ``to exercise the
initiative necessary'' are omitted as surplus.
Contracting Out Study
Pub. L. 105-178, title III, Sec. 3032, June 9, 1998, 112 Stat. 385,
as amended by Pub. L. 105-206, title IX, Sec. 9009(v), July 22, 1998,
112 Stat. 861, provided that:
``(a) Study.--Not later than 6 months after the date of enactment of
this Act [June 9, 1998], the Secretary [of Transportation] shall enter
into an agreement with the Transportation Research Board of the National
Academy of Sciences to conduct a study of the effect of contracting out
mass transportation operation and administrative functions on cost,
availability and level of service, efficiency, safety, quality of
services provided to transit-dependent populations, and employer-
employee relations.
``(b) Terms of Agreement.--The agreement entered into in subsection
(a) shall provide that--
``(1) the Transportation Research Board, in conducting the
study, consider the number of grant recipients that have contracted
out services, the size of the population served by such grant
recipients, the basis for decisions regarding contracting out, and
the extent to which contracting out was affected by the integration
and coordination of resources of transit agencies and other Federal
agencies and programs; and
``(2) the panel conducting the study shall include
representatives of transit agencies, employees of transit agencies,
private contractors, academic and policy analysts, and other
interested persons.
``(c) Report.--Not later than 24 months after the date of entry into
the agreement under subsection (a), the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report containing the results of the study.
``(d) Funding.--There shall be available from funds made available
under section 5338(f)(2) of title 49, United States Code, to carry out
this section $250,000 for fiscal year 1999.
``(e) Contractual Obligation.--Entry into an agreement to carry out
this section that is financed with amounts made available under
subsection (d) is a contractual obligation of the United States to pay
the Government's share of the cost of the study.''
Commute-to-Work Benefits
Pub. L. 102-240, title VIII, Sec. 8004, Dec. 18, 1991, 105 Stat.
2206, provided that:
``(a) Findings.--The Congress finds that--
``(1) current Federal policy places commuter transit benefits at
a disadvantage compared to drive-to-work benefits;
``(2) this Federal policy is inconsistent with important
national policy objectives, including the need to conserve energy,
reduce reliance on energy imports, lessen congestion, and clean our
Nation's air;
``(3) commuter transit benefits should be part of a
comprehensive solution to national transportation and air pollution
problems;
``(4) current Federal law allows employers to provide only up to
$21 per month in employee benefits for transit or van pools;
``(5) the current `cliff provision', which treats an entire
commuter transit benefit as taxable income if it exceeds $21 per
month, unduly penalizes the most effective employer efforts to
change commuter behavior;
``(6) employer-provided commuter transit incentives offer many
public benefits, including increased access of low-income persons to
good jobs, inexpensive reduction of roadway and parking congestion,
and cost-effective incentives for timely arrival at work; and
``(7) legislation to provide equitable treatment of employer-
provided commuter transit benefits has been introduced with
bipartisan support in both the Senate and House of Representatives.
``(b) Policy.--The Congress strongly supports Federal policy that
promotes increased use of employer-provided commuter transit benefits.
Such a policy `levels the playing field' between transportation modes
and is consistent with important national objectives of energy
conservation, reduced reliance on energy imports, lessened congestion,
and clean air.''
Section Referred to in Other Sections
This section is referred to in sections 5303, 5307, 5310, 5324 of
this title.
