49 U.S.C. § 5312 — Public transportation innovation

Page 303 TITLE 49—TRANSPORTATION § 5312 imum feasible coordination of mass transportation service assisted under this section with transportation service assisted by other United States Government sources. ‘‘(2) The Secretary of Transportation shall carry out a rural transportation assistance program in nonurban- ized areas. In carrying out this paragraph, the Sec- retary may make grants and contracts for transpor- tation research, technical assistance, training, and re- lated support services in nonurbanized areas.’’ Subsec. (c). Pub. L. 109–59, § 3013(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Secretary of Transportation shall apportion amounts made available under section 5338(a) of this title so that the chief executive officer of each State receives an amount equal to the total amount apportioned multiplied by a ratio equal to the population of areas other than urbanized areas in a State divided by the population of all areas other than urbanized areas in the United States, as shown by the most recent of the following: the latest Government census, the population estimate the Secretary of Com- merce prepares after the 4th year after the date the lat- est census is published, or the population estimate the Secretary of Commerce prepares after the 8th year after the date the latest census is published. The amount may be obligated by the chief executive officer for 2 years after the fiscal year in which the amount is apportioned. An amount that is not obligated at the end of that period shall be reapportioned among the States for the next fiscal year.’’ Subsec. (e). Pub. L. 109–59, § 3013(d), inserted ‘‘, Planning,’’ after ‘‘Administration’’ in heading and in text struck out ‘‘(1)’’ before ‘‘The Secretary’’, sub- stituted ‘‘subrecipient’’ for ‘‘recipient’’, and struck out par. (2) which read as follows: ‘‘Except as provided in this section, a State carrying out a program of oper- ating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.’’ Subsec. (e)(1). Pub. L. 109–59, § 3002(b)(4), substituted ‘‘public transportation’’ for ‘‘mass transportation’’ in two places. Subsec. (f)(1). Pub. L. 109–59, § 3013(e)(1), inserted heading, struck out ‘‘after September 30, 1993,’’ after ‘‘in each fiscal year’’ in introductory provisions and re- aligned margins of subpars. (A) to (D). Subsec. (f)(1)(E). Pub. L. 109–59, § 3002(b)(4), sub- stituted ‘‘public transportation’’ for ‘‘mass transpor- tation’’. Subsec. (f)(2). Pub. L. 109–59, § 3013(e)(2), inserted heading and substituted ‘‘Secretary, after consultation with affected intercity bus service providers,’’ for ‘‘Sec- retary of Transportation’’. Subsec. (g). Pub. L. 109–59, § 3013(f), substituted ‘‘Gov- ernment’’ for ‘‘Government’s’’ in heading and amended text generally. Prior to amendment, text read as fol- lows: ‘‘(1) In this subsection, ‘amounts of the Government or revenues’ do not include amounts received under a service agreement with a State or local social service agency or a private social service organization. ‘‘(2) A grant of the Government for a capital project under this section may not be more than 80 percent of the net cost of the project, as determined by the Sec- retary of Transportation. A grant to pay a subsidy for operating expenses may not be more than 50 percent of the net cost of the operating expense project. At least 50 percent of the remainder shall be provided in cash from sources other than amounts of the Government or revenues from providing mass transportation. Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.’’ Subsec. (h). Pub. L. 109–59, § 3013(g), redesignated sub- sec. (i) as (h) and struck out heading and text of former subsec. (h). Text read as follows: ‘‘An amount made available under this section may be used for operating assistance.’’ Subsec. (i). Pub. L. 109–59, § 3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h). Subsec. (i)(1). Pub. L. 109–59, § 3013(h), which directed amendment of subsec. (j)(1) by substituting ‘‘if the Sec- retary of Labor utilizes a special warranty that pro- vides a fair and equitable arrangement to protect the interests of employees’’ for ‘‘but the Secretary of Labor may waive the application of section 5333(b)’’, was exe- cuted by making the substitution in subsec. (i)(1) to re- flect the probable intent of Congress and the redesigna- tion of subsec. (j) as (i) by Pub. L. 109–59, § 3013(g)(2). See above. Subsec. (j). Pub. L. 109–59, § 3013(g)(2), redesignated subsec. (j) as (i). 