23 U.S.C. § 504 — Training and education

Page 451 TITLE 23—HIGHWAYS § 504 mated driving systems and advanced driver-assist- ance systems. ‘‘(c) TREATMENT.—Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if— ‘‘(1) those activities were authorized under chapter 5 of title 23, United States Code; and ‘‘(2) the funds made available to carry out the pilot program were made available under that chapter. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.’’ OPEN CHALLENGE AND RESEARCH PROPOSAL PILOT PROGRAM Pub. L. 117–58, div. A, title III, § 13006(e), Nov. 15, 2021, 135 Stat. 638, provided that: ‘‘(1) IN GENERAL.—The Secretary [of Transportation] shall establish an open challenge and research proposal pilot program under which eligible entities may pro- pose open highway challenges and research proposals that are linked to identified or potential research needs. ‘‘(2) REQUIREMENTS.—A research proposal submitted to the Secretary by an eligible entity shall address— ‘‘(A) a research need identified by the Secretary or the Administrator of the Federal Highway Adminis- tration; or ‘‘(B) an issue or challenge that the Secretary deter- mines to be important. ‘‘(3) ELIGIBLE ENTITIES.—An entity eligible to submit a research proposal under the pilot program under paragraph (1) is— ‘‘(A) a State; ‘‘(B) a unit of local government; ‘‘(C) a university transportation center under sec- tion 5505 of title 49, United States Code; ‘‘(D) a private nonprofit organization; ‘‘(E) a private sector organization working in col- laboration with an entity described in subparagraphs (A) through (D); and ‘‘(F) any other individual or entity that the Sec- retary determines to be appropriate. ‘‘(4) PROJECT REVIEW.—The Secretary shall— ‘‘(A) review each research proposal submitted under the pilot program under paragraph (1); and ‘‘(B) provide to the eligible entity a written notice that— ‘‘(i) if the research proposal is not selected— ‘‘(I) notifies the eligible entity that the re- search proposal has not been selected for funding; ‘‘(II) provides an explanation as to why the re- search proposal was not selected, including if the research proposal does not cover an area of need; and ‘‘(III) if applicable, recommend that the re- search proposal be submitted to another research program and provide guidance and direction to the eligible entity and the proposed research pro- gram office; and ‘‘(ii) if the research proposal is selected, notifies the eligible entity that the research proposal has been selected for funding. ‘‘(5) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent. ‘‘(B) NON-FEDERAL SHARE.—All costs directly in- curred by the non-Federal partners, including per- sonnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity carried out under this sub- section.’’ RESEARCH ON CONNECTED VEHICLE TECHNOLOGY Pub. L. 117–58, div. B, title IV, § 24219, Nov. 15, 2021, 135 Stat. 831, provided that: ‘‘The Administrator of the Na- tional Highway Traffic Safety Administration, in col- laboration with the head of the Intelligent Transpor- tation Systems Joint Program Office and the Adminis- trator of the Federal Highway Administration, shall— ‘‘(1) not later than 180 days after the date of enact- ment of this Act [Nov. 15, 2021], expand vehicle-to-pe- destrian research efforts focused on incorporating bicyclists and other vulnerable road users into the safe deployment of connected vehicle systems; and ‘‘(2) not later than 2 years after the date of enact- ment of this Act, submit to Congress and make pub- licly available a report describing the findings of the research efforts described in paragraph (1), including an analysis of the extent to which applications sup- porting vulnerable road users can be accommodated within existing spectrum allocations for connected vehicle systems.’’ SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES Pub. L. 114–94, div. A, title VI, § 6020, Dec. 4, 2015, 129 Stat. 1582, which established a program to provide grants to States to demonstrate user-based alternative revenue mechanisms that utilize a user fee structure to maintain the long-term solvency of the Highway Trust Fund, was repealed by Pub. L. 117–58, div. A, title III, § 13001(f)(1), Nov. 15, 2021, 135 Stat. 624. HIGH PERFORMING STEEL BRIDGE RESEARCH AND TECHNOLOGY TRANSFER Pub. L. 109–59, title V, § 5202(c), Aug. 10, 2005, 119 Stat. 1786, provided that: ‘‘(1) IN GENERAL.—The Secretary [of Transportation] shall carry out a program to demonstrate the applica- tion of high-performing steel in the construction and rehabilitation of bridges. ‘‘(2) FUNDING.—Of the amounts made available by sec- tion 5101(a)(1) of this Act [119 Stat. 1779], $4,100,000 for each of fiscal years 2006 through 2009 shall be available to carry out this subsection.’’ STEEL BRIDGE TESTING Pub. L. 109–59, title V, § 5202(d), Aug. 10, 2005, 119 Stat. 1787, provided that: ‘‘(1) IN GENERAL.