23 U.S.C. § 142 — Public transportation

Page 223 TITLE 23—HIGHWAYS § 142 under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–59, title II, § 205(d)(3), Nov. 28, 1995, 109 Stat. 577, provided that: ‘‘The amendments made by paragraph (1) [amending this section and repealing sec- tion 154 of this title] shall be applicable to a State on the 10th day following the date of the enactment of this Act [Nov. 28, 1995]; except that if the legislature of a State is not in session on such date of enactment and the chief executive officer of the State declares, before such 10th day, that the legislature is not in session and that the State prefers an applicability date for such amendments that is after the date on which the legisla- ture will convene, such amendments shall be applicable to the State on the 60th day following the date on which the legislature next convenes.’’ EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–599, title I, § 123(e), Nov. 6, 1978, 92 Stat. 2702, provided that subsec. (c)(2) and (3) of this section be applicable to certifications required by this section to be filed on or after Jan. 1, 1980, prior to repeal by Pub. L. 96–106, § 12, Nov. 9, 1979, 93 Stat. 798. ENFORCEMENT OF VEHICLE WEIGHT LIMITATIONS Pub. L. 95–599, title I, § 123(a)–(c), Nov. 6, 1978, 92 Stat. 2701, as amended by Pub. L. 100–17, title I, § 133(c)(4), Apr. 2, 1987, 101 Stat. 173, provided that: ‘‘(a) Not later than the one-hundred-eightieth day after the date of enactment of this section [Nov. 6, 1978], the Secretary of Transportation, hereunder re- ferred to as the ‘Secretary’, in consultation with each State shall inventory the existing system of penalties for violations of vehicle weight laws, rules, and regula- tions on any portion of any Federal-aid system in such State. Each State shall annually thereafter report to the Secretary its current inventory. ‘‘(b)(1) Not later than the one-hundred-eightieth day after the date of enactment of this section [Nov. 6, 1978], the Secretary, in consultation with each State, shall inventory the existing system in such State for the issuance of special permits. Each State shall annu- ally thereafter report to the Secretary its current in- ventory. ‘‘(2) For purposes of this subsection, the term ‘special permit’ means a license or permit issued pursuant to State law, rule, or regulation which authorizes a vehi- cle to exceed the weight limitation for such vehicle es- tablished under State law, rule, or regulation. ‘‘(c) Not later than January 1 of the second calendar year which begins after the date of enactment of this section [Nov. 6, 1978] and each calendar year thereafter the Secretary shall submit to the Committee on Envi- ronment and Public Works of the Senate and the Com- mittee on Public Works and Transportation [now Com- mittee on Transportation and Infrastructure] of the House of Representatives an annual report together with such recommendations as the Secretary deems necessary on (1) the latest annual inventory of State systems of penalties required by subsection (a) of this section; (2) the latest annual inventory of State sys- tems for the issuance of special permits required by subsection (b) of this section; (3) the annual certifi- cation submitted by each State required by section 141(b) of title 23, United States Code.’’ [For termination, effective May 15, 2000, of reporting provisions in section 123(c) of Pub. L. 95–599, set out above, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135 of House Document No. 103–7.] § 142. Public transportation (a)(1) To encourage the development, improve- ment, and use of public mass transportation sys- tems operating buses on Federal-aid highways for the transportation of passengers, so as to in- crease the traffic capacity of the Federal-aid highways for the movement of persons, the Sec- retary may approve as a project on any Federal- aid highway the construction of exclusive or preferential high occupancy vehicle lanes, high- way traffic control devices, bus passenger load- ing areas and facilities (including shelters), and fringe and transportation corridor parking fa- cilities, which may include electric vehicle charging stations or natural gas vehicle refuel- ing stations, to serve high occupancy vehicle and public mass transportation passengers, and sums apportioned under section 104(b) of this title shall be available to finance the cost of projects under this paragraph. If fees are charged for the use of any parking facility con- structed under this section, the rate thereof shall not be in excess of that required for main- tenance and operation of the facility and the cost of providing shuttle service to and from the facility (including compensation to any person for operating the facility and for providing such shuttle service). (2) In addition to the projects under paragraph (1), the Secretary may approve payment from sums apportioned under section 104(b)(2) for car- rying out any capital transit project eligible for assistance under chapter 53 of title 49, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation. (3) BUS CORRIDORS.