US Codex
U.S.C.
Notes

§5102. Definitions — Inbound Citations

49 U.S.C. § 5102

Cited by 1597 provisions in release 119-102.

Citations to 49 U.S.C. § 5102 as a whole

Citations to §5102(1)

Citations to §5102(2)

Citations to §5102(3)

Citations to §5102(5)

Citations to §5102(8)

  • 49 U.S.C. § 5115(a)
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    (a) In coordination with the Administrator of the Federal Emergency Management Agency, the Chairman of the Nuclear Regulatory Commission, the Administrator of the Environmental Protection Agency, the Secretaries of Labor, Energy, and Health and Human Services, and the Director of the National Institute of Environmental Health Sciences, and using existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall maintain, and update periodically, a current curriculum of courses, including online curriculum as appropriate, necessary to train public sector emergency response and preparedness teams in matters relating to the transportation of hazardous material. Only in developing the curriculum, the Secretary of Transportation shall consult with regional response teams established under the national contingency plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), representatives of commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001), persons (including governmental entities) that provide training for responding to accidents and incidents involving the transportation of hazardous material, and representatives of persons that respond to those accidents and incidents.
  • 49 U.S.C. § 5115(d)
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    (d) With the National Response Team—
    (1) the Secretary shall distribute the curriculum and any updates to the curriculum to the regional response teams and all committees and commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001); and
    (2) the Secretary may publish and distribute a list of programs and courses maintained and updated under this section and of any programs utilizing such courses.
  • 49 U.S.C. § 5116(e)
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    (e) In coordination with the Secretaries of Transportation and Energy, Administrator of the Environmental Protection Agency, and Director of the National Institute of Environmental Health Sciences, the Administrator of the Federal Emergency Management Agency shall monitor public sector emergency response planning and training for an accident or incident involving hazardous material. Considering the results of the monitoring, the Secretaries, Administrators, and Director each shall provide technical assistance to a State, political subdivision of a State, or Indian tribe for carrying out emergency response training and planning for an accident or incident involving hazardous material and shall coordinate the assistance using the existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee.

Citations to §5102(11)

  • 49 U.S.C. § 5103(a)
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    (a) The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property.
  • 49 U.S.C. § 5103(b)(1)
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    (1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations—
    (A) apply to a person who—
    (i) transports hazardous material in commerce;
    (ii) causes hazardous material to be transported in commerce;
    (iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
    (iv) prepares or accepts hazardous material for transportation in commerce;
    (v) is responsible for the safety of transporting hazardous material in commerce;
    (vi) certifies compliance with any requirement under this chapter; or
    (vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and
    (B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
  • 49 U.S.C. § 5103(b)(1)(B)
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    (B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
  • 49 U.S.C. § 5103(c)(1)
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    (1) The Secretary may by order waive compliance with any part of an applicable standard prescribed under this chapter without prior notice and comment and on terms the Secretary considers appropriate if the Secretary determines that—
    (A) it is in the public interest to grant the waiver;
    (B) the waiver is not inconsistent with the safety of transporting hazardous materials; and
    (C) the waiver is necessary to facilitate the safe movement of hazardous materials into, from, and within an area of a major disaster or emergency that has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
  • 49 U.S.C. § 5103(c)(2)
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    (2) A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this chapter.
  • 49 U.S.C. § 5103(c)(3)
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    (3) The Secretary shall include in any order issued under this section the reasons for granting the waiver.
  • 49 U.S.C. § 5103(d)
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    (d) When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary of Transportation.
  • 49 U.S.C. § 5103(e)
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    (e) The Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation a biennial report providing information on whether the Secretary has designated as hazardous materials for purposes of chapter 51 of such title all by-products of the methamphetamine-production process that are known by the Secretary to pose an unreasonable risk to health and safety or property when transported in commerce in a particular amount and form.
  • 49 U.S.C. § 5103a(a)(1)(A)
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    (A) “the Secretary of Homeland Security”;1 has first determined, upon receipt of a notification under subsection (d)(1)(B), that the individual does not pose a security risk warranting denial of the license; or
  • 49 U.S.C. § 5103a(b)
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    (b) The limitation in subsection (a) shall apply with respect to any material defined as hazardous material by the Secretary of Transportation for which the Secretary of Transportation requires placarding of a commercial motor vehicle transporting that material in commerce.
  • 49 U.S.C. § 5103a(c)
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    (c) The Secretary of Health and Human Services shall recommend to the Secretary of Transportation any chemical or biological material or agent for regulation as a hazardous material under section 5103(a) if the Secretary of Health and Human Services determines that such material or agent poses a significant risk to the health of individuals.
  • 49 U.S.C. § 5103a(d)(1)(B)
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    (B) upon completing the background records check, shall notify the Secretary of Homeland Security of the completion and results of the background records check.
  • 49 U.S.C. § 5103a(e)
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    (e) Each State shall submit to the Secretary of Homeland Security, at such time and in such manner as the Secretary of Homeland Security may prescribe, the name, address, and such other information as the Secretary of Homeland Security may require, concerning—
    (1) each alien to whom the State issues a license described in subsection (a); and
    (2) each other individual to whom such a license is issued, as the Secretary of Homeland Security may require.
  • 49 U.S.C. § 5103a(e)(2)
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    (2) each other individual to whom such a license is issued, as the Secretary of Homeland Security may require.
  • 49 U.S.C. § 5103a(g)(5)(B)(i)
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    (i) include a list of background checks and other security or threat assessment requirements applicable to transportation workers under Federal laws for which the Department of Homeland Security is responsible and the process by which the Secretary of Homeland Security will determine whether such checks or assessments are equivalent to, or less stringent than, the background check performed under this section; and
  • 49 U.S.C. § 5105(b)
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    (b) In consultation with the Secretary of Energy, the Nuclear Regulatory Commission, potentially affected States and Indian tribes, representatives of the rail transportation industry, and shippers of high-level radioactive waste and spent nuclear fuel, the Secretary shall conduct a study comparing the safety of using trains operated only to transport high-level radioactive waste and spent nuclear fuel with the safety of using other methods of rail transportation for transporting that waste and fuel. The Secretary shall submit to Congress not later than November 16, 1991, a report on the results of the study.