—The Secretary [of Transportation] shall carry out a program to test steel bridges using a nondestructive technology that is able to detect grow- ing cracks, including subsurface flaws as small as 0.010 inches in length or depth, in the bridges. ‘‘(2) FUNDING.—Of the amounts made available by sec- tion 5101(a)(1) of this Act [119 Stat. 1779], $1,250,000 for each of fiscal years 2006 through 2009 shall be available to carry out this subsection. ‘‘(3) FEDERAL SHARE.—The Federal share of the cost of activities carried out in accordance with this sub- section shall be 80 percent.’’ § 504. Training and education (a) NATIONAL HIGHWAY INSTITUTE.— (1) IN GENERAL.—The Secretary shall operate in the Federal Highway Administration a Na- tional Highway Institute (in this subsection referred to as the ‘‘Institute’’). The Secretary shall administer, through the Institute, the authority vested in the Secretary by this title or by any other law for the development and conduct of education and training programs relating to highways. (2) DUTIES OF THE INSTITUTE.—In cooperation with State transportation departments, United States industry, and any national or international entity, the Institute shall de- velop and administer education and training programs of instruction for— (A) Federal Highway Administration, State, and local transportation agency em- ployees and the employees of any other ap- plicable Federal agency; Page 452 TITLE 23—HIGHWAYS § 504 (B) regional, State, and metropolitan plan- ning organizations; (C) State and local police, public safety, and motor vehicle employees; and (D) United States citizens and foreign na- tionals engaged or to be engaged in surface transportation work of interest to the United States. (3) COURSES.— (A) IN GENERAL.—The Institute shall— (i) develop or update existing courses in asset management, including courses that include such components as— (I) the determination of life-cycle costs; (II) the valuation of assets; (III) benefit-to-cost ratio calculations; and (IV) objective decisionmaking proc- esses for project selection; and (ii) continually develop courses relating to the application of emerging tech- nologies for— (I) transportation infrastructure appli- cations and asset management; (II) intelligent transportation systems; (III) operations (including security op- erations); (IV) the collection and archiving of data; (V) reducing the amount of time re- quired for the planning and development of transportation projects; and (VI) the intermodal movement of indi- viduals and freight. (B) ADDITIONAL COURSES.—In addition to the courses developed under subparagraph (A), the Institute, in consultation with State transportation departments, metropolitan planning organizations, and the American Association of State Highway and Transpor- tation Officials, may develop courses relat- ing to technology, methods, techniques, en- gineering, construction, safety, mainte- nance, environmental mitigation and com- pliance, regulations, management, inspec- tion, and finance. (C) REVISION OF COURSES OFFERED.—The In- stitute shall periodically— (i) review the course inventory of the In- stitute; and (ii) revise or cease to offer courses based on course content, applicability, and need. (4) SET-ASIDE; FEDERAL SHARE.—Not to ex- ceed 1⁄2 of 1 percent of the funds apportioned to a State under section 104(b)(2) for the surface transportation block grant program shall be available for expenditure by the State trans- portation department for the payment of not to exceed 80 percent of the cost of tuition and direct educational expenses (excluding sala- ries) in connection with the education and training of employees of State and local trans- portation agencies in accordance with this subsection. (5) FEDERAL RESPONSIBILITY.— (A) IN GENERAL.—Except as provided in subparagraph (B), education and training of employees of Federal, State, and local trans- portation (including highway) agencies au- thorized under this subsection may be pro- vided— (i) by the Secretary at no cost to the States and local governments if the Sec- retary determines that provision at no cost is in the public interest; or (ii) by the State through grants, cooper- ative agreements, and contracts with pub- lic and private agencies, institutions, indi- viduals, and the Institute. (B) PAYMENT OF FULL COST BY PRIVATE PER- SONS.—Private agencies, international or foreign entities, and individuals shall pay the full cost of any education and training received by them unless the Secretary deter- mines that a lower cost is of critical impor- tance to the public interest. (6) TRAINING FELLOWSHIPS; COOPERATION.— The Institute may— (A) engage in training activities author- ized under this subsection, including the granting of training fellowships; and (B) carry out its authority independently or in cooperation with any other branch of the Federal Government or any State agen- cy, authority, association, institution, for- profit or nonprofit corporation, other na- tional or international entity, or other per- son. (7) COLLECTION OF FEES.— (A) GENERAL RULE.