—In addition to the projects described in paragraphs (1) and (2), the Sec- retary may approve payment from sums appor- tioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the con- struction of a bus rapid transit corridor or dedi- cated bus lanes, including the construction or installation of— (A) traffic signaling and prioritization sys- tems; (B) redesigned intersections that are nec- essary for the establishment of a bus rapid transit corridor; (C) on-street stations; (D) fare collection systems; (E) information and wayfinding systems; and (F) depots. (b) Sums apportioned in accordance with sec- tion 104(b)(1) shall be available to finance the Federal share of projects for exclusive or pref- erential high occupancy vehicle, truck, and emergency vehicle routes or lanes. Routes con- structed under this subsection shall not be sub- ject to the third sentence of section 109(b) of this title. Page 224 TITLE 23—HIGHWAYS § 142 (c) ACCOMMODATION OF OTHER MODES OF TRANSPORTATION.—The Secretary may approve as a project on any Federal-aid highway for pay- ment from sums apportioned under section 104(b) modifications to existing highways eligi- ble under the program that is the source of the funds on such highway necessary to accommo- date other modes of transportation if such modi- fications will not adversely affect automotive safety. (d) METROPOLITAN PLANNING.—Any project carried out under this section in an urbanized area shall be subject to the metropolitan plan- ning requirements of section 134. (e)(1) For all purposes of this title, a project authorized by subsection (a)(1) of this section shall be deemed to be a highway project. (2) Projects authorized by subsection (a)(2) shall be subject to, and governed in accordance with, all provisions of this title applicable to projects on the surface transportation block grant program, except to the extent determined inconsistent by the Secretary. (3) The Federal share payable on account of projects authorized by subsection (a) of this sec- tion shall be that provided in section 120 of this title. (f) AVAILABILITY OF RIGHTS-OF-WAY.—In any case where sufficient land or air space exists within the publicly acquired rights-of-way of any highway, constructed in whole or in part with Federal-aid highway funds, to accommo- date needed passenger, commuter, or high speed rail, magnetic levitation systems, and highway and nonhighway public mass transit facilities, the Secretary shall authorize a State to make such lands, air space, and rights-of-way avail- able with or without charge to a publicly or pri- vately owned authority or company or any other person for such purposes if such accommodation will not adversely affect automotive safety. (g) The provision of assistance under sub- section (a)(2) shall not be construed as bringing within the application of chapter 15 of title 5, United States Code, any non-supervisory em- ployee of an urban mass transportation system (or of any other agency or entity performing re- lated functions) to whom such chapter is other- wise inapplicable. (h) Funds available for expenditure to carry out the purposes of subsection (a)(2) of this sec- tion shall be supplementary to and not in substi- tution for funds authorized and available for ob- ligation pursuant to chapter 53 of title 49. (Added Pub. L. 91–605, title I, § 111(a), Dec. 31, 1970, 84 Stat. 1719; amended Pub. L. 93–87, title I, § 121(a), Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, § 127, May 5, 1976, 90 Stat. 440; Pub. L. 97–424, title I, § 120, Jan. 6, 1983, 96 Stat. 2111; Pub. L. 102–240, title I, § 1027(a)–(e), title III, § 3003(b), Dec. 18, 1991, 105 Stat. 1966, 2088; Pub. L. 103–272, § 5(f)(2), July 5, 1994, 108 Stat. 1374; Pub. L. 103–429, § 7(a)(4)(C), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 105–178, title I, § 1103(l)(3)(D), (4), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, §§ 1513(b), 1519(c)(8), formerly § 1519(c)(9), July 6, 2012, 126 Stat. 572, 576, renumbered § 1519(c)(8), Pub. L. 114–94, div. A, title I, § 1446(d)(5)(B), Dec. 4, 2015, 129 Stat. 1438; Pub. L. 114–94, div. A, title I, §§ 1109(c)(5), 1446(d)(5)(D), Dec. 4, 2015, 129 Stat. 1343, 1438; Pub. L. 117–58, div. A, title I, § 11130, Nov. 15, 2021, 135 Stat. 509.