  • 49 U.S.C. § 5105(c)
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    (c) Not later than November 16, 1992, after considering the results of the study conducted under subsection (b) of this section, the Secretary shall prescribe amendments to existing regulations that the Secretary considers appropriate to provide for the safe rail transportation of high-level radioactive waste and spent nuclear fuel, including trains operated only for transporting high-level radioactive waste and spent nuclear fuel.
  • 49 U.S.C. § 5105(d)(1)
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    (1) Not later than November 16, 1991, the Secretary shall require by regulation that before each use of a motor vehicle to transport a highway-route-controlled quantity of radioactive material in commerce, the vehicle shall be inspected and certified as complying with this chapter and applicable United States motor carrier safety laws and regulations. The Secretary may require that the inspection be carried out by an authorized United States Government inspector or according to appropriate State procedures.
  • 49 U.S.C. § 5105(d)(2)
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    (2) The Secretary may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply to an individual conducting an inspection under this paragraph.
  • 49 U.S.C. § 5106
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    The Secretary may prescribe criteria for handling hazardous material, including—
  • 49 U.S.C. § 5107(a)
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    (a) The Secretary shall prescribe by regulation requirements for training that a hazmat employer must give hazmat employees of the employer on the safe loading, unloading, handling, storing, and transporting of hazardous material and emergency preparedness for responding to an accident or incident involving the transportation of hazardous material. The regulations—
    (1) shall establish the date, as provided by subsection (b) of this section, by which the training shall be completed; and
    (2) may provide for different training for different classes or categories of hazardous material and hazmat employees.
  • 49 U.S.C. § 5107(b)
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    (b) A hazmat employer shall begin the training of hazmat employees of the employer not later than 6 months after the Secretary prescribes the regulations under subsection (a) of this section. The training shall be completed within a reasonable period of time after—
    (1) 6 months after the regulations are prescribed; or
    (2) the date on which an individual is to begin carrying out a duty or power of a hazmat employee if the individual is employed as a hazmat employee after the 6-month period.
  • 49 U.S.C. § 5107(c)
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    (c) After completing the training, each hazmat employer shall certify, with documentation the Secretary may require by regulation, that the hazmat employees of the employer have received training and have been tested on appropriate transportation areas of responsibility, including at least one of the following:
    (1) recognizing and understanding the Department of Transportation hazardous material classification system.
    (2) the use and limitations of the Department hazardous material placarding, labeling, and marking systems.
    (3) general handling procedures, loading and unloading techniques, and strategies to reduce the probability of release or damage during or incidental to transporting hazardous material.
    (4) health, safety, and risk factors associated with hazardous material and the transportation of hazardous material.
    (5) appropriate emergency response and communication procedures for dealing with an accident or incident involving hazardous material transportation.
    (6) the use of the Department Emergency Response Guidebook and recognition of its limitations or the use of equivalent documents and recognition of the limitations of those documents.
    (7) applicable hazardous material transportation regulations.
    (8) personal protection techniques.
    (9) preparing a shipping document for transporting hazardous material.
  • 49 U.S.C. § 5107(d)
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    (d) In consultation with the Administrator of the Environmental Protection Agency and the Secretary of Labor, the Secretary shall ensure that the training requirements prescribed under this section do not conflict with or duplicate—
    (1) the requirements of regulations the Secretary of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency response that are contained in part 1910 of title 29, Code of Federal Regulations; and
    (2) the regulations the Agency prescribes related to worker protection standards for hazardous waste operations that are contained in part 311 of title 40, Code of Federal Regulations.
  • 49 U.S.C. § 5107(d)(1)
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    (1) the requirements of regulations the Secretary of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency response that are contained in part 1910 of title 29, Code of Federal Regulations; and
  • 49 U.S.C. § 5107(e)(1)
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    (1) Subject to the availability of funds under section 5128(c), the Secretary shall make grants under this subsection—
    (A) for training instructors to train hazmat employees; and
    (B) to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees.
  • 49 U.S.C. § 5107(e)(1)(B)
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    (B) to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees.
  • 49 U.S.C. § 5107(f)
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    (f) The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness and familiarization training and safety training pursuant to section 172.704 of title 49, Code of Federal Regulations.
  • 49 U.S.C. § 5107(g)(1)
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    (1) Chapter 35 of title 44 does not apply to an activity of the Secretary under subsections (a)–(d) of this section.
  • 49 U.S.C. § 5107(g)(2)
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    (2) An action of the Secretary under subsections (a)–(d) of this section and section 5106 is not an exercise, under section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.
  • 49 U.S.C. § 5107(i)
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    (i) The Secretary shall establish a competitive program for making grants to nonprofit organizations for—
    (1) conducting national outreach and training programs to assist communities in preparing for and responding to accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail; and
    (2) training State and local personnel responsible for enforcing the safe transportation of hazardous materials, including Class 3 flammable liquids.
  • 49 U.S.C. § 5108(a)(1)
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    (1) A person shall file a registration statement with the Secretary under this subsection if the person is transporting or causing to be transported in commerce any of the following:
    (A) a highway-route-controlled quantity of radioactive material.
    (B) more than 25 kilograms of a Division 1.1, 1.2, or 1.3 explosive material in a motor vehicle, rail car, or transport container.
    (C) more than one liter in each package of a hazardous material the Secretary designates as extremely toxic by inhalation.
    (D) hazardous material in a bulk packaging, container, or tank, as defined by the Secretary, if the bulk packaging, container, or tank has a capacity of at least 3,500 gallons or more than 468 cubic feet.