—In accordance with this subsection, the Institute may assess and collect fees solely to defray the costs of the Institute in developing or administering education and training programs under this subsection. (B) LIMITATION.—Fees may be assessed and collected under this subsection only in a manner that may reasonably be expected to result in the collection of fees during any fiscal year in an aggregate amount that does not exceed the aggregate amount of the costs referred to in subparagraph (A) for the fiscal year. (C) PERSONS SUBJECT TO FEES.—Fees may be assessed and collected under this sub- section only with respect to— (i) persons and entities for whom edu- cation or training programs are developed or administered under this subsection; and (ii) persons and entities to whom edu- cation or training is provided under this subsection. (D) AMOUNT OF FEES.—The fees assessed and collected under this subsection shall be established in a manner that ensures that the liability of any person or entity for a fee is reasonably based on the proportion of the costs referred to in subparagraph (A) that re- late to the person or entity. (E) USE.—All fees collected under this sub- section shall be used to defray costs associ- ated with the development or administra- tion of education and training programs au- thorized under this subsection. (8) RELATION TO FEES.—The funds made available to carry out this subsection may be combined with or held separate from the fees collected under paragraph (7). Page 453 TITLE 23—HIGHWAYS § 504 (b) LOCAL TECHNICAL ASSISTANCE PROGRAM.— (1) AUTHORITY.—The Secretary shall carry out a local technical assistance program that will provide access to surface transportation technology to— (A) highway and transportation agencies in urbanized and rural areas; (B) contractors that perform work for the agencies; and (C) infrastructure security staff. (2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—The Secretary may make grants and enter into cooperative agreements and contracts to provide education and training, technical assistance, and related support serv- ices to— (A) assist rural, local transportation agen- cies and tribal governments, and the con- sultants and construction personnel working for the agencies and governments, to— (i) develop and expand expertise in road and transportation areas (including pave- ment, bridge, concrete structures, inter- modal connections, safety management systems, intelligent transportation sys- tems, incident response, operations, and traffic safety countermeasures); (ii) improve roads and bridges; (iii) enhance— (I) programs for the movement of pas- sengers and freight; and (II) intergovernmental transportation planning and project selection; and (iv) deal effectively with special trans- portation-related problems by preparing and providing training packages, manuals, guidelines, and technical resource mate- rials; (B) develop technical assistance for tour- ism and recreational travel; (C) identify, package, and deliver transpor- tation technology and traffic safety infor- mation to local jurisdictions to assist urban transportation agencies in developing and expanding their ability to deal effectively with transportation-related problems (par- ticularly the promotion of regional coopera- tion); (D) operate, in cooperation with State transportation departments and univer- sities— (i) local technical assistance program centers designated to provide transpor- tation technology transfer services to rural areas and to urbanized areas; and (ii) local technical assistance program centers designated to provide transpor- tation technical assistance to tribal gov- ernments; and (E) allow local transportation agencies and tribal governments, in cooperation with the private sector, to enhance new technology implementation. (3) FEDERAL SHARE.— (A) LOCAL TECHNICAL ASSISTANCE CEN- TERS.— (i) IN GENERAL.—Subject to subparagraph (B), the Federal share of the cost of an ac- tivity carried out by a local technical as- sistance center under paragraphs (1) and (2) shall be 50 percent. (ii) NON-FEDERAL SHARE.—The non-Fed- eral share of the cost of an activity de- scribed in clause (i) may consist of amounts provided to a recipient under sub- section (e) or section 505, up to 100 percent of the non-Federal share. (B) TRIBAL TECHNICAL ASSISTANCE CEN- TERS.—The Federal share of the cost of an activity carried out by a tribal technical as- sistance center under paragraph (2)(D)(ii) shall be 100 percent. (c) RESEARCH FELLOWSHIPS.— (1) GENERAL AUTHORITY.—The Secretary, act- ing either independently or in cooperation with other Federal departments, agencies, and instrumentalities, may make grants for re- search fellowships for any purpose for which research is authorized by this chapter. (2) DWIGHT DAVID EISENHOWER TRANSPOR- TATION FELLOWSHIP PROGRAM.— (A) IN GENERAL.