1998—Pub. L. 105–178, § 3014(a)(1), substituted ‘‘For- mula grants’’ for ‘‘Financial assistance’’ in section catchline. Subsec. (f)(1). Pub. L. 105–178, § 3014(a)(2), struck out ‘‘10 percent of the amount made available in the fiscal year ending September 30, 1993, and’’ before ‘‘15 percent of the amount’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT 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. EFFECTIVE AND TERMINATION DATES OF 2012 AMENDMENT Amendment by section 20010 of Pub. L. 112–141 effec- tive Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out a note under section 101 of Title 23, Highways. Amendment by section 113004 of Pub. L. 112–141 effec- tive July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title. Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be exe- cuted as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways. § 5312. Public transportation innovation (a) IN GENERAL.—The Secretary shall provide assistance for projects and activities to advance innovative public transportation research and development in accordance with the require- ments of this section. (b) RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT PROJECTS.— (1) IN GENERAL.—The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements for re- search, development, demonstration, and de- ployment projects, and evaluation of research and technology of national significance to public transportation, that the Secretary de- termines will improve public transportation. (2) AGREEMENTS.—In order to carry out para- graph (1), the Secretary may make grants to and enter into contracts, cooperative agree- ments, and other agreements with— (A) departments, agencies, and instrumen- talities of the Government, including Fed- eral laboratories; (B) State and local governmental entities; (C) providers of public transportation; (D) private or non-profit organizations; (E) institutions of higher education; and (F) technical and community colleges. (3) APPLICATION.— (A) IN GENERAL.—To receive a grant, con- tract, cooperative agreement, or other Page 304 TITLE 49—TRANSPORTATION § 5312 agreement under this section, an entity de- scribed in paragraph (2) shall submit an ap- plication to the Secretary. (B) FORM AND CONTENTS.—An application under subparagraph (A) shall be in such form and contain such information as the Sec- retary may require, including— (i) a statement of purpose detailing the need being addressed; (ii) the short- and long-term goals of the project, including opportunities for future innovation and development, the potential for deployment, and benefits to riders and public transportation; and (iii) the short- and long-term funding re- quirements to complete the project and any future objectives of the project. (4) ACCELERATED IMPLEMENTATION AND DE- PLOYMENT OF ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.— (A) IN GENERAL.—The Secretary shall es- tablish and implement a program under this subsection to promote, implement, deploy, demonstrate, showcase, support, and docu- ment the application of advanced digital construction management systems, prac- tices, performance, and benefits. (B) GOALS.—The goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph (A) shall include— (i) accelerated adoption of advanced dig- ital systems applied throughout the lifecycle of transportation infrastructure (including through the planning, design and engineering, construction, operations, and maintenance phases) that— (I) maximize interoperability with other systems, products, tools, or appli- cations; (II) boost productivity; (III) manage complexity; (IV) reduce project delays and cost overruns; (V) enhance safety and quality; and (VI) reduce total costs for the entire lifecycle of transportation infrastructure assets; (ii) more timely and productive informa- tion-sharing among stakeholders through reduced reliance on paper to manage con- struction processes and deliverables such as blueprints, design drawings, procure- ment and supply-chain orders, equipment logs, daily progress reports, and punch lists; (iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the- art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision; (iv) the development and deployment of best practices for use in digital construc- tion management; (v) increased technology adoption and deployment by States, local governmental authorities, and designated recipients that enables project sponsors— (I) to integrate the adoption of digital management systems and technologies in contracts; and (II) to weigh the cost of digitization and technology in setting project budg- ets; (vi) technology training and workforce development to build