    (E) a shipment of at least 5,000 pounds (except in a bulk packaging) of a class of hazardous material for which placarding of a vehicle, rail car, or freight container is required under regulations prescribed under this chapter.
  • 49 U.S.C. § 5108(a)(1)(C)
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    (C) more than one liter in each package of a hazardous material the Secretary designates as extremely toxic by inhalation.
  • 49 U.S.C. § 5108(a)(1)(D)
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    (D) hazardous material in a bulk packaging, container, or tank, as defined by the Secretary, if the bulk packaging, container, or tank has a capacity of at least 3,500 gallons or more than 468 cubic feet.
  • 49 U.S.C. § 5108(a)(2)
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    (2) The Secretary may require any of the following persons to file a registration statement with the Secretary under this subsection:
    (A) a person transporting or causing to be transported hazardous material in commerce and not required to file a registration statement under paragraph (1) of this subsection.
    (B) a person designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
  • 49 U.S.C. § 5108(a)(4)
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    (4) The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.
  • 49 U.S.C. § 5108(b)(1)
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    (1) A registration statement under subsection (a) of this section shall be in the form and contain information the Secretary requires by regulation. The Secretary may use existing forms of the Department of Transportation and the Environmental Protection Agency to carry out this subsection. The statement shall include—
    (A) the name and principal place of business of the registrant;
    (B) a description of each activity the registrant carries out for which filing a statement under subsection (a) of this section is required; and
    (C) each State in which the person carries out any of the activities.
  • 49 U.S.C. § 5108(c)
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    (c) Each person required to file a registration statement under subsection (a) shall file the statement in accordance with regulations prescribed by the Secretary.
  • 49 U.S.C. § 5108(d)
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    (d) The Secretary may take necessary action to simplify the registration process under subsections (a)–(c) of this section and to minimize the number of applications, documents, and other information a person is required to file under this chapter and other laws of the United States.
  • 49 U.S.C. § 5108(e)
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    (e) The Administrator of the Environmental Protection Agency shall assist the Secretary in carrying out subsections (a)–(g)(1) and (h) of this section by providing the Secretary with information the Secretary requests to carry out the objectives of subsections (a)–(g)(1) and (h).
  • 49 U.S.C. § 5108(f)
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    (f) The Secretary shall make a registration statement filed under subsection (a) of this section available for inspection by any person for a fee the Secretary establishes. However, this subsection does not require the release of information described in section 552(b) of title 5 or otherwise protected by law from disclosure to the public.
  • 49 U.S.C. § 5108(g)(1)
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    (1) The Secretary shall establish, impose, and collect from a person required to file a registration statement under subsection (a) of this section a fee necessary to pay for the costs of the Secretary in processing the statement.
  • 49 U.S.C. § 5108(g)(2)(A)
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    (A) In addition to a fee established under paragraph (1) of this subsection, the Secretary shall establish and impose by regulation and collect an annual fee. Subject to subparagraph (B) of this paragraph, the fee shall be at least $250 but not more than $3,000 from each person required to file a registration statement under this section. The Secretary shall determine the amount of the fee under this paragraph on at least one of the following:
    (i) gross revenue from transporting hazardous material.
    (ii) the type of hazardous material transported or caused to be transported.
    (iii) the amount of hazardous material transported or caused to be transported.
    (iv) the number of shipments of hazardous material.
    (v) the number of activities that the person carries out for which filing a registration statement is required under this section.
    (vi) the threat to property, individuals, and the environment from an accident or incident involving the hazardous material transported or caused to be transported.
    (vii) the percentage of gross revenue derived from transporting hazardous material.
    (viii) the amount to be made available to carry out sections 5108(g)(2), 5115, and 5116 of this title.
    (ix) other factors the Secretary considers appropriate.
  • 49 U.S.C. § 5108(g)(2)(A)(ix)
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    (ix) other factors the Secretary considers appropriate.
  • 49 U.S.C. § 5108(g)(2)(B)
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    (B) The Secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under section 5116(h) of this title. However, the Secretary is not required to refund any fee collected under this paragraph.
  • 49 U.S.C. § 5108(g)(2)(C)
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    (C) The Secretary shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the Hazardous Materials Emergency Preparedness Fund established under section 5116(h) of this title.
  • 49 U.S.C. § 5108(g)(3)
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    (3) Notwithstanding subsection (a)(4), the Secretary shall impose and collect a fee of $25 from a person who is required to register under this section but who is otherwise exempted by the Secretary from paying any fee under this section. The fee shall be used to pay the costs incurred by the Secretary in processing registration statements filed by such persons.
  • 49 U.S.C. § 5108(h)
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    (h) The Secretary may prescribe regulations requiring a person required to file a registration statement under subsection (a) of this section to maintain proof of the filing and payment of fees imposed under subsection (g) of this section.
  • 49 U.S.C. § 5108(i)(1)
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    (1) Chapter 35 of title 44 does not apply to an activity of the Secretary under subsections (a)–(g)(1) and (h) of this section.
  • 49 U.S.C. § 5109(a)
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    (a) A motor carrier may transport or cause to be transported by motor vehicle in commerce hazardous material only if the carrier holds a safety permit the Secretary issues under this section authorizing the transportation and keeps a copy of the permit, or other proof of its existence, in the vehicle. The Secretary shall issue a permit if the Secretary finds the carrier is fit, willing, and able—
    (1) to provide the transportation to be authorized by the permit;
    (2) to comply with this chapter and regulations the Secretary prescribes to carry out this chapter; and
    (3) to comply with applicable United States motor carrier safety laws and regulations and applicable minimum financial responsibility laws and regulations.
