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---
type: "LegalText"
title: "49 U.S.C. § 5304"
description: "Statewide and nonmetropolitan transportation planning"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
chapter_number: "53"
chapter_name: "PUBLIC TRANSPORTATION"
section: "5304"
citation: "49 U.S.C. § 5304"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip"
source_identifier: "/us/usc/t49/s5304"
source_file: "data/legal/raw/us/code/title-49/usc49.xml"
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text_hash: "9bf9a127762b6105ce32a02f6648292400d0dc08398ff10b366d1e73473f5e1e"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 49 U.S.C. § 5304 - Statewide and nonmetropolitan transportation planning
## Text
(a) General Requirements.— (1) Development of plans and programs.— Subject to section 5303, to accomplish the objectives stated in section 5303(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State.
(2) Contents.— The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States.
(3) Process of development.— The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5303(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.
(b) Coordination With Metropolitan Planning; State Implementation Plan.— A State shall—
(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and
(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).
(c) Interstate Agreements.— (1) In general.— Two or more States may enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective.
(2) Reservation of rights.— The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.
(d) Scope of Planning Process.— (1) In general.— Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will—
(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;
(G) promote efficient system management and operation;
(H) emphasize the preservation of the existing transportation system; and
(I) improve the resiliency and reliability of the transportation system.
(2) Performance-based approach.— (A) In general.— The statewide transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of title 23 and the general purposes described in section 5301.
(B) Performance targets.— (i) Surface transportation performance targets.— (I) In general.— Each State shall establish performance targets that address the performance measures described in section 150(c) of title 23, where applicable, to use in tracking progress towards attainment of critical outcomes for the State.
(II) Coordination.— Selection of performance targets by a State shall be coordinated with the relevant metropolitan planning organizations to ensure consistency, to the maximum extent practicable.
(ii) Public transportation performance targets.— In areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d).
(C) Integration of other performance-based plans.— A State shall integrate into the statewide transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to title 23 by providers of public transportation in areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and not represented by a metropolitan planning organization, required as part of a performance-based program.
(D) Use of performance measures and targets.— The performance measures and targets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program.
(3) Failure to consider factors.— The failure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide transportation improvement program, a project or strategy, or the certification of a planning process.
(e) Additional Requirements.— In carrying out planning under this section, each State shall, at a minimum—
(1) with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l);
(2) consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and
(3) consider coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.
(f) Long-Range Statewide Transportation Plan.— (1) Development.— Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State.
(2) Consultation with governments.— (A) Metropolitan areas.— The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303.
(B) Nonmetropolitan areas.— (i) In general.— With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l).
(ii) Role of secretary.— The Secretary shall not review or approve the consultation process in each State.
(C) Indian tribal areas.— With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior.
(D) Consultation, comparison, and consideration.— (i) In general.— The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation.
(ii) Comparison and consideration.— Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available.
(3) Participation by interested parties.— (A) In general.— In developing the statewide transportation plan, the State shall provide to—
(i) nonmetropolitan local elected officials, or, if applicable, through regional transportation planning organizations described in subsection (l), an opportunity to participate in accordance with subparagraph (B)(i); and
(ii) citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties a reasonable opportunity to comment on the proposed plan.
(B) Methods.— In carrying out subparagraph (A), the State shall, to the maximum extent practicable—
(i) develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii);
(ii) hold any public meetings at convenient and accessible locations and times;
(iii) employ visualization techniques to describe plans; and
(iv) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(C) Use of technology.— A State may use social media and other web-based tools—
(i) to further encourage public participation; and
(ii) to solicit public feedback during the transportation planning process.
(4) Mitigation activities.— (A) In general.— A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.
(B) Consultation.— The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.
(5) Financial plan.— The statewide transportation plan may include—
(A) a financial plan that—
(i) demonstrates how the adopted statewide transportation plan can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and
(iii) recommends any additional financing strategies for needed projects and programs; and
(B) for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
(6) Selection of projects from illustrative list.— A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5).
(7) Performance-based approach.— The statewide transportation plan should include—
(A) a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and
(B) a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports;
(8) Existing system.— The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system.
(9) Publication of long-range transportation plans.— Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web.
(g) Statewide Transportation Improvement Program.— (1) Development.— (A) In general.— Each State shall develop a statewide transportation improvement program for all areas of the State.
(B) Duration and updating of program.— Each program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State elects to update more frequently.
(2) Consultation with governments.— (A) Metropolitan areas.— With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303.
(B) Nonmetropolitan areas.— (i) In general.— With respect to each nonmetropolitan area in the State, the program shall be developed in cooperation with affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l).
(ii) Role of secretary.— The Secretary shall not review or approve the specific consultation process in the State.
(C) Indian tribal areas.— With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior.
(3) Participation by interested parties.— In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program.
(4) Performance target achievement.— A statewide transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect of the statewide transportation improvement program toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those performance targets.
(5) Included projects.— (A) In general.— A transportation improvement program developed under this subsection for a State shall include Federally supported surface transportation expenditures within the boundaries of the State.
(B) Listing of projects.— (i) In general.— An annual listing of projects for which funds have been obligated for the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review.
(ii) Funding categories.— The listing described in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation improvement program.
(C) Projects under chapter 2.— (i) Regionally significant projects.— Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program.
(ii) Other projects.— Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.
(D) Consistency with statewide transportation plan.— Each project shall be—
(i) consistent with the statewide transportation plan developed under this section for the State;
(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and
(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as a nonattainment area for ozone, particulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.).
(E) Requirement of anticipated full funding.— The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.
(F) Financial plan.— (i) In general.— The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs.
(ii) Additional projects.— The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
(G) Selection of projects from illustrative list.— (i) No required selection.— Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F).
(ii) Required action by the secretary.— Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program.
(H) Priorities.— The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this chapter and title 23.
(6) Project selection for areas of less than 50,000 population.— (A) In general.— Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under title 23 or under sections 5310 and 5311 of this chapter), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l).
(B) Other projects.— Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under title 23 or under sections 5310 and 5311 of this chapter shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation.
(7) Transportation improvement program approval.— Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding.
(8) Planning finding.— A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 5303.
(9) Modifications to project priority.— Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program.
(h) Performance-based Planning Processes Evaluation.— (1) In general.— The Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following:
(A) The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.
(B) The extent to which the State has made transportation investments that are efficient and cost-effective.
(C) The extent to which the State—
(i) has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and
(ii) provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State.
(2) Report.— (A) In general.— Not later than 5 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to Congress a report evaluating—
(i) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and
(ii) the effectiveness of the performance-based planning process of each State.
(B) Publication.— The report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.
(i) Treatment of Certain State Laws as Congestion Management Processes.— For purposes of this section and section 5303, and sections 134 and 135 of title 23, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 5303, and sections 134 and 135 of title 23, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 5303, and sections 134 and 135 of title 23, as appropriate.
(j) Continuation of Current Review Practice.— Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(k) Schedule for Implementation.— The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its established planning update cycle to implement changes made by this section. States shall reflect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this subsection.
(l) Designation of Regional Transportation Planning Organizations.— (1) In general.— To carry out the transportation planning process required by this section, a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State.
(2) Structure.— A regional transportation planning organization shall be established as a multijurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization.
(3) Requirements.— A regional transportation planning organization shall establish, at a minimum—
(A) a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and
(B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support.
(4) Duties.— The duties of a regional transportation planning organization shall include—
(A) developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans;
(B) developing a regional transportation improvement program for consideration by the State;
(C) fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs;
(D) providing technical assistance to local officials;
(E) participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas;
(F) providing a forum for public participation in the statewide and regional transportation planning processes;
(G) considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d).
(5) States without regional transportation planning organizations.— If a State chooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 793; Pub. L. 105178, title III, § 3005, June 9, 1998, 112 Stat. 345; Pub. L. 105206, title IX, § 9009(c)(2), July 22, 1998, 112 Stat. 854; Pub. L. 10959, title III, § 3006(a), Aug. 10, 2005, 119 Stat. 1559; Pub. L. 112141, div. B, § 20006, July 6, 2012, 126 Stat. 643; Pub. L. 11494, div. A, title III, § 3003(b), Dec. 4, 2015, 129 Stat. 1449; Pub. L. 11758, div. C, § 30003, Nov. 15, 2021, 135 Stat. 893.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5304(a)49 App.:1607(h)(1).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 8(h); added Nov. 6, 1978, Pub. L. 95599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 10017, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102240, § 3012, 105 Stat. 2102; Oct. 6, 1992, Pub. L. 102388, §§ 501, 502(e), 106 Stat. 1566. 5304(b)49 App.:1607(h)(2). 5304(c)49 App.:1607(h)(3), (5). 5304(d)49 App.:1607(h)(6). 5304(e)49 App.:1607(h)(4). In subsection (b)(1), the word “initial” is omitted as surplus. In subsection (b)(2)(C), the words “and programs” are omitted as surplus. In subsection (c)(1), the word “otherwise” is omitted as surplus.
Editorial Notes
References in TextThe Clean Air Act, referred to in subsecs. (b)(2) and (g)(5)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. Part D of title I of the Act is classified generally to part D (§ 7501 et seq.) of subchapter I of chapter 85 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (h)(2)(A), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways. The National Environmental Policy Act of 1969, referred to in subsec. (j), is Pub. L. 91190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments2021—Subsec. (e). Pub. L. 11758, § 30003(a)(1), struck out quotation marks before “In” in introductory provisions. Subsec. (f)(3)(C). Pub. L. 11758, § 30003(b), added subpar. (C). Subsec. (i). Pub. L. 11758, § 30003(a)(2), substituted “this” for “this this”. 2015—Subsec. (a)(2). Pub. L. 11494, § 3003(b)(1), substituted “, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers” for “and bicycle transportation facilities”. Subsec. (d)(1)(I). Pub. L. 11494, § 3003(b)(2)(A), added subpar. (I). Subsec. (d)(2)(B)(ii). Pub. L. 11494, § 3003(b)(2)(B)(i), struck out “urbanized” after “In”. Subsec. (d)(2)(C). Pub. L. 11494, § 3003(b)(2)(B)(ii), struck out “urbanized” after “public transportation in”. Subsec. (f)(3)(A)(ii). Pub. L. 11494, § 3003(b)(3), inserted “public ports,” before “freight shippers,” and “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “private providers of transportation”. 2012—Pub. L. 112141 amended section generally. Prior to amendment, section related to statewide transportation planning and consisted of subsecs. (a) to (j). 2005—Pub. L. 10959 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development and updating of a transportation improvement program, contents of program, selection of projects, notice and an opportunity to comment on proposed programs, and conformance of review requirements under the National Environmental Policy Act of 1969. 1998—Subsec. (a). Pub. L. 105178, § 3005(d)(1), as added by Pub. L. 105206, § 9009(c)(2), designated existing provisions as par. (1), inserted heading, and added par. (2). Pub. L. 105178, § 3005(a), in second sentence, substituted “the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator,” for “the organization” and inserted “other affected employee representatives, freight shippers, providers of freight transportation services,” after “transportation authority employees,” and “representatives of users of public transit,” after “private providers of transportation,”. Subsec. (b)(2)(B). Pub. L. 105178, § 3005(d)(2)(A), as added by Pub. L. 105206, § 9009(c)(2), struck out “and” at end. Subsec. (b)(2)(C). Pub. L. 105178, § 3005(d)(2)(B), as added by Pub. L. 105206, § 9009(c)(2), which directed amendment of subpar. (C) by substituting “strategies; and” for “strategies which may include”, was executed by making the substitution for “strategies, which may include” to reflect the probable intent of Congress. Remaining provisions of subpar. (C) redesignated (D). Pub. L. 105178, § 3005(b), added subpar. (C) and struck out former subpar. (C) which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects.” Subsec. (b)(2)(D). Pub. L. 105178, § 3005(d)(2)(B), as added by Pub. L. 105206, § 9009(c)(2), which directed amendment of subpar. (C) by substituting “strategies; and” followed by “(D) may include” for “strategies which may include”, was executed by making the substitutions for “strategies, which may include” to reflect the probable intent of Congress. Subsec. (c)(1). Pub. L. 105178, § 3005(c)(1), added par. (1) and struck out former par. (1) which read as follows: “Except as provided in section 5305(d)(1) of this title, the State, in cooperation with the metropolitan planning organization, shall select projects in a metropolitan area that involve United States Government participation. Selection shall comply with the transportation improvement program for the area.” Subsec. (c)(3). Pub. L. 105178, § 3005(c)(2), added par. (3). Subsec. (c)(4). Pub. L. 105178, § 3005(d)(3), as added by Pub. L. 105206, § 9009(c)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “Notwithstanding subsection (b)(2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subsection (b)(2)(C).” Pub. L. 105178, § 3005(c)(2), added par. (4). Subsec. (c)(5), (6). Pub. L. 105178, § 3005(c)(2), added pars. (5) and (6).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, and provisions of Pub. L. 105178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105206 to be treated as not enacted, see section 9016 of Pub. L. 105206, set out as a note under section 101 of Title 23, Highways.
Schedule for ImplementationPub. L. 10959, title III, § 3006(b), Aug. 10, 2005, 119 Stat. 1565, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3006(a) of Pub. L. 10959 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007.
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type: "LegalText"
title: "49 U.S.C. § 5305"
description: "Planning programs"
jurisdiction: "us"
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kind: "code_section"
title_number: 49
title_name: "TRANSPORTATION"
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# 49 U.S.C. § 5305 - Planning programs
## Text
(a) State Defined.— In this section, the term “State” means a State of the United States, the District of Columbia, and Puerto Rico.
(b) General Authority.— (1) Grants and agreements.— Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to—
(A) develop transportation plans and programs;
(B) plan, engineer, design, and evaluate a public transportation project; and
(C) conduct technical studies relating to public transportation.
(2) Eligible activities.— Activities eligible under paragraph (1) include the following:
(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.
(B) Evaluating previously financed projects.
(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.
(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.
(c) Purpose.— To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts.
(d) Metropolitan Planning Program.— (1) Apportionment to states.— (A) In general.— The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) among the States to carry out sections 5303 and 5306 in the ratio that—
(i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to
(ii) the total population of urbanized areas in all States, as shown by that census.
(B) Minimum apportionment.— Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.
(2) Allocation to mpos.— Amounts apportioned to a State under paragraph (1) shall be made available, not later than 30 days after the date of apportionment, to metropolitan planning organizations in the State designated under this section under a formula that—
(A) considers population of urbanized areas;
(B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section;
(C) the State develops in cooperation with the metropolitan planning organizations; and
(D) the Secretary approves.
(3) Supplemental amounts.— (A) In general.— The Secretary shall apportion 20 percent of the amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan planning organizations.
(B) Formula.— The Secretary shall apportion amounts referred to in subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities under sections 5303 and 5306 in certain urbanized areas.
(e) State Planning and Research Program.— (1) Apportionment to states.— (A) In general.— The Secretary shall apportion the amounts made available under subsection (g)(2) among the States for grants and contracts to carry out this section and sections 5304 and 5306 in the ratio that—
(i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to
(ii) the population of urbanized areas in all States, as shown by that census.
(B) Minimum apportionment.— Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.
(2) Supplemental amounts.— A State, as the State considers appropriate, may authorize part of the amount made available under this subsection to be used to supplement amounts made available under subsection (d).
(f) Government Share of Costs.— (1) In general.— Except as provided in paragraph (2), the Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government—
(A) not to require a State or local match; or
(B) to allow a Government share greater than 80 percent.
(2) Certain activities.— (A) In general.— The Government share of the cost of an activity funded using amounts made available under this section shall be not less than 90 percent for an activity that assists parts of an urbanized area or rural area with lower population density or lower average income levels compared to—
(i) the applicable urbanized area;
(ii) the applicable rural area;
(iii) an adjoining urbanized area; or
(iv) an adjoining rural area.
(B) Report.— A State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels.
(g) Allocation of Funds.— Of the funds made available by or appropriated to carry out this section under section 5338(a)(2)(A) for a fiscal year—
(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and
(2) 17.28 percent shall be available to carry out subsection (e).
(h) Availability of Funds.— Funds apportioned under this section to a State that have not been obligated in the 3-year period beginning after the last day of the fiscal year for which the funds are authorized shall be reapportioned among the States.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 794; Pub. L. 105178, title III, § 3006, June 9, 1998, 112 Stat. 346; Pub. L. 105206, title IX, § 9009(d), July 22, 1998, 112 Stat. 854; Pub. L. 10959, title III, § 3007(a), Aug. 10, 2005, 119 Stat. 1566; Pub. L. 111147, title IV, § 431, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111322, title II, § 2301, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 1125, title III, § 301, Mar. 4, 2011, 125 Stat. 18; Pub. L. 11230, title I, § 131, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112102, title III, § 301, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112140, title III, § 301, June 29, 2012, 126 Stat. 396; Pub. L. 112141, div. B, § 20030(a), div. G, title III, § 113001, July 6, 2012, 126 Stat. 730, 983; Pub. L. 11758, div. C, § 30004, Nov. 15, 2021, 135 Stat. 893.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5305(a)(e)49 App.:1607(i).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 8(i); added Nov. 6, 1978, Pub. L. 95599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 10017, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102240, § 3012, 105 Stat. 2103; Oct. 6, 1992, Pub. L. 102388, § 502(f), 106 Stat. 1566. 5305(f)49 App.:1607(l).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 8(j), (l); added Nov. 6, 1978, Pub. L. 95599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 10017, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102240, § 3012, 105 Stat. 2104. 5305(g)49 App.:1607(j). In subsection (c), the words “title 23” are substituted for “this title” for consistency in this chapter and to reflect the apparent intent of Congress. The word “appropriate” is omitted as surplus. In subsection (e)(2), the words “under the formula program” are omitted as surplus. In subsections (f) and (g), the word “area” is added for clarity and consistency with 42:7501(2). In subsection (f), the words “Notwithstanding any other provisions of this chapter or title 23, United States Code” are omitted as surplus.