the capabilities of project managers and sponsors that en- ables States, local governmental authori- ties, or designated recipients— (I) to better manage projects using ad- vanced construction management tech- nologies; and (II) to properly measure and reward technology adoption across projects; (vii) development of guidance to assist States, local governmental authorities, and designated recipients in updating reg- ulations to allow project sponsors and con- tractors— (I) to report data relating to the project in digital formats; and (II) to fully capture the efficiencies and benefits of advanced digital con- struction management systems and re- lated technologies; (viii) reduction in the environmental footprint of construction projects using advanced digital construction manage- ment systems resulting from elimination of congestion through more efficient projects; and (ix) enhanced worker and pedestrian safety resulting from increased trans- parency. (C) PUBLICATION.—The reporting require- ments for the accelerated implementation and deployment of advanced digital con- struction management systems program es- tablished under section 503(c)(5) of title 23 shall include data and analysis collected under this section. (c) RESEARCH.— (1) IN GENERAL.—The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this sec- tion with an entity described in subsection (b)(2) to carry out a public transportation re- search project that has as its ultimate goal the development and deployment of new and innovative ideas, practices, and approaches. (2) PROJECT ELIGIBILITY.—A public transpor- tation research project that receives assist- ance under paragraph (1) shall focus on— (A) providing more effective and efficient public transportation service, including services to— (i) seniors; (ii) individuals with disabilities; and (iii) low-income individuals; (B) mobility management and improve- ments and travel management systems; (C) data and communication system ad- vancements; (D) system capacity, including— Page 305 TITLE 49—TRANSPORTATION § 5312 (i) train control; (ii) capacity improvements; and (iii) performance management; (E) capital and operating efficiencies; (F) planning and forecasting modeling and simulation; (G) advanced vehicle design; (H) advancements in vehicle technology; (I) asset maintenance and repair systems advancement; (J) construction and project management; (K) alternative fuels; (L) the environment and energy efficiency; (M) safety improvements; or (N) any other area that the Secretary de- termines is important to advance the inter- ests of public transportation. (d) INNOVATION AND DEVELOPMENT.— (1) IN GENERAL.—The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this sec- tion with an entity described in subsection (b)(2) to carry out a public transportation in- novation and development project that seeks to improve public transportation systems na- tionwide in order to provide more efficient and effective delivery of public transportation services, including through technology and technological capacity improvements. (2) PROJECT ELIGIBILITY.—A public transpor- tation innovation and development project that receives assistance under paragraph (1) shall focus on— (A) the development of public transpor- tation research projects that received assist- ance under subsection (c) that the Secretary determines were successful; (B) planning and forecasting modeling and simulation; (C) capital and operating efficiencies; (D) advanced vehicle design; (E) advancements in vehicle technology; (F) the environment and energy efficiency; (G) system capacity, including train con- trol and capacity improvements; or (H) any other area that the Secretary de- termines is important to advance the inter- ests of public transportation. (e) DEMONSTRATION, DEPLOYMENT, AND EVAL- UATION.— (1) IN GENERAL.—The Secretary may, under terms and conditions that the Secretary pre- scribes, make a grant to or enter into a con- tract, cooperative agreement, or other agree- ment with an entity described in paragraph (2) to promote the early deployment and dem- onstration of innovation in public transpor- tation that has broad applicability. (2) PARTICIPANTS.—An entity described in this paragraph is— (A) an entity described in subsection (b)(2); or (B) a consortium of entities described in subsection (b)(2), including a provider of public transportation, that will share the costs, risks, and rewards of early deploy- ment and demonstration of innovation. (3) PROJECT ELIGIBILITY.