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(3). Pub. L. 117–58, § 11130(a), added par. (3). Subsec. (i). Pub. L. 117–58, § 11130(b), struck out sub- sec. (i) which read as follows: ‘‘The provisions of sec- tion 5323(a)(1)(D) of title 49 shall apply in carrying out subsection (a)(2) of this section.’’ 2015—Pub. L. 114–94, § 1446(d)(5)(B), (D), amended Pub. L. 112–141, § 1519(c). See 2012 Amendment notes below. Subsec. (e)(2). Pub. L. 114–94, § 1109(c)(5), substituted ‘‘surface transportation block grant program’’ for ‘‘sur- face transportation program’’. 2012—Subsec. (a)(1). Pub. L. 112–141, §§ 1513(b), 1519(c)(8)(A)(i), formerly § 1519(c)(9)(A)(i), as renumbered and amended by Pub. L. 114–94, § 1446(d)(5)(B), (D), sub- stituted ‘‘buses’’ for ‘‘motor vehicles (other than on rail)’’, struck out ‘‘(hereafter in this section referred to as ‘buses’)’’ after ‘‘transportation of passengers’’, sub- stituted ‘‘of the Federal-aid highways’’ for ‘‘of the Fed- eral-aid systems’’ and ‘‘Federal-aid highway’’ for ‘‘Fed- eral-aid system’’, and inserted ‘‘, which may include electric vehicle charging stations or natural gas vehi- cle refueling stations,’’ after ‘‘parking facilities’’.. Subsec. (a)(2). Pub. L. 112–141, § 1519(c)(8)(A)(ii), for- merly 1519(c)(9)(A)(ii), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out ‘‘as a project on the the sur- face transportation program for’’ after ‘‘Secretary may approve’’ and substituted ‘‘section 104(b)(2)’’ for ‘‘sec- tion 104(b)(3)’’. Subsec. (b). Pub. L. 112–141, § 1519(c)(8)(B), formerly 1519(c)(9)(B), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), substituted ‘‘104(b)(1)’’ for ‘‘104(b)(4)’’. Subsec. (c). Pub. L. 112–141, § 1519(c)(8)(C), formerly 1519(c)(9)(C), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), substituted ‘‘highway’’ for ‘‘system’’ in two places and substituted ‘‘highways eligible under the program that is the source of the funds’’ for ‘‘high- way facilities’’. Subsec. (e)(2). Pub. L. 112–141, § 1519(c)(8)(D), formerly 1519(c)(9)(D), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), substituted ‘‘Projects authorized by sub- section (a)(2)’’ for ‘‘Notwithstanding section 209(f)(1) of the Highway Revenue Act of 1956, the Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized by subsection (a)(2) of this section and such projects’’. Subsec. (f). Pub. L. 112–141, § 1519(c)(8)(E), formerly 1519(c)(9)(E), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), substituted ‘‘exists’’ for ‘‘exits’’. 1998—Subsec. (b). Pub. L. 105–178, § 1103(l)(4), sub- stituted ‘‘section 104(b)(4)’’ for ‘‘paragraph (5) of sub- section (b) of section 104 of this title’’. Subsec. (c). Pub. L. 105–178, § 1103(l)(3)(D), struck out ‘‘(other than section 104(b)(5)(A))’’ after ‘‘section 104(b)’’. 1994—Subsec. (a)(2). Pub. L. 103–272, § 5(f)(2)(A), sub- stituted ‘‘chapter 53 of title 49’’ for ‘‘the Federal Tran- sit Act’’. Subsec. (h). Pub. L. 103–272, § 5(f)(2)(B), as amended by Pub. L. 103–429, § 7(a)(4)(C), substituted ‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act, as amended’’. Subsec. (i). Pub. L. 103–272, § 5(f)(2)(C), as amended by Pub. L. 103–429, § 7(a)(4)(C), substituted ‘‘section 5323(a)(1)(D) of title 49’’ for ‘‘section 3(e)(4) of the Fed- eral Transit Act, as amended,’’. 1991—Subsec. (a)(2). Pub. L. 102–240, § 1027(a), struck out ‘‘, beginning with the fiscal year ending June 30, 1975,’’ after ‘‘the Secretary may’’, substituted ‘‘the sur- face transportation program’’ for ‘‘Federal-aid urban system,’’ and substituted ‘‘104(b)(3) for carrying out any capital transit project eligible for assistance under the Federal Transit Act, capital improvement to pro- vide access and coordination between intercity and rural bus service, and construction of facilities to pro- vide connections between highway transportation and other modes of transportation.’’ for ‘‘104(b)(6) of this title, the purchase of buses, and, beginning with the fis- cal year ending June 30, 1976, approve as a project on Page 225 TITLE 23—HIGHWAYS § 142 the Federal-aid urban system, for payment from sums apportioned under section 104(b)(6) of this title, the construction, reconstruction, and improvement of fixed rail facilities, including the purchase of rolling stock for fixed rail, except that not more than $200,000,000 of all sums apportioned for the fiscal year ending June 30, 1975, under section 104(b)(6) shall be available for the payment of the Federal share of projects for the pur- chase of buses.’’ Subsec. (c). Pub. L. 102–240, § 1027(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘Whenever responsible local officials of an ur- banized area notify the State highway department that, in lieu of a highway project the Federal share of which is to be paid from funds apportioned under sec- tion 104(b)(6) of this title for the fiscal years ending June 30, 1974, and June 30, 1975, their needs require a nonhighway public mass transit project involving the construction of fixed rail facilities, or the purchase of passenger equipment, including rolling stock for any mode of mass transit, or both, and the State highway department determines that such public mass transit project is in accordance with the planning process under section 134 of this title and is entitled to priority under such planning process, such public mass transit project shall be submitted for approval to the Sec- retary. Approval of the plans, specifications, and esti- mates for such project by the Secretary shall be deemed a contractual obligation of the United States for payment out of the general funds of its proportional share of the cost of such project in an amount equal to the Federal share which would have been paid if such project were a highway project under section 120(a) of this title. Funds previously apportioned to such State under section 104(b)(6) of this title shall be reduced by an amount equal to such Federal share.’’ Subsec. (d). Pub. L. 102–240, § 1027(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘The establishment of routes and schedules of such public mass transportation systems in urbanized areas shall be based upon a continuing comprehensive transportation planning process carried on in accord- ance with section 134 of this title.’’ Subsec. (e)(2). Pub. L. 102–240, § 1027(e)(1), substituted ‘‘surface transportation program’’ for ‘‘Federal-aid urban system’’. Subsec. (f). Pub. L. 102–240, § 1027(e)(2), (3), redesig- nated subsec. (g) as (f) and struck out former subsec. (f) which read as follows: ‘‘No project authorized by this section shall be approved unless the Secretary of Transportation has received assurances satisfactory to him from the State that high occupancy vehicles will fully utilize the proposed project.’’ Subsec. (g). Pub. L. 102–240, § 1027(e)(3), (4), redesig- nated subsec. (h) as (g) and struck out ‘‘or subsection (c) of this section’’ after ‘‘(a)(2)’’. Former subsec. (g) re- designated (f). Pub. L. 102–240, § 1027(d), amended subsec. (g) gen- erally. Prior to amendment, subsec. (g) read as follows: ‘‘In any case where sufficient land exists within the publicly acquired rights-of-way of any Federal-aid highway to accommodate needed rail or non-highway public mass transit facilities and where this can be ac- complished without impairing automotive safety or fu- ture highway improvements, the Administrator may authorize a State to make such lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever he may deem that the public interest will be served thereby.’’ Subsec. (h). Pub. L. 102–240, § 3003(b), substituted ‘‘Federal Transit Act’’ for ‘‘Urban Mass Transportation Act of 1964’’. Pub. L. 102–240, § 1027(e)(3), (5), redesignated subsec. (i) as (h) and struck out ‘‘and subsection (c)’’ after ‘‘(a)(2)’’. Former subsec. (h) redesignated (g). Subsec. (i). Pub. L. 102–240, § 3003(b), substituted ‘‘Fed- eral Transit Act’’ for ‘‘Urban Mass Transportation Act of 1964’’. Pub. L. 102–240, § 1027(e)(3), (5), redesignated subsec. (j) as (i) and struck out ‘‘and subsection (c)’’ after ‘‘(a)(2)’’. Former subsec. (i) redesignated (h). Subsec. (j). Pub. L. 102–240, § 1027(e)(3), redesignated subsec. (j) as (i). Subsec. (k). Pub. L. 102–240, § 1027(e)(2), struck out subsec. (k) which read as follows: ‘‘The Secretary shall not approve any project under subsection (a)(2) of this section in any fiscal year when there has been enacted an Urban Transportation Trust Fund or similar assured funding for both highway and public transportation.’’ 