  • 49 U.S.C. § 5109(a)(2)
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    (2) to comply with this chapter and regulations the Secretary prescribes to carry out this chapter; and
  • 49 U.S.C. § 5109(b)
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    (b) The Secretary shall prescribe by regulation the hazardous material and amounts of hazardous material to which this section applies. However, this section shall apply at least to transportation by a motor carrier, in amounts the Secretary establishes, of—
    (1) a class A or B explosive;
    (2) liquefied natural gas;
    (3) hazardous material the Secretary designates as extremely toxic by inhalation; and
    (4) a highway-route-controlled quantity of radioactive material, as defined by the Secretary.
  • 49 U.S.C. § 5109(b)(3)
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    (3) hazardous material the Secretary designates as extremely toxic by inhalation; and
  • 49 U.S.C. § 5109(b)(4)
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    (4) a highway-route-controlled quantity of radioactive material, as defined by the Secretary.
  • 49 U.S.C. § 5109(c)
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    (c) A motor carrier shall file an application with the Secretary for a safety permit to provide transportation under this section. The Secretary may approve any part of the application or deny the application. The application shall be under oath and contain information the Secretary requires by regulation.
  • 49 U.S.C. § 5109(d)(1)
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    (1) After notice and an opportunity for a hearing, the Secretary may amend, suspend, or revoke a safety permit, as provided by procedures prescribed under subsection (e) of this section, when the Secretary decides the motor carrier is not complying with a requirement of this chapter, a regulation prescribed under this chapter, or an applicable United States motor carrier safety law or regulation or minimum financial responsibility law or regulation.
  • 49 U.S.C. § 5109(d)(2)
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    (2) If the Secretary decides an imminent hazard exists, the Secretary may amend, suspend, or revoke a permit before scheduling a hearing.
  • 49 U.S.C. § 5109(e)
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    (e) The Secretary shall prescribe by regulation—
    (1) application procedures, including form, content, and fees necessary to recover the complete cost of carrying out this section;
    (2) standards for deciding the duration, terms, and limitations of a safety permit;
    (3) procedures to amend, suspend, or revoke a permit; and
    (4) other procedures the Secretary considers appropriate to carry out this section.
  • 49 U.S.C. § 5109(e)(4)
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    (4) other procedures the Secretary considers appropriate to carry out this section.
  • 49 U.S.C. § 5109(g)
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    (g) A motor carrier may provide transportation under a safety permit issued under this section only if the carrier complies with conditions the Secretary finds are required to protect public safety.
  • 49 U.S.C. § 5109(h)
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    (h) The Secretary may not deny a non-temporary permit held by a motor carrier pursuant to this section based on a comprehensive review of that carrier triggered by safety management system scores or out-of-service disqualification standards, unless—
    (1) the carrier has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the carrier wishes the Secretary to consider, including a corrective action plan; and
    (2) the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review.
  • 49 U.S.C. § 5109(h)(1)
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    (1) the carrier has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the carrier wishes the Secretary to consider, including a corrective action plan; and
  • 49 U.S.C. § 5109(h)(2)
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    (2) the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review.
  • 49 U.S.C. § 5110(a)
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    (a) Each person offering for transportation in commerce hazardous material to which the shipping paper requirements of the Secretary apply shall provide to the carrier providing the transportation a shipping paper that makes the disclosures the Secretary prescribes in regulations.
  • 49 U.S.C. § 5110(b)(2)
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    (2) Except as provided in paragraph (1) of this subsection, the shipping paper shall be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft, or facility until—
    (A) the hazardous material no longer is in transportation; or
    (B) the documents are made available to a representative of a department, agency, or instrumentality of the United States Government or a State or local authority responding to an accident or incident involving the motor vehicle, train, vessel, aircraft, or facility.
  • 49 U.S.C. § 5112(a)(1)
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    (1) This section applies to a motor vehicle only if the vehicle is transporting hazardous material in commerce for which placarding of the vehicle is required under regulations prescribed under this chapter. However, the Secretary by regulation may extend application of this section or a standard prescribed under subsection (b) of this section to—
    (A) any use of a vehicle under this paragraph to transport any hazardous material in commerce; and
    (B) any motor vehicle used to transport hazardous material in commerce.
  • 49 U.S.C. § 5112(b)(1)
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    (1) The Secretary, in consultation with the States, shall prescribe by regulation standards for States and Indian tribes to use in carrying out subsection (a) of this section. The standards shall include—
    (A) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall enhance public safety in the area subject to the jurisdiction of the State or tribe and in areas of the United States not subject to the jurisdiction of the State or tribe and directly affected by the designation, limitation, or requirement;
    (B) minimum procedural requirements to ensure public participation when the State or Indian tribe is establishing a highway routing designation, limitation, or requirement;
    (C) a requirement that, in establishing a highway routing designation, limitation, or requirement, a State or Indian tribe consult with appropriate State, local, and tribal officials having jurisdiction over areas of the United States not subject to the jurisdiction of that State or tribe establishing the designation, limitation, or requirement and with affected industries;
    (D) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall ensure through highway routing for the transportation of hazardous material between adjacent areas;
    (E) a requirement that a highway routing designation, limitation, or requirement of one State or Indian tribe affecting the transportation of hazardous material in another State or tribe may be established, maintained, and enforced by the State or tribe establishing the designation, limitation, or requirement only if—
    (i) the designation, limitation, or requirement is agreed to by the other State or tribe within a reasonable period or is approved by the Secretary under subsection (d) of this section; and
    (ii) the designation, limitation, or requirement is not an unreasonable burden on commerce;
    (F) a requirement that establishing a highway routing designation, limitation, or requirement of a State or Indian tribe be completed in a timely way;
    (G) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe provide reasonable routes for motor vehicles transporting hazardous material to reach terminals, facilities for food, fuel, repairs, and rest, and places to load and unload hazardous material;
    (H) a requirement that a State be responsible—
    (i) for ensuring that political subdivisions of the State comply with standards prescribed under this subsection in establishing, maintaining, and enforcing a highway routing designation, limitation, or requirement; and
    (ii) for resolving a dispute between political subdivisions; and
    (I) a requirement that, in carrying out subsection (a) of this section, a State or Indian tribe shall consider—
    (i) population densities;
    (ii) the types of highways;
    (iii) the types and amounts of hazardous material;
    (iv) emergency response capabilities;
    (v) the results of consulting with affected persons;
    (vi) exposure and other risk factors;
    (vii) terrain considerations;
    (viii) the continuity of routes;
    (ix) alternative routes;
    (x) the effects on commerce;
    (xi) delays in transportation; and
    (xii) other factors the Secretary considers appropriate.