—A demonstration, deployment, or evaluation project that re- ceives assistance under paragraph (1) shall seek to build on successful research, innova- tion, and development efforts to facilitate— (A) the deployment of research and tech- nology development resulting from private efforts or Federally funded efforts; (B) the implementation of research and technology development to advance the in- terests of public transportation; or (C) the deployment of low or no emission vehicles, zero emission vehicles, or associ- ated advanced technology. (4) EVALUATION.—Not later than 2 years after the date on which a project receives assistance under paragraph (1), the Secretary shall con- duct a comprehensive evaluation of the suc- cess or failure of the projects funded under this subsection and any plan for broad-based implementation of the innovation promoted by successful projects. (5) PROHIBITION.—The Secretary may not make grants under this subsection for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the Secretary determines that the project makes significant technological advancements in the vehicle. (6) DEFINITIONS.—In this subsection— (A) the term ‘‘direct carbon emissions’’ means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency; (B) the term ‘‘low or no emission vehicle’’ means— (i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, includ- ing direct carbon emissions, when com- pared to a comparable standard vehicle; or (ii) a zero emission vehicle used to pro- vide public transportation; and (C) the term ‘‘zero emission vehicle’’ means a low or no emission vehicle that pro- duces no carbon or particulate matter. (f) ANNUAL REPORT ON RESEARCH.— (1) IN GENERAL.—Not later than the first Monday in February of each year, the Sec- retary shall make available to the public on the Web site of the Department of Transpor- tation, a report that includes— (A) a description of each project that re- ceived assistance under this section during the preceding fiscal year; (B) an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year; and (C) a strategic research roadmap proposal for allocations of amounts for assistance under this section for the current and subse- quent fiscal year, including anticipated work areas, proposed demonstrations and strategic partnership opportunities; (2) UPDATES.—Not less than every 3 months, the Secretary shall update on the Web site of the Department of Transportation the infor- mation described in paragraph (1)(C) to reflect Page 306 TITLE 49—TRANSPORTATION § 5312 any changes to the Secretary’s plans to make assistance available under this section. (3) LONG-TERM RESEARCH PLANS.—The Sec- retary is encouraged to develop long-term re- search plans and shall identify in the annual report under paragraph (1) and in updates under paragraph (2) allocations of amounts for assistance and notices of funding opportuni- ties to execute long-term strategic research roadmap plans. (g) GOVERNMENT SHARE OF COSTS.— (1) IN GENERAL.—The Government share of the cost of a project carried out under this sec- tion shall not exceed 80 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share. (2) NON-GOVERNMENT SHARE.—The non-Gov- ernment share of the cost of a project carried out under this section may be derived from in- kind contributions. (3) FINANCIAL BENEFIT.—If the Secretary de- termines that there would be a clear and di- rect financial benefit to an entity under a grant, contract, cooperative agreement, or other agreement under this section, the Sec- retary shall establish a Government share of the costs of the project to be carried out under the grant, contract, cooperative agreement, or other agreement that is consistent with the benefit. (h) LOW OR NO EMISSION VEHICLE COMPONENT ASSESSMENT.— (1) DEFINITIONS.—In this subsection— (A) the term ‘‘covered institution of higher education’’ means an institution of higher education with which the Secretary enters into a contract or cooperative agreement, or to which the Secretary makes a grant, under paragraph (2)(B) to operate a facility se- lected under paragraph (2)(A); (B) the terms ‘‘direct carbon emissions’’ and ‘‘low or no emission vehicle’’ have the meanings given those terms in subsection (e)(6); (C) the term ‘‘institution of higher edu- cation’’ has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and (D) the term ‘‘low or no emission vehicle component’’ means an item that is sepa- rately installed in and removable from a low or no emission vehicle. (2) ASSESSING LOW OR NO EMISSION VEHICLE COMPONENTS.— (A) IN GENERAL.—The Secretary shall com- petitively select at least 1 facility— (i) to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles; and (ii) to conduct directed technology re- search. (B) TESTING, EVALUATION, AND ANALYSIS.