—The Secretary shall es- tablish and implement a transportation re- search fellowship program for the purpose of attracting qualified students to the field of transportation, which program shall be known as the ‘‘Dwight David Eisenhower Transportation Fellowship Program’’. (B) USE OF AMOUNTS.—Amounts provided to institutions of higher education to carry out this paragraph shall be used to provide direct support of student expenses. (d) GARRETT A. MORGAN TECHNOLOGY AND TRANSPORTATION EDUCATION PROGRAM.— (1) IN GENERAL.—The Secretary shall estab- lish the Garrett A. Morgan Technology and Transportation Education Program to im- prove the preparation of students, particularly women and minorities, in science, technology, engineering, and mathematics through cur- riculum development and other activities re- lated to transportation. (2) AUTHORIZED ACTIVITIES.—The Secretary shall award grants under this subsection on the basis of competitive peer review. Grants awarded under this subsection may be used for enhancing science, technology, engineering, and mathematics at the elementary and sec- ondary school level through such means as— (A) internships that offer students experi- ence in the transportation field; (B) programs that allow students to spend time observing scientists and engineers in the transportation field; and (C) developing relevant curriculum that uses examples and problems related to trans- portation. (3) APPLICATION AND REVIEW PROCEDURES.— (A) IN GENERAL.—An entity described in subparagraph (C) seeking funding under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Sec- retary may require. Such application, at a minimum, shall include a description of how the funds will be used to serve the purposes described in paragraph (2). (B) PRIORITY.—In making awards under this subsection, the Secretary shall give pri- Page 454 TITLE 23—HIGHWAYS § 504 ority to applicants that will encourage the participation of women and minorities. (C) ELIGIBILITY.—Local educational agen- cies and State educational agencies, which may enter into a partnership agreement with institutions of higher education, busi- nesses, or other entities, shall be eligible to apply for grants under this subsection. (4) DEFINITIONS.—In this subsection, the fol- lowing definitions apply: (A) INSTITUTION OF HIGHER EDUCATION.— The term ‘‘institution of higher education’’ has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (B) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given that term in section 8101 of the Ele- mentary and Secondary Education Act of 1965. (C) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ has the meaning given that term in section 8101 of the Ele- mentary and Secondary Education Act of 1965. (e) SURFACE TRANSPORTATION WORKFORCE DE- VELOPMENT, TRAINING, AND EDUCATION.— (1) FUNDING.—Subject to project approval by the Secretary, a State may obligate funds ap- portioned to the State under paragraphs (1) through (4) of section 104(b) for surface trans- portation workforce development, training, and education, including— (A) tuition and direct educational ex- penses, excluding salaries, in connection with the education and training of employ- ees of State and local transportation agen- cies; (B) employee professional development; (C) student internships; (D) pre-apprenticeships, apprenticeships, and career opportunities for on-the-job training; (E) university, college, community college, or vocational school support; (F) education activities, including out- reach, to develop interest and promote par- ticipation in surface transportation careers; (G) activities associated with workforce training and employment services, such as targeted outreach and partnerships with in- dustry, economic development organiza- tions, workforce development boards, and labor organizations; (H) activities carried out by the National Highway Institute under subsection (a); and (I) local technical assistance programs under subsection (b). (2) FEDERAL SHARE.—The Federal share of the cost of activities carried out in accordance with this subsection shall be 100 percent, ex- cept for activities carried out under paragraph (1)(I), for which the Federal share shall be 50 percent. (3) SURFACE TRANSPORTATION WORKFORCE DE- VELOPMENT, TRAINING, AND EDUCATION DE- FINED.—In this subsection, the term ‘‘surface transportation workforce development, train- ing, and education’’ means activities associ- ated with surface transportation career aware- ness, student transportation career prepara- tion, and training and professional develop- ment for surface transportation workers, in- cluding— (A) activities for women and minorities; (B) activities that address current work- force gaps, such as work on construction projects, of State and local transportation agencies; (C) activities to develop a robust surface transportation workforce with new skills re- sulting from emerging transportation tech- nologies; and (D) activities to attract new sources of job-creating investment. (f) TRANSPORTATION EDUCATION AND TRAINING DEVELOPMENT AND DEPLOYMENT PROGRAM.— (1) ESTABLISHMENT.