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49 U.S.C. § 5314 — Technical assistance and workforce development

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

49 U.S.C. § 5314 — Technical assistance and workforce development

**(a) Technical Assistance and Standards.—** (1) **Technical assistance and standards development.—** (A) *In general.—* — The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) to carry out activities that the Secretary determines will assist recipients of assistance under this chapter to— (i) more effectively and efficiently provide public transportation service; (ii) administer funds received under this chapter in compliance with Federal law; and (iii) improve public transportation. (B) *Eligible activities.—* — The activities carried out under subparagraph (A) may include— (i) technical assistance; and (ii) the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics. (2) **Technical assistance.—** — The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations that have the appropriate demonstrated capacity to provide public-transportation-related technical assistance under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist providers of public transportation to— (A) comply with the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title4

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Source location: Title 49, Chapter 53, § 5314; chapter-053-public-transportation.md

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**(a) Technical Assistance and Standards.—** (1) **Technical assistance and standards development.—** (A) *In general.—* — The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) to carry out activities that the Secretary determines will assist recipients of assistance under this chapter to— (i) more effectively and efficiently provide public transportation service; (ii) administer funds received under this chapter in compliance with Federal law; and (iii) improve public transportation. (B) *Eligible activities.—* — The activities carried out under subparagraph (A) may include— (i) technical assistance; and (ii) the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics. (2) **Technical assistance.—** — The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations that have the appropriate demonstrated capacity to provide public-transportation-related technical assistance under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist providers of public transportation to— (A) comply with the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act; (B) comply with human services transportation coordination requirements and to enhance the coordination of Federal resources for human services transportation with those of the Department of Transportation through technical assistance, training, and support services related to complying with such requirements; (C) meet the transportation needs of elderly individuals; (D) increase transit ridership in coordination with metropolitan planning organizations and other entities through development around public transportation stations through technical assistance and the development of tools, guidance, and analysis related to market-based development around transit stations; (E) address transportation equity with regard to the effect that transportation planning, investment, and operations have for low-income and minority individuals; (F) facilitate best practices to promote bus driver safety; (G) meet the requirements of sections 5323(j) and 5323(m); (H) assist with the development and deployment of low or no emission vehicles (as defined in section 5339(c)(1)) or low or no emission vehicle components (as defined in section 5312(h)(1)); and (I) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation. (3) **Annual report on technical assistance.—** — Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report that includes— (A) a description of each project that received assistance under this subsection during the preceding fiscal year; (B) an evaluation of the activities carried out by each organization that received assistance under this subsection during the preceding fiscal year; (C) a proposal for allocations of amounts for assistance under this subsection for the subsequent fiscal year; and (D) measurable outcomes and impacts of the programs funded under subsections (b) and (c). (4) **Government share of costs.—** (A) *In general.—* — The Government share of the cost of an activity carried out using a grant under this subsection may not exceed 80 percent. (B) *Non-government share.—* — The non-Government share of the cost of an activity carried out using a grant under this subsection may be derived from in-kind contributions. **(b) Human Resources and Training.—** (1) **In general.—** — The Secretary may undertake, or make grants and contracts for, programs that address human resource needs as they apply to public transportation activities. A program may include— (A) an employment training program; (B) an outreach program to increase employment for veterans, females, individuals with a disability, minorities (including American Indians or Alaska Natives, Asian, Black or African Americans, native Hawaiians or other Pacific Islanders, and Hispanics) in public transportation activities; (C) research on public transportation personnel and training needs; (D) training and assistance for veteran and minority business opportunities; and (E) consensus-based national training standards and certifications in partnership with industry stakeholders. (2) **Innovative public transportation frontline workforce development program.—** (A) *In general.—* — The Secretary shall establish a competitive grant program to assist the development of innovative activities eligible for assistance under paragraph (1). (B) *Eligible programs.—* — A program eligible for assistance under paragraph (1) shall— (i) develop apprenticeships, on-the-job training, and instructional training for public transportation maintenance and operations occupations; (ii) build local, regional, and statewide public transportation training partnerships with local public transportation operators, labor union organizations, workforce development boards, and State workforce agencies to identify and address workforce skill gaps; (iii) improve safety, security, and emergency preparedness in local public transportation systems through improved safety culture and workforce communication with first responders and the riding public; and (iv) address current or projected workforce shortages by developing partnerships with high schools, community colleges, and other community organizations. (C) *Selection of recipients.—* — To the maximum extent feasible, the Secretary shall select recipients that— (i) are geographically diverse; (ii) address the workforce and human resources needs of large public transportation providers; (iii) address the workforce and human resources needs of small public transportation providers; (iv) address the workforce and human resources needs of urban public transportation providers; (v) address the workforce and human resources needs of rural public transportation providers; (vi) advance training related to maintenance of low or no emission vehicles and facilities used in public transportation; (vii) target areas with high rates of unemployment; (viii) advance opportunities for minorities, women, veterans, individuals with disabilities, low-income populations, and other underserved populations; and (ix) address in-demand industry sector or occupation, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act ([29 U.S.C. 3102](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3102&num=0&edition=prelim)). (D) *Program outcomes.—* — A recipient of assistance under this subsection shall demonstrate outcomes for any program that includes skills training, on-the-job training, and work-based learning, including— (i) the impact on reducing public transportation workforce shortages in the area served; (ii) the diversity of training participants; (iii) the number of participants obtaining certifications or credentials required for specific types of employment; (iv) employment outcomes, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary and the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act ([29 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3101&num=0&edition=prelim) et seq.); and (v) to the extent practical, evidence that the program did not preclude workers who are participating in skills training, on-the-job training, and work-based learning from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in the program. (E) *Report to congress.—* — The Secretary shall make publicly available a report on the Frontline Workforce Development Program for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of activities carried out under this paragraph, an evaluation of the program, and policy recommendations to improve program effectiveness. (3) **Government’s share of costs.—** — The Government share of the cost of a project carried out using a grant under paragraph (1) or (2) shall be 50 percent. (4) **Availability of amounts.—** — Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection. **(c) National Transit Institute.—** (1) **Establishment.—** — The Secretary shall establish a national transit institute and award grants to a public 4-year degree-granting institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ([20 U.S.C. 1001(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim)), in order to carry out the duties of the institute. (2) **Duties.—** (A) *In general.—* — In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and international entities, the institute established under paragraph (1) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work. (B) *Training and educational programs.—* — The training and educational programs developed under subparagraph (A) may include courses in recent developments, techniques, and procedures related to— (i) intermodal and public transportation planning; (ii) management; (iii) environmental factors; (iv) acquisition and joint use rights-of-way; (v) engineering and architectural design; (vi) procurement strategies for public transportation systems; (vii) turnkey approaches to delivering public transportation systems; (viii) new technologies; (ix) emission reduction technologies; (x) ways to make public transportation accessible to individuals with disabilities; (xi) construction, construction management, insurance, and risk management; (xii) maintenance; (xiii) contract administration; (xiv) inspection; (xv) innovative finance; (xvi) workplace safety; and (xvii) public transportation security. (3) **Provision for education and training.—** — Education and training of Government, State, and local transportation employees under this subsection shall be provided— (A) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or (B) when the education and training are paid under paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute. (4) **Availability of amounts.—** (A) *In general.—* — Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection. (B) *Existing programs.—* — A recipient may use amounts made available under subparagraph (A) to carry out existing local education and training programs for public transportation employees supported by the Secretary, the Department of Labor, or the Department of Education.