  • 49 U.S.C. § 5112(b)(1)(E)(i)
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    (i) the designation, limitation, or requirement is agreed to by the other State or tribe within a reasonable period or is approved by the Secretary under subsection (d) of this section; and
  • 49 U.S.C. § 5112(b)(1)(I)(xii)
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    (xii) other factors the Secretary considers appropriate.
  • 49 U.S.C. § 5112(b)(2)
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    (2) The Secretary may not assign a specific weight that a State or Indian tribe shall use when considering the factors under paragraph (1)(I) of this subsection.
  • 49 U.S.C. § 5112(c)(1)
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    (1) In coordination with the States, the Secretary shall update and publish periodically a list of currently effective hazardous material highway route designations.
  • 49 U.S.C. § 5112(c)(2)(A)
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    (A) Each State shall submit to the Secretary, in a form and manner to be determined by the Secretary and in accordance with subparagraph (B)—
    (i) the name of the State agency responsible for hazardous material highway route designations; and
    (ii) a list of the State’s currently effective hazardous material highway route designations.
  • 49 U.S.C. § 5112(d)(1)
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    (1) The Secretary shall prescribe regulations for resolving a dispute related to through highway routing or to an agreement with a proposed highway route designation, limitation, or requirement between or among States, political subdivisions of different States, or Indian tribes.
  • 49 U.S.C. § 5112(d)(2)
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    (2) A State or Indian tribe involved in a dispute under this subsection may petition the Secretary to resolve the dispute. The Secretary shall resolve the dispute not later than one year after receiving the petition. The resolution shall provide the greatest level of highway safety without being an unreasonable burden on commerce and shall ensure compliance with standards prescribed under subsection (b) of this section.
  • 49 U.S.C. § 5112(d)(3)(A)(i)
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    (i) the day the Secretary issues a final decision; or
  • 49 U.S.C. § 5112(d)(3)(A)(ii)
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    (ii) the last day of the one-year period beginning on the day the Secretary receives the petition.
  • 49 U.S.C. § 5112(d)(3)(B)
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    (B) A State or Indian tribe adversely affected by a decision of the Secretary under this subsection may bring a civil action for judicial review of the decision in an appropriate district court of the United States not later than 89 days after the day the decision becomes final.
  • 49 U.S.C. § 5112(f)
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    (f) The Secretary is not required to amend or again prescribe regulations related to highway routing designations over which radioactive material may and may not be transported by motor vehicles, and limitations and requirements related to the routing, that were in effect on November 16, 1990.
  • 49 U.S.C. § 5114(b)
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    (b) The Secretary shall prescribe procedures for monitoring and enforcing regulations prescribed under this section.
  • 49 U.S.C. § 5114(c)
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    (c) This section does not apply to material the Secretary decides does not pose a significant hazard to health or safety when transported because of its low order of radioactivity.
  • 49 U.S.C. § 5115(a)
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    (a) In coordination with the Administrator of the Federal Emergency Management Agency, the Chairman of the Nuclear Regulatory Commission, the Administrator of the Environmental Protection Agency, the Secretaries of Labor, Energy, and Health and Human Services, and the Director of the National Institute of Environmental Health Sciences, and using existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall maintain, and update periodically, a current curriculum of courses, including online curriculum as appropriate, necessary to train public sector emergency response and preparedness teams in matters relating to the transportation of hazardous material. Only in developing the curriculum, the Secretary of Transportation shall consult with regional response teams established under the national contingency plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), representatives of commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001), persons (including governmental entities) that provide training for responding to accidents and incidents involving the transportation of hazardous material, and representatives of persons that respond to those accidents and incidents.
  • 49 U.S.C. § 5115(c)(1)
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    (1) regulations related to hazardous waste operations and emergency response contained in part 1910 of title 29, Code of Federal Regulations, prescribed by the Secretary of Labor;
  • 49 U.S.C. § 5115(c)(3)
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    (3) standards related to emergency response training prescribed by the National Fire Protection Association and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate.
  • 49 U.S.C. § 5115(d)(1)
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    (1) the Secretary shall distribute the curriculum and any updates to the curriculum to the regional response teams and all committees and commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001); and
  • 49 U.S.C. § 5115(d)(2)
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    (2) the Secretary may publish and distribute a list of programs and courses maintained and updated under this section and of any programs utilizing such courses.
  • 49 U.S.C. § 5116(a)(1)
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    (1) The Secretary shall make grants to States and Indian tribes—
    (A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe;
    (B) to decide on the need for regional hazardous material emergency response teams; and
    (C) to train public sector employees to respond to accidents and incidents involving hazardous material.
  • 49 U.S.C. § 5116(a)(2)
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    (2) To the extent that a grant is used to train emergency responders under paragraph (1)(C), the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.
  • 49 U.S.C. § 5116(a)(3)
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    (3) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection only if—
    (A) the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the Federal Government) for the purpose of the grant will at least equal the average level of expenditure for the last 5 years; and
    (B) any emergency response training provided under the grant shall consist of—
    (i) a course developed or identified under section 5115 of this title; or
    (ii) any other course the Secretary determines is consistent with the objectives of this section.
  • 49 U.S.C. § 5116(a)(3)(B)(ii)
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    (ii) any other course the Secretary determines is consistent with the objectives of this section.