Editorial Notes
Amendments2021—Subsec. (e)(1)(A). Pub. L. 11758, § 30004(1), substituted “this section and sections” for “this section and section”. Subsec. (f). Pub. L. 11758, § 30004(2), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “The Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government not to require a State or local match.” 2012—Subsec. (e)(1)(A). Pub. L. 112141, § 20030(a)(1), substituted “section 5304 and 5306” for “sections 5304, 5306, 5315, and 5322” in introductory provisions. Subsec. (f). Pub. L. 112141, § 20030(a)(2), substituted “Government” for “Governments” in heading and “Government” for “Governments” in text. Subsec. (g). Pub. L. 112141, § 113001, substituted “2012” for “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” in introductory provisions. Pub. L. 112141, § 20030(a)(3), substituted “section 5338(a)(2)(A) for a fiscal year” for “section 5338(c) for fiscal years 2005 through 2012” in introductory provisions. Pub. L. 112140, §§ 1(c), 301, temporarily substituted “ending on July 6, 2012” for “ending on June 30, 2012” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below. Pub. L. 112102 substituted “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” for “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” in introductory provisions. 2011—Subsec. (g). Pub. L. 11230 substituted “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” for “2011”. Pub. L. 1125 substituted “2011” for “2010, and for the period beginning October 1, 2010, and ending March 4, 2011,”. 2010—Subsec. (g). Pub. L. 111322 substituted “March 4, 2011” for “December 31, 2010”. Pub. L. 111147 substituted “2010, and for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009” in introductory provisions. 2005—Pub. L. 10959 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of areas as transportation management areas and plans and programs in an area. 1998—Subsec. (a)(2). Pub. L. 105178, § 3006(a), added par. (2) and struck out former par. (2) which read as follows: “any other area, including the Lake Tahoe Basin as defined in the Act of December 19, 1980 (Public Law 96551, 94 Stat. 3233), when requested by the chief executive officer and the metropolitan organization designated for the area or the affected local officials.” Subsec. (b). Pub. L. 105178, § 3006(b), inserted “affected” before “mass transportation operators”. Subsec. (c). Pub. L. 105178, § 3006(c), struck out at end “The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306.” Subsec. (d)(1). Pub. L. 105178, § 3006(d), as amended by Pub. L. 105206, § 9009(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “(1)(A) In consultation with the State, the metropolitan planning organization designated for a transportation management area shall select the projects to be carried out in the area with United States Government participation under this chapter or title 23, except projects of the National Highway System or under the Bridge and Interstate Maintenance programs. “(B) In cooperation with the metropolitan planning organization designated for a transportation management area, the State shall select the projects to be carried out in the area of the National Highway System or under the Bridge and Interstate Maintenance programs.” Subsec. (e)(2). Pub. L. 105178, § 3006(e)(1), added par. (2) and struck out former par. (2) which read as follows: “If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is carrying out its responsibilities, the Secretary may withhold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropolitan area under section 133(d)(3) of title 23 and capital amounts apportioned under section 5336 of this title. If an organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of that apportionment and capital amounts shall be withheld. The withheld apportionments shall be restored when the Secretary certifies the organization.” Subsec. (e)(4). Pub. L. 105178, § 3006(e)(2), added par. (4). Subsec. (h). Pub. L. 105178, § 3006(f), added subsec. (h).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2012 AmendmentAmendment by section 20030(a) of Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as a note under section 101 of Title 23, Highways. Pub. L. 112141, div. G, title IV, § 114001, July 6, 2012, 126 Stat. 988, provided that: “This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012.” Amendment by Pub. L. 112140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112141 to be executed as if Pub. L. 112140 had not been enacted, see section 1(c) of Pub. L. 112140, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, and provisions of Pub. L. 105178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105206 to be treated as not enacted, see section 9016 of Pub. L. 105206, set out as a note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 5306 - Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations
## Text
(a) Private Enterprise Participation.— A plan or program required by section 5303, 5304, or 5305 of this title shall encourage to the maximum extent feasible, as determined by local policies, criteria, and decisionmaking, the participation of private enterprise. If equipment or a facility already being used in an urban area is to be acquired under this chapter, the program shall provide that it be improved so that it will better serve the transportation needs of the area.
(b) Relationship to Other Limitations.— Sections 53035305 of this title do not authorize—
(1) a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and
(2) intervention in the management of a transportation authority.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 795; Pub. L. 10959, title III, § 3008, Aug. 10, 2005, 119 Stat. 1568.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5306(a)49 App.:1607(o).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 8(o); added Nov. 6, 1978, Pub. L. 95599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 10017, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102240, § 3012, 105 Stat. 2105. 5306(b)49 App.:1607(m).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 8(m); added Nov. 6, 1978, Pub. L. 95599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 10017, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102240, § 3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102388, § 502(g), 106 Stat. 1566. In subsection (a), the words “(through modernization, extension, addition, or otherwise)” are omitted as surplus.
Editorial Notes
Amendments2005—Subsec. (a). Pub. L. 10959 inserted “, as determined by local policies, criteria, and decisionmaking,” after “feasible”.
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# 49 U.S.C. § 5308 - Repealed. Pub. L. 112141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]
## Notes
Section, Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 800; Pub. L. 105178, title III, § 3008(a), (c), June 9, 1998, 112 Stat. 348; Pub. L. 105206, title IX, § 9009(f), July 22, 1998, 112 Stat. 855; Pub. L. 10959, title III, § 3010(a), Aug. 10, 2005, 119 Stat. 1572, related to a grant program for clean fuel buses.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
National Fuel Cell Bus Technology Development ProgramPub. L. 10959, title III, § 3045, Aug. 10, 2005, 119 Stat. 1705, which provided for the establishment of a national fuel cell bus technology development program, was repealed by Pub. L. 112141, div. B, § 20002(c)(4), July 6, 2012, 126 Stat. 622.
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# 49 U.S.C. § 5310 - Formula grants for the enhanced mobility of seniors and individuals with disabilities
## Text
(a) Definitions.— In this section, the following definitions shall apply:
(1) Recipient.— The term “recipient” means—
(A) a designated recipient or a State that receives a grant under this section directly; or
(B) a State or local governmental entity that operates a public transportation service.
(2) Subrecipient.— The term “subrecipient” means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a grant under this section indirectly through a recipient.
(b) General Authority.— (1) Grants.— The Secretary may make grants under this section to recipients for—
(A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable;
(B) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(C) public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and
(D) alternatives to public transportation that assist seniors and individuals with disabilities with transportation.
(2) Limitations for capital projects.— (A) Amount available.— The amount available for capital projects under paragraph (1)(A) shall be not less than 55 percent of the funds apportioned to the recipient under this section.
(B) Allocation to subrecipients.— A recipient of a grant under paragraph (1)(A) may allocate the amounts provided under the grant to—
(i) a private nonprofit organization; or
(ii) a State or local governmental authority that—
(I) is approved by a State to coordinate services for seniors and individuals with disabilities; or
(II) certifies that there are no private nonprofit organizations readily available in the area to provide the services described in paragraph (1)(A).
(3) Administrative expenses.— A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section.
(4) Eligible capital expenses.— The acquisition of public transportation services is an eligible capital expense under this section.
(5) Coordination.— (A) Department of transportation.— To the maximum extent feasible, the Secretary shall coordinate activities under this section with related activities under other Federal departments and agencies.
(B) Other federal agencies and nonprofit organizations.— A State or local governmental authority or nonprofit organization that receives assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall—
(i) participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and
(ii) participate in the planning for the transportation services described in clause (i).
(6) Program of projects.— (A) In general.— Amounts made available to carry out this section may be used for transportation projects to assist in providing transportation services for seniors and individuals with disabilities, if such transportation projects are included in a program of projects.
(B) Submission.— A recipient shall annually submit a program of projects to the Secretary.
(C) Assurance.— The program of projects submitted under subparagraph (B) shall contain an assurance that the program provides for the maximum feasible coordination of transportation services assisted under this section with transportation services assisted by other Government sources.
(7) Meal delivery for homebound individuals.— A public transportation service provider that receives assistance under this section or section 5311(c) may coordinate and assist in regularly providing meal delivery service for homebound individuals, if the delivery service does not conflict with providing public transportation service or reduce service to public transportation passengers.
(c) Apportionment and Transfers.— (1) Formula.— The Secretary shall apportion amounts made available to carry out this section as follows:
(A) Large urbanized areas.— Sixty percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census, in the ratio that—
(i) the number of seniors and individuals with disabilities in each such urbanized area; bears to
(ii) the number of seniors and individuals with disabilities in all such urbanized areas.
(B) Small urbanized areas.— Twenty percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in each State; bears to
(ii) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in all States.
(C) Rural areas.— Twenty percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of seniors and individuals with disabilities in rural areas in each State; bears to
(ii) the number of seniors and individuals with disabilities in rural areas in all States.
(2) Areas served by projects.— (A) In general.— Except as provided in subparagraph (B)—
(i) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census;
(ii) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census; and
(iii) funds apportioned under paragraph (1)(C) shall be used for projects serving rural areas.
(B) Exceptions.— A State may use funds apportioned to the State under subparagraph (B) or (C) of paragraph (1)—
(i) for a project serving an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or
(ii) for a project anywhere in the State, if the State has established a statewide program for meeting the objectives of this section.
(C) Limited to eligible projects.— Any funds transferred pursuant to subparagraph (B) shall be made available only for eligible projects selected under this section.
(D) Consultation.— A recipient may transfer an amount under subparagraph (B) only after consulting with responsible local officials, publicly owned operators of public transportation, and nonprofit providers in the area for which the amount was originally apportioned.
(d) Government Share of Costs.— (1) Capital projects.— A grant for a capital project under this section shall be in an amount equal to 80 percent of the net capital costs of the project, as determined by the Secretary.
(2) Operating assistance.— A grant made under this section for operating assistance may not exceed an amount equal to 50 percent of the net operating costs of the project, as determined by the Secretary.
(3) Remainder of net costs.— The remainder of the net costs of a project carried out under this section—
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
(B) may be derived from amounts appropriated or otherwise made available—
(i) to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; or
(ii) to carry out the Federal lands highways program under section 204 11 See References in Text note below. of title 23.
(4) Use of certain funds.— For purposes of paragraph (3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use of grant funds for matching requirements shall not apply to Federal or State funds to be used for transportation purposes.
(e) Grant Requirements.— (1) In general.— A grant under this section shall be subject to the same requirements as a grant under section 5307, to the extent the Secretary determines appropriate.
(2) Certification requirements.— (A) Project selection and plan development.— Before receiving a grant under this section, each recipient shall certify that—
(i) the projects selected by the recipient are included in a locally developed, coordinated public transit-human services transportation plan;
(ii) the plan described in clause (i) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; and
(iii) to the maximum extent feasible, the services funded under this section will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services.
(B) Allocations to subrecipients.— If a recipient allocates funds received under this section to subrecipients, the recipient shall certify that the funds are allocated on a fair and equitable basis.
(f) Competitive Process for Grants to Subrecipients.— (1) Areawide solicitations.— A recipient of funds apportioned under subsection (c)(1)(A) may conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants under this section.
(2) Statewide solicitations.— A recipient of funds apportioned under subparagraph (B) or (C) of subsection (c)(1) may conduct a statewide solicitation for applications for grants under this section.
(3) Application.— If the recipient elects to engage in a competitive process, a recipient or subrecipient seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient making the election an application in such form and in accordance with such requirements as the recipient making the election shall establish.
(g) Transfers of Facilities and Equipment.— A recipient may transfer a facility or equipment acquired using a grant under this section to any other recipient eligible to receive assistance under this chapter, if—
(1) the recipient in possession of the facility or equipment consents to the transfer; and
(2) the facility or equipment will continue to be used as required under this section.
(h) Performance Measures.— (1) In general.— Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives making recommendations on the establishment of performance measures for grants under this section. Such report shall be developed in consultation with national nonprofit organizations that provide technical assistance and advocacy on issues related to transportation services for seniors and individuals with disabilities.
(2) Measures.— The performance measures to be considered in the report under paragraph (1) shall require the collection of quantitative and qualitative information, as available, concerning—
(A) modifications to the geographic coverage of transportation service, the quality of transportation service, or service times that increase the availability of transportation services for seniors and individuals with disabilities;
(B) ridership;
(C) accessibility improvements; and
(D) other measures, as the Secretary determines is appropriate.
(i) Best Practices.— The Secretary shall collect from, review, and disseminate to public transportation agencies—
(1) innovative practices;
(2) program models;
(3) new service delivery options;
(4) findings from activities under subsection (h); and
(5) transit cooperative research program reports.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 807; Pub. L. 105178, title III, § 3013(a), June 9, 1998, 112 Stat. 359; Pub. L. 10959, title III, §§ 3002(b)(2), 3012(a), Aug. 10, 2005, 119 Stat. 1544, 1589; Pub. L. 112141, div. B, § 20009, July 6, 2012, 126 Stat. 675; Pub. L. 11494, div. A, title III, § 3006(a), Dec. 4, 2015, 129 Stat. 1462.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5310(a)49 App.:1612(b) (1st sentence words before cl. (1)), cls. (1) (words before 3d comma), (2) (words before “with such grants”).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 16(b) (1st sentence); added Oct. 15, 1970, Pub. L. 91453, § 8, 84 Stat. 967; restated Aug. 13, 1973, Pub. L. 9387, § 301(g), 87 Stat. 295; Dec. 18, 1991, Pub. L. 102240, § 3021(1) (4), 105 Stat. 2110. 5310(b)49 App.:1612(c)(2), (3).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 16(c); added Dec. 18, 1991, Pub. L. 102240, § 3021(6), 105 Stat. 2110; Oct. 6, 1992, Pub. L. 102388, § 502(k), 106 Stat. 1567. 5310(c)49 App.:1612(c)(1). 5310(d)49 App.:1612(b) (1st sentence cl. (3)). 5310(e)49 App.:1612(b) (1st sentence cls. (1) (words after 3d comma), (2) (words after “service under this subsection”)). 5310(f)49 App.:1612(e).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 16(e); added Jan. 6, 1983, Pub. L. 97424, § 317(c), 96 Stat. 2153; Apr. 2, 1987, Pub. L. 10017, § 327(a)(4), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102240, § 3021(1), (5), 105 Stat. 2110. 5310(g)49 App.:1612(c)(4). 5310(h)49 App.:1612(f).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 16(f); added Apr. 2, 1987, Pub. L. 10017, § 321, 101 Stat. 235; restated Dec. 18, 1991, Pub. L. 102240, § 3021(5), (7), 105 Stat. 2110, 2111. 5310(i)49 App.:1614(g) (related to 1612(b)).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 18(g) (related to § 16(b)); added Nov. 6, 1978, Pub. L. 95599, § 313, 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102240, § 3022, 105 Stat. 2111. 5310(j)49 App.:1604b.Nov. 26, 1974, Pub. L. 93503, § 108, 88 Stat. 1572. In this section, the words “governmental authorities” are substituted for “public bodies” because of section 5302(a) of the revised title. In subsection (a), before clause (1), the words “In addition to the grants and loans otherwise provided for under this chapter” are omitted as surplus. In clauses (1) and (2), the words “the specific purpose of” are omitted as surplus. In clause (1), the words “or agencies thereof” are omitted as surplus. In subsection (b), the words “for expenditure”, “to the States”, and “amounts of a” are omitted as surplus. In subsection (d), the words “A recipient of amounts under this section” are added for clarity to correct an error in the source provisions. The words “under a contract, lease, or other arrangement” are omitted as surplus. In subsection (e), the words “terms, conditions . . . and provisions” are omitted as surplus. In subsection (e)(1), the words “and is deemed” are substituted for “and being considered for the purposes of all other laws” for consistency in the revised title and with other titles of the United States Code. In subsection (e)(2), the words “insofar as may be appropriate” and “necessary or . . . for purposes of this paragraph” are omitted as surplus. In subsection (f), the words “any applicable” are omitted as surplus. The words “prescribe regulations establishing” are substituted for “not later than ninety days after January 6, 1983, publish in the Federal Register for public comment, proposed regulations and, not later than one hundred and eighty days after January 6, 1983, promulgate final regulations, establishing” to eliminate unnecessary and executed words. Section 3021(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102240, 105 Stat. 2110) is applied to 49 App.:1612(e) to carry out the apparent intent of Congress. In subsection (g), the words “not later than 60 days following December 18, 1991” are omitted as obsolete. The words “and agencies” are omitted as surplus. In subsection (j), the words “elderly individuals and individuals with disabilities” are substituted for “elderly and handicapped persons” for consistency.