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

29 U.S.C. § 3102 — References

**(a) Workforce Investment Act of 1998 references** Except as otherwise specified, a reference in a Federal law to a provision of the Workforce Investment Act of 1998 ([29 U.S.C. 2801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2801&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of this Act. **(b) Wagner-Peyser Act references** Except as otherwise specified, a reference in a Federal law to a provision of the Wagner-Peyser Act ([29 U.S.C. 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section49&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act. **(c) Disability-related references** Except as otherwise specified, a reference in a Federal law to a provision of the Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.) shall be deemed to refer to the corresponding provision of such Act, as amended by this Act.

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

49 U.S.C. § 5338 — Authorizations

**(a) Grants.—** (1) **In general.—** — There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012 ([49 U.S.C. 5303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5303&num=0&edition=prelim) note; Public Law 112–141), and section 3006(b) of the Federal Public Transportation Act of 2015 ([49 U.S.C. 5310](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5310&num=0&edition=prelim) note; Public Law 114–94)— (A) $13,355,000,000 for fiscal year 2022; (B) $13,634,000,000 for fiscal year 2023; (C) $13,990,000,000 for fiscal year 2024; (D) $14,279,000,000 for fiscal year 2025; and (E) $14,642,000,000 for fiscal year 2026. (2) **Allocation of funds.—** — Of the amounts made available under paragraph (1)— (A) $184,647,343 for fiscal year 2022, $188,504,820 for fiscal year 2023, $193,426,906 for fiscal year 2024, $197,422,644 for fiscal year 2025, and $202,441,512 for fiscal year 2026 shall be available to carry out section 5305; (B) $13,157,184 for fiscal year 2022, $13,432,051 for fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497 for fiscal year 2025, and $14,425,121 for fiscal year 2026 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012 ([49 U.S.C. 5303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5303&num=0&edition=prelim) note; Public Law 112–141); (C) $6,408,288,249 for fiscal year 2022, $6,542,164,133 for fiscal year 2023, $6,712,987,840 for fiscal year 2024, $6,851,662,142 for fiscal year 2025, and $7,025,844,743 for fiscal y

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

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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

42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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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

29 U.S.C. § 3101 — Reduction of reporting burdens and requirements

In order to simplify reporting requirements and reduce reporting burdens, the Secretary of Labor, the Secretary of Education, and the Secretary of Health and Human Services shall establish procedures and criteria under which a State board and local board may reduce reporting burdens and requirements under this Act (including the amendments made by this Act).