1983—Subsec. (a)(1). Pub. L. 97–424, § 120(a), inserted ‘‘and the cost of providing shuttle service to and from the facility’’ after ‘‘of the facility’’, and ‘‘and for pro- viding such shuttle service’’ after ‘‘operating the facil- ity’’. Pub. L. 97–424, § 120(b)(1), substituted ‘‘high occupancy vehicle lanes’’ for ‘‘bus lanes’’ after ‘‘preferential’’, and ‘‘high occupancy vehicle and’’ for ‘‘bus and other’’ after ‘‘facilities to serve’’. Subsec. (b). Pub. L. 97–424, § 120(b)(2), substituted ‘‘high occupancy vehicle’’ for ‘‘bus’’ after ‘‘pref- erential’’. Subsec. (f). Pub. L. 97–424, § 120(b)(3), substituted ‘‘high occupancy vehicles’’ for ‘‘public mass transpor- tation systems’’. 1976—Subsec. (a)(1). Pub. L. 94–280, § 127(a), inserted provision that if fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility (including compensation to any person for operating the facility). Subsec. (e)(3). Pub. L. 94–280, § 127(b), substituted ‘‘section 120 of this title’’ for ‘‘section 120 of this sec- tion’’. 1973—Subsec. (a). Pub. L. 93–87 designated existing provisions as par. (1), substituted ‘‘operating motor ve- hicles (other than on rail) on Federal-aid highways’’ for ‘‘operating motor vehicles on highways, other than on rails’’, struck out ‘‘within urbanized areas’’ after ‘‘ ‘buses’)’’, inserted ‘‘for the movement of persons’’ after ‘‘Federal-aid systems’’, and substituted provisions respecting availability of sums apportioned under sec- tion 104(b) of this title for prior provisions for such sums apportioned in accordance with pars. (3), (5), and (6) of section 104(b) of this title, and added par. (2). Subsec. (b). Pub. L. 93–87 added subsec. (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 93–87 added subsec. (c). Former subsec. (c) incorporated in subsec. (e)(1), (3) of this sec- tion. Subsec. (d). Pub. L. 93–87 redesignated former subsec. (b) as (d), inserted ‘‘in urbanized areas’’ after ‘‘trans- portation systems’’, and struck out former subsec. (d) provisions which prohibited any project authorized by this section, other than a project for fringe or transpor- tation parking facilities, from being approved unless the project would avoid the construction of a highway project which increases automobile traffic capacity, would provide a capacity for the movement of persons at least equal to that which would be provided by the avoided highway project, and would not exceed in the amount of the Federal share, the Federal share of the cost of the avoided highway project; or no other fea- sible or prudent highway project could provide the ad- ditional capacity for the movement of persons by motor vehicles on highways (other than on rails) pro- vided by this project. Subsec. (e). Pub. L. 93–87 incorporated provisions of former subsec. (c) in pars. (1) and (3) and added par. (2). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 93–87 redesignated former subsec. (e) as (f) and substituted ‘‘will fully utilize’’ for ‘‘will have adequate capability to fully utilize’’. Subsecs. (g) to (k). Pub. L. 93–87 added subsecs. (g) to (k). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. Page 226 TITLE 23—HIGHWAYS § 143 EFFECTIVE DATE OF 2015 AMENDMENT Except as otherwise provided, 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. Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by sec- tion 1446(d)(5)(B), (D) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–429, § 7(a), Oct. 31, 1994, 108 Stat. 4388, pro- vided in part that the amendment made by section 7(a)(4)(C) is effective July 5, 1994. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 1027 of Pub. L. 102–240 effec- tive Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title. RURAL HIGHWAY TRANSPORTATION DEMONSTRATION PROGRAM; APPROPRIATIONS AUTHORIZATION; PUBLIC NOTICE AND HEARING Pub. L. 93–87, title I, § 147, Aug. 13, 1973, 87 Stat. 274, as amended by Pub. L. 93–643, § 103, Jan. 4, 1975, 88 Stat. 2282; Pub. L. 94–280, title I, § 129, May 5, 1976, 90 Stat. 440; Pub. L. 95–599, title I, § 132, Nov. 6, 1978, 92 Stat. 2708, provided for authorization of appropriations of $15,000,000 for the fiscal year ending June 30, 1975, and $60,000,000 for the fiscal year ending June 30, 1976, to carry out demonstration projects for public mass trans- portation projects in rural and small urban areas, au- thorized availability of such sums for a period of two years after the close of the fiscal year for