Editorial Notes
References in TextThe Americans with Disabilities Act of 1990, referred to in subsec. (b)(1)(B), is Pub. L. 101336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. Section 204 of title 23, referred to in subsec. (d)(3)(B)(ii), was repealed and a new section 204 was enacted by Pub. L. 112141, div. A, title I, § 1119(a), July 6, 2012, 126 Stat. 473, 489. As enacted by Pub. L. 112141, section 204 relates to the Federal lands access program. The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (h)(1), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Amendments2015—Subsec. (a)(1). Pub. L. 11494, § 3006(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “The term recipient means a designated recipient or a State that receives a grant under this section directly.” Subsec. (i). Pub. L. 11494, § 3006(a)(2), added subsec. (i). 2012—Pub. L. 112141 amended section generally. Prior to amendment, section related to formula grants for special needs of elderly individuals and individuals with disabilities. 2005—Pub. L. 10959, § 3012(a), amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (j) relating to formula grants and loans for special needs of elderly individuals and individuals with disabilities. Subsec. (h). Pub. L. 10959, § 3002(b)(2), substituted “Public” for “Mass”. 1998—Pub. L. 105178 substituted “Formula grants” for “Grants” in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Pilot Program for Innovative Coordinated Access and MobilityPub. L. 11494, div. A, title III, § 3006(b), Dec. 4, 2015, 129 Stat. 1462, provided that: “(1) Definitions.—In this subsection—“(A) the term eligible project has the meaning given the term capital project in section 5302 of title 49, United States Code; and “(B) the term eligible recipient means a recipient or subrecipient, as those terms are defined in section 5310 of title 49, United States Code. “(2) General authority.—The Secretary [of Transportation] may make grants under this subsection to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that improve the coordination of transportation services and nonemergency medical transportation services, including—“(A) the deployment of coordination technology; “(B) projects that create or increase access to community One-Call/One-Click Centers; and “(C) such other projects as determined appropriate by the Secretary. “(3) Application.—An eligible recipient shall submit to the Secretary an application that, at a minimum, contains—“(A) a detailed description of the eligible project; “(B) an identification of all eligible project partners and their specific role in the eligible project, including—“(i) private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; or “(ii) nonprofit entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; “(C) a description of how the eligible project would—“(i) improve local coordination or access to coordinated transportation services; “(ii) reduce duplication of service, if applicable; and “(iii) provide innovative solutions in the State or community; and “(D) specific performance measures the eligible project will use to quantify actual outcomes against expected outcomes. “(4) Report.—The Secretary shall make publicly available an annual report on the pilot program carried out under this subsection for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of the activities carried out under the pilot program, and an evaluation of the program, including an evaluation of the performance measures described in paragraph (3)(D). “(5) Government share of costs.—“(A) In general.—The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent. “(B) Non-government share.—The non-Government share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions. “(6) Rule of construction.—For purposes of this subsection, nonemergency medical transportation services shall be limited to services eligible under Federal programs other than programs authorized under chapter 53 of title 49, United States Code.”
Elderly Individuals and Individuals With Disabilities Pilot ProgramPub. L. 10959, title III, § 3012(b), Aug. 10, 2005, 119 Stat. 1591, as amended by Pub. L. 111147, title IV, § 437(c), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111322, title II, § 2307(c), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 1125, title III, § 307(c), Mar. 4, 2011, 125 Stat. 21; Pub. L. 11230, title I, § 137(c), Sept. 16, 2011, 125 Stat. 354; Pub. L. 112102, title III, § 307(c), Mar. 30, 2012, 126 Stat. 280; Pub. L. 112140, title III, § 307(c), June 29, 2012, 126 Stat. 401; Pub. L. 112141, div. G, title III, § 113007(c), July 6, 2012, 126 Stat. 987, which established a pilot program for certain States to carry out projects for public transportation of elderly individuals and individuals with disabilities, was repealed by Pub. L. 112141, div. B, § 20002(c)(3), July 6, 2012, 126 Stat. 622.
Over-the-Road Bus Accessibility ProgramPub. L. 105178, title III, § 3038, June 9, 1998, 112 Stat. 392, as amended by Pub. L. 105206, title IX, § 9009(x), July 22, 1998, 112 Stat. 862; Pub. L. 106346, § 101(a) [title III, § 336], Oct. 23, 2000, 114 Stat. 1356, 1356A31; Pub. L. 10888, § 8(m), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108202, § 9(m), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108224, § 7(m), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108263, § 7(m), June 30, 2004, 118 Stat. 707; Pub. L. 108280, § 7(m), July 30, 2004, 118 Stat. 885; Pub. L. 108310, § 8(m), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 10914, § 7(l), May 31, 2005, 119 Stat. 333; Pub. L. 10920, § 7(l), July 1, 2005, 119 Stat. 355; Pub. L. 10935, § 7(l), July 20, 2005, 119 Stat. 388; Pub. L. 10937, § 7(l), July 22, 2005, 119 Stat. 403; Pub. L. 10940, § 7(l), July 28, 2005, 119 Stat. 420; Pub. L. 10959, title III, § 3039(a), Aug. 10, 2005, 119 Stat. 1638, which provided for grants to over-the-road bus operators to finance costs associated with bus accessibility for persons with disabilities, was repealed by Pub. L. 112141, div. B, § 20002(b), July 6, 2012, 126 Stat. 622.
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# 49 U.S.C. § 5313 - Repealed. Pub. L. 11494, div. A, title III, § 3030(b), Dec. 4, 2015, 129 Stat. 1496]
## Notes
Section, Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105178, title III, § 3029(b)(4), (5), June 9, 1998, 112 Stat. 372; Pub. L. 10959, title III, §§ 3002(b)(4), 3015(a), (b)(1), Aug. 10, 2005, 119 Stat. 1545, 1597; Pub. L. 112141, div. B, § 20030(b), July 6, 2012, 126 Stat. 730, related to transit cooperative research program.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 5314 - Technical assistance and workforce development
## Text
(a) Technical Assistance and Standards.— (1) Technical assistance and standards development.— (A) In general.— The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) to carry out activities that the Secretary determines will assist recipients of assistance under this chapter to—
(i) more effectively and efficiently provide public transportation service;
(ii) administer funds received under this chapter in compliance with Federal law; and
(iii) improve public transportation.
(B) Eligible activities.— The activities carried out under subparagraph (A) may include—
(i) technical assistance; and
(ii) the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics.
(2) Technical assistance.— The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations that have the appropriate demonstrated capacity to provide public-transportation-related technical assistance under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist providers of public transportation to—
(A) comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act;
(B) comply with human services transportation coordination requirements and to enhance the coordination of Federal resources for human services transportation with those of the Department of Transportation through technical assistance, training, and support services related to complying with such requirements;
(C) meet the transportation needs of elderly individuals;
(D) increase transit ridership in coordination with metropolitan planning organizations and other entities through development around public transportation stations through technical assistance and the development of tools, guidance, and analysis related to market-based development around transit stations;
(E) address transportation equity with regard to the effect that transportation planning, investment, and operations have for low-income and minority individuals;
(F) facilitate best practices to promote bus driver safety;
(G) meet the requirements of sections 5323(j) and 5323(m);
(H) assist with the development and deployment of low or no emission vehicles (as defined in section 5339(c)(1)) or low or no emission vehicle components (as defined in section 5312(h)(1)); and
(I) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation.
(3) Annual report on technical assistance.— Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report that includes—
(A) a description of each project that received assistance under this subsection during the preceding fiscal year;
(B) an evaluation of the activities carried out by each organization that received assistance under this subsection during the preceding fiscal year;
(C) a proposal for allocations of amounts for assistance under this subsection for the subsequent fiscal year; and
(D) measurable outcomes and impacts of the programs funded under subsections (b) and (c).
(4) Government share of costs.— (A) In general.— The Government share of the cost of an activity carried out using a grant under this subsection may not exceed 80 percent.
(B) Non-government share.— The non-Government share of the cost of an activity carried out using a grant under this subsection may be derived from in-kind contributions.
(b) Human Resources and Training.— (1) In general.— The Secretary may undertake, or make grants and contracts for, programs that address human resource needs as they apply to public transportation activities. A program may include—
(A) an employment training program;
(B) an outreach program to increase employment for veterans, females, individuals with a disability, minorities (including American Indians or Alaska Natives, Asian, Black or African Americans, native Hawaiians or other Pacific Islanders, and Hispanics) in public transportation activities;
(C) research on public transportation personnel and training needs;
(D) training and assistance for veteran and minority business opportunities; and
(E) consensus-based national training standards and certifications in partnership with industry stakeholders.
(2) Innovative public transportation frontline workforce development program.— (A) In general.— The Secretary shall establish a competitive grant program to assist the development of innovative activities eligible for assistance under paragraph (1).
(B) Eligible programs.— A program eligible for assistance under paragraph (1) shall—
(i) develop apprenticeships, on-the-job training, and instructional training for public transportation maintenance and operations occupations;
(ii) build local, regional, and statewide public transportation training partnerships with local public transportation operators, labor union organizations, workforce development boards, and State workforce agencies to identify and address workforce skill gaps;
(iii) improve safety, security, and emergency preparedness in local public transportation systems through improved safety culture and workforce communication with first responders and the riding public; and
(iv) address current or projected workforce shortages by developing partnerships with high schools, community colleges, and other community organizations.
(C) Selection of recipients.— To the maximum extent feasible, the Secretary shall select recipients that—
(i) are geographically diverse;
(ii) address the workforce and human resources needs of large public transportation providers;
(iii) address the workforce and human resources needs of small public transportation providers;
(iv) address the workforce and human resources needs of urban public transportation providers;
(v) address the workforce and human resources needs of rural public transportation providers;
(vi) advance training related to maintenance of low or no emission vehicles and facilities used in public transportation;
(vii) target areas with high rates of unemployment;
(viii) advance opportunities for minorities, women, veterans, individuals with disabilities, low-income populations, and other underserved populations; and
(ix) address in-demand industry sector or occupation, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(D) Program outcomes.— A recipient of assistance under this subsection shall demonstrate outcomes for any program that includes skills training, on-the-job training, and work-based learning, including—
(i) the impact on reducing public transportation workforce shortages in the area served;
(ii) the diversity of training participants;
(iii) the number of participants obtaining certifications or credentials required for specific types of employment;
(iv) employment outcomes, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary and the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and
(v) to the extent practical, evidence that the program did not preclude workers who are participating in skills training, on-the-job training, and work-based learning from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in the program.
(E) Report to congress.— The Secretary shall make publicly available a report on the Frontline Workforce Development Program for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of activities carried out under this paragraph, an evaluation of the program, and policy recommendations to improve program effectiveness.
(3) Governments share of costs.— The Government share of the cost of a project carried out using a grant under paragraph (1) or (2) shall be 50 percent.
(4) Availability of amounts.— Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection.
(c) National Transit Institute.— (1) Establishment.— The Secretary shall establish a national transit institute and award grants to a public 4-year degree-granting institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), in order to carry out the duties of the institute.
(2) Duties.— (A) In general.— In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and international entities, the institute established under paragraph (1) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work.
(B) Training and educational programs.— The training and educational programs developed under subparagraph (A) may include courses in recent developments, techniques, and procedures related to—
(i) intermodal and public transportation planning;
(ii) management;
(iii) environmental factors;
(iv) acquisition and joint use rights-of-way;
(v) engineering and architectural design;
(vi) procurement strategies for public transportation systems;
(vii) turnkey approaches to delivering public transportation systems;
(viii) new technologies;
(ix) emission reduction technologies;
(x) ways to make public transportation accessible to individuals with disabilities;
(xi) construction, construction management, insurance, and risk management;
(xii) maintenance;
(xiii) contract administration;
(xiv) inspection;
(xv) innovative finance;
(xvi) workplace safety; and
(xvii) public transportation security.
(3) Provision for education and training.— Education and training of Government, State, and local transportation employees under this subsection shall be provided—
(A) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or
(B) when the education and training are paid under paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute.
(4) Availability of amounts.— (A) In general.— Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection.
(B) Existing programs.— A recipient may use amounts made available under subparagraph (A) to carry out existing local education and training programs for public transportation employees supported by the Secretary, the Department of Labor, or the Department of Education.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105178, title III, §§ 3016, 3029(b)(6), June 9, 1998, 112 Stat. 361, 372; Pub. L. 10959, title III, §§ 3002(b)(4), 3016(a), (b), Aug. 10, 2005, 119 Stat. 1545, 1598, 1599; Pub. L. 110244, title II, § 201(g), June 6, 2008, 122 Stat. 1610; Pub. L. 112141, div. B, § 20012, July 6, 2012, 126 Stat. 690; Pub. L. 11494, div. A, title III, § 3009(a), Dec. 4, 2015, 129 Stat. 1469.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5314(a)49 App.:1622(b) (1)(7).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 26(b)(1)(8) (related to this subsection); added Dec. 18, 1991, Pub. L. 102240, § 3030, 105 Stat. 2118. 5314(b)49 App.:1622(b)(8) (related to this subsection). In subsection (a)(2), the word “subsection” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress. In subsection (a)(3), the words “conditions, requirements, and provisions” are omitted as being included in “terms”. In subsection (a)(4)(C), the word “section” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress.
Editorial Notes
References in TextThe Americans with Disabilities Act of 1990, referred to in subsec. (a)(2)(A), is Pub. L. 101336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables. The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(2)(D)(iv), is Pub. L. 113128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
Amendments2015—Pub. L. 11494 amended section generally, substituting provisions relating to technical assistance and workforce development for provisions relating to technical assistance and standards development. 2012—Pub. L. 112141 amended section generally. Prior to amendment, section related to national research programs. 2008—Subsec. (a)(3). Pub. L. 110244, which directed substitution of “section 5333(b)” for “section 5323(a)(1)(D)” in subsec. (a)(3) of section 5314, without specifying the Code title to be amended, was executed by making the substitution in subsec. (a)(3) of this section, to reflect the probable intent of Congress. 2005—Pub. L. 10959, § 3016(a)(1), struck out “planning and” before “research” in section catchline. Subsec. (a)(1). Pub. L. 10959, § 3016(a)(2), substituted “section 5338(d)” for “subsections (d) and (h)(7) of section 5338 of this title” and “, contracts, cooperative agreements, or other agreements” for “and contracts” and struck out “53035306,” before “5312,” and “5317,” before “and 5322”. Subsec. (a)(2). Pub. L. 10959, § 3016(a)(3), substituted “The Secretary shall” for “Of the amounts made available under paragraph (1) of this subsection, the Secretary shall make available at least $3,000,000 to”. Pub. L. 10959, § 3002(b)(4), substituted “public transportation-related” for “mass transportation-related” and “public transportation” for “mass transportation”. Subsec. (a)(4)(A). Pub. L. 10959, § 3002(b)(4), substituted “public transportation” for “mass transportation”. Subsec. (a)(4)(B), (C). Pub. L. 10959, § 3016(a)(4), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The Secretary shall establish an Industry Technical Panel composed of representatives of transportation suppliers and operators and others involved in technology development. A majority of the Panel members shall represent the supply industry. The Panel shall assist the Secretary in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution.” Subsec. (a)(6). Pub. L. 10959, § 3016(a)(6), added par. (6). Subsec. (b). Pub. L. 10959, § 3016(a)(7), substituted “, contract, cooperative agreement, or other agreement under subsection (a) or section 5312,” for “or contract financed under subsection (a) of this section,”. Subsec. (c). Pub. L. 10959, § 3016(b), added subsec. (c). 1998—Subsec. (a)(1). Pub. L. 105178, § 3029(b)(6), substituted “subsections (d) and (h)(7) of section 5338” for “section 5338(g)(4)”. Subsec. (a)(2). Pub. L. 105178, § 3016, substituted “$3,000,000” for “$2,000,000”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
@@ -0,0 +1,83 @@
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# 49 U.S.C. § 5315 - Private sector participation
## Text
(a) General Purposes.— In the interest of fulfilling the general purposes of this chapter under section 5301(b), the Secretary shall—
(1) better coordinate public and private sector-provided public transportation services;
(2) promote more effective utilization of private sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and
(3) promote transparency and public understanding of public-private partnerships affecting public transportation.
(b) Actions to Promote Better Coordination Between Public and Private Sector Providers of Public Transportation.— The Secretary shall—
(1) provide technical assistance to recipients of Federal transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public transportation; and
(2) educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation.
(c) Actions to Provide Technical Assistance for Alternative Project Delivery Methods.— Upon request by a sponsor of a new fixed guideway capital project, the Secretary shall—
(1) identify best practices for public-private partnerships models in the United States and in other countries;
(2) develop standard public-private partnership transaction model contracts; and
(3) perform financial assessments that include the calculation of public and private benefits of a proposed public-private partnership transaction.
(d) Rule of Construction.— Nothing in this section shall be construed to alter—
(1) the eligibilities, requirements, or priorities for assistance provided under this chapter; or
(2) the requirements of section 5306(a).
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 813; Pub. L. 104287, § 5(13), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105178, title III, § 3017(a), June 9, 1998, 112 Stat. 361; Pub. L. 105206, title IX, § 9009(l), July 22, 1998, 112 Stat. 857; Pub. L. 10959, title III, § 3017, Aug. 10, 2005, 119 Stat. 1600; Pub. L. 112141, div. B, § 20013(a), July 6, 2012, 126 Stat. 692; Pub. L. 11494, div. A, title III, § 3010(a), Dec. 4, 2015, 129 Stat. 1474.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5315(a)49 App.:1625(a) (1st3d sentences).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 29(a)(c); added Dec. 18, 1991, Pub. L. 102240, § 6022, 105 Stat. 2185. 5315(b)49 App.:1625(a) (last sentence). 5315(c)49 App.:1625(c). 5315(d)49 App.:1625(b). In subsection (a), before clause (1), the word “conduct” is substituted for “administer” for consistency in this section. In subsection (d), the word “department” is omitted for consistency in this section.
Pub. L. 104287This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.
Editorial Notes
Amendments2015—Subsec. (d). Pub. L. 11494 added subsec. (d). 2012—Pub. L. 112141 amended section generally. Prior to amendment, section related to national transit institute. 2005—Subsecs. (a), (b). Pub. L. 10959, § 3017(a), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to establishment and duties of a national transit institute in subsec. (a) and delegation to the institute of the authority of the Secretary to develop and conduct educational and training programs related to mass transportation in subsec. (b). Subsec. (d). Pub. L. 10959, § 3017(b), struck out “mass” after “public” in two places. 1998—Pub. L. 105178, § 3017(a)(1), as amended by Pub. L. 105206 substituted “transit” for “mass transportation” in section catchline. Subsec. (a). Pub. L. 105178, § 3017(a)(2)(A), as amended by Pub. L. 105206 substituted “national transit institute” for “national mass transportation institute” in introductory provisions. Subsec. (a)(5). Pub. L. 105178, § 3017(a)(2)(B), as amended by Pub. L. 105206 inserted “and architectural design” before semicolon at end. Subsec. (a)(7). Pub. L. 105178, § 3017(a)(2)(C), as amended by Pub. L. 105206 substituted “delivering” for “carrying out”. Subsec. (a)(11). Pub. L. 105178, § 3017(a)(2)(D), as amended by Pub. L. 105206 inserted “, construction management, insurance, and risk management” before semicolon at end. Subsec. (a)(15), (16). Pub. L. 105178, § 3017(a)(2)(E)(G), as amended by Pub. L. 105206 added pars. (15) and (16). 1996—Subsec. (d). Pub. L. 104287 substituted “sections 5307 and 5309” for “sections 5304 and 5306”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, and provisions of Pub. L. 105178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105206 to be treated as not enacted, see section 9016 of Pub. L. 105206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104287 effective July 5, 1994, see section 8(1) of Pub. L. 104287, set out as a note under section 5303 of this title.
