49 U.S.C. § 5318 — Bus testing facility

Page 313 TITLE 49—TRANSPORTATION § 5318 management, insurance, and risk management’’ before semicolon at end. Subsec. (a)(15), (16). Pub. L. 105–178, § 3017(a)(2)(E)–(G), as amended by Pub. L. 105–206 added pars. (15) and (16). 1996—Subsec. (d). Pub. L. 104–287 substituted ‘‘sec- tions 5307 and 5309’’ for ‘‘sections 5304 and 5306’’. 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. EFFECTIVE DATE OF 1998 AMENDMENT Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title. PUBLIC-PRIVATE PARTNERSHIP PROCEDURES AND APPROACHES Pub. L. 112–141, div. B, § 20013(b), July 6, 2012, 126 Stat. 692, provided that: ‘‘(1) IDENTIFY IMPEDIMENTS.—The Secretary shall— ‘‘(A) except as provided in paragraph (6), identify any provisions of chapter 53 of title 49, United States Code, and any regulations or practices thereunder, that impede greater use of public-private partner- ships and private investment in public transportation capital projects; and ‘‘(B) develop and implement on a project basis pro- cedures and approaches that— ‘‘(i) address such impediments in a manner simi- lar to the Special Experimental Project Number 15 of the Federal Highway Administration (commonly referred to as ‘SEP-15’); and ‘‘(ii) protect the public interest and any public in- vestment in public transportation capital projects that involve public-private partnerships or private investment in public transportation capital projects. ‘‘(2) TRANSPARENCY.—The Secretary shall develop guidance to promote greater transparency and public access to public-private partnership agreements involv- ing recipients of Federal assistance under chapter 53 of title 49, United States Code, including— ‘‘(A) any conflict of interest involving any party in- volved in the public-private partnership; ‘‘(B) tax and financing aspects related to a public- private partnership agreement; ‘‘(C) changes in the workforce and wages, benefits, or rules as a result of a public-private partnership; ‘‘(D) estimates of the revenue or savings the public- private partnership will produce for the private enti- ty and public entity; ‘‘(E) any impacts on other developments and trans- portation modes as a result of non-compete clauses contained in public-private partnership agreements; and ‘‘(F) any other issues the Secretary believes will in- crease transparency of public-private partnership agreements and protect the public interest. ‘‘(3) ASSESSMENT.—In developing and implementing the guidance under paragraph (2), the Secretary shall encourage project sponsors to conduct assessments to determine whether use of a public-private partnership represents a better public and financial benefit than a similar transaction using public funding or public project delivery. ‘‘(4) REPORT.—Not later than 4 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary shall submit to Congress a re- port on the status of the procedures, approaches, and guidance developed and implemented under paragraphs (1) and (2). ‘‘(5) RULEMAKING.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue rules to carry out the procedures and approaches devel- oped under paragraph (1). ‘‘(6) RULE OF CONSTRUCTION.—Nothing in this sub- section may be construed to allow the Secretary to waive any requirement under— ‘‘(A) section 5333 of title 49, United States Code; ‘‘(B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or ‘‘(C) any other provision of Federal law.’’ [§§ 5316, 5317. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622] Section 5316, added Pub. L. 109–59, title III, § 3018(a), Aug. 10, 2005, 119 Stat. 1601, related to job access and re- verse commute formula grants. A prior section 5316, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 814; Pub. L. 104–59, title III, § 338(c)(5), Nov. 28, 1995, 109 Stat. 605, related to university re- search institutes, prior to repeal by Pub. L. 105–178, title V, § 5110(c), June 9, 1998, 112 Stat. 444. Section 5317, added Pub. L. 109–59, title III, § 3019(a), Aug. 10, 2005, 119 Stat. 1605, related to the New Freedom grant program to assist individuals with disabilities with public transportation. A prior section 5317, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 815; Pub. L. 104–287, § 5(14), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, § 3029(b)(7), June 9, 1998, 112 Stat. 372, related to transportation centers, prior to repeal by Pub. L. 105–178, title V, § 5110(c), June 9, 1998, 112 Stat. 444. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 5318. Bus testing facility (a) FACILITY.—The Secretary shall maintain one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural in- tegrity, fuel economy, emissions, and noise. (b) OPERATION AND MAINTENANCE.—The Sec- retary shall enter into a contract or cooperative agreement with, or make a grant to, a qualified person or organization to operate and maintain the facility. The contract, cooperative agree- ment, or grant may provide for the testing of rail cars and other public transportation vehi- cles at the facility. (c) FEES.—The person operating and maintain- ing the facility shall establish and collect fees for the testing of vehicles at the facility. The Secretary must approve the fees. (d) AVAILABILITY OF AMOUNTS TO PAY FOR TESTING.