— (i) IN GENERAL.—The Secretary shall enter into a contract or cooperative agree- ment with, or make a grant to, at least 1 institution of higher education to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emis- sion vehicle components, and new and emerging technology components, in- tended for use in low or no emission vehi- cles. (ii) REQUIREMENTS.—An institution of higher education described in clause (i) shall have— (I) capacity to carry out transpor- tation-related advanced component and vehicle evaluation; (II) laboratories capable of testing and evaluation; and (III) direct access to or a partnership with a testing facility capable of emu- lating real-world circumstances in order to test low or no emission vehicle com- ponents installed on the intended vehi- cle. (C) FEES.—A covered institution of higher education shall establish and collect fees, which shall be approved by the Secretary, for the assessment of low or no emission ve- hicle components at the applicable facility selected under subparagraph (A). (D) AVAILABILITY OF AMOUNTS TO PAY FOR ASSESSMENT.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to an institution of higher education under which— (i) the Secretary shall pay 50 percent of the cost of assessing a low or no emission vehicle component at the applicable facil- ity selected under subparagraph (A) from amounts made available to carry out this section; and (ii) the remaining 50 percent of such cost shall be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C). (E) VOLUNTARY TESTING.—A manufacturer of a low or no emission vehicle component is not required to assess the low or no emission vehicle component at a facility selected under subparagraph (A). (F) COMPLIANCE WITH SECTION 5318.—Not- withstanding whether a low or no emission vehicle component is assessed at a facility selected under subparagraph (A), each new bus model shall comply with the require- ments under section 5318. (G) SEPARATE FACILITY.—A facility se- lected under subparagraph (A) shall be sepa- rate and distinct from the facility operated and maintained under section 5318. (H) CAPITAL EQUIPMENT AND DIRECTED RE- SEARCH.—A facility operated and maintained under subparagraph (A) may use funds made available under this subsection for— (i) acquisition of equipment and capital projects related to testing low or no emis- sion vehicle components; or (ii) research related to advanced vehicle technologies that provides advancements to the entire public transportation indus- try. (I) COST SHARE.—The cost share for activi- ties described in subparagraph (H) shall be subject to the terms in subsection (g). (3) LOW OR NO EMISSION VEHICLE COMPONENT PERFORMANCE REPORTS.—Not later than 2 Page 307 TITLE 49—TRANSPORTATION § 5312 years after the date of enactment of the Fed- eral Public Transportation Act of 2015, and an- nually thereafter, the Secretary shall issue a report on low or no emission vehicle compo- nent assessments conducted at each facility selected under paragraph (2)(A), which shall include information related to the maintain- ability, reliability, performance, structural in- tegrity, efficiency, and noise of those low or no emission vehicle components, as applicable. (4) PUBLIC AVAILABILITY OF ASSESSMENTS.— Each assessment conducted at a facility se- lected under paragraph (2)(A) shall be made publicly available, including to affected indus- tries. (5) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to require— (A) a low or no emission vehicle compo- nent to be tested at a facility selected under paragraph (2)(A); or (B) the development or disclosure of a pri- vately funded component assessment. (i) TRANSIT COOPERATIVE RESEARCH PRO- GRAM.— (1) IN GENERAL.—The amounts made avail- able under section 5338(a)(2)(G)(ii) are avail- able for a public transportation cooperative research program. (2) INDEPENDENT GOVERNING BOARD.— (A) ESTABLISHMENT.—The Secretary shall establish an independent governing board for the program under this subsection. (B) RECOMMENDATIONS.—The board shall recommend public transportation research, development, and technology transfer activi- ties the Secretary considers appropriate. (3) FEDERAL ASSISTANCE.—The Secretary may make grants to, and enter into coopera- tive agreements with, the National Academy of Sciences to carry out activities under this subsection that the Secretary considers appro- priate. (4) GOVERNMENT SHARE OF COSTS.—If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this subsection, the Secretary shall es- tablish a Government share consistent with that benefit. (5) LIMITATION ON APPLICABILITY.