Public-Private Partnership Procedures and ApproachesPub. L. 112141, 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 partnerships and private investment in public transportation capital projects; and “(B) develop and implement on a project basis procedures and approaches that—“(i) address such impediments in a manner similar 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 investment 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 involving recipients of Federal assistance under chapter 53 of title 49, United States Code, including—“(A) any conflict of interest involving any party involved 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 entity and public entity; “(E) any impacts on other developments and transportation modes as a result of non-compete clauses contained in public-private partnership agreements; and “(F) any other issues the Secretary believes will increase 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. 112141, 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 report 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 developed under paragraph (1). “(6) Rule of construction.—Nothing in this subsection 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.”
@@ -0,0 +1,73 @@
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# 49 U.S.C. § 5318 - Bus testing facility
## Text
(a) Facility.— The Secretary shall maintain one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise.
(b) Operation and Maintenance.— The Secretary 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 agreement, or grant may provide for the testing of rail cars and other public transportation vehicles at the facility.
(c) Fees.— The person operating and maintaining 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 contract 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 percent 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 maintainability, reliability, performance (including braking performance), structural integrity, 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 11 So in original. Probably should be “subparagraph”. (B)(i) shall include a bus model scoring system that results in a weighted, aggregate score that uses the testing categories under subsection (a) and considers 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 expended to acquire a new bus model only if the new bus model has received a passing aggregate 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 passing 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 interpreted as a warranty or guarantee that the new bus model will meet a purchasers 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 related to testing new bus models.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 817; Pub. L. 103429, § 6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105178, title III, §§ 3018, 3029(b)(8), June 9, 1998, 112 Stat. 361, 372; Pub. L. 10959, title III, §§ 3002(b)(4), 3020, Aug. 10, 2005, 119 Stat. 1545, 1608; Pub. L. 112141, div. B, § 20014, July 6, 2012, 126 Stat. 694; Pub. L. 11758, div. C, § 30008, Nov. 15, 2021, 135 Stat. 903.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5318(a)49 App.:1608 (note).Apr. 2, 1987, Pub. L. 10017, § 317(b)(1), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102240, § 6021(b), 105 Stat. 2184. 5318(b)49 App.:1608 (note).Apr. 2, 1987, Pub. L. 10017, § 317(b)(2), 101 Stat. 233. 5318(c)49 App.:1608 (note).Apr. 2, 1987, Pub. L. 10017, § 317(b)(3), 101 Stat. 233. 5318(d)49 App.:1602(m) (2dlast sentences).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 3(m) (2dlast sentences); added Dec. 18, 1991, Pub. L. 102240, § 3009, 105 Stat. 2093. 5318(e)49 App.:1608 (note).Apr. 2, 1987, Pub. L. 10017, § 317(b)(5), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102240, § 6021(c), 105 Stat. 2184. 49 App.:1608 (note).Apr. 2, 1987, Pub. L. 10017, 101 Stat. 132, § 317(b)(6); added Dec. 18, 1991, Pub. L. 102240, § 6021(d), 105 Stat. 2184. In subsection (c), the words “Under the contract entered 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 10017, 101 Stat. 132) is omitted as obsolete. The words “operating and maintaining the facility” are substituted for “described in paragraph (3)” for clarity.
Pub. L. 103429This amends 49:5318(e) to correct an erroneous cross-reference.
Editorial Notes
References in TextThe date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (e)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Amendments2021—Subsec. (f). Pub. L. 11758 added subsec. (f). 2012—Pub. L. 112141 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 acquire 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. 10959, § 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), structural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facility built with assistance of the United States Government to train rail personnel.” Subsec. (b). Pub. L. 10959, § 3002(b)(4), substituted “public transportation” for “mass transportation”. Subsec. (d). Pub. L. 10959, § 3020(b), substituted “to carry out this section” for “under section 5309(m)(1)(C) of this title”. Subsec. (e). Pub. L. 10959, § 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 Transportation and Uniform Relocation Assistance Act of 1987. The Secretary shall make available as repayable advances from the fund to the person operating and maintaining the facility amounts to operate and maintain the facility.” 1998—Subsec. (b). Pub. L. 105178, § 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 contract”, and “mass transportation” after “and other”. Subsec. (d). Pub. L. 105178, §§ 3018(b), 3029(b)(8), substituted “enter into a contract or cooperative agreement 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. 103429 inserted “Uniform” before “Relocation”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
@@ -0,0 +1,37 @@
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# 49 U.S.C. § 5319 - Repealed. Pub. L. 11494, div. A, title III, § 3030(c), Dec. 4, 2015, 129 Stat. 1497]
## Notes
Section, Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105178, title III, § 3019, June 9, 1998, 112 Stat. 362; Pub. L. 10959, title III, § 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110244, title II, § 201(h), June 6, 2008, 122 Stat. 1610; Pub. L. 112141, div. B, § 20030(c), July 6, 2012, 126 Stat. 730, made certain bicycle facilities eligible for assistance under sections 5307, 5309, and 5311 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 5320 - Repealed. Pub. L. 112141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]
## Notes
Section, added Pub. L. 10959, title III, § 3021(a), Aug. 10, 2005, 119 Stat. 1608; amended Pub. L. 110244, title II, § 201(i), June 6, 2008, 122 Stat. 1610, related to alternative transportation in parks and public lands.
A prior section 5320, Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103429, § 6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105178, title III, § 3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105206, 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. 10959, title III, § 3021(a), Aug. 10, 2005, 119 Stat. 1608.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
@@ -0,0 +1,49 @@
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# 49 U.S.C. § 5321 - Crime prevention and security
## Text
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 governmental authority other than the grant applicant has law enforcement responsibilities.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 10959, title III, § 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 532149 App.:1620.July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 24; added Apr. 2, 1987, Pub. L. 10017, § 325, 101 Stat. 237.
Editorial Notes
Amendments2005—Pub. L. 10959 substituted “public transportation” for “mass transportation”.
Statutory Notes and Related Subsidiaries
RegulationsPub. L. 10959, title III, § 3028(c), Aug. 10, 2005, 119 Stat. 1624, required the Secretaries of Transportation and Homeland Security to issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants not later than 180 days after Aug. 10, 2005.
Public Transportation SecurityPub. L. 10959, 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 Secretary [of Transportation] shall execute an annex to the memorandum of understanding between the Secretary and the Secretary of Homeland Security, dated September 28, 2004, to define and clarify the respective roles and responsibilities of the Department of Transportation and the Department of Homeland Security relating to public transportation security. “(2) Contents.—The annex to be executed under paragraph (1) shall—“(A) establish a process to develop security standards 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 appropriate by the Secretary and the Secretary of Homeland Security; and “(D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security.”
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# 49 U.S.C. § 5322 - Repealed. Pub. L. 11494, div. A, title III, § 3030(d), Dec. 4, 2015, 129 Stat. 1497]
## Notes
Section, Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 10959, title III, §§ 3002(b)(4), 3022, Aug. 10, 2005, 119 Stat. 1545, 1614; Pub. L. 112141, 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 RepealRepeal effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 5326 - Transit asset management
## Text
(a) Definitions.— In this section the following definitions shall apply:
(1) Capital asset.— The term “capital asset” includes equipment, rolling stock, infrastructure, and facilities for use in public transportation and owned or leased by a recipient or subrecipient of Federal financial assistance under this chapter.
(2) Transit asset management plan.— The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that—
(A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and
(B) the recipient certifies complies with the rule issued under this section.
(3) Transit asset management system.— The term “transit asset management system” means a strategic and systematic process of operating, maintaining, and improving public transportation capital assets effectively throughout the life cycle of such assets.
(b) Transit Asset Management System.— The Secretary shall establish and implement a national transit asset management system, which shall include—
(1) a definition of the term “state of good repair” that includes objective standards for measuring the condition of capital assets of recipients, including equipment, rolling stock, infrastructure, and facilities;
(2) a requirement that recipients and subrecipients of Federal financial assistance under this chapter develop a transit asset management plan;
(3) a requirement that each designated recipient of Federal financial assistance under this chapter report on the condition of the system of the recipient and provide a description of any change in condition since the last report;
(4) an analytical process or decision support tool for use by public transportation systems that—
(A) allows for the estimation of capital investment needs of such systems over time; and
(B) assists with asset investment prioritization by such systems; and
(5) technical assistance to recipients of Federal financial assistance under this chapter.
(c) Performance Measures and Targets.— (1) In general.— Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to establish performance measures based on the state of good repair standards established under subsection (b)(1).
(2) Targets.— Not later than 3 months after the date on which the Secretary issues a final rule under paragraph (1), and each fiscal year thereafter, each recipient of Federal financial assistance under this chapter shall establish performance targets in relation to the performance measures established by the Secretary.
(3) Reports.— Each designated recipient of Federal financial assistance under this chapter shall submit to the Secretary an annual report that describes—
(A) the progress of the recipient during the fiscal year to which the report relates toward meeting the performance targets established under paragraph (2) for that fiscal year; and
(B) the performance targets established by the recipient for the subsequent fiscal year.
(d) Rulemaking.— Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to implement the transit asset management system described in subsection (b).
(Added Pub. L. 112141, div. B, § 20019, July 6, 2012, 126 Stat. 707.)
## Notes
Editorial Notes
References in TextThe date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (c)(1) and (d), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Codification Pub. L. 112141, div. B, § 20019, July 6, 2012, 126 Stat. 707, which directed that section 5326 of this title be amended generally, was executed by adding a new section 5326 to reflect the probable intent of Congress. A prior section 5326 was repealed by Pub. L. 10959, title III, § 3025(b), Aug. 10, 2005, 119 Stat. 1622.
Prior ProvisionsA prior section 5326, Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103429, § 6(11), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105178, title III, § 3023(a), (b), June 9, 1998, 112 Stat. 364, related to turnkey system projects, acquisition of rolling stock, and procurement of associated capital maintenance items, prior to repeal by Pub. L. 10959, title III, § 3025(b), Aug. 10, 2005, 119 Stat. 1622.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 5327 - Project management oversight
## Text
(a) Project Management Plan Requirements.— To receive Federal financial assistance for a major capital project for public transportation under this chapter or any other provision of Federal law, a recipient must prepare a project management plan approved by the Secretary and carry out the project in accordance with the project management plan. The plan shall provide for—
(1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;
(2) a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping system;
(5) a change order procedure that includes a documented, systematic approach to the handling of construction change orders;
(6) organizational structures, management skills, and staffing levels required throughout the construction phase;
(7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting requirements;
(10) criteria and procedures to be used for testing the operational system or its major components;
(11) periodic updates of the plan, especially related to project budget and project schedule, financing, ridership estimates, and the status of local efforts to enhance ridership where ridership estimates partly depend on the success of those efforts;
(12) the recipients commitment to submit a project budget and project schedule to the Secretary quarterly; and
(13) safety and security management.
(b) Plan Approval.— (1) The Secretary shall approve a plan not later than 60 days after it is submitted. If the approval cannot be completed within 60 days, the Secretary shall notify the recipient, explain the reasons for the delay, and estimate the additional time that will be required.
(2) The Secretary shall inform the recipient of the reasons when a plan is disapproved.
(c) Access to Sites and Records.— Each recipient of Federal financial assistance for public transportation under this chapter or any other provision of Federal law shall provide the Secretary and a contractor the Secretary chooses under section 5338(f) 11 See References in Text note below. with access to the construction sites and records of the recipient when reasonably necessary.
(d) Regulations.— The Secretary shall prescribe regulations necessary to carry out this section. The regulations shall include—
(1) a definition of “major capital project” for section 5338(f) 1 that excludes a project to acquire rolling stock or to maintain or rehabilitate a vehicle;
(2) a requirement that oversight—
(A) begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight; and
(B) be limited to quarterly reviews of compliance by the recipient with the project management plan approved under subsection (b) unless the Secretary finds that the recipient requires more frequent oversight because the recipient has failed to meet the requirements of such plan and the project may be at risk of going over budget or becoming behind schedule; and
(3) a process for recipients that the Secretary has found require more frequent oversight to return to quarterly reviews for purposes of paragraph (2)(B).
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103429, § 6(12), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104287, § 5(17), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105178, title III, § 3024, June 9, 1998, 112 Stat. 364; Pub. L. 10959, title III, § 3026, Aug. 10, 2005, 119 Stat. 1622; Pub. L. 112141, div. B, § 20020, July 6, 2012, 126 Stat. 708; Pub. L. 11494, div. A, title III, § 3012, Dec. 4, 2015, 129 Stat. 1475.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5327(a)49 App.:1619(d), (e).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 23(b)(g); added Apr. 2, 1987, Pub. L. 10017, § 324, 101 Stat. 236. 5327(b)49 App.:1619(g). 5327(c)(1)49 App.:1619(a).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 23(a); added Apr. 2, 1987, Pub. L. 10017, § 324, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102240, § 3027, 105 Stat. 2115. 5327(c)(2)49 App.:1619(h).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 23(h); added Nov. 21, 1989, Pub. L. 101164, § 340, 103 Stat. 1099. 5327(c)(3)49 App.:1619(b). 5327(d)49 App.:1619(c). 5327(e)49 App.:1619(f). In subsection (a), before clause (1), the words “as required in each case by the Secretary” are omitted as surplus. In clause (11), the words “such items as” and “where applicable” are omitted as surplus. In subsection (c)(1), the words “Beginning October 1, 1987” are omitted as executed. The words “with any person” are omitted as surplus. In subsection (c)(2), the words “In addition to the purposes provided for under subsection (a) of this section” and “with any person” are omitted as surplus. The cross-reference to paragraph (1) is not changed. The cross-reference in 49 App.:1619(h), the source provision being restated in this subsection, is no longer correct, but is apparently still meant to apply to funds made available under 49 App.:1619(a). In subsection (e), before clause (1), the text of 49 App.:1619(f) (2d sentence) is omitted as executed. In clause (1), The words “vehicles or other” and “the performance of” are omitted as surplus.
Pub. L. 103429This amends 49:5327(c)(1) to correct an erroneous cross-reference.
Pub. L. 104287This amends 49:5327(c) to correct an erroneous cross-reference.
Editorial Notes
References in TextSection 5338, referred to in subsecs. (c) and (d)(1), was amended generally by Pub. L. 11758, div. C, § 30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338 no longer contains a subsec. (f). Provisions relating to oversight, formerly contained in section 5338(f), can be found elsewhere in section 5338.
Amendments2015—Subsec. (c). Pub. L. 11494, § 3012(1), which directed substitution of section “5338(f)” for “section 5338(i)”, was executed by substituting “section 5338(f)” for “section 5338(i)”, to reflect the probable intent of Congress. Subsec. (d)(1). Pub. L. 11494, § 3012(2)(A)(i), which directed substitution of section 5338(f) for “section 5338(i)” without placing quotation marks around the language to be substituted, was executed by substituting “section 5338(f)” for “section 5338(i)”, to reflect the probable intent of Congress. Subsec. (d)(2), (3). Pub. L. 11494, § 3012(2)(A)(ii), (B), added pars. (2) and (3) and struck out former par. (2), which read as follows: “a requirement that oversight begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight.” 2012—Subsec. (a). Pub. L. 112141, § 20020(1)(A), in introductory provisions, substituted “Federal financial assistance for a major capital project for public transportation under this chapter or any other provision of Federal law, a recipient must prepare a project management plan approved by the Secretary and carry out the project in accordance with the project management plan” for “United States Government financial assistance for a major capital project under this chapter or the National Capital Transportation Act of 1969 (Public Law 91143, 83 Stat. 320), a recipient must prepare and carry out a project management plan approved by the Secretary of Transportation”. Subsec. (a)(12). Pub. L. 112141, § 20020(1)(B), substituted “quarterly” for “each month”. Subsec. (c). Pub. L. 112141, § 20020(2), (3), added subsec. (c) and struck out former subsec. (c) which related to limitations. Subsec. (d). Pub. L. 112141, § 20020(2), (4), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to access to sites and records. Subsec. (d)(1). Pub. L. 112141, § 20020(5)(A), substituted “section 5338(i)” for “subsection (c) of this section”. Subsec. (d)(2). Pub. L. 112141, § 20020(5)(B), substituted “project development phase” for “preliminary engineering stage” and “another phase” for “another stage”. Subsec. (e). Pub. L. 112141, § 20020(4), redesignated subsec. (e) as (d). Subsec. (f). Pub. L. 112141, § 20020(2), struck out subsec. (f). Text read as follows: “A recipient of financial assistance for a project under this chapter with an estimated total cost of $1,000,000,000 or more shall submit to the Secretary an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project.” 2005—Subsec. (a)(13). Pub. L. 10959, § 3026(a), added par. (13). Subsec. (c). Pub. L. 10959, § 3026(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) specified limitations on use of available amounts for certain purposes. 1998—Subsec. (c)(2). Pub. L. 105178, § 3024(a), substituted “enter into contracts” for “make contracts” and inserted “and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section” before period at end of first sentence. Subsec. (f). Pub. L. 105178, § 3024(b), added subsec. (f). 1996—Subsec. (c)(1). Pub. L. 104287 substituted “to carry out a major project under section 5309” for “to carry out a major project under section 5307”. 1994—Subsec. (c)(1). Pub. L. 103429 substituted “section 5307, 5309, 5311, or 103(e)(4) or that Act” for “section 5307, 5309, 5311, or 103(e)(4) of that Act”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104287 effective July 5, 1994, see section 8(1) of Pub. L. 104287, set out as a note under section 5303 of this title.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
Financing of Oversight ActivitiesPub. L. 10787, title III, § 319, Dec. 18, 2001, 115 Stat. 858, provided that: “Beginning in fiscal year 2002 and thereafter, the Secretary may use up to 1 percent of the amounts made available to carry out 49 U.S.C. 5309 for oversight activities under 49 U.S.C. 5327.”