—The Secretary shall es- tablish a program to make grants to edu- cational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agen- cies— (A) to develop, test, and review new cur- ricula and education programs to train indi- viduals at all levels of the transportation workforce; or (B) to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and fu- ture needs. (2) SELECTION OF GRANT RECIPIENTS.—In se- lecting applications for awards under this sub- section, the Secretary may consider— (A) the degree to which the new curricula or education program meets the specific cur- rent or future needs of a segment of the transportation industry, States, or regions; (B) providing for practical experience and on-the-job training; (C) proposals oriented toward practitioners in the field rather than the support and growth of the research community; (D) the degree to which the new curricula or program will provide training in areas other than engineering, such as business ad- ministration, economics, information tech- nology, environmental science, and law; (E) programs or curricula that train pro- fessionals for work in the transportation field, such as construction, materials, infor- mation technology, environmental science, urban planning, and industrial or emerging technology; and (F) the commitment of industry or a State’s department of transportation to the program. (3) REPORTING.—The Secretary shall estab- lish minimum reporting requirements for grant recipients under this subsection, which may include, with respect to a program car- ried out with a grant under this subsection— (A) the percentage or number of program participants that are employed during the second quarter after exiting the program; (B) the percentage or number of program participants that are employed during the fourth quarter after exiting the program; (C) the median earnings of program par- ticipants that are employed during the sec- ond quarter after exiting the program; Page 455 TITLE 23—HIGHWAYS § 504 (D) the percentage or number of program participants that obtain a recognized post- secondary credential or a secondary school diploma (or a recognized equivalent) during participation in the program or by not later than 1 year after exiting the program; and (E) the percentage or number of program participants that, during a program year— (i) are in an education or training pro- gram that leads to a recognized postsec- ondary credential or employment; and (ii) are achieving measurable skill gains toward such a credential or employment. (4) LIMITATIONS.—The amount of a grant under this subsection shall not exceed $300,000 per year. After a recipient has received 3 years of Federal funding under this subsection, Fed- eral funding may equal not more than 75 per- cent of a grantee’s program costs. (g) FREIGHT CAPACITY BUILDING PROGRAM.— (1) ESTABLISHMENT.—The Secretary shall es- tablish a freight planning capacity building initiative to support enhancements in freight transportation planning in order to— (A) better target investments in freight transportation systems to maintain effi- ciency and productivity; and (B) strengthen the decisionmaking capac- ity of State transportation departments and local transportation agencies with respect to freight transportation planning and systems. (2) AGREEMENTS.—The Secretary shall enter into agreements to support and carry out ad- ministrative and management activities relat- ing to the governance of the freight planning capacity initiative. (3) STAKEHOLDER INVOLVEMENT.—In carrying out this section, the Secretary shall consult with the Association of Metropolitan Planning Organizations, the American Association of State Highway and Transportation Officials, and other freight planning stakeholders, in- cluding the other Federal agencies, State transportation departments, local govern- ments, nonprofit entities, academia, and the private sector. (4) ELIGIBLE ACTIVITIES.—The freight plan- ning capacity building initiative shall include research, training, and education in the fol- lowing areas: (A) The identification and dissemination of best practices in freight transportation. (B) Providing opportunities for freight transportation staff to engage in peer ex- change. (C) Refinement of data and analysis tools used in conjunction with assessing freight transportation needs. (D) Technical assistance to State transpor- tation departments and local transportation agencies reorganizing to address freight transportation issues. (E) Facilitating relationship building be- tween governmental and private entities in- volved in freight transportation. (F) Identifying ways to target the capacity of State transportation departments and local transportation agencies to address freight considerations in operations, secu- rity, asset management, and environmental stewardship in connection with long-range multimodal transportation planning and project implementation. (5) FEDERAL SHARE.