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

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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

20 U.S.C. § 1001 — General definition of institution of higher

Page 185 TITLE 20—EDUCATION § 1001 PART A—DEFINITIONS § 1001. General definition of institution of higher education (a) Institution of higher education For purposes of this chapter, other than sub- chapter IV, the term ‘‘institution of higher edu- cation’’ means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title; (2) is legally authorized within such State to provide a program of education beyond sec- ondary education; (3) provides an educational program for which the institution awards a bachelor’s de- gree or provides not less than a 2-year pro- gram that is acceptable for full credit toward such a degree, or awards a degree that is ac- ceptable for admission to a graduate or profes- sional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assur- ance that the institution will meet the accred- itation standards of such an agency or associa- tion within a reasonable time. (b) Additional institutions included For purposes of this chapter, other than sub- chapter IV, the term ‘‘institution of higher edu- cation’’ also includes— (1) any school that provides not less than a 1-year program of tr

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

29 U.S.C. § 3101 — Purposes

Page 820 TITLE 29—LABOR § 3101 Sec. 3163. Within State allocations. 3164. Use of funds for youth workforce investment activities. SUBPART 3—ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES 3171. General authorization. 3172. State allotments. 3173. Within State allocations. 3174. Use of funds for employment and training ac- tivities. SUBPART 4—GENERAL WORKFORCE INVESTMENT PROVISIONS 3181. Authorization of appropriations. PART C—JOB CORPS 3191. Purposes. 3192. Definitions. 3193. Establishment. 3193a. Transfer of administration of Job Corps pro- gram to Employment and Training Admin- istration. 3194. Individuals eligible for the Job Corps. 3195. Recruitment, screening, selection, and as- signment of enrollees. 3196. Enrollment. 3197. Job Corps centers. 3198. Program activities. 3199. Counseling and job placement. 3200. Support. 3201. Operations. 3202. Standards of conduct. 3203. Community participation. 3204. Workforce councils. 3205. Advisory committees. 3206. Experimental projects and technical assist- ance. 3207. Application of provisions of Federal law. 3208. Special provisions. 3209. Management information. 3210. General provisions. 3211. Job Corps oversight and reporting. 3212. Authorization of appropriations. PART D—NATIONAL PROGRAMS Sec. 3221. Native American programs. 3222. Migrant and seasonal farmworker programs. 3223. Technical assistance. 3224. Evaluations and research. 3224a. Job training grants. 3225. National dislocated worker grants. 3225a. Addressing economic and workforce impacts of the opioid crisis. 3226. YouthBuild program. 3226a. Re-enrollment in alternative school by high- school dropout. 3227. Authorization of appropriations. 3228. Worker owners

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

29 U.S.C. § 3102 — Definitions

Page 822 TITLE 29—LABOR § 3102 needs of low-income adults and youth, the Congress de- clares it to be the policy of the United States to— ‘‘(1) provide financial assistance to States and local service delivery areas to meet the training needs of such low-income adults and youth, and to assist such individuals in obtaining unsubsidized employment; ‘‘(2) increase the funds available for programs under title II of the Job Training Partnership Act ([former] 29 U.S.C. 1601 et seq.) by not less than 10 percent of the baseline each fiscal year to provide for growth in the percentage of eligible adults and youth served above the 5 percent of the eligible population that is currently served; and ‘‘(3) encourage the provision of longer, more com- prehensive, education, training, and employment services to the eligible population, which also re- quires increased funding in order to maintain current service levels.’’ Executive Documents EXECUTIVE ORDER NO. 13845 Ex. Ord. No. 13845, July 19, 2018, 83 F.R. 35099, as amended by Ex. Ord. No. 13853, § 5, Dec. 12, 2018, 83 F.R. 65073; Ex. Ord. No. 13931, § 1, June 26, 2020, 85 F.R. 39455, which established the President’s National Council for the American Worker and the American Workforce Pol- icy Advisory Board, was revoked by Ex. Ord. No. 14025, § 4(a), Apr. 26, 2021, 86 F.R. 22831, set out in a note under section 141 of this title. [Ex. Ord. No. 13931, June 26, 2020, 85 F.R. 39455, which continued the President’s National Council for the American Worker and the American Workforce Policy Advisory Board until Sept. 30, 2021, was revoked by Ex. Ord. No. 14025, § 4(a), Apr. 26, 2021, 86 F.R. 22831.] § 3102. Definitions In this Act, and the core program provisions that are not in this Act, except as otherwise ex

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