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# 49 U.S.C. § 5328 - Repealed. Pub. L. 112141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]
## Notes
Section, Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 828; Pub. L. 104205, title III, § 336, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 104287, § 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105178, title III, § 3009(h)(2), (3)(B), (C), June 9, 1998, 112 Stat. 356; Pub. L. 105206, title IX, § 9009(h)(2), (3), July 22, 1998, 112 Stat. 856; Pub. L. 10959, title III, § 3027, Aug. 10, 2005, 119 Stat. 1623, related to project review and advancement by the Secretary.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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retrieved_at: "2026-07-04"
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---
# 49 U.S.C. § 5329 - Public transportation safety program
## Text
(a) Definition.— In this section, the term “recipient” means a State or local governmental authority, or any other operator of a public transportation system, that receives financial assistance under this chapter.
(b) National Public Transportation Safety Plan.— (1) In general.— The Secretary shall create and implement a national public transportation safety plan to improve the safety of all public transportation systems that receive funding under this chapter.
(2) Contents of plan.— The national public transportation safety plan under paragraph (1) shall include—
(A) safety performance criteria for all modes of public transportation, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation;
(B) the definition of the term “state of good repair” established under section 5326(b);
(C) minimum safety performance standards for public transportation vehicles used in revenue operations that—
(i) do not apply to rolling stock otherwise regulated by the Secretary or any other Federal agency; and
(ii) to the extent practicable, take into consideration—
(I) relevant recommendations of the National Transportation Safety Board;
(II) recommendations of, and best practices standards developed by, the public transportation industry; and
(III) innovations in driver assistance technologies and driver protection infrastructure, where appropriate, and a reduction in visibility impairments that contribute to pedestrian fatalities;
(D) in consultation with the Secretary of Health and Human Services, precautionary and reactive actions required to ensure public and personnel safety and health during an emergency (as defined in section 5324(a));
(E) minimum safety standards to ensure the safe operation of public transportation systems that—
(i) are not related to performance standards for public transportation vehicles developed under subparagraph (C); and
(ii) to the extent practicable, take into consideration—
(I) relevant recommendations of the National Transportation Safety Board;
(II) best practices standards developed by the public transportation industry;
(III) any minimum safety standards or performance criteria being implemented across the public transportation industry;
(IV) relevant recommendations from the report under section 3020 of the Federal Public Transportation Act of 2015; and
(V) any additional information that the Secretary determines necessary and appropriate;
(F) a public transportation safety certification training program, as described in subsection (c); and
(G) consideration, where appropriate, of performance-based and risk-based methodologies.
(3) Plan updates.— The Secretary shall update the national public transportation safety plan under paragraph (1) as necessary with respect to recipients receiving assistance under section 5307 that serve an urbanized area with a population of 200,000 or more.
(c) Public Transportation Safety Certification Training Program.— The Secretary shall establish a public transportation safety certification training program for Federal and State employees, or other designated personnel, who conduct safety audits and examinations of public transportation systems and employees of public transportation agencies directly responsible for safety oversight.
(d) Public Transportation Agency Safety Plan.— (1) In general.— Each recipient or State, as described in paragraph (3), shall certify that the recipient or State has established a comprehensive agency safety plan that includes, at a minimum—
(A) a requirement that the board of directors (or equivalent entity) of the recipient approve, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve, the agency safety plan and any updates to the agency safety plan;
(B) for each recipient serving an urbanized area with a population of fewer than 200,000, a requirement that the agency safety plan be developed in cooperation with frontline employee representatives;
(C) methods for identifying and evaluating safety risks throughout all elements of the public transportation system of the recipient;
(D) strategies to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions, and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases;
(E) a process and timeline for conducting an annual review and update of the safety plan of the recipient;
(F) performance targets based on—
(i) the safety performance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2); or
(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures established under the national public transportation safety plan, as described in subsection (b)(2)(A);
(G) assignment of an adequately trained safety officer who reports directly to the general manager, president, or equivalent officer of the recipient;
(H) a comprehensive staff training program for—
(i) the operations personnel and personnel directly responsible for safety of the recipient that includes—
(I) the completion of a safety training program; and
(II) continuing safety education and training; or
(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes—
(I) the completion of a safety training program;
(II) continuing safety education and training; and
(III) de-escalation training; and
(I) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers based on data submitted to the national transit database under section 5335, including—
(i) a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; and
(ii) the mitigation of assaults on transit workers, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into the workstations of bus operators when a risk analysis performed by the safety committee of the recipient established under paragraph (5) determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers.
(2) Interim agency safety plan.— A system safety plan developed pursuant to part 659 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the Federal Public Transportation Act of 2012, shall remain in effect until such time as this subsection takes effect.
(3) Public transportation agency safety plan drafting and certification.— (A) Section 5311.— For a recipient receiving assistance under section 5311, a State safety plan may be drafted and certified by the recipient or a State.
(B) Section 5307.— Not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a rule designating recipients of assistance under section 5307 that are small public transportation providers or systems that may have their State safety plans drafted or certified by a State.
(4) Risk reduction performance targets.— (A) In general.— The safety committee of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more established under paragraph (5) shall establish performance targets for the risk reduction program required under paragraph (1)(I) using a 3-year rolling average of the data submitted by the recipient to the national transit database under section 5335.
(B) Safety set aside.— A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more shall allocate not less than 0.75 percent of those funds to safety-related projects eligible under section 5307.
(C) Failure to meet performance targets.— A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more that does not meet the performance targets established under subparagraph (A) shall allocate the amount made available in subparagraph (B) in the following fiscal year to projects described in subparagraph (D).
(D) Eligible projects.— Funds set aside under subparagraph (C) shall be used for projects that are reasonably likely to assist the recipient in meeting the performance targets established in subparagraph (A), including modifications to rolling stock and de-escalation training.
(5) Safety committee.— (A) In general.— For purposes of this subsection, the safety committee of a recipient shall—
(i) be convened by a joint labor-management process;
(ii) consist of an equal number of—
(I) frontline employee representatives, selected by a labor organization representing the plurality of the frontline workforce employed by the recipient or, if applicable, a contractor to the recipient, to the extent frontline employees are represented by labor organizations; and
(II) management representatives; and
(iii) have, at a minimum, responsibility for—
(I) identifying and recommending risk-based mitigations or strategies necessary to reduce the likelihood and severity of consequences identified through the agencys safety risk assessment;
(II) identifying mitigations or strategies that may be ineffective, inappropriate, or were not implemented as intended; and
(III) identifying safety deficiencies for purposes of continuous improvement.
(B) Applicability.— This paragraph applies only to a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more.
(e) State Safety Oversight Program.— (1) Applicability.— This subsection applies only to eligible States.
(2) Definition.— In this subsection, the term “eligible State” means a State that has—
(A) a rail fixed guideway public transportation system within the jurisdiction of the State that is not subject to regulation by the Federal Railroad Administration; or
(B) a rail fixed guideway public transportation system in the engineering or construction phase of development within the jurisdiction of the State that will not be subject to regulation by the Federal Railroad Administration.
(3) In general.— In order to obligate funds apportioned under section 5338 to carry out this chapter, effective 3 years after the date on which a final rule under this subsection becomes effective, an eligible State shall have in effect a State safety oversight program approved by the Secretary under which the State—
(A) assumes responsibility for overseeing rail fixed guideway public transportation safety;
(B) adopts and enforces Federal and relevant State laws on rail fixed guideway public transportation safety;
(C) establishes a State safety oversight agency;
(D) determines, in consultation with the Secretary, an appropriate staffing level for the State safety oversight agency that is commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems in the eligible State;
(E) requires that employees and other designated personnel of the eligible State safety oversight agency who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under subsection (c); and
(F) prohibits any public transportation agency from providing funds to the State safety oversight agency or an entity designated by the eligible State as the State safety oversight agency under paragraph (4).
(4) State safety oversight agency.— (A) In general.— Each State safety oversight program shall establish a State safety oversight agency that—
(i) is financially and legally independent from any public transportation entity that the State safety oversight agency oversees;
(ii) does not directly provide public transportation services in an area with a rail fixed guideway public transportation system subject to the requirements of this section;
(iii) does not employ any individual who is also responsible for the administration of rail fixed guideway public transportation programs subject to the requirements of this section;
(iv) has the authority to review, approve, oversee, and enforce the implementation by the rail fixed guideway public transportation agency of the public transportation agency safety plan required under subsection (d);
(v) has investigative, inspection, and enforcement authority with respect to the safety of rail fixed guideway public transportation systems of the eligible State;
(vi) audits, at least once triennially, the compliance of the rail fixed guideway public transportation systems in the eligible State subject to this subsection with the public transportation agency safety plan required under subsection (d); and
(vii) provides, at least once annually, a status report on the safety of the rail fixed guideway public transportation systems the State safety oversight agency oversees to—
(I) the Federal Transit Administration;
(II) the Governor of the eligible State; and
(III) the board of directors, or equivalent entity, of any rail fixed guideway public transportation system that the State safety oversight agency oversees.
(B) Waiver.— At the request of an eligible State, the Secretary may waive clauses (i) and (iii) of subparagraph (A) for eligible States with 1 or more rail fixed guideway systems in revenue operations, design, or construction, that—
(i) have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year; or
(ii) provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year.
(5) Programs for multi-state rail fixed guideway public transportation systems.— An eligible State that has within the jurisdiction of the eligible State a rail fixed guideway public transportation system that operates in more than 1 eligible State shall—
(A) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, ensure uniform safety standards and enforcement procedures that shall be in compliance with this section, and establish and implement a State safety oversight program approved by the Secretary; or
(B) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, designate an entity having characteristics consistent with the characteristics described in paragraph (3) to carry out the State safety oversight program approved by the Secretary.
(6) Grants.— (A) In general.— The Secretary shall make grants to eligible States to develop or carry out State safety oversight programs under this subsection. Grant funds may be used for program operational and administrative expenses, including employee training activities.
(B) Apportionment.— (i) Formula.— The amount made available for State safety oversight under section 5336(h) shall be apportioned among eligible States under a formula to be established by the Secretary. Such formula shall take into account fixed guideway vehicle revenue miles, fixed guideway route miles, and fixed guideway vehicle passenger miles attributable to all rail fixed guideway systems not subject to regulation by the Federal Railroad Administration within each eligible State.
(ii) Administrative requirements.— Grant funds apportioned to States under this paragraph shall be subject to uniform administrative requirements for grants and cooperative agreements to State and local governments under part 18 of title 49, Code of Federal Regulations, and shall be subject to the requirements of this chapter as the Secretary determines appropriate.
(C) Government share.— (i) In general.— The Government share of the reasonable cost of a State safety oversight program developed or carried out using a grant under this paragraph shall be 80 percent.
(ii) In-kind contributions.— Any calculation of the non-Government share of a State safety oversight program shall include in-kind contributions by an eligible State.
(iii) Non-government share.— The non-Government share of the cost of a State safety oversight program developed or carried out using a grant under this paragraph may not be met by—
(I) any Federal funds;
(II) any funds received from a public transportation agency; or
(III) any revenues earned by a public transportation agency.
(iv) Safety training program.— Recipients of funds made available to carry out sections 5307 and 5311 may use not more than 0.5 percent of their formula funds to pay not more than 80 percent of the cost of participation in the public transportation safety certification training program established under subsection (c), by an employee of a State safety oversight agency or a recipient who is directly responsible for safety oversight.
(7) Certification process.— (A) In general.— Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall determine whether or not each State safety oversight program meets the requirements of this subsection and the State safety oversight program is adequate to promote the purposes of this section.
(B) Issuance of certifications and denials.— The Secretary shall issue a certification to each eligible State that the Secretary determines under subparagraph (A) adequately meets the requirements of this subsection, and shall issue a denial of certification to each eligible State that the Secretary determines under subparagraph (A) does not adequately meet the requirements of this subsection.
(C) Disapproval.— If the Secretary determines that a State safety oversight program does not meet the requirements of this subsection and denies certification, the Secretary shall transmit to the eligible State a written explanation and allow the eligible State to modify and resubmit the State safety oversight program for approval.
(D) Failure to correct.— If the Secretary determines that a modification by an eligible State of the State safety oversight program is not sufficient to certify the program, the Secretary—
(i) shall notify the Governor of the eligible State of such denial of certification and failure to adequately modify the program, and shall request that the Governor take all possible actions to correct deficiencies in the program to ensure the certification of the program; and
(ii) may—
(I) withhold funds available under paragraph (6) in an amount determined by the Secretary;
(II) withhold not more than 5 percent of the amount required to be appropriated for use in a State or urbanized area in the State under section 5307 of this title, until the State safety oversight program has been certified; or
(III) require fixed guideway public transportation systems under such State safety oversight program to provide up to 100 percent of Federal assistance made available under this chapter only for safety-related improvements on such systems, until the State safety oversight program has been certified.
(8) Federal safety management.— (A) In general.— If the Secretary determines that a State safety oversight program is not being carried out in accordance with this section, has become inadequate to ensure the enforcement of Federal safety regulation, or is incapable of providing adequate safety oversight consistent with the prevention of substantial risk of death, or personal injury, the Secretary shall administer the State safety oversight program until the eligible State develops a State safety oversight program certified by the Secretary in accordance with this subsection.
(B) Temporary federal oversight.— In making a determination under subparagraph (A), the Secretary shall—
(i) transmit to the eligible State and affected recipient or recipients, a written explanation of the determination or subsequent finding, including any intention to withhold funding under this section, the amount of funds proposed to be withheld, and if applicable, a formal notice of a withdrawal of State safety oversight program approval; and
(ii) require the State to submit a State safety oversight program or modification for certification by the Secretary that meets the requirements of this subsection.
(C) Failure to correct.— If the Secretary determines in accordance with subparagraph (A), that a State safety oversight program or modification required pursuant to subparagraph (B)(ii), submitted by a State is not sufficient, the Secretary may—
(i) withhold funds available under paragraph (6) in an amount determined by the Secretary;
(ii) beginning 1 year after the date of the determination, withhold not more than 5 percent of the amount required to be appropriated for use in a State or an urbanized area in the State under section 5307, until the State safety oversight program or modification has been certified; and
(iii) use any other authorities authorized under this chapter considered necessary and appropriate.
(D) Administrative and oversight activities.— To carry out administrative and oversight activities authorized by this paragraph, the Secretary may use grant funds apportioned to an eligible State, under paragraph (6), to develop or carry out a State safety oversight program.
(9) Evaluation of program and annual report.— The Secretary shall continually evaluate the implementation of a State safety oversight program by a State safety oversight agency, and shall submit on or before July 1 of each year to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on—
(A) the amount of funds apportioned to each eligible State; and
(B) the certification status of each State safety oversight program, including what steps a State program that has been denied certification must take in order to be certified.
(10) Federal oversight.— The Secretary shall—
(A) oversee the implementation of each State safety oversight program under this subsection;
(B) audit the operations of each State safety oversight agency at least once triennially; and
(C) issue rules to carry out this subsection.
(11) Effectiveness of enforcement authorities and practices.— The Secretary shall develop and disseminate to State safety oversight agencies the process and methodology that the Secretary will use to monitor the effectiveness of the enforcement authorities and practices of State safety oversight agencies.
(f) Authority of Secretary.— In carrying out this section, the Secretary may—
(1) conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient;
(2) make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally;
(3) in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if—
(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with an ongoing criminal investigation; and
(B) the Attorney General—
(i) determines that the subpoena will not interfere with an ongoing criminal investigation; or
(ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A);
(4) require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency;
(5) investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents;
(6) at reasonable times and in a reasonable manner, enter and inspect equipment, facilities, rolling stock, operations, and relevant records of the public transportation system of a recipient; and
(7) issue rules to carry out this section.
(g) Enforcement Actions.— (1) Types of enforcement actions.— The Secretary may take enforcement action against a recipient that does not comply with Federal law with respect to the safety of the public transportation system, including—
(A) issuing directives;
(B) requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary;
(C) imposing more frequent reporting requirements;
(D) requiring that any Federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects; and
(E) withholding not more than 25 percent of financial assistance under section 5307.
(2) Use or withholding of funds.— (A) In general.— The Secretary may require the use of funds or withhold funds in accordance with paragraph (1)(D) or (1)(E) only if the Secretary finds that a recipient is engaged in a pattern or practice of serious safety violations or has otherwise refused to comply with Federal law relating to the safety of the public transportation system.
(B) Notice.— Before withholding funds from a recipient, the Secretary shall provide to the recipient—
(i) written notice of a violation and the amount proposed to be withheld; and
(ii) a reasonable period of time within which the recipient may address the violation or propose and initiate an alternative means of compliance that the Secretary determines is acceptable.
(h) Restrictions and Prohibitions.— (1) Restrictions and prohibitions.— The Secretary shall issue restrictions and prohibitions by whatever means are determined necessary and appropriate, without regard to section 5334(c), if, through testing, inspection, investigation, audit, or research carried out under this chapter, the Secretary determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, exist such that there is a substantial risk of death or personal injury.
(2) Notice.— The notice of restriction or prohibition shall describe the condition or practice, the subsequent risk and the standards and procedures required to address the restriction or prohibition.