  • 49 U.S.C. § 5116(a)(5)(C)
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    (C) to make an agreement with a person (including an authority of a State, a political subdivision of a State or Indian tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training if—
    (i) the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice;
    (ii) the person agrees to have an auditable accounting system; and
    (iii) the State or Indian tribe conducts at least one on-site observation of the training each year.
  • 49 U.S.C. § 5116(a)(5)(C)(i)
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    (i) the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice;
  • 49 U.S.C. § 5116(a)(6)
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    (6) The Secretary shall allocate amounts made available for grants under this subsection among eligible States and Indian tribes based on the needs of the States and Indian tribes for emergency response planning and training. In making a decision about those needs, the Secretary shall consider—
    (A) the number of hazardous material facilities in the State or on land under the jurisdiction of the Indian tribe;
    (B) the types and amounts of hazardous material transported in the State or on such land;
    (C) whether the State or Indian tribe imposes and collects a fee for transporting hazardous material;
    (D) whether such fee is used only to carry out a purpose related to transporting hazardous material;
    (E) the past record of the State or Indian tribe in effectively managing planning and training grants; and
    (F) any other factors the Secretary determines are appropriate to carry out this subsection.
  • 49 U.S.C. § 5116(a)(6)(F)
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    (F) any other factors the Secretary determines are appropriate to carry out this subsection.
  • 49 U.S.C. § 5116(b)
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    (b) The Secretary may make a grant to a State under this section in a fiscal year only if the State certifies that the State complies with sections 301 and 303 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003).
  • 49 U.S.C. § 5116(c)
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    (c) A State or Indian tribe interested in receiving a grant under this section shall submit an application to the Secretary. The application must be submitted at the time, and contain information, the Secretary requires by regulation to carry out the objectives of this section.
  • 49 U.S.C. § 5116(e)
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    (e) In coordination with the Secretaries of Transportation and Energy, Administrator of the Environmental Protection Agency, and Director of the National Institute of Environmental Health Sciences, the Administrator of the Federal Emergency Management Agency shall monitor public sector emergency response planning and training for an accident or incident involving hazardous material. Considering the results of the monitoring, the Secretaries, Administrators, and Director each shall provide technical assistance to a State, political subdivision of a State, or Indian tribe for carrying out emergency response training and planning for an accident or incident involving hazardous material and shall coordinate the assistance using the existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee.
  • 49 U.S.C. § 5116(f)
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    (f) To minimize administrative costs and to coordinate Federal financial assistance for emergency response training and planning, the Secretary may delegate to the Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, and Secretaries of Labor and Energy any of the following:
    (1) authority to receive applications for grants under this section.
    (2) authority to review applications for technical compliance with this section.
    (3) authority to review applications to recommend approval or disapproval.
    (4) any other ministerial duty associated with grants under this section.
  • 49 U.S.C. § 5116(g)
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    (g) The Secretaries of Transportation, Labor, and Energy, Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, and Administrator of the Environmental Protection Agency shall review periodically, with the head of each department, agency, or instrumentality of the Government, all emergency response and preparedness training programs of that department, agency, or instrumentality to minimize duplication of effort and expense of the department, agency, or instrumentality in carrying out the programs and shall take necessary action to minimize duplication.
  • 49 U.S.C. § 5116(h)
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    (h) The Secretary of the Treasury shall establish an account in the Treasury (to be known as the “Hazardous Materials Emergency Preparedness Fund”) into which the Secretary of the Treasury shall deposit amounts the Secretary of Transportation transfers to the Secretary of the Treasury under section 5108(g)(2)(C) of this title. Without further appropriation, amounts in the account are available—
    (1) to make grants under this section and section 5107(e);
    (2) to monitor and provide technical assistance under subsection (e) of this section;
    (3) to publish and distribute an emergency response guide; and
    (4) to pay administrative costs of carrying out this section and sections 5107(e) and 5108(g)(2) of this title, except that not more than 2 percent of the amounts made available from the account in a fiscal year may be used to pay those costs.
  • 49 U.S.C. § 5116(i)(1)
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    (1) In order to further the purposes of subsection (a), the Secretary shall, subject to the availability of funds and through a competitive process, make a grant or make grants to national nonprofit fire service organizations for the purpose of training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents.
  • 49 U.S.C. § 5116(i)(2)
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    (2) For the purposes of this subsection the Secretary, after consultation with interested organizations, shall—
    (A) identify regions or locations in which fire departments or other organizations which provide emergency response to hazardous materials transportation accidents and incidents are in need of hazardous materials training; and
    (B) prioritize such needs and develop a means for identifying additional specific training needs.
  • 49 U.S.C. § 5116(i)(4)
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    (4) The Secretary may only make a grant to an organization under this subsection in a fiscal year if the organization enters into an agreement with the Secretary to provide training, including portable training, for instructors to conduct hazardous materials response training programs in such fiscal year that will use—
    (A) a course or courses developed or identified under section 5115 of this title; or
    (B) other courses which the Secretary determines are consistent with the objectives of this subsection;
    for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. Such agreement also shall provide that training courses shall comply with Federal regulations and national consensus standards for hazardous materials response and be open to all such individuals on a nondiscriminatory basis.
  • 49 U.S.C. § 5116(i)(4)(B)
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    (B) other courses which the Secretary determines are consistent with the objectives of this subsection;
  • 49 U.S.C. § 5116(i)(5)
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    (5) The Secretary may not award a grant to an organization under this subsection unless the organization ensures that emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.
  • 49 U.S.C. § 5116(i)(6)
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    (6) Notwithstanding paragraphs (1) and (3), to the extent determined appropriate by the Secretary, a grant awarded by the Secretary to an organization under this subsection to conduct hazardous material response training programs may be used to train individuals with responsibility to respond to accidents and incidents involving hazardous material.
  • 49 U.S.C. § 5116(i)(8)
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    (8) The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection.
