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49 U.S.C. § 5333 — Labor standards

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5333 — Labor standards

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Source file: Laws/federal/codes/united-states-code/title-49/section-5333-labor-standards--62871c2ad6.md
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Source location: Title 49, Chapter 53, § 5333; chapter-053-public-transportation.md

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**(a) Prevailing Wages Requirement.—** The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Transportation may approve a grant or loan only after being assured that required labor standards will be maintained on the construction work. For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim). **(b) Employee Protective Arrangements.—** (1) As a condition of financial assistance under sections 5307–5312, 5316,11 See References in Text note below. 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) shall specify the arrangements. (2) Arrangements under this subsection shall include provisions that may be necessary for— (A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise; (B) the continuation of collective bargaining rights; (C) the protection of individual employees against a worsening of their positions related to employment; (D) assurances of employment to employees of acquired public transportation systems; (E) assurances of priority of reemployment of employees whose employment is ended or who are laid off; and (F) paid training or retraining programs. (3) Arrangements under this subsection shall provide benefits at least equal to benefits established under [section 11326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11326&num=0&edition=prelim). (4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral. (5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor’s decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 11326 — Employee protective arrangements in transactions involving rail carriers

**(a)** Except as otherwise provided in this section, when approval is sought for a transaction under sections 11324 and 11325 of this title, the Board shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under section 5(2)(f) of the Interstate Commerce Act before February 5, 1976, and the terms established under section 24706(c) 11 See References in Text note below. of this title. Notwithstanding this part, the arrangement may be made by the rail carrier and the authorized representative of its employees. The arrangement and the order approving the transaction must require that the employees of the affected rail carrier will not be in a worse position related to their employment as a result of the transaction during the 4 years following the effective date of the final action of the Board (or if an employee was employed for a lesser period of time by the rail carrier before the action became effective, for that lesser period). **(b)** When approval is sought under sections 11324 and 11325 for a transaction involving one Class II and one or more Class III rail carriers, there shall be an arrangement as required under subsection (a) of this section, except that such arrangement shall be limited to one year of severance pay, which shall not exceed the amount of earnings from the railroad employment of that employee during the 12-month period immediately preceding the date on which the application for approval of such transaction is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of that employee with the acquiring carrier during the 12-month period immediately following the effecti

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49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 3145 — Regulations governing contractors and subcontractors

**(a) In General.—** The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings, public works, or buildings or works that at least partly are financed by a loan or grant from the Federal Government. The regulations shall include a provision that each contractor and subcontractor each week must furnish a statement on the wages paid each employee during the prior week. **(b) Application.—** [Section 1001 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim) applies to the statements.

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 106 — Project approval and oversight

**(a) In General.—** (1) **Submission of plans, specifications, and estimates.—** — Except as otherwise provided in this section, each State transportation department shall submit to the Secretary for approval such plans, specifications, and estimates for each proposed project as the Secretary may require. (2) **Project agreement.—** — The Secretary shall act on the plans, specifications, and estimates as soon as practicable after the date of their submission and shall enter into a formal project agreement with the State transportation department recipient formalizing the conditions of the project approval. (3) **Contractual obligation.—** — The execution of the project agreement shall be deemed a contractual obligation of the Federal Government for the payment of the Federal share of the cost of the project. (4) **Guidance.—** — In taking action under this subsection, the Secretary shall be guided by section 109. **(b) Project Agreement.—** (1) **Provision of state funds.—** — The project agreement shall make provision for State funds required to pay the State’s non-Federal share of the cost of construction of the project (including payments made pursuant to a long-term concession agreement, such as availability payments) and to pay for maintenance of the project after completion of construction. (2) **Representations of state.—** — If a part of the project is to be constructed at the expense of, or in cooperation with, political subdivisions of the State, the Secretary may rely on representations made by the State transportation department with respect to the arrangements or agreements made by the State transportation department and appropriate local officials for ensuring that the non-Federal contribution will be provided under paragraph (1). **(c) Assumption

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 601 — Generally applicable provisions

**(a) Definitions.—** The following definitions apply to sections 601 through 609: (1) **Contingent commitment.—** — The term “contingent commitment” means a commitment to obligate an amount from future available budget authority that is— (A) contingent on those funds being made available in law at a future date; and (B) not an obligation of the Federal Government. (2) **Eligible project costs.—** — The term “eligible project costs” means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of— (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (B) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment; (C) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and (D) capitalizing a rural projects fund. (3) **Federal credit instrument.—** — The term “Federal credit instrument” means a secured loan, loan guarantee, or line of credit authorized to be made available under the TIFIA program with respect to a project. (4) **Investment-grade rating.—** — The term “investment-grade rating” means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. (5) **Lender.—** — The term “lender” means any non-Federal qualified institutional buyer (as defined in section 230.144A(a

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 601

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 610 — State infrastructure bank program