—Sub- sections (f) and (g) shall not apply to activities carried out under this subsection. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 811; Pub. L. 105–178, title III, § 3015(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§ 3002(b)(4), 3014(a)–(e)(1), Aug. 10, 2005, 119 Stat. 1545, 1596, 1597; Pub. L. 110–244, title II, § 201(f), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, § 20011, July 6, 2012, 126 Stat. 686; Pub. L. 114–94, div. A, title III, § 3008(a), (b), Dec. 4, 2015, 129 Stat. 1465, 1468; Pub. L. 117–58, div. C, § 30007(a), (c), Nov. 15, 2021, 135 Stat. 900, 902.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5312(a) ........ 49 App.:1605(a). July 9, 1964, Pub. L. 88–365, § 6(a), 78 Stat. 305; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, § 13(b), 84 Stat. 969. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:1605(d). July 9, 1964, Pub. L. 88–365, § 6(d), 78 Stat. 305; Sept. 8, 1966, Pub. L. 89–562, § 3, 80 Stat. 717; May 25, 1967, Pub. L. 90–19, § 20(a), 81 Stat. 25. 5312(b)(1) .... 49 App.:1607c(a) (1st, 2d sentences). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 11(a); added Sept. 8, 1966, Pub. L. 89–562, § 2(a)(2), 80 Stat. 716. 5312(b)(2) .... 49 App.:1607c(a) (3d sentence). 5312(b)(3) .... 49 App.:1607c(a) (last sentence). 5312(c)(1) .... 49 App.:1607b (1st sentence). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 10; added Sept. 8, 1966, Pub. L. 89–562, § 2(a)(2), 80 Stat. 716; restated Nov. 6, 1978, Pub. L. 95–599, § 306, 92 Stat. 2744. 5312(c)(2) .... 49 App.:1603(c) (1st sentence). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 4(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, § 303(e), 92 Stat. 2739; Apr. 2, 1987, Pub. L. 100–17, § 320, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102–240, § 3006(h)(1), 105 Stat. 2090. 5312(c)(3) .... 49 App.:1607b (2d–last sen- tences). In subsections (a) and (b)(1), the words ‘‘(or the Sec- retary of Housing and Urban Development when re- quired by section 5334(i) of this title)’’ are added for clarity. In subsection (a), the word ‘‘working’’ is omitted as surplus. The words ‘‘departments, agencies, and instru- mentalities of the United States Government’’ are sub- stituted for ‘‘other Federal departments and agencies’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘all phases of’’, ‘‘(including the development, testing, and demonstra- tion of new facilities, equipment, techniques, and methods)’’, ‘‘In carrying out the provisions of this sec- tion’’, ‘‘or data as he deems’’, ‘‘public or private’’, and ‘‘contained . . . section 1701d–3 of title 12 or . . . other provision of’’ are omitted as surplus. In subsection (b)(1), before clause (A), the words ‘‘public and private’’, ‘‘assist in establishing or car- rying on comprehensive research in the problems of transportation in urban areas. Such grants shall be used to’’, and ‘‘and qualified’’ are omitted as surplus. In clause (A), the words ‘‘or both’’ are omitted as surplus. In subsection (b)(3), the word ‘‘appropriate’’ is added for clarity. In subsection (c)(1), the words ‘‘and agencies thereof’’ are omitted as surplus. In subsection (c)(3), before clause (A), the words ‘‘pub- lic or private training’’ and ‘‘the sum of’’ are omitted as surplus. In clause (B), the words ‘‘in connection with the fellowship’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT The date of enactment of the Federal Public Trans- portation Act of 2015, referred to in subsec. (h)(3), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015. AMENDMENTS 2021—Subsec. (b)(4). Pub. L. 117–58, § 30007(c), added par. (4). Subsecs. (f), (g). Pub. L. 117–58, § 30007(a)(1), added sub- sec. (f) and struck out subsec. (g) relating to annual re- ports on research. Subsec. (g)(1). Pub. L. 117–58, § 30007(a)(2), substituted ‘‘, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share.’’ for period at end. Page 308 TITLE 49—TRANSPORTATION § 5312 Subsec. (h)(2)(A). Pub. L. 117–58, § 30007(a)(3)(A)(i), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘The Sec- retary shall competitively select at least one facility to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles.’’ Subsec. (h)(2)(B). Pub. L. 117–58, § 30007(a)(3)(A)(ii), added subpar. (B) and struck out former subpar. (B), which related to operation and maintenance of facili- ties to conduct testing, evaluation, and analysis of low or no emission vehicle components. Subsec. (h)(2)(H), (I). Pub. L. 117–58, § 30007(a)(3)(A)(iii), added subpars. (H) and (I). Subsec. (h)(3). Pub. L. 117–58, § 30007(a)(3)(B), inserted ‘‘, as applicable’’ before period at end. 2015—Pub. L. 114–94, § 3008(a)(1), substituted ‘‘Public transportation innovation’’ for ‘‘Research, develop- ment, demonstration, and deployment projects’’ in sec- tion catchline. Subsecs. (a), (b). Pub. L. 114–94, § 3008(a)(2), (3), added subsec. (a) and redesignated former subsec. (a) as (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (c)(1). Pub. L. 114–94, § 3008(b)(1), substituted ‘‘subsection (b)(2)’’ for ‘‘subsection (a)(2)’’. Subsec. (d). Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(1). Pub. L. 114–94, § 3008(b)(2)(A), sub- stituted ‘‘subsection (b)(2)’’ for ‘‘subsection (a)(2)’’. Subsec. (d)(2)(A). Pub. L. 114–94, § 3008(b)(2)(B), sub- stituted ‘‘subsection (c)’’ for ‘‘subsection (b)’’. Subsec. (e). Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(2). Pub. L. 114–94, § 3008(b)(3), substituted ‘‘subsection (b)(2)’’ for ‘‘subsection (a)(2)’’ in subpars. (A) and (B). Subsec. (e)(3). Pub. L. 114–94, § 3008(a)(4)(A)(i), inserted ‘‘demonstration, deployment, or evaluation’’ before ‘‘project that’’ in introductory provisions. Subsec. (e)(3)(C). Pub. L. 114–94, § 3008(a)(4)(A)(ii)–(iv), added subpar. (C). Subsec. (e)(5), (6). Pub. L. 114–94, § 3008(a)(4)(B), added pars. (5) and (6) and struck out former par. (5), which related to low or no emission vehicle deployment. Subsec. (f). Pub. L. 114–94, § 3008(a)(6)(A), redesignated subsec. (f) relating to annual report on research as (g). Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (e) re- lating to annual report on research as (f). Former sub- sec. (f) redesignated (g). Subsec. (g). Pub. L. 114–94, § 3008(a)(6)(A), redesignated subsec. (f) relating to annual report on research as (g), inserted heading and introductory provisions, and struck out former heading and introductory provisions. Prior to amendment, text read as follows: ‘‘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 Ap- propriations 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 re- port that includes—’’. Pub. L. 114–94, § 3008(a)(2), redesignated subsec. (f) re- lating to government share of costs as (g). Subsec. (g)(1). Pub. L. 114–94, § 3008(a)(6)(B), struck out ‘‘and’’ at end. Subsec. (g)(2). Pub. L. 114–94, § 3008(b)(4), which di- rected substitution of ‘‘subsection (e)(4)’’ for ‘‘sub- section (d)(4)’’ in subsec. (f)(2), was executed to par. (2) of subsec. (g) relating to annual report on research, to reflect the probable intent of Congress. Pub. L. 114–94, § 3008(a)(6)(C), substituted a period for ‘‘; and’’. Subsec. (g)(3). Pub. L. 114–94, § 3008(a)(6)(D), struck out par. (3) which read as follows: ‘‘a proposal for allo- cations of amounts for assistance under this section for the subsequent fiscal year.’’ Subsec. (h). Pub. L. 114–94, § 3008(a)(5), added subsec. (h). Subsec. (i). Pub. L. 114–94, § 3008(a)(7), added subsec. (i). 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to research, develop- ment, demonstration, and deployment projects and consisted of subsecs. (a) to (c). 2008—Subsec. (c). Pub. L. 110–244 substituted ‘‘Public Transportation’’ for ‘‘Mass Transportation’’ in heading. 2005—Pub. L. 109–59, § 3014(e)(1), substituted ‘‘deploy- ment’’ for ‘‘training’’ in section catchline. Subsec. (a). Pub. L. 109–59, § 3014(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary of Transportation (or the Secretary of Housing and Urban Development when required by section 5334(i) of this title) may un- dertake, or make grants or contracts (including agree- ments with departments, agencies, and instrumental- ities of the United States Government) for, research, development, and demonstration projects related to urban mass transportation that the Secretary decides will help reduce urban transportation needs, improve mass transportation service, or help mass transpor- tation service meet the total urban transportation needs at a minimum cost. The Secretary may request and receive appropriate information from any source. This subsection does not limit the authority of the Sec- retary under another law.’’ Subsec. (b). Pub. L. 109–59, § 3014(b), redesignated sub- sec. (d) as (b) and struck out former subsec. (b) which related to grants to nonprofit institutions of higher learning for research, investigations, and training. Subsec. (c). Pub. L. 109–59, § 3014(b), redesignated sub- sec. (e) as (c) and struck out former subsec. (c) which related to grants to States, local governmental au- thorities, and operators of mass transportation systems for training fellowships and grants to State and local governmental authorities for projects that would use innovative techniques and methods in managing and providing mass transportation. Subsec. (c)(2). Pub. L. 109–59, § 3014(c), substituted ‘‘public or private’’ for ‘‘public and private’’. Subsec. (c)(3). Pub. L. 109–59, § 3014(d), struck out ‘‘shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and’’ after ‘‘Such revenues’’. Subsec. (d). Pub. L. 109–59, § 3014(b), redesignated sub- sec. (d) as (b). Subsec. (d)(1)(A), (2). Pub. L. 109–59, § 3002(b)(4), sub- stituted ‘‘public transportation’’ for ‘‘mass transpor- tation’’ wherever appearing. Subsec. (e). Pub. L. 109–59, § 3014(b), redesignated sub- sec. (e) as (c). Subsec. (e)(1). Pub. L. 109–59, § 3002(b)(4), substituted ‘‘public transportation’’ for ‘‘mass transportation’’ wherever appearing. 1998—Subsecs. (d), (e). Pub. L. 105–178 added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT 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. 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 Title 23, Highways. LOW OR NO EMISSION VEHICLE COMPONENT ASSESSMENT Pub. L. 117–58, div. C, § 30007(b), Nov. 15, 2021, 135 Stat. 902, provided that: ‘‘(1) IN GENERAL.—Institutions of higher education se- lected to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emission vehicle components pursuant to section 5312(h) of title Page 309 TITLE 49—TRANSPORTATION § 5314 49, United States Code, shall not carry out testing for a new bus model under section 5318 of that title. ‘‘(2) USE OF FUNDS.—Funds made available to institu- tions of higher education described in paragraph (1) for testing under section 5318 of title 49, United States Code, may be used for eligible activities under section 5312(h) of that title.’’ [§ 5313. Repealed. Pub. L. 114–94, div. A, title III, § 3030(b), Dec. 4, 2015, 129 Stat. 1496] Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, § 3029(b)(4), (5), June 9, 1998, 112 Stat. 372; Pub. L. 109–59, title III, §§ 3002(b)(4), 3015(a), (b)(1), Aug. 10, 2005, 119 Stat. 1545, 1597; Pub. L. 112–141, div. B, § 20030(b), July 6, 2012, 126 Stat. 730, re- lated to transit cooperative research program. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 5314. Technical assistance and workforce devel- opment (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 (includ- ing agreements with departments, agencies, and instrumentalities of the Government) to carry out activities that the Secretary de- termines will assist recipients of assistance under this chapter to— (i) more effectively and efficiently pro- vide 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 in- clude— (i) technical assistance; and (ii) the development of voluntary and consensus-based standards and best prac- tices by the public transportation indus- try, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, pro- curement, security, asset management to maintain a state of good repair, oper- ations, 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 or- ganizations that have the appropriate dem- onstrated capacity to provide public-transpor- tation-related technical assistance under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist providers of public trans- portation to— (A) comply with the Americans with Dis- abilities Act of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act; (B) comply with human services transpor- tation coordination requirements and to en- hance 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 elder- ly individuals; (D) increase transit ridership in coordina- tion with metropolitan planning organiza- tions and other entities through develop- ment around public transportation stations through technical assistance and the devel- opment of tools, guidance, and analysis re- lated to market-based development around transit stations; (E) address transportation equity with re- gard to the effect that transportation plan- ning, 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 de- ployment 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 transpor- tation. (3) ANNUAL REPORT ON TECHNICAL ASSIST- ANCE.—Not later than the first Monday in Feb- ruary of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appro- priations of the Senate and the Committee on Transportation and Infrastructure, the Com- mittee 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 re- ceived assistance under this subsection dur- ing the preceding fiscal year; (B) an evaluation of the activities carried out by each organization that received as- sistance 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 sub-