—The Federal share of the cost of an activity carried out under this section shall be up to 100 percent, and such funds shall remain available until expended. (6) USE OF FUNDS.—Funds made available for the program established under this subsection may be used for research, program develop- ment, information collection and dissemina- tion, and technical assistance. The Secretary may use such funds independently or make grants to and enter into contracts and cooper- ative agreements with a Federal agency, State agency, local agency, federally recognized In- dian tribal government or tribal consortium, authority, association, nonprofit or for-profit corporation, or institution of higher edu- cation, to carry out the purposes of this sub- section. (h) CENTERS FOR SURFACE TRANSPORTATION EX- CELLENCE.— (1) IN GENERAL.—The Secretary shall make grants under this section to establish and maintain centers for surface transportation excellence. (2) GOALS.—The goals of a center referred to in paragraph (1) shall be to promote and sup- port strategic national surface transportation programs and activities relating to the work of State departments of transportation in the areas of environment, surface transportation safety, rural safety, and project finance. (3) ROLE OF THE CENTERS.—To achieve the goals set forth in paragraph (2), any centers established under paragraph (1) shall provide technical assistance, information sharing of best practices, and training in the use of tools and decisionmaking processes that can assist States in effectively implementing surface transportation programs, projects, and poli- cies. (4) PROGRAM ADMINISTRATION.— (A) COMPETITION.—A party entering into a contract, cooperative agreement, or other transaction with the Secretary under this subsection, or receiving a grant to perform research or provide technical assistance under this subsection, shall be selected on a competitive basis. (B) STRATEGIC PLAN.—The Secretary shall require each center to develop a multiyear strategic plan, that— (i) is submitted to the Secretary at such time as the Secretary requires; and (ii) describes— (I) the activities to be undertaken by the center; and (II) how the work of the center will be coordinated with the activities of the Federal Highway Administration and the various other research, development, and technology transfer activities authorized under this chapter. (i) USE OF FUNDS.—The Secretary may use funds made available to carry out this section to carry out activities related to workforce devel- opment and technical assistance and training if— Page 456 TITLE 23—HIGHWAYS § 504 (1) the activities are authorized by another provision of this title; and (2) the activities are for entities other than employees of the Secretary, such as States, units of local government, Federal land man- agement agencies, and Tribal governments. (Added Pub. L. 105–178, title V, § 5104, June 9, 1998, 112 Stat. 429; amended Pub. L. 109–59, title V, § 5204(a)(1), (b), (d)(1), (e), (h)(1), Aug. 10, 2005, 119 Stat. 1790, 1792–1794; Pub. L. 112–141, div. E, title II, § 52004, July 6, 2012, 126 Stat. 880; Pub. L. 114–94, div. A, title I, § 1109(c)(4), Dec. 4, 2015, 129 Stat. 1343; Pub. L. 114–95, title IX, § 9215(vvv), Dec. 10, 2015, 129 Stat. 2191; Pub. L. 117–58, div. A, title I, § 11525(s), title III, § 13007, Nov. 15, 2021, 135 Stat. 608, 639.) Editorial Notes REFERENCES IN TEXT Section 8101 of the Elementary and Secondary Edu- cation Act of 1965, referred to in subsec. (d)(4)(B), (C), is classified to section 7801 of Title 20, Education. PRIOR PROVISIONS A prior section 504, added Pub. L. 90–495, § 30, Aug. 23, 1968, 82 Stat. 831, related to Federal reimbursement for highway relocation assistance, prior to repeal by Pub. L. 91–646, title II, § 220(a)(10), Jan. 2, 1971, 84 Stat. 1903. AMENDMENTS 2021—Subsec. (e)(1)(D). Pub. L. 117–58, § 13007(a)(1)(B), added subpar. (D). Former subpar. (D) redesignated (E). Subsec. (e)(1)(E). Pub. L. 117–58, § 13007(a)(1)(A), (C), redesignated subpar. (D) as (E) and substituted ‘‘, college, community college, or vocational school’’ for ‘‘or community college’’. Former subpar. (E) redes- ignated (F). Subsec. (e)(1)(F) to (I). Pub. L. 117–58, § 13007(a)(1)(A), (D), added subpar. (G) and redesignated former subpars. (E) to (G) as (F), (H), and (I), respectively. Subsec. (e)(2). Pub. L. 117–58, § 13007(a)(2), substituted ‘‘paragraph (1)(I)’’ for ‘‘paragraph (1)(G)’’. Subsec. (e)(3). Pub. L. 117–58, § 13007(a)(3), inserted dash after ‘‘including’’ and subpar. (A) designation be- fore ‘‘activities’’ and added subpars. (B) to (D). Subsec. (f). Pub. L. 117–58, § 13007(b)(1), substituted ‘‘and Training Development and Deployment’’ for ‘‘De- velopment’’ in heading. Subsec. (f)(1). Pub. L. 117–58, § 13007(b)(2), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘The Secretary shall establish a program to make grants to institutions of higher edu- cation that, in partnership with industry or State de- partments of transportation, will develop, test, and re- vise new curricula and education programs to train in- dividuals at all levels of the transportation workforce.’’ Subsec. (f)(2). Pub. L. 117–58, § 13007(b)(3)(A), sub- stituted ‘‘may’’ for ‘‘shall’’ in introductory provisions. Subsec. (f)(2)(A). Pub. L. 117–58, § 13007(b)(3)(B), in- serted ‘‘current or future’’ after ‘‘specific’’. Subsec. (f)(2)(E). Pub. L. 117–58, § 13007(b)(3)(C), struck out ‘‘in nontraditional departments’’ after ‘‘curricula’’ and inserted ‘‘construction,’’ after ‘‘such as’’ and ‘‘or emerging’’ after ‘‘industrial’’. Subsec. (f)(3), (4). Pub. L. 117–58, § 13007(b)(4), (5), added par. (3) and redesignated former par. (3) as (4). Subsec. (g)(6). Pub. L. 117–58, § 11525(s), substituted ‘‘make grants to’’ for ‘‘make grants or to’’. Subsec. (i). Pub. L. 117–58, § 13007(c), added subsec. (i). 2015—Subsec. (a)(4). Pub. L. 114–94 substituted ‘‘104(b)(2)’’ for ‘‘104(b)(3)’’ and ‘‘surface transportation block grant program’’ for ‘‘surface transportation pro- gram’’. Subsec. (d)(4)(B), (C). Pub. L. 114–95 substituted ‘‘sec- tion 8101 of the Elementary and Secondary Education Act of 1965’’ for ‘‘section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)’’. 2012—Subsec. (a)(2)(A). Pub. L. 112–141, § 52004(1)(A), inserted ‘‘and the employees of any other applicable Federal agency’’ before the semicolon at end. Subsec. (a)(3)(A)(ii)(V). Pub. L. 112–141, § 52004(1)(B), substituted ‘‘reducing the amount of time required for’’ for ‘‘expediting’’. Subsec. (b)(3). Pub. L. 112–141, § 52004(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘The Federal share of the cost of activities carried out by the tribal technical assistance centers under paragraph (2)(D)(ii) shall be 100 percent.’’ Subsec. (c)(2). Pub. L. 112–141, § 52004(3), designated ex- isting provisions as subpar. (A), inserted subpar. head- ing, substituted ‘‘, which program’’ for ‘‘. The pro- gram’’, and added subpar. (B). Subsec. (e)(1). Pub. L. 112–141, § 52004(4)(A)(i), sub- stituted ‘‘paragraphs (1) through (4) of section 104(b)’’ for ‘‘sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144(e)’’ in introductory provisions. Subsec. (e)(1)(F), (G). Pub. L. 112–141, § 52004(4)(A)(ii)–(iv), added subpars. (F) and (G). Subsec. (e)(2). Pub. L. 112–141, § 52004(4)(B), inserted ‘‘, except for activities carried out under paragraph (1)(G), for which the Federal share shall be 50 percent’’ before the period at end. Subsec. (f). Pub. L. 112–141, § 52004(5), struck out ‘‘PILOT’’ before ‘‘PROGRAM’’ in heading. Subsec. (g)(4)(F). Pub. L. 112–141, § 52004(6), sub- stituted ‘‘stewardship’’ for ‘‘excellence’’. Subsec. (h). Pub. L. 112–141, § 52004(7), added subsec. (h). 2005—Subsec. (a)(3). Pub. L. 109–59, § 5204(a)(1), reen- acted heading without change and amended text of par. (3) generally. Prior to amendment, text read as follows: ‘‘The Institute may develop and administer courses in modern developments, techniques, methods, regula- tions, management, and procedures relating to surface transportation, environmental mitigation and compli- ance, acquisition of rights-of-way, relocation assist- ance, engineering, safety, construction, maintenance and operations, contract administration, motor carrier safety activities, inspection, and highway finance.’’ Subsec. (b). Pub. L. 109–59, § 5204(b), reenacted heading without change and amended text of subsec. (b) gen- erally, substituting provisions relating to authority to carry out a local technical assistance program, author- ity to make grants and enter into cooperative agree- ments and contracts, and Federal share of the cost of activities carried out by tribal technical assistance centers, consisting of pars. (1) to (3), for provisions re- lating to authority to carry out a local technical as- sistance program and authority to make grants and enter into cooperative agreements and contracts, con- sisting of pars. (1) and (2). Subsec. (d). Pub. L. 109–59, § 5204(d)(1), added subsec. (d). Subsecs. (e), (f). Pub. L. 109–59, § 5204(e), added sub- secs. (e) and (f). Subsec. (g). Pub. L. 109–59, § 5204(h)(1), added subsec. (g). 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. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. 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. Page 457 TITLE 23—HIGHWAYS § 505 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. CENTER FOR TRANSPORTATION ADVANCEMENT AND REGIONAL DEVELOPMENT Pub. L. 109–59, title V, § 5504, Aug. 10, 2005, 119 Stat. 1822, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary [of Transpor- tation] shall establish a Center for Transportation Ad- vancement and Regional Development (referred to in this section as the ‘Center’) to assist, through training, education, and research, in the comprehensive develop- ment of small metropolitan and rural regional trans- portation systems that are responsive to the needs of businesses and local communities. ‘‘(b) ACTIVITIES.