—The Secretary shall enter into a con- Page 314 TITLE 49—TRANSPORTATION § 5318 1 So in original. Probably should be ‘‘subparagraph’’. tract or cooperative agreement with, or make a grant to, the operator of the facility under which the Secretary shall pay 80 percent of the cost of testing a vehicle at the facility from amounts available to carry out this section. The entity having the vehicle tested shall pay 20 per- cent of the cost. (e) ACQUIRING NEW BUS MODELS.— (1) IN GENERAL.—Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if— (A) a bus of that model has been tested at a facility authorized under subsection (a); and (B) the bus tested under subparagraph (A) met— (i) performance standards for maintain- ability, reliability, performance (including braking performance), structural integ- rity, fuel economy, emissions, and noise, as established by the Secretary by rule; and (ii) the minimum safety performance standards established by the Secretary pursuant to section 5329(b). (2) BUS TEST ‘‘PASS/FAIL’’ STANDARD.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule under subparagraph (B)(i). The final rule issued under paragraph 1 (B)(i) shall include a bus model scoring system that results in a weighted, aggregate score that uses the test- ing categories under subsection (a) and con- siders the relative importance of each such testing category. The final rule issued under subparagraph (B)(i) shall establish a ‘‘pass/ fail’’ standard that uses the aggregate score described in the preceding sentence. Amounts appropriated or otherwise made available under this chapter may be obligated or ex- pended to acquire a new bus model only if the new bus model has received a passing aggre- gate test score. The Secretary shall work with the bus testing facility, bus manufacturers, and transit agencies to develop the bus model scoring system under this paragraph. A pass- ing aggregate test score under the rule issued under subparagraph (B)(i) indicates only that amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model and shall not be in- terpreted as a warranty or guarantee that the new bus model will meet a purchaser’s specific requirements. (f) CAPITAL EQUIPMENT.—A facility operated and maintained under this section may use funds made available under this section for the acquisition of equipment and capital projects re- lated to testing new bus models. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 817; Pub. L. 103–429, § 6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–178, title III, §§ 3018, 3029(b)(8), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§ 3002(b)(4), 3020, Aug. 10, 2005, 119 Stat. 1545, 1608; Pub. L. 112–141, div. B, § 20014, July 6, 2012, 126 Stat. 694; Pub. L. 117–58, div. C, § 30008, Nov. 15, 2021, 135 Stat. 903.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 5318(a) ........ 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100–17, § 317(b)(1), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, § 6021(b), 105 Stat. 2184. 5318(b) ........ 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100–17, § 317(b)(2), 101 Stat. 233. 5318(c) ........ 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100–17, § 317(b)(3), 101 Stat. 233. 5318(d) ........ 49 App.:1602(m) (2d–last sen- tences). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 3(m) (2d–last sentences); added Dec. 18, 1991, Pub. L. 102–240, § 3009, 105 Stat. 2093. 5318(e) ........ 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100–17, § 317(b)(5), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, § 6021(c), 105 Stat. 2184. 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100–17, 101 Stat. 132, § 317(b)(6); added Dec. 18, 1991, Pub. L. 102–240, § 6021(d), 105 Stat. 2184. In subsection (c), the words ‘‘Under the contract en- tered into under paragraph (2)’’ are omitted as surplus. In subsection (d), the words ‘‘to the operator of the facility’’ are omitted as surplus. In subsection (e), the text of section 317(b)(5) of the Surface Transportation and Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 132) is omitted as obsolete. The words ‘‘operating and maintaining the fa- cility’’ are substituted for ‘‘described in paragraph (3)’’ for clarity. PUB. L. 103–429 This amends 49:5318(e) to correct an erroneous cross- reference. Editorial Notes REFERENCES IN TEXT The date of enactment of the Federal Public Trans- portation Act of 2012, referred to in subsec. (e)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways. AMENDMENTS 2021—Subsec. (f). Pub. L. 117–58 added subsec. (f). 2012—Pub. L. 112–141 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: ‘‘Amounts appropriated or made available under this chapter may be obligated or expended to ac- quire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a).’’ 2005—Subsec. (a). Pub. L. 109–59, § 3020(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), struc- tural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facil- ity built with assistance of the United States Govern- ment to train rail personnel.’’ Subsec. (b). Pub. L. 109–59, § 3002(b)(4), substituted ‘‘public transportation’’ for ‘‘mass transportation’’. Subsec. (d). Pub. L. 109–59, § 3020(b), substituted ‘‘to carry out this section’’ for ‘‘under section 5309(m)(1)(C) of this title’’. Subsec. (e). Pub. L. 109–59, § 3020(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: ‘‘The Secretary has a bus testing revolving loan fund consisting of amounts authorized for the fund under section 317(b)(5) of the Surface Page 315 TITLE 49—TRANSPORTATION [§ 5322 Transportation and Uniform Relocation Assistance Act of 1987. The Secretary shall make available as repay- able advances from the fund to the person operating and maintaining the facility amounts to operate and maintain the facility.’’ 1998—Subsec. (b). Pub. L. 105–178, § 3018(a), substituted ‘‘enter into a contract or cooperative agreement with, or make a grant to,’’ for ‘‘make a contract with’’ and inserted ‘‘or organization’’ after ‘‘qualified person’’, ‘‘, cooperative agreement, or grant’’ after ‘‘The con- tract’’, and ‘‘mass transportation’’ after ‘‘and other’’. Subsec. (d). Pub. L. 105–178, §§ 3018(b), 3029(b)(8), sub- stituted ‘‘enter into a contract or cooperative agree- ment with, or make a grant to,’’ for ‘‘make a contract with’’ and ‘‘5309(m)(1)(C) of this title’’ for ‘‘5338(j)(5) of this title’’. 1994—Subsec. (e). Pub. L. 103–429 inserted ‘‘Uniform’’ before ‘‘Relocation’’. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. [§ 5319. Repealed. Pub. L. 114–94, div. A, title III, § 3030(c), Dec. 4, 2015, 129 Stat. 1497] Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105–178, title III, § 3019, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, § 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, § 201(h), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, § 20030(c), July 6, 2012, 126 Stat. 730, made certain bicycle facili- ties eligible for assistance under sections 5307, 5309, and 5311 of this title. 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. [§ 5320. Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622] Section, added Pub. L. 109–59, title III, § 3021(a), Aug. 10, 2005, 119 Stat. 1608; amended Pub. L. 110–244, title II, § 201(i), June 6, 2008, 122 Stat. 1610, related to alter- native transportation in parks and public lands. A prior section 5320, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103–429, § 6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, § 3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, § 9009(h)(1), July 22, 1998, 112 Stat. 856, related to construction of a suspended light rail system technology pilot project, prior to repeal by Pub. L. 109–59, title III, § 3021(a), Aug. 10, 2005, 119 Stat. 1608. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 5321. Crime prevention and security The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local govern- mental authority other than the grant applicant has law enforcement responsibilities. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, § 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5321 ............ 49 App.:1620. July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 24; added Apr. 2, 1987, Pub. L. 100–17, § 325, 101 Stat. 237. Editorial Notes AMENDMENTS 2005—Pub. L. 109–59 substituted ‘‘public transpor- tation’’ for ‘‘mass transportation’’. Statutory Notes and Related Subsidiaries REGULATIONS Pub. L. 109–59, title III, § 3028(c), Aug. 10, 2005, 119 Stat. 1624, required the Secretaries of Transportation and Homeland Security to issue jointly final regula- tions to establish the characteristics of and require- ments for public transportation security grants not later than 180 days after Aug. 10, 2005. PUBLIC TRANSPORTATION SECURITY Pub. L. 109–59, title III, § 3028(b), Aug. 10, 2005, 119 Stat. 1624, provided that: ‘‘(1) IN GENERAL.—Not later than 45 days after the date of enactment of this Act [Aug. 10, 2005], the Sec- retary [of Transportation] shall execute an annex to the memorandum of understanding between the Sec- retary and the Secretary of Homeland Security, dated September 28, 2004, to define and clarify the respective roles and responsibilities of the Department of Trans- portation and the Department of Homeland Security relating to public transportation security. ‘‘(2) CONTENTS.—The annex to be executed under para- graph (1) shall— ‘‘(A) establish a process to develop security stand- ards for public transportation agencies; ‘‘(B) create a method of direct coordination with public transportation agencies on security matters; ‘‘(C) address any other issues determined to be ap- propriate by the Secretary and the Secretary of Homeland Security; and ‘‘(D) include a formal and permanent mechanism to ensure coordination and involvement by the Depart- ment of Transportation, as appropriate, in public transportation security.’’ [§ 5322. Repealed. Pub. L. 114–94, div. A, title III, § 3030(d), Dec. 4, 2015, 129 Stat. 1497] Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §§ 3002(b)(4), 3022, Aug. 10, 2005, 119 Stat. 1545, 1614; Pub. L. 112–141, div. B, § 20015, July 6, 2012, 126 Stat. 695, provided for programs that address human resource needs in public transportation activities. 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.