(3) Continued authority.— Nothing in this subsection shall be construed as limiting the Secretarys authority to maintain a restriction or prohibition for as long as is necessary to ensure that the risk has been substantially addressed.
(i) Consultation by the Secretary of Homeland Security.— The Secretary of Homeland Security shall consult with the Secretary of Transportation before the Secretary of Homeland Security issues a rule or order that the Secretary of Transportation determines affects the safety of public transportation design, construction, or operations.
(j) Actions Under State Law.— (1) Rule of construction.— Nothing in this section shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party has failed to comply with—
(A) a Federal standard of care established by a regulation or order issued by the Secretary under this section; or
(B) its own program, rule, or standard that it created pursuant to a rule or order issued by the Secretary.
(2) Effective date.— This subsection shall apply to any cause of action under State law arising from an event or activity occurring on or after the date of enactment of the Federal Public Transportation Act of 2012.
(3) Jurisdiction.— Nothing in this section shall be construed to create a cause of action under Federal law on behalf of an injured party or confer Federal question jurisdiction for a State law cause of action.
(k) Inspections.— (1) Inspection access.— (A) In general.— A State safety oversight program shall provide the State safety oversight agency established by the program with the authority and capability to enter the facilities of each rail fixed guideway public transportation system that the State safety oversight agency oversees to inspect infrastructure, equipment, records, personnel, and data, including the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks.
(B) Policies and procedures.— A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures regarding the access of the State safety oversight agency to conduct inspections of the rail fixed guideway public transportation system, including access for inspections that occur without advance notice to the rail fixed guideway public transportation agency.
(2) Data collection.— (A) In general.— A rail fixed guideway public transportation agency shall provide the applicable State safety oversight agency with the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks, in accordance with subparagraph (B).
(B) Policies and procedures.— A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures for collecting data described in subparagraph (A) from a rail fixed guideway public transportation agency, including with respect to frequency of collection, that is commensurate with the size and complexity of the rail fixed guideway public transportation system.
(3) Incorporation.— Policies and procedures established under this subsection shall be incorporated into—
(A) the State safety oversight program standard adopted by a State safety oversight agency under section 674.27 of title 49, Code of Federal Regulations (or any successor regulation); and
(B) the public transportation agency safety plan established by a rail fixed guideway public transportation agency under subsection (d).
(4) Assessment by secretary.— In assessing the capability of a State safety oversight agency to conduct inspections as required under paragraph (1), the Secretary shall ensure that—
(A) the inspection practices of the State safety oversight agency are commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems that the State safety oversight agency oversees;
(B) the inspection program of the State safety oversight agency is risk-based; and
(C) the State safety oversight agency has sufficient resources to conduct the inspections.
(5) Special directive.— The Secretary shall issue a special directive to each State safety oversight agency on the development and implementation of risk-based inspection programs under this subsection.
(6) Enforcement.— The Secretary may use any authority under this section, including any enforcement action authorized under subsection (g), to ensure the compliance of a State safety oversight agency or State safety oversight program with this subsection.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 830; Pub. L. 10959, title III, § 3028(a), Aug. 10, 2005, 119 Stat. 1624; Pub. L. 112141, div. B, § 20021(a), July 6, 2012, 126 Stat. 709; Pub. L. 11494, div. A, title III, § 3013, Dec. 4, 2015, 129 Stat. 1476; Pub. L. 11758, div. C, § 30012(a), Nov. 15, 2021, 135 Stat. 904.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5329(a)49 App.:1618(a).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 22(a); added Jan. 6, 1983, Pub. L. 97424, § 318(b), 96 Stat. 2154; Dec. 18, 1991, Pub. L. 102240, § 3026(1), 105 Stat. 2114. 5329(b)49 App.:1618(b).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 22(b); added Dec. 18, 1991, Pub. L. 102240, § 3026(2), 105 Stat. 2114. In subsection (a), the words “manner of” are omitted as surplus. The word “how” is substituted for “the means which might best be employed” to eliminate unnecessary words. The words “or eliminating” and “from the local public body” are omitted as surplus. The words “a plan is approved and carried out” are substituted for “he approves such plan and the local public body implements such plan” to eliminate unnecessary words. In subsection (b)(1) and (2), the words “a description of” are added for clarity.
Editorial Notes
References in TextSection 3020 of the Federal Public Transportation Act of 2015, referred to in subsec. (b)(2)(D)(ii)(IV), is section 3020 of Pub. L. 11494, Dec. 4, 2015, 129 Stat. 1491, which is not classified to the Code. The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (d)(2), (3)(B), (e)(7)(A), (j)(2), and (k), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Amendments2021—Subsec. (b)(2)(A). Pub. L. 11758, § 30012(a)(1)(A)(i), inserted “, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation” after “public transportation”. Subsec. (b)(2)(C)(ii)(III). Pub. L. 11758, § 30012(a)(1)(A)(ii), added subcl. (III). Subsec. (b)(2)(D) to (G). Pub. L. 11758, § 30012(a)(1)(A)(iii)(vii), added subpars. (D) and (G), and redesignated former subpars. (D) and (E) as (E) and (F), respectively. Subsec. (b)(3). Pub. L. 11758, § 30012(a)(1)(B), added par. (3). Subsec. (c). Pub. L. 11758, § 30012(a)(2), struck out par. (1) designation and heading and par. (2). Prior to amendment, text of par. (2) read as follows: “Not later than 90 days after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall establish interim provisions for the certification and training of the personnel described in paragraph (1), which shall be in effect until the effective date of the final rule issued by the Secretary to implement this subsection.” Subsec. (d)(1). Pub. L. 11758, § 30012(a)(3)(A)(i), substituted “Each recipient” for “Effective 1 year after the effective date of a final rule issued by the Secretary to carry out this subsection, each recipient” in introductory provisions. Subsec. (d)(1)(A). Pub. L. 11758, § 30012(a)(3)(A)(ii), inserted “, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve,” after “recipient approve”. Subsec. (d)(1)(B) to (H). Pub. L. 11758, § 30012(a)(3)(A)(iii)(viii), added subpar. (B) and redesignated former subpars. (B) to (G) as (C) to (H), respectively; in subpar. (D), inserted “, and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases” before semicolon at end; added subpar. (F) and struck out former subpar. (F), which related to perforamce targets; and added subpars. (H) and (I) and struck out former subpar. (H), which related to comprehensive staff training programs. Subsec. (d)(4), (5). Pub. L. 11758, § 30012(a)(3)(B), added pars. (4) and (5). Subsec. (e)(4)(A)(v). Pub. L. 11758, § 30012(a)(4)(A), inserted “, inspection,” after “investigative”. Subsec. (e)(11). Pub. L. 11758, § 30012(a)(4)(B), added par. (11). Subsec. (k). Pub. L. 11758, § 30012(a)(5), added subsec. (k) and struck out former subsec. (k). Prior to amendment, text read as follows: “Not later than 3 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— “(1) analyzes public transportation safety trends among the States and documents the most effective safety programs implemented using grants under this section; and “(2) describes the effect on public transportation safety of activities carried out using grants under this section.” 2015—Subsec. (b)(2)(D), (E). Pub. L. 11494, § 3013(1), added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (e)(8) to (10). Pub. L. 11494, § 3013(2), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively. Subsec. (f)(2). Pub. L. 11494, § 3013(3), which directed insertion of “or the public transportation industry generally” after “recipients”, was executed by making the insertion after “recipient”, to reflect the probable intent of Congress. Subsec. (g)(1). Pub. L. 11494, § 3013(4)(A), substituted “a recipient” for “an eligible State, as defined in subsection (e),” in introductory provisions. Subsec. (g)(1)(E). Pub. L. 11494, § 3013(4)(B)(D), added subpar. (E). Subsec. (g)(2)(A). Pub. L. 11494, § 3013(5), inserted “or withhold funds” after “use of funds” and “or (1)(E)” after “paragraph (1)(D)”. Subsec. (h). Pub. L. 11494, § 3013(6), added subsec. (h) and struck out former subsec. (h), which related to cost-benefit analysis. 2012—Pub. L. 112141 amended section generally. Prior to amendment, section related to investigations of safety hazards and security risks. 2005—Pub. L. 10959 amended section catchline and text generally, substituting provisions relating to investigations of safety hazards and security risks for provisions relating to investigation of safety hazards.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 11758, div. C, § 30012(b)(2), Nov. 15, 2021, 135 Stat. 909, provided that: “Section 5329(k) of title 49, United States Code (as amended by subsection (a)), shall apply with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary of Transportation issues the special directive to the State safety oversight agency under paragraph (5) of that section 5329(k).” [The Federal Transit Administration issued 31 special directives under subsec. (k)(5) of this section on Oct. 21, 2022. See 89 F.R. 83977.]
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Special Directive on Risk-Based Inspection ProgramsPub. L. 11758, div. C, § 30012(b)(1), Nov. 15, 2021, 135 Stat. 909, provided that: “Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary of Transportation shall issue each special directive required under section 5329(k)(5) of title 49, United States Code (as added by subsection (a)).”
No Effect on Initial Certification ProcessPub. L. 11758, div. C, § 30012(c), Nov. 15, 2021, 135 Stat. 909, provided that: “Nothing in this section [amending this section and enacting provisions set out as a note under this section] or the amendments made by this section affects the requirements for initial approval of a State safety oversight program, including the initial deadline, under section 5329(e)(3) of title 49, United States Code.”
Improved Public Transportation Safety MeasuresPub. L. 11494, div. A, title III, § 3022, Dec. 4, 2015, 129 Stat. 1493, provided that: “(a) Requirements.—Not later than 90 days after publication of the report required in section 3020, the Secretary [of Transportation] shall issue a notice of proposed rulemaking on protecting public transportation operators from the risk of assault. “(b) Consideration.—In the proposed rulemaking, the Secretary shall consider—“(1) different safety needs of drivers of different modes; “(2) differences in operating environments; “(3) the use of technology to mitigate driver assault risks; “(4) existing experience, from both agencies and operators that already are using or testing driver assault mitigation infrastructure; and “(5) the impact of the rule on future rolling stock procurements and vehicles currently in revenue service. “(c) Savings Clause.—Nothing in this section may be construed as prohibiting the Secretary from issuing different comprehensive worker protections, including standards for mitigating assaults.”
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# 49 U.S.C. § 5330 - Repealed. Pub. L. 112141, div. B, § 20030(e), July 6, 2012, 126 Stat. 731]
## Notes
Section, Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 831; Pub. L. 10959, title III, §§ 3002(b)(4), 3029(a), Aug. 10, 2005, 119 Stat. 1545, 1625, related to State safety oversight of certain rail fixed guideway public transportation systems.
Statutory Notes and Related Subsidiaries
Effective Date of RepealPub. L. 112141, div. B, § 20030(e), July 6, 2012, 126 Stat. 731, provided that the repeal of this section is effective 3 years after the effective date of the final rules issued by the Secretary of Transportation under section 5329(e) of this title. Such effective date is Apr. 15, 2016, see 81 F.R. 14230.
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# 49 U.S.C. § 5331 - Alcohol and controlled substances testing
## Text
(a) Definitions.— In this section—
(1) “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) whose use the Secretary decides has a risk to transportation safety.
(2) “person” includes any entity organized or existing under the laws of the United States, a State, territory, or possession of the United States, or a foreign country.
(3) “public transportation” means any form of public transportation, except a form the Secretary decides is covered adequately, for employee alcohol and controlled substances testing purposes, under section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46. The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.
(b) Testing Program for Public Transportation Employees.— (1) (A) In the interest of public transportation safety, the Secretary shall prescribe regulations that establish a program requiring public transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title to conduct preemployment, reasonable suspicion, random, and post-accident testing of public transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such operations to conduct preemployment testing of such employees for the use of alcohol.
(B) When the Secretary considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of public transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a Government regulation.
(2) In prescribing regulations under this subsection, the Secretary—
(A) shall require that post-accident testing of such a public transportation employee be conducted when loss of human life occurs in an accident involving public transportation; and
(B) may require that post-accident testing of such a public transportation employee be conducted when bodily injury or significant property damage occurs in any other serious accident involving public transportation.
(c) Disqualifications for Use.— (1) When the Secretary considers it appropriate, the Secretary shall require disqualification for an established period of time or dismissal of any employee referred to in subsection (b)(1) of this section who is found—
(A) to have used or been impaired by alcohol when on duty; or
(B) to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or regulation.
(2) This section does not supersede any penalty applicable to a public transportation employee under another law.
(d) Testing and Laboratory Requirements.— In carrying out subsection (b) of this section, the Secretary shall develop requirements that shall—
(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which individuals may be tested; and
(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;
(3) require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individuals confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
(e) Rehabilitation.— The Secretary shall prescribe regulations establishing requirements for rehabilitation programs that provide for the identification and opportunity for treatment of any public transportation employee referred to in subsection (b)(1) of this section who is found to have used alcohol or a controlled substance in violation of law or a Government regulation. The Secretary shall decide on the circumstances under which employees shall be required to participate in a program. This subsection does not prevent a public transportation operation from establishing a program under this section in cooperation with another public transportation operation.
(f) Relationship to Other Laws, Regulations, Standards, and Orders.— (1) A State or local government may not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this section. However, a regulation prescribed under this section does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.
(2) In prescribing regulations under this section, the Secretary—
(A) shall establish only requirements that are consistent with international obligations of the United States; and
(B) shall consider applicable laws and regulations of foreign countries.
(g) Conditions on Federal Assistance.— (1) Ineligibility for assistance.— A person that receives funds under this chapter is not eligible for financial assistance under section 5307, 5309, or 5311 of this title if the person is required, under regulations the Secretary prescribes under this section, to establish a program of alcohol and controlled substances testing and does not establish the program in accordance with this section.
(2) Additional remedies.— If the Secretary determines that a person that receives funds under this chapter is not in compliance with regulations prescribed under this section, the Secretary may bar the person from receiving Federal transit assistance in an amount the Secretary considers appropriate.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 832; Pub. L. 103429, § 6(13), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 10459, title III, § 342(a), Nov. 28, 1995, 109 Stat. 608; Pub. L. 10959, title III, §§ 3002(b)(3), (4), 3030, Aug. 10, 2005, 119 Stat. 1545, 1625; Pub. L. 112141, div. B, §§ 20022, 20030(f), July 6, 2012, 126 Stat. 717, 731.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5331(a)49 App.:1618a(a).Oct. 28, 1991, Pub. L. 102143, § 6, 105 Stat. 962. 5331(b)49 App.:1618a(b). 5331(c)49 App.:1618a(f). 5331(d)49 App.:1618a(d). 5331(e)49 App.:1618a(c). 5331(f)49 App.:1618a(e). 5331(g)49 App.:1618a(g). In subsection (a), before clause (1), the text of 49 App.:1618a(a)(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (3), the words “controlled substances” are substituted for “drug” for consistency in this section. In subsection (b)(1)(B), the word “also” is omitted as surplus. In subsection (b)(2)(B), the words “may require” are substituted for “as determined by the Secretary” for clarity and to eliminate unnecessary words. In subsection (d), the word “samples” is omitted as surplus. In subsection (d)(2), before subclause (A), the word “subsequent” is omitted as surplus. In subsection (d)(3), the words “of any individual” are omitted as surplus. In subsection (d)(4), the words “by any individual” are omitted as surplus. In subsection (d)(5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency. In subsection (d)(6), the word “Secretary” is substituted for “Department” for consistency in the revised title and with other titles of the United States Code. In subsection (f)(1), the word “prescribe” is substituted for “adopt” for consistency in the revised title and with other titles of the Code. The word “rule” is omitted as being synonymous with “regulation”. The word “ordinance” is omitted as being included in “law” and “regulation”. The words “whether the provisions apply specifically to mass transportation employees, or to the general public” are omitted as surplus. In subsection (f)(3), the word “prevent” is substituted for “restrict the discretion of” to eliminate unnecessary words. In subsection (g) the words “in accordance with such regulations” are omitted as surplus.
Pub. L. 103429This amends 49:5331(a)(3) to correct an erroneous cross-reference.
Editorial Notes
Amendments2012—Pub. L. 112141, § 20030(f), substituted “Secretary” for “Secretary of Transportation” wherever appearing. Subsec. (g). Pub. L. 112141, § 20022, added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “A person is not eligible for financial assistance under section 5307, 5309, or 5311 of this title if the person is required, under regulations the Secretary of Transportation prescribes under this section, to establish a program of alcohol and controlled substances testing and does not establish the program.” 2005—Subsec. (a)(3). Pub. L. 10959, § 3030(a), substituted “section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46” for “section 20140 or 31306 of this title” and inserted at end “The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.”. Pub. L. 10959, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places. Subsec. (b). Pub. L. 10959, § 3002(b)(3), substituted “Public” for “Mass” in heading. Subsec. (b)(1)(A). Pub. L. 10959, § 3030(b), struck out “or section 103(e)(4) of title 23” after “5311 of this title”. Pub. L. 10959, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing. Subsecs. (b)(1)(B), (2), (c)(2), (e). Pub. L. 10959, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing. Subsec. (f)(3). Pub. L. 10959, § 3030(c), struck out par. (3) which read as follows: “This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by mass transportation employees.” Subsec. (g). Pub. L. 10959, § 3030(b), struck out “or section 103(e)(4) of title 23” after “5311 of this title”. 1995—Subsec. (b)(1)(A). Pub. L. 10459 added subpar. (A) and struck out former subpar. (A) which read as follows: “In the interest of mass transportation safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that establish a program requiring mass transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title or section 103(e)(4) of title 23 to conduct preemployment, reasonable suspicion, random, and post-accident testing of mass transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation.” 1994—Subsec. (a)(3). Pub. L. 103429 substituted “section 20140 or 31306” for “subchapter III of chapter 201 or section 31306”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103429 effective July 5, 1994, see section 9 of Pub. L. 103429, set out as a note under section 321 of this title.