—In carrying out this section, the Center shall— ‘‘(1) provide training, information, and professional resources for small metropolitan and rural regions to pursue innovative strategies to expand the capabili- ties, capacity, and effectiveness of a region’s trans- portation network, including activities related to freight projects, transit system upgrades, roadways and bridges, and intermodal transfer facilities and operations; ‘‘(2) assist local officials, rural transportation and economic development planners, officials from State departments of transportation and economic develop- ment, business leaders, and other stakeholders in de- veloping public-private partnerships to enhance their transportation systems; and ‘‘(3) promote the leveraging of regional transpor- tation planning with regional economic and business development planning to assure that appropriate transportation systems are created. ‘‘(c) PROGRAM ADMINISTRATION.—To carry out this section, the Secretary [of Transportation] shall make a grant to, or enter into a cooperative agreement or con- tract with the National Association of Development Or- ganizations. ‘‘(d) FUNDING.— ‘‘(1) IN GENERAL.—Of the amounts made available by section 5101(a)(1) of this Act [119 Stat. 1779], $625,000 shall be available for each of fiscal years 2006 through 2009 to carry out this section. ‘‘(2) FEDERAL SHARE.—The Federal share of the cost of activities carried out in accordance with this sub- section shall be 100 percent.’’ TRANSPORTATION SCHOLARSHIP OPPORTUNITIES PROGRAM Pub. L. 109–59, title V, § 5505, Aug. 10, 2005, 119 Stat. 1822, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Secretary [of Transportation] may establish and implement a scholarship program for the purpose of attracting qualified students for transportation-related critical jobs. ‘‘(2) PARTNERSHIP.—The Secretary may establish the program in partnership with appropriate non- governmental institutions. ‘‘(b) PARTICIPATION.—An operating administration of the Department and the Office of Inspector General may participate in the scholarship program. ‘‘(c) FUNDING.—Notwithstanding any other provision of law, the Secretary [of Transportation] may use funds available to an operating administration or from the Office of Inspector General of the Department for the purpose of carrying out this section.’’ § 505. State planning and research (a) GENERAL RULE.—Two percent of the sums apportioned to a State for fiscal year 1998 and each fiscal year thereafter under paragraphs (1) through (5) of section 104(b) shall be available for expenditure by the State, in consultation with the Secretary, only for the following pur- poses: (1) Engineering and economic surveys and investigations. (2) The planning of future highway programs and local public transportation systems and the planning of the financing of such programs and systems, including metropolitan and statewide planning under sections 134 and 135. (3) Development and implementation of management systems, plans, and processes under sections 119, 148, 149, and 167. (4) Studies of the economy, safety, and con- venience of surface transportation systems and the desirable regulation and equitable tax- ation of such systems. (5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, man- agement, and maintenance of highway, public transportation, and intermodal transportation systems. (6) Study, research, and training on the engi- neering standards and construction materials for transportation systems described in para- graph (5), including the evaluation and accred- itation of inspection and testing and the regu- lation and taxation of their use. (7) The conduct of activities relating to the planning of real-time monitoring elements. (b) MINIMUM EXPENDITURES ON RESEARCH, DE- VELOPMENT, AND TECHNOLOGY TRANSFER ACTIVI- TIES.— (1) IN GENERAL.—Subject to paragraph (2), not less than 25 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the State for research, development, and technology transfer activities described in subsection (a), relating to highway, public transportation, and intermodal transportation systems. (2) WAIVERS.—The Secretary may waive the application of paragraph (1) with respect to a State for a fiscal year if the State certifies to the Secretary for the fiscal year that total ex- penditures by the State for transportation planning under sections 134 and 135 will exceed 75 percent of the funds described in paragraph (1) and the Secretary accepts such certifi- cation. (3) NONAPPLICABILITY OF ASSESSMENT.— Funds expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act (15 U.S.C. 638). (c) IMPLEMENTATION OF FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM FINDINGS AND RE- SULTS.— (1) FUNDS.—A State shall make available to the Secretary to carry out section 503(c)(2)(C) a percentage of funds subject to subsection (a) that are apportioned to that State, that is agreed to by 3⁄4 of States for each of fiscal years 2013 and 2014. (2) TREATMENT OF FUNDS.—Funds expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Busi- ness Act (15 U.S.C. 638).