  • 49 U.S.C. § 5116(j)(1)
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    (1) The Secretary shall establish a grant program to make grants to eligible entities described in paragraph (2)—
    (A) to develop a hazardous materials response training curriculum for emergency responders, including response activities for the transportation of crude oil, ethanol, and other flammable liquids by rail, consistent with the standards of the National Fire Protection Association; and
    (B) to make the training described in subparagraph (A) available in an electronic format.
  • 49 U.S.C. § 5116(j)(3)(A)
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    (A) To carry out the grant program under paragraph (1), the Secretary may use, for each fiscal year, any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year.
  • 49 U.S.C. § 5116(j)(3)(B)
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    (B) For each fiscal year, after providing grants under paragraph (1), if funds remain available, the Secretary may use the amounts described in subparagraph (A)—
    (i) to make grants under—
    (I) subsection (a)(1)(C);
    (II) subsection (i); and
    (III) section 5107(e);
    (ii) to conduct monitoring and provide technical assistance under subsection (e);
    (iii) to publish and distribute the emergency response guide referred to in subsection (h)(3); and
    (iv) to pay administrative costs in accordance with subsection (h)(4).
  • 49 U.S.C. § 5116(k)
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    (k) The Secretary shall submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and make available the report to the public. The report submitted under this subsection shall include information on the allocation and uses of the planning and training grants under subsection (a) and grants under subsections (i) and (j) of this section and under subsections (e) and (i) of section 5107. The report submitted under this subsection shall identify the ultimate recipients of such grants and include—
    (1) a detailed accounting and description of each grant expenditure by each grant recipient, including the amount of, and purpose for, each expenditure;
    (2) the number of persons trained under the grant program, by training level;
    (3) an evaluation of the efficacy of such planning and training programs; and
    (4) any recommendations the Secretary may have for improving such grant programs.
  • 49 U.S.C. § 5116(k)(4)
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    (4) any recommendations the Secretary may have for improving such grant programs.
  • 49 U.S.C. § 5117(a)(1)
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    (1) As provided under procedures prescribed by regulation, the Secretary may issue, modify, or terminate a special permit authorizing a variance from this chapter or a regulation prescribed under section 5103(b), 5104, 5110, or 5112 of this title to a person performing a function regulated by the Secretary under section 5103(b)(1) in a way that achieves a safety level—
    (A) at least equal to the safety level required under this chapter; or
    (B) consistent with the public interest and this chapter, if a required safety level does not exist.
  • 49 U.S.C. § 5117(a)(2)
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    (2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon application for successive periods of not more than 4 years each or, in the case of a special permit relating to section 5112, for an additional period of not more than 2 years.
  • 49 U.S.C. § 5117(b)
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    (b) When applying for a special permit or renewal of a special permit under this section, the person must provide a safety analysis prescribed by the Secretary that justifies the special permit. The Secretary shall publish in the Federal Register notice that an application for a new special permit or a modification to an existing special permit has been filed and shall give the public an opportunity to inspect the safety analysis and comment on the application. The Secretary shall make available to the public on the Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days. This subsection does not require the release of information protected by law from public disclosure.
  • 49 U.S.C. § 5117(c)
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    (c) The Secretary shall issue or renew a special permit or approval for which an application was filed or deny such issuance or renewal within 120 days after the first day of the month following the date of the filing of such application, or the Secretary shall make available to the public a statement of the reason why the Secretary’s decision on a special permit or approval is delayed, along with an estimate of the additional time necessary before the decision is made.
  • 49 U.S.C. § 5117(d)(1)
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    (1) The Secretary shall exclude, in any part, from this chapter and regulations prescribed under this chapter—
    (A) a public vessel (as defined in section 2101 of title 46);
    (B) a vessel exempted under section 3702 of title 46 from chapter 37 of title 46; and
    (C) a vessel to the extent it is regulated under the Ports and Waterways Safety Act of 19721 (33 U.S.C. 1221) et seq.).
  • 49 U.S.C. § 5117(e)
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    (e) Unless the Secretary decides that an emergency exists, a special permit or renewal granted under this section is the only way a person subject to this chapter may be granted a variance from this chapter.
  • 49 U.S.C. § 5117(f)(1)
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    (1) Not later than 1 year after the date on which a special permit has been in continuous effect for a 10-year period, the Secretary shall conduct a review and analysis of that special permit to determine whether it may be converted into the hazardous materials regulations.
  • 49 U.S.C. § 5117(f)(2)
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    (2) In conducting the review and analysis under paragraph (1), the Secretary may consider—
    (A) the safety record for hazardous materials transported under the special permit;
    (B) the application of a special permit;
    (C) the suitability of provisions in the special permit for incorporation into the hazardous materials regulations; and
    (D) rulemaking activity in related areas.
  • 49 U.S.C. § 5117(f)(3)
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    (3) After completing the review and analysis under paragraph (1) and after providing notice and opportunity for public comment, the Secretary shall either institute a rulemaking to incorporate the special permit into the hazardous materials regulations or publish in the Federal Register the Secretary’s justification for why the special permit is not appropriate for incorporation into the regulations.
  • 49 U.S.C. § 5117(g)
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    (g) The Secretary shall periodically, but at least every 120 days—
    (1) publish in the Federal Register notice of the final disposition of each application for a new special permit, modification to an existing special permit, or approval during the preceding quarter; and
    (2) make available to the public on the Department of Transportation’s Internet Web site notice of the final disposition of any other special permit during the preceding quarter.
  • 49 U.S.C. § 5118(a)(1)
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    (1) The Secretary of Transportation may develop and implement a hazardous material technical assessment, research and development, and analysis program for the purpose of—
    (A) reducing the risks associated with the transportation of hazardous material; and
    (B) identifying and evaluating new technologies to facilitate the safe, secure, and efficient transportation of hazardous material.