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# 49 U.S.C. § 5332 - Nondiscrimination
## Text
(a) Definition.— In this section, “person” includes a governmental authority, political subdivision, authority, legal representative, trust, unincorporated organization, trustee, trustee in bankruptcy, and receiver.
(b) Prohibitions.— A person may not be excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance under this chapter because of race, color, religion, national origin, sex, disability, or age.
(c) Compliance.— (1) The Secretary shall take affirmative action to ensure compliance with subsection (b) of this section.
(2) When the Secretary decides that a person receiving financial assistance under this chapter is not complying with subsection (b) of this section, a civil rights law of the United States, or a regulation or order under that law, the Secretary shall notify the person of the decision and require action be taken to ensure compliance with subsection (b).
(d) Authority of Secretary for Noncompliance.— If a person does not comply with subsection (b) of this section within a reasonable time after receiving notice, the Secretary shall—
(1) direct that no further financial assistance of the United States Government under this chapter be provided to the person;
(2) refer the matter to the Attorney General with a recommendation that a civil action be brought;
(3) proceed under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or
(4) take any other action provided by law.
(e) Civil Actions by Attorney General.— The Attorney General may bring a civil action for appropriate relief when—
(1) a matter is referred to the Attorney General under subsection (d)(2) of this section; or
(2) the Attorney General believes a person is engaged in a pattern or practice in violation of this section.
(f) Application and Relationship to Other Laws.— This section applies to an employment or business opportunity and is in addition to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 834; Pub. L. 112141, div. B, §§ 20023(a), 20030(g), July 6, 2012, 126 Stat. 717, 731.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5332(a)49 App.:1615(a)(5).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 19; added Nov. 6, 1978, Pub. L. 95599, § 314, 92 Stat. 2750. 5332(b)49 App.:1615(a)(1) (1st sentence). 5332(c)49 App.:1615(a)(2), (3)(A). 5332(d)49 App.:1615(a)(3)(B). 5332(e)49 App.:1615(a)(4). 5332(f)49 App.:1615(a)(1) (last sentence). In subsection (a), the words “the term” and “one or more” are omitted as surplus. The words “partnerships, associations, corporations” and “mutual companies, joint-stock companies” are omitted because of 1:1. In subsection (b), the word “receiving” is substituted for “funded in whole or in part through” to eliminate unnecessary words. In subsection (c)(2), the words “directly or indirectly”, “issued”, and “necessary” are omitted as surplus. In subsection (d), before clause (1), the words “does not” are substituted for “fails or refuses to” to eliminate unnecessary words. The words “period of” and “pursuant to paragraph (a) of this subsection” are omitted as surplus. In clause (2), the word “appropriate” is omitted as surplus. In clause (3), the words “proceed under” are substituted for “exercise the powers and functions provided by” to eliminate unnecessary words. In subsection (e), before clause (1), the words “in any appropriate district court of the United States” and “including injunctive relief” are omitted as surplus. In subsection (f), the words “considered to be” and “and not in lieu of” are omitted as surplus.
Editorial Notes
References in TextThe Civil Rights Act of 1964, referred to in subsecs. (d)(3) and (f), is Pub. L. 88352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
Amendments2012—Subsec. (b). Pub. L. 112141, § 20023(a)(1), substituted “religion” for “creed” and inserted “disability,” after “sex,”. Subsec. (c)(1). Pub. L. 112141, § 20030(g), struck out “of Transportation” after “Secretary”. Subsec. (d)(3). Pub. L. 112141, § 20023(a)(2), substituted “or” for “and”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 5333 - Labor standards
## Text
(a) Prevailing Wages Requirement.— The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Transportation may approve a grant or loan only after being assured that required labor standards will be maintained on the construction work. For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 3145 of title 40.
(b) Employee Protective Arrangements.— (1) As a condition of financial assistance under sections 53075312, 5316,11 See References in Text note below. 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 53075312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) shall specify the arrangements.
(2) Arrangements under this subsection shall include provisions that may be necessary for—
(A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a worsening of their positions related to employment;
(D) assurances of employment to employees of acquired public transportation systems;
(E) assurances of priority of reemployment of employees whose employment is ended or who are laid off; and
(F) paid training or retraining programs.
(3) Arrangements under this subsection shall provide benefits at least equal to benefits established under section 11326 of this title.
(4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.
(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labors decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV90X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 835; Pub. L. 10488, title III, § 308(e), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105178, title III, § 3029(b)(9), June 9, 1998, 112 Stat. 372; Pub. L. 107217, § 3(n)(3), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 10959, title III, §§ 3002(b)(4), 3031, Aug. 10, 2005, 119 Stat. 1545, 1625; Pub. L. 112141, div. B, § 20030(h), July 6, 2012, 126 Stat. 731.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5333(a)49 App.:1609(a), (b).July 9, 1964, Pub. L. 88365, § 13, 78 Stat. 307; Sept. 8, 1966, Pub. L. 89562, § 2(a)(1), (b)(2), 80 Stat. 715, 716; May 25, 1967, Pub. L. 9019, § 20(a), 81 Stat. 25. 5333(b)49 App.:1609(c). In subsection (a), the words “take such action as may be necessary to”, “the performance of”, “the assistance of”, and “at rates” are omitted as surplus. The word “same” is added for clarity. The words “duties and powers” are substituted for “authority and functions” for consistency in the revised title and with other titles of the United States Code. In subsection (b)(1), the reference to sections 5307, 5308, 5310, and 5311 of the revised title is added for clarity because of 49 App.:1607a(e)(1), 1607a2(a), 1612(b), and 1614(f), restated as sections 5307(n)(2), 5308(b)(1), 5310(a), and 5311(i) of the revised title. The reference to section 5312 is added for clarity because it is intended that 49 App.:1609(c) cover research, development, training, and demonstration projects. The words “terms and conditions of the protective” are omitted as surplus. In subsection (b)(2), before clause (A), the words “without being limited to” are omitted as being included in “include”. The words “such provisions as may be necessary for” are omitted as surplus. In clause (C), the word “individual” is omitted as surplus. In subsection (b)(3), the words “section 11347 of this title” are substituted for and coextensive with “section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended” in section 13(c) of the Urban Mass Transportation Act of 1964 (Public Law 88365, 78 Stat. 307) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95473, 92 Stat. 1466).
Editorial Notes
References in TextReorganization Plan No. 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Government Organization and Employees. Sections 5316 and 5328 of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 112141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622.
Amendments2012—Subsec. (a). Pub. L. 112141 substituted “sections 3141 through 3144” for “sections 31413144”. 2005—Subsec. (b)(1). Pub. L. 10959, § 3031(1), substituted “5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)” for “5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)” in two places. Subsec. (b)(2)(D). Pub. L. 10959, § 3002(b)(4), substituted “public transportation” for “mass transportation”. Subsec. (b)(4), (5). Pub. L. 10959, § 3031(2), added pars. (4) and (5). 2002—Subsec. (a). Pub. L. 107217 substituted “sections 31413144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a5)” and “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”. 1998—Subsec. (b)(1). Pub. L. 105178 substituted “5338(b)” for “5338(j)(5)” in two places. 1995—Subsec. (b)(3). Pub. L. 10488 substituted “11326” for “11347”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1995 AmendmentAmendment by Pub. L. 10488 effective Jan. 1, 1996, see section 2 of Pub. L. 10488, set out as an Effective Date note under section 1301 of this title.
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# 49 U.S.C. § 5335 - National transit database
## Text
(a) National Transit Database.— To help meet the needs of individual public transportation systems, the United States Government, State and local governments, and the public for information on which to base public transportation service planning, the Secretary shall maintain a reporting system, using uniform categories to accumulate public transportation financial, operating, geographic service area coverage, and asset condition information and using a uniform system of accounts. The reporting and uniform systems shall contain appropriate information to help any level of government make a public sector investment decision. The Secretary may request and receive appropriate information from any source.
(b) Reporting and Uniform Systems.— The Secretary may award a grant under section 5307 or 5311 only if the applicant, and any person that will receive benefits directly from the grant, are subject to the reporting and uniform systems.
(c) Data Required to Be Reported.— Each recipient of a grant under this chapter shall report to the Secretary, for inclusion in the national transit database under this section—
(1) any information relating to a transit asset inventory or condition assessment conducted by the recipient;
(2) any data on assaults on transit workers of the recipients; and
(3) any data on fatalities that result from an impact with a bus.
(Pub. L. 103272, § 1(d), July 5, 1994, 108 Stat. 838; Pub. L. 104287, § 5(9), (18), Oct. 11, 1996, 110 Stat. 3389, 3390; Pub. L. 104316, title I, § 127(b), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105178, title III, § 3026, June 9, 1998, 112 Stat. 365; Pub. L. 10959, title III, §§ 3002(b)(4), 3033(a), Aug. 10, 2005, 119 Stat. 1545, 1627; Pub. L. 112141, div. B, §§ 20025(a), 20030(j), July 6, 2012, 126 Stat. 718, 731; Pub. L. 11758, div. C, § 30014, Nov. 15, 2021, 135 Stat. 910.)
## Notes
Historical and Revision Notes Pub. L. 103272 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 5335(a)49 App.:1608(j).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 12(j); added Apr. 2, 1987, Pub. L. 10017, § 319, 101 Stat. 234. 49 App.:1611(a).July 9, 1964, Pub. L. 88365, § 15(a), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89562, §§ 2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91453, § 7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93503, § 111, 88 Stat. 1573. 49 App.:1611(b).July 9, 1964, Pub. L. 88365, § 15(b), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89562, §§ 2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91453, § 7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93503, § 111, 88 Stat. 1573; Jan. 6, 1983, Pub. L. 97424, § 304(c), 96 Stat. 2150. 5335(b)49 App.:1603(b)(1).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 4(b)(1); added Nov. 6, 1978, Pub. L. 95599, § 303(e), 92 Stat. 2738; restated Apr. 2, 1987, Pub. L. 10017, § 307, 101 Stat. 226; Dec. 18, 1991, Pub. L. 102240, § 3006(h) (1), 105 Stat. 2090. 5335(c)49 App.:1623(a).July 9, 1964, Pub. L. 88365, 78 Stat. 302, § 27; added Dec. 18, 1991, Pub. L. 102240, § 3028, 105 Stat. 2115. 5335(d)49 App.:1623(b). In subsection (a), the text of 49 App.:1608(j) is omitted as superseded by 31:ch. 75. In subsection (a)(1), the words “by January 10, 1977” are omitted as executed. The word “maintain” is substituted for “develop, test, and prescribe” for clarity. The text of 49 App.:1611(a) (3d and 4th sentences) is omitted as executed. The words “or data as he deems” and “public or private” are omitted as surplus. In subsection (a)(2), the words “After July 1, 1978” are omitted as executed. The reference to 49 App.:1604 is omitted as obsolete. The words “for such grant”, “or organization”, “each . . . both”, and “prescribed under subsection (a) of this section” are omitted as surplus. In subsection (b)(1), the words “commitments, and reservations” are omitted as surplus. In subsection (b)(2) and (3), the words “uncommitted, and unreserved” are omitted as surplus. In subsection (b)(3) and (5), the words “last day” are substituted for “close” for consistency. In subsection (b)(4), the words “a listing of” are omitted as surplus. In subsection (b)(5), the words “a status report on all” are omitted as surplus. In subsection (b)(6), the words “a status report on”, “a letter of credit or other”, and “already” are omitted as surplus. In subsection (d), before clause (1), the words “the transferability provisions of” are omitted as surplus.
Pub. L. 104287, § 5(18)This amends 49:5335(d)(2)(B) to amend an erroneous cross-reference.
Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 11758, § 30014(1), inserted “geographic service area coverage,” after “operating,” in first sentence. Subsec. (c). Pub. L. 11758, § 30014(2), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “The recipient of a grant under this chapter shall report to the Secretary, for inclusion in the National Transit Database, any information relating to a transit asset inventory or condition assessment conducted by the recipient.” 2012—Subsec. (a). Pub. L. 112141, §§ 20025(a)(1), 20030(j), struck out “of Transportation” after “the Secretary” and substituted “public transportation financial, operating, and asset condition information” for “public transportation financial and operating information”. Subsec. (c). Pub. L. 112141, § 20025(a)(2), added subsec. (c). 2005—Pub. L. 10959, § 3033(a), substituted “National transit database” for “Reports and audits” in section catchline, redesignated pars. (1) and (2) of subsec. (a) as subsecs. (a) and (b), respectively, inserted subsec. (b) heading, substituted “The Secretary may award a grant under section 5307 or 5311” for “The Secretary may make a grant under section 5307 of this title” in subsec. (b), and struck out former subsec. (b) which related to submission of a report in January- 1993, on carrying out former section 5307(b)(5) of this title. Subsec. (a)(1). Pub. L. 10959, § 3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing. 1998—Subsec. (a). Pub. L. 105178, § 3026(a)(1), substituted “National Transit Database” for “Reporting System and Uniform System of Accounts and Records” in heading. Subsec. (a)(1). Pub. L. 105178, § 3026(a)(2), substituted “using uniform categories” for “by uniform categories,” and “and using a uniform system of accounts” for “and a uniform system of accounts and records”. Subsecs. (b) to (d). Pub. L. 105178, § 3026(b), redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c) which related to quarterly reports and biennial needs report, respectively. 1996—Subsec. (b). Pub. L. 104287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions. Subsec. (c). Pub. L. 104316 struck out “and in January of every 2d year after 1993” after “In January 1993” in introductory provisions. Pub. L. 104287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions. Subsec. (d). Pub. L. 104316 struck out “and in January of every 2d year after 1993” after “In January 1993” in introductory provisions. Pub. L. 104287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions. Subsec. (d)(2)(B). Pub. L. 104287, § 5(18), substituted “Americans with Disabilities Act” for “Americans With Disabilities Act”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Data Accuracy and ReliabilityPub. L. 112141, div. B, § 20025(b), July 6, 2012, 126 Stat. 718, provided that: “The Secretary [of Transportation] shall— “(1) develop and implement appropriate internal control activities to ensure that public transportation safety incident data is reported accurately and reliably by public transportation systems and State safety oversight agencies to the State Safety Oversight Rail Accident Database; and “(2) report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives within 1 year of enactment of the Federal Public Transportation Act of 2012 [see section 3(a), (b) of Pub. L. 112141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways] on the steps taken to improve the accuracy and reliability of public transportation safety incident data reported to the State Safety Oversight Rail Accident Database.”
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# 49 U.S.C. § 5339 - Grants for buses and bus facilities
## Text
(a) Formula Grants.— (1) Definitions.— In this subsection—
(A) the term “low or no emission vehicle” has the meaning given that term in subsection (c)(1);
(B) the term “State” means a State of the United States; and
(C) the term “territory” means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.
(2) General authority.— The Secretary may make grants under this subsection to assist eligible recipients described in paragraph (4)(A) in financing capital projects—
(A) to replace, rehabilitate, and purchase buses and related equipment, including technological changes or innovations to modify low or no emission vehicles or facilities; and
(B) to construct bus-related facilities.
(3) Grant requirements.— The requirements of—
(A) section 5307 shall apply to recipients of grants made in urbanized areas under this subsection; and
(B) section 5311 shall apply to recipients of grants made in rural areas under this subsection.
(4) Eligible recipients.— (A) Recipients.— Eligible recipients under this subsection are—
(i) designated recipients that allocate funds to fixed route bus operators; or
(ii) State or local governmental entities that operate fixed route bus service.
(B) Subrecipients.— A recipient that receives a grant under this subsection may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation.
(5) Distribution of grant funds.— Funds allocated under section 5338(a)(2)(L) 11 See References in Text note below. shall be distributed as follows:
(A) National distribution.— $206,000,000 each fiscal year shall be allocated to all States and territories, with each State receiving $4,000,000 for each such fiscal year and each territory receiving $1,000,000 for each such fiscal year.
(B) Distribution using population and service factors.— The remainder of the funds not otherwise distributed under subparagraph (A) shall be allocated pursuant to the formula set forth in section 5336 other than subsection (b).
(6) Transfers of apportionments.— (A) Transfer flexibility for national distribution funds.— The Governor of a State may transfer any part of the States apportionment under paragraph (5)(A) to supplement amounts apportioned to the State under section 5311(c) or amounts apportioned to urbanized areas under subsections (a) and (c) of section 5336.
(B) Transfer flexibility for population and service factors funds.— The Governor of a State may expend in an urbanized area with a population of less than 200,000 any amounts apportioned under paragraph (5)(B) that are not allocated to designated recipients in urbanized areas with a population of 200,000 or more.
(7) Government share of costs.— (A) Capital projects.— A grant for a capital project under this subsection shall be for 80 percent of the net capital costs of the project. A recipient of a grant under this subsection may provide additional local matching amounts.
(B) Remaining costs.— The remainder of the net project cost shall be provided—
(i) in cash from non-Government sources other than revenues from providing public transportation services;
(ii) from revenues derived from the sale of advertising and concessions;
(iii) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;
(iv) from amounts received under a service agreement with a State or local social service agency or private social service organization; or
(v) from revenues generated from value capture financing mechanisms.
(8) Period of availability to recipients.— Amounts made available under this subsection may be obligated by a recipient for 3 fiscal years after the fiscal year in which the amount is apportioned. Not later than 30 days after the end of the 3-fiscal-year period described in the preceding sentence, any amount that is not obligated on the last day of such period shall be added to the amount that may be apportioned under this subsection in the next fiscal year.
(9) Pilot program for cost-effective capital investment.— (A) In general.— For each of fiscal years 2016 through 2020, the Secretary shall carry out a pilot program under which an eligible recipient (as described in paragraph (4)) in an urbanized area with population of not less than 200,000 and not more than 999,999 may elect to participate in a State pool in accordance with this paragraph.