**(a) Definitions.—** In this section, the following definitions apply: (1) **Capital project.—** — The term “capital project” has the meaning such term has under [section 5302 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5302&num=0&edition=prelim). (2) **Other forms of credit assistance.—** — The term “other forms of credit assistance” includes any use of funds in an infrastructure bank— (A) to provide credit enhancements; (B) to serve as a capital reserve for bond or debt instrument financing; (C) to subsidize interest rates; (D) to insure or guarantee letters of credit and credit instruments against credit risk of loss; (E) to finance purchase and lease agreements with respect to transit projects; (F) to provide bond or debt financing instrument security; and (G) to provide other forms of debt financing and methods of leveraging funds that are approved by the Secretary and that relate to the project with respect to which such assistance is being provided. (3) **State.—** — The term “State” has the meaning such term has under section 401. (4) **Capitalization.—** — The term “capitalization” means the process used for depositing funds as initial capital into a State infrastructure bank to establish the infrastructure bank. (5) **Cooperative agreement.—** — The term “cooperative agreement” means written consent between a State and the Secretary which sets forth the manner in which the infrastructure bank established by the State in accordance with this section will be administered. (6) **Loan.—** — The term “loan” means any form of direct financial assistance from a State infrastructure bank that is required to be repaid over a period of time and that is provided to a project sponsor for all or part

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 610

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5309 — Fixed guideway capital investment grants

**(a) Definitions.—** In this section, the following definitions shall apply: (1) **Applicant.—** — The term “applicant” means a State or local governmental authority that applies for a grant under this section. (2) **Core capacity improvement project.—** — The term “core capacity improvement project” means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent. The term does not include project elements designed to maintain a state of good repair of the existing fixed guideway system. (3) **Corridor-based bus rapid transit project.—** — The term “corridor-based bus rapid transit project” means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays; and any other features the Secretary may determine support a long-term corridor investment, but the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods. (4) **Fixed guideway bus rapid transit project.—** — The term “fixed guideway bus rapid transit project” means a bus capital project— (A) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods; (B) that represents a substantial investment in a single route in a defined corridor or subarea; and (C) that includes features that emulate the services provided by rail fixed guideway public

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49 U.S.C. § 5315 — Private sector participation

**(a) General Purposes.—** In the interest of fulfilling the general purposes of this chapter under section 5301(b), the Secretary shall— (1) better coordinate public and private sector-provided public transportation services; (2) promote more effective utilization of private sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and (3) promote transparency and public understanding of public-private partnerships affecting public transportation. **(b) Actions to Promote Better Coordination Between Public and Private Sector Providers of Public Transportation.—** The Secretary shall— (1) provide technical assistance to recipients of Federal transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public transportation; and (2) educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation. **(c) Actions to Provide Technical Assistance for Alternative Project Delivery Methods.—** Upon request by a sponsor of a new fixed guideway capital project, the Secretary shall— (1) identify best practices for public-private partnerships models in the United States and in other countries; (2) develop standard public-private partnership transaction model contracts; and (3) perform financial assessments that include the calculation of public and private benefits of a proposed public-private partnership transaction. **(d) Rule of Construction.—** Nothing in this section shall be construed to alter— (1) the eligibilities, requirements, or priorities for assistance provided under this chapter; or (2) the requirements of section 5306(a).

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49 U.S.C. § 5333 — Labor standards

Page 343 TITLE 49—TRANSPORTATION § 5333 1 See References in Text note below. (1) a matter is referred to the Attorney Gen- eral under subsection (d)(2) of this section; or (2) the Attorney General believes a person is engaged in a pattern or practice in violation of this section. (f) APPLICATION AND RELATIONSHIP TO OTHER LAWS.—This section applies to an employment or business opportunity and is in addition to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 834; Pub. L. 112–141, div. B, §§ 20023(a), 20030(g), July 6, 2012, 126 Stat. 717, 731.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5332(a) ........ 49 App.:1615(a)(5). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 19; added Nov. 6, 1978, Pub. L. 95–599, § 314, 92 Stat. 2750. 5332(b) ........ 49 App.:1615(a)(1) (1st sentence). 5332(c) ........ 49 App.:1615(a)(2), (3)(A). 5332(d) ........ 49 App.:1615(a)(3)(B). 5332(e) ........ 49 App.:1615(a)(4). 5332(f) ........ 49 App.:1615(a)(1) (last sentence). In subsection (a), the words ‘‘the term’’ and ‘‘one or more’’ are omitted as surplus. The words ‘‘partnerships, associations, corporations’’ and ‘‘mutual companies, joint-stock companies’’ are omitted because of 1:1. In subsection (b), the word ‘‘receiving’’ is substituted for ‘‘funded in whole or in part through’’ to eliminate unnecessary words. In subsection (c)(2), the words ‘‘directly or indi- rectly’’, ‘‘issued’’, and ‘‘necessary’’ are omitted as sur- plus. In subsection (d), before clause (1), the words ‘‘does not’’ are substituted for ‘‘fails or refuses to’’ to elimi- nate unnecessary words. The words ‘‘period of’’ and ‘‘pursuant to paragraph (a) of this subsectio

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5333

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