  • 49 U.S.C. § 5118(a)(2)
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    (2) In developing the program under paragraph (1), the Secretary shall—
    (A) utilize information gathered from other modal administrations with similar programs;
    (B) coordinate with other modal administrations, as appropriate; and
    (C) coordinate, as appropriate, with other Federal agencies.
  • 49 U.S.C. § 5118(b)
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    (b) In carrying out subsection (a), the Secretary shall work cooperatively with regulated and other entities, including shippers, carriers, emergency responders, State and local officials, and academic institutions.
  • 49 U.S.C. § 5118(c)(1)
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    (1) As part of the program established under subsection (a), the Secretary may carry out cooperative research on hazardous materials transport.
  • 49 U.S.C. § 5118(c)(2)
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    (2) The Secretary may enter into an agreement with the National Academies to support research described in paragraph (1).
  • 49 U.S.C. § 5119(a)
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    (a) The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors’ Association, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures.
  • 49 U.S.C. § 5119(d)
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    (d) The Secretary shall develop a procedure for the working group to employ in developing recommendations for the Secretary to harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with special attention paid to each State’s unique safety concerns and interest in maintaining strong hazmat safety standards.
  • 49 U.S.C. § 5119(e)
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    (e) Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b).
  • 49 U.S.C. § 5119(f)
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    (f) Not later than 18 months after the date the working group’s report is delivered to the Secretary, the Secretary shall issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. In developing such regulations, the Secretary shall consider the State needs associated with the transition to and implementation of a uniform forms and procedures program.
  • 49 U.S.C. § 5119(g)
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    (g) Nothing in this section shall be construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations under subsection (f).
  • 49 U.S.C. § 5120(a)
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    (a) Subject to guidance and direction from the Secretary of State, the Secretary of Transportation shall participate in international forums that establish or recommend mandatory standards and requirements for transporting hazardous material in international commerce.
  • 49 U.S.C. § 5120(b)
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    (b) The Secretary may consult with interested authorities to ensure that, to the extent practicable, regulations the Secretary prescribes under sections 5103(b), 5104, 5110, and 5112 of this title are consistent with standards and requirements related to transporting hazardous material that international authorities adopt.
  • 49 U.S.C. § 5120(c)(1)
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    (1) does not require the Secretary to prescribe a standard or requirement identical to a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is unnecessary or unsafe; and
  • 49 U.S.C. § 5120(c)(2)
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    (2) does not prohibit the Secretary from prescribing a safety standard or requirement more stringent than a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is necessary in the public interest.
  • 49 U.S.C. § 5121(a)
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    (a) To carry out this chapter, the Secretary may investigate, conduct tests, make reports, issue subpenas, conduct hearings, require the production of records and property, take depositions, and conduct research, development, demonstration, and training activities. Except as provided in subsections (c) and (d), after notice and an opportunity for a hearing, the Secretary may issue an order requiring compliance with this chapter or a regulation prescribed, or an order, special permit, or approval issued, under this chapter.
  • 49 U.S.C. § 5121(b)(1)
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    (1) maintain records and property, make reports, and provide information the Secretary by regulation or order requires; and
  • 49 U.S.C. § 5121(b)(2)
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    (2) make the records, property, reports, and information available for inspection when the Secretary undertakes an investigation or makes a request.
  • 49 U.S.C. § 5121(c)(1)
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    (1) A designated officer, employee, or agent of the Secretary—
    (A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1);
    (B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material;
    (C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which—
    (i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and
    (ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e);
    (D) may gather information from the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package;
    (E) as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis;
    (F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection; and
    (G) shall provide to the affected offeror, carrier, packaging manufacturer or tester, or other person responsible for the package reasonable notice of—
    (i) his or her decision to exercise his or her authority under paragraph (1);
    (ii) any findings made; and
    (iii) any actions being taken as a result of a finding of noncompliance.
  • 49 U.S.C. § 5121(c)(1)(E)
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    (E) as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis;
  • 49 U.S.C. § 5121(c)(3)
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    (3) In instances when, as a result of an inspection or investigation under this subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations prescribed under subsection (e), shall assist—
    (A) in the safe and prompt resumption of transportation of the package concerned; or
    (B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.
  • 49 U.S.C. § 5121(d)(1)
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    (1) If, upon inspection, investigation, testing, or research, the Secretary determines that a violation of a provision of this chapter, or a regulation prescribed under this chapter, or an unsafe condition or practice, constitutes or is causing an imminent hazard, the Secretary may issue or impose emergency restrictions, prohibitions, recalls, or out-of-service orders, without notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard.
  • 49 U.S.C. § 5121(d)(2)
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    (2) The action of the Secretary under paragraph (1) shall be in a written emergency order that—
    (A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard;
    (B) states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and
    (C) describes the standards and procedures for obtaining relief from the order.
  • 49 U.S.C. § 5121(d)(3)
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    (3) After taking action under paragraph (1), the Secretary shall provide for review of the action under section 554 of title 5 if a petition for review is filed within 20 calendar days of the date of issuance of the order for the action.
  • 49 U.S.C. § 5121(d)(4)
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    (4) If a petition for review of an action is filed under paragraph (3) and the review under that paragraph is not completed by the end of the 30-day period beginning on the date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the imminent hazard providing a basis for the action continues to exist.
  • 49 U.S.C. § 5121(e)(1)
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    (1) Not later than 60 days after the date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, the Secretary shall issue temporary regulations to carry out subsections (c) and (d). The temporary regulations shall expire on the date of issuance of the regulations under paragraph (2).
  • 49 U.S.C. § 5121(e)(2)
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    (2) Not later than 1 year after such date of enactment, the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5.
  • 49 U.S.C. § 5121(f)(1)
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    (1) The Secretary shall—
    (A) maintain a facility and technical staff sufficient to provide, within the United States Government, the capability of evaluating a risk related to the transportation of hazardous material and material alleged to be hazardous;
    (B) maintain a central reporting system and information center capable of providing information and advice to law enforcement and firefighting