(B) Purpose of state pools.— The purpose of a State pool shall be to allow for transfers of formula grant funds made available under this subsection among the designated recipients participating in the State pool in a manner that supports the transit asset management plans of the designated recipients under section 5326.
(C) Requests for participation.— A State, and eligible recipients in the State described in subparagraph (A), may submit to the Secretary a request for participation in the program under procedures to be established by the Secretary. An eligible recipient for a multistate area may participate in only 1 State pool.
(D) Allocations to participating states.— For each fiscal year, the Secretary shall allocate to each State participating in the program the total amount of funds that otherwise would be allocated to the urbanized areas of the eligible recipients participating in the States pool for that fiscal year pursuant to the formulas referred to in paragraph (5).
(E) Allocations to eligible recipients in state pools.— A State shall distribute the amount that is allocated to the State for a fiscal year under subparagraph (D) among the eligible recipients participating in the States pool in a manner that supports the transit asset management plans of the recipients under section 5326.
(F) Allocation plans.— A State participating in the program shall develop an allocation plan for the period of fiscal years 2016 through 2020 to ensure that an eligible recipient participating in the States pool receives under the program an amount of funds that equals the amount of funds that would have otherwise been available to the eligible recipient for that period pursuant to the formulas referred to in paragraph (5).
(G) Grants.— The Secretary shall make grants under this subsection for a fiscal year to an eligible recipient participating in a State pool following notification by the State of the allocation amount determined under subparagraph (E).
(10) Maximizing use of funds.— (A) In general.— Eligible recipients and subrecipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 11494).
(B) Written explanation.— If an eligible recipient or subrecipient under this subsection purchases less than 5 buses through a standalone procurement, the eligible recipient or subrecipient shall provide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 11494) were not utilized.
(b) Buses and Bus Facilities Competitive Grants.— (1) In general.— The Secretary may make grants under this subsection to eligible recipients (as described in subsection (a)(4)) to assist in the financing of buses and bus facilities capital projects, including—
(A) replacing, rehabilitating, purchasing, or leasing buses or related equipment; and
(B) rehabilitating, purchasing, constructing, or leasing bus-related facilities.
(2) Grant considerations.— In making grants under this subsection, the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities.
(3) Statewide applications.— A State may submit a statewide application on behalf of a public agency or private nonprofit organization engaged in public transportation in rural areas or other areas for which the State allocates funds. The submission of a statewide application shall not preclude the submission and consideration of any application under this subsection from other eligible recipients (as described in subsection (a)(4)) in an urbanized area in a State.
(4) Requirements for the secretary.— The Secretary shall—
(A) disclose all metrics and evaluation procedures to be used in considering grant applications under this subsection upon issuance of the notice of funding availability in the Federal Register; and
(B) publish a summary of final scores for selected projects, metrics, and other evaluations used in awarding grants under this subsection in the Federal Register.
(5) Rural projects.— (A) In general.— Subject to subparagraph (B), not less than 15 percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas.
(B) Unutilized amounts.— The Secretary may use less than 15 percent of the amounts made available under this subsection in a fiscal year for the projects described in subparagraph (A) if the Secretary cannot meet the requirement of that subparagraph due to insufficient eligible applications.
(6) Grant requirements.— (A) In general.— A grant under this subsection shall be subject to the requirements of—
(i) section 5307 for eligible recipients of grants made in urbanized areas; and
(ii) section 5311 for eligible recipients of grants made in rural areas.
(B) Government share of costs.— The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent.
(7) Availability of funds.— Any amounts made available to carry out this subsection—
(A) shall remain available for 3 fiscal years after the fiscal year for which the amount is made available; and
(B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year.
(8) Limitation.— Of the amounts made available under this subsection, not more than 10 percent may be awarded to a single grantee.
(9) Competitive process.— The Secretary shall—
(A) not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and
(B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
(i) 75 days after the date on which the solicitation expires; or
(ii) the end of the fiscal year in which the Secretary solicited the grant applications.
(10) Continued use of partnerships.— (A) In general.— An eligible recipient of a grant under this subsection may submit an application in partnership with other entities, including a transit vehicle manufacturer that intends to participate in the implementation of a project under this subsection and subsection (c).
(B) Competitive procurement.— Projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section 5325.
(11) Maximizing use of funds.— (A) In general.— Eligible recipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 11494).
(B) Written explanation.— If an eligible recipient under this subsection purchases less than 5 buses through a standalone procurement, the eligible recipient shall provide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 11494) were not utilized.
(c) Low or No Emission Grants.— (1) 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 “eligible project” means a project or program of projects in an eligible area for—
(i) acquiring low or no emission vehicles;
(ii) leasing low or no emission vehicles;
(iii) acquiring low or no emission vehicles with a leased power source;
(iv) constructing facilities and related equipment for low or no emission vehicles;
(v) leasing facilities and related equipment for low or no emission vehicles;
(vi) constructing new public transportation facilities to accommodate low or no emission vehicles; or
(vii) rehabilitating or improving existing public transportation facilities to accommodate low or no emission vehicles;
(C) the term “leased power source” means a removable power source, as defined in subsection (c)(3) of section 3019 of the Federal Public Transportation Act of 2015 that is made available through a capital lease under such section;
(D) the term “low or no emission bus” means a bus that is a low or no emission vehicle;
(E) 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, including direct carbon emissions, when compared to a comparable standard vehicle; or
(ii) a zero emission vehicle used to provide public transportation;
(F) the term “recipient” means a designated recipient, a local governmental authority, or a State that receives a grant under this subsection for an eligible project; and
(G) the term “zero emission vehicle” means a low or no emission vehicle that produces no carbon or particulate matter.
(2) General authority.— The Secretary may make grants to recipients to finance eligible projects under this subsection.
(3) Grant requirements.— (A) In general.— A grant under this subsection shall be subject to—
(i) with respect to eligible recipients in urbanized areas, section 5307; and
(ii) with respect to eligible recipients in rural areas, section 5311.
(B) Government share of costs for certain projects.— Section 5323(i) applies to eligible projects carried out under this subsection, unless the recipient requests a lower grant percentage.
(C) Combination of funding sources.— (i) Combination permitted.— An eligible project carried out under this subsection may receive funding under section 5307 or any other provision of law.
(ii) Government share.— Nothing in this subparagraph shall be construed to alter the Government share required under paragraph (7), section 5307, or any other provision of law.
(D) Fleet transition plan.— In awarding grants under this subsection or under subsection (b) for projects related to zero emission vehicles, the Secretary shall require the applicant to submit a zero emission transition plan, which, at a minimum—
(i) demonstrates a long-term fleet management plan with a strategy for how the applicant intends to use the current application and future acquisitions;
(ii) addresses the availability of current and future resources to meet costs;
(iii) considers policy and legislation impacting technologies;
(iv) includes an evaluation of existing and future facilities and their relationship to the technology transition;
(v) describes the partnership of the applicant with the utility or alternative fuel provider of the applicant; and
(vi) examines the impact of the transition on the applicants current workforce by identifying skill gaps, training needs, and retraining needs of the existing workers of the applicant to operate and maintain zero emission vehicles and related infrastructure and avoids the displacement of the existing workforce.
(4) Competitive process.— The Secretary shall—
(A) not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and
(B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
(i) 75 days after the date on which the solicitation expires; or
(ii) the end of the fiscal year in which the Secretary solicited the grant applications.
(5) Consideration.— In awarding grants under this subsection, the Secretary—
(A) shall consider eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities that make greater reductions in energy consumption and harmful emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses; and
(B) shall, for no less than 25 percent of the funds made available to carry out this subsection, only consider eligible projects related to the acquisition of low or no emission buses or bus facilities other than zero emission vehicles and related facilities.
(6) Availability of funds.— Any amounts made available to carry out this subsection—
(A) shall remain available to an eligible project for 3 fiscal years after the fiscal year for which the amount is made available; and
(B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year.
(7) Government share of costs.— (A) In general.— The Federal share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent.
(B) Non-federal share.— The non-Federal share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions.
(8) Continued use of partnerships.— (A) In general.— A recipient of a grant under this subsection may submit an application in partnership with other entities, including a transit vehicle manufacturer, that intends to participate in the implementation of an eligible project under this subsection.
(B) Competitive procurement.— Eligible projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section 5325.
(d) Workforce Development Training Activities.— 5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) shall be used by recipients to fund workforce development training, as described in section 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipients plan to address the impact of the transition to zero emission vehicles on the applicants current workforce under subsection (c)(3)(D), unless the recipient certifies a smaller percentage is necessary to carry out that plan.
(Added Pub. L. 1087, div. I, title III, § 356, Feb. 20, 2003, 117 Stat. 421; amended Pub. L. 10959, title III, § 3037(a), Aug. 10, 2005, 119 Stat. 1635; Pub. L. 112141, div. B, § 20029(a), July 6, 2012, 126 Stat. 729; Pub. L. 113159, title I, § 1204, Aug. 8, 2014, 128 Stat. 1847; Pub. L. 11421, title I, § 1204, May 29, 2015, 129 Stat. 225; Pub. L. 11441, title I, § 1204, July 31, 2015, 129 Stat. 452; Pub. L. 11473, title I, § 1204, Oct. 29, 2015, 129 Stat. 575; Pub. L. 11487, title I, § 1204, Nov. 20, 2015, 129 Stat. 684; Pub. L. 11494, div. A, title III, § 3017(a), Dec. 4, 2015, 129 Stat. 1482; Pub. L. 11758, div. C, § 30018, Nov. 15, 2021, 135 Stat. 915.)
## Notes
Editorial Notes
References in TextSection 5338, referred to in subsec. (a)(5), was amended generally by Pub. L. 11758, div. C, § 30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338(a)(2)(L) no longer relates to allocations of funds to carry out subsec. (a) of this section, but such provision can be found elsewhere in section 5338. Section 3019 of the Federal Public Transportation Act of 2015, referred to in subsec. (c)(1)(C), is section 3019 of Pub. L. 11494, which is set out as a note under section 5325 of this title.
Amendments2021—Subsec. (a)(5)(A). Pub. L. 11758, § 30018(1)(A), substituted “$206,000,000 each fiscal year” for “$90,500,000 for each of fiscal years 2016 through 2020”, “$4,000,000” for “$1,750,000”, and “$1,000,000” for “$500,000”. Subsec. (a)(10). Pub. L. 11758, § 30018(1)(B), added par. (10). Subsec. (b)(5). Pub. L. 11758, § 30018(2)(A), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “Not less than 10 percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas.” Subsec. (b)(9) to (11). Pub. L. 11758, § 30018(2)(B), added pars. (9) to (11). Subsec. (c)(3)(A). Pub. L. 11758, § 30018(3)(A)(i), amended subpar. (A) generally. Prior to amendment, text read as follows: “A grant under this subsection shall be subject to the requirements of section 5307.” Subsec. (c)(3)(D). Pub. L. 11758, § 30018(3)(A)(ii), added subpar. (D). Subsec. (c)(5). Pub. L. 11758, § 30018(3)(B), added par. (5) and struck out former par. (5), which required the Secretary to consider only certain eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities. Subsec. (c)(8). Pub. L. 11758, § 30018(3)(C), added par. (8). Subsec. (d). Pub. L. 11758, § 30018(4), added subsec. (d). 2015—Pub. L. 11494 amended section generally, substituting provisions relating to grants for buses and bus facilities for provisions relating to bus and bus facilities formula grants. Subsec. (d)(1). Pub. L. 11487 substituted “and $11,632,514 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $9,127,049 for the period beginning on October 1, 2015, and ending on November 20, 2015,”, “$221,994 for such period” for “$174,180 for such period”, and “$88,798 for such period” for “$69,672 for such period”. Pub. L. 11473 substituted “and $9,127,049 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $5,189,891 for the period beginning on October 1, 2015, and ending on October 29, 2015,”, “$174,180 for such period” for “$99,044 for such period”, and “$69,672 for such period” for “$39,617 for such period”. Pub. L. 11441 substituted “each of fiscal years 2013 through 2015 and $5,189,891 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “each of fiscal years 2013 and 2014 and $54,553,425 for the period beginning on October 1, 2014, and ending on July 31, 2015,”, “$99,044 for such period” for “$1,041,096 for such period”, and “$39,617 for such period” for “$416,438 for such period”. Pub. L. 11421 substituted “and $54,553,425 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $43,606,849 for the period beginning on October 1, 2014, and ending on May 31, 2015,”, “$1,041,096 for such period” for “$832,192 for such period”, and “$416,438 for such period” for “$332,877 for such period”. 2014—Subsec. (d)(1). Pub. L. 113159 inserted “for each of fiscal years 2013 and 2014 and $43,606,849 for the period beginning on October 1, 2014, and ending on May 31, 2015,” after “$65,500,000”, “for each such fiscal year and $832,192 for such period” after “$1,250,000”, and “for each such fiscal year and $332,877 for such period” after “$500,000”. 2012—Pub. L. 112141 amended section generally. Prior to amendment, section related to alternatives analysis program. 2005—Pub. L. 10959 inserted section catchline and amended text generally. Prior to amendment, text read as follows: “Effective for funds not yet expended on the effective date of this section, the Federal share for funds under this chapter for a grantee named in section 603(14) of Public Law 97468 shall be the same as the Federal share under 23 U.S.C. section 120(b) for Federal aid highway funds apportioned to the State in which it operates.”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 AmendmentAmendment by Pub. L. 112141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
@@ -0,0 +1,77 @@
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title: "49 U.S.C. § 5340"
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citation: "49 U.S.C. § 5340"
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---
# 49 U.S.C. § 5340 - Apportionments based on growing States and high density States formula factors
## Text
(a) Definition.— In this section, the term “State” shall mean each of the 50 States of the United States.
(b) Allocation.— The Secretary shall apportion the amounts made available under section 5338(b)(2)(N) 11 So in original. Probably should have been “section 5338(a)(2)(N)” in original. See References in Text note below. in accordance with subsection (c) and subsection (d).
(c) Growing State Apportionments.— (1) Apportionment among states.— The amounts apportioned under subsection (b)(1) shall provide each State with an amount equal to the total amount apportioned multiplied by a ratio equal to the population of that State forecast for the year that is 15 years after the most recent decennial census, divided by the total population of all States forecast for the year that is 15 years after the most recent decennial census. Such forecast shall be based on the population trend for each State between the most recent decennial census and the most recent estimate of population made by the Secretary of Commerce.
(2) Apportionments between urbanized areas and other than urbanized areas in each state.— (A) In general.— The Secretary shall apportion amounts to each State under paragraph (1) so that urbanized areas in that State receive an amount equal to the amount apportioned to that State multiplied by a ratio equal to the sum of the forecast population of all urbanized areas in that State divided by the total forecast population of that State. In making the apportionment under this subparagraph, the Secretary shall utilize any available forecasts made by the State. If no forecasts are available, the Secretary shall utilize data on urbanized areas and total population from the most recent decennial census.
(B) Remaining amounts.— Amounts remaining for each State after apportionment under subparagraph (A) shall be apportioned to that State and added to the amount made available for grants under section 5311.
(3) Apportionments among urbanized areas in each state.— The Secretary shall apportion amounts made available to urbanized areas in each State under paragraph (2)(A) so that each urbanized area receives an amount equal to the amount apportioned under paragraph (2)(A) multiplied by a ratio equal to the population of each urbanized area divided by the sum of populations of all urbanized areas in the State. Amounts apportioned to each urbanized area shall be added to amounts apportioned to that urbanized area under section 5336, and made available for grants under section 5307.
(d) High Density State Apportionments.— Amounts to be apportioned under subsection (b)(2) shall be apportioned as follows:
(1) Eligible states.— The Secretary shall designate as eligible for an apportionment under this subsection all States with a population density in excess of 370 persons per square mile.
(2) State urbanized land factor.— For each State qualifying for an apportionment under paragraph (1), the Secretary shall calculate an amount equal to—
(A) the total land area of the State (in square miles); multiplied by
(B) 370; multiplied by
(C) (i) the population of the State in urbanized areas; divided by
(ii) the total population of the State.
(3) State apportionment factor.— For each State qualifying for an apportionment under paragraph (1), the Secretary shall calculate an amount equal to the difference between the total population of the State less the amount calculated in paragraph (2).
(4) State apportionment.— Each State qualifying for an apportionment under paragraph (1) shall receive an amount equal to the amount to be apportioned under this subsection multiplied by the amount calculated for the State under paragraph (3) divided by the sum of the amounts calculated under paragraph (3) for all States qualifying for an apportionment under paragraph (1).
(5) Apportionments among urbanized areas in each state.— The Secretary shall apportion amounts made available to each State under paragraph (4) so that each urbanized area receives an amount equal to the amount apportioned under paragraph (4) multiplied by a ratio equal to the population of each urbanized area divided by the sum of populations of all urbanized areas in the State. Amounts apportioned to each urbanized area shall be added to amounts apportioned to that urbanized area under section 5336, and made available for grants under section 5307.
(Added Pub. L. 10959, title III, § 3038(a), Aug. 10, 2005, 119 Stat. 1636; amended Pub. L. 11494, div. A, title III, § 3030(f), Dec. 4, 2015, 129 Stat. 1497.)
## Notes
Editorial Notes
References in TextSection 5338, referred to in subsec. (b), was amended generally by Pub. L. 11758, div. C, § 30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338(a)(2)(N), which was probably intended instead of the reference in the original to “section 5338(b)(2)(N)”, no longer relates to allocations of funds to carry out this section, but such provision can be found elsewhere in section 5338.
Amendments2015—Subsec. (b). Pub. L. 11494 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion— “(1) 50 percent to States and urbanized areas in accordance with subsection (c); and “(2) 50 percent to States and urbanized areas in accordance with subsection (d).”
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11494 effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as a note under section 5313 of Title 5, Government Organization and Employees.