which au- thorized, and required public notice and hearing for such projects. TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS Pub. L. 93–643, § 105(a), Jan. 4, 1975, 88 Stat. 2282, pro- vided that: ‘‘It is hereby declared to be the national policy that elderly and handicapped persons have the same right as other persons to utilize mass transpor- tation facilities and services; that special efforts shall be made in the planning, design, construction, and op- eration of mass transportation facilities and services so that the availability to elderly and handicapped per- sons of mass transportation which they can effectively utilize will be assured; and that all Federal programs offering assistance for mass transportation (including the programs under title 23, United States Code, the Federal-Aid Highway Act of 1973, and this Act [see Short Title of 1973 Amendment note under 101 of this title]) effectively implement this policy.’’ BUS AND OTHER PROJECT STANDARDS Pub. L. 93–87, title I, § 165, Aug. 13, 1973, 87 Stat. 282, as amended by Pub. L. 93–643, § 105(b), Jan. 4, 1975, 88 Stat. 2283, provided that: ‘‘(a) The Secretary of Transportation shall require that buses acquired with Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of [former] sub- section (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-aid [Federal-Aid] High- way Act of 1973 [set out as a note above] meet the standards prescribed by the Administrator of the Envi- ronmental Protection Agency under section 202 of the Clean Air Act [42 U.S.C. 7521], and under section 6 of the Noise Control Act of 1972 [42 U.S.C. 4905], and shall au- thorize the acquisition, wherever practicable, of buses which meet the special criteria for low-emission vehi- cles set forth in section 212 of the Clean Air Act [42 U.S.C. 7546], and for low-noise-emission products set forth in section 15 of the Noise Control Act of 1972 [42 U.S.C. 4914]. ‘‘(b) The Secretary of Transportation shall require that projects receiving Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of [former] sub- section (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-Aid Highway Act of 1973 shall be planned, designed, constructed, and operated to allow effective utilization by elderly or handicapped persons who, by reason of illness, injury, age, con- genital malfunction, or other permanent or temporary incapacity or disability, including those who are non- ambulatory wheelchair-bound and those with semi- ambulatory capabilities, are unable without special fa- cilities or special planning or design to utilize such fa- cilities and services effectively. The Secretary shall not approve any program or project to which this sec- tion applies which does not comply with the provisions of this subsection requiring access to public mass transportation facilities, equipment, and services for elderly or handicapped persons.’’ § 143. Highway use tax evasion projects (a) STATE DEFINED.—In this section, the term ‘‘State’’ means the 50 States and the District of Columbia. (b) PROJECTS.— (1) IN GENERAL.—The Secretary shall carry out highway use tax evasion projects in ac- cordance with this subsection. (2) FUNDING.— (A) IN GENERAL.—From administrative funds made available under section 104(a), the Secretary may deduct such sums as are necessary, not to exceed $4,000,000 for each of fiscal years 2022 through 2026, to carry out this section. (B) ALLOCATION OF FUNDS.—Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Sec- retary, except that of funds so made avail- able for each fiscal year, $2,000,000 shall be available only to carry out intergovern- mental enforcement efforts, including re- search and training. (3) CONDITIONS ON FUNDS ALLOCATED TO IN- TERNAL REVENUE SERVICE.—Except as other- wise provided in this section, the Secretary shall not impose any condition on the use of funds allocated to the Internal Revenue Serv- ice under this subsection. (4) LIMITATION ON USE OF FUNDS.—Funds made available to carry out this section shall be used only— (A) to expand efforts to enhance motor fuel tax enforcement; (B) to fund additional Internal Revenue Service staff, but only to carry out functions described in this paragraph; (C) to supplement motor fuel tax examina- tions and criminal investigations; (D) to develop automated data processing tools to monitor motor fuel production and sales; (E) to evaluate and implement registration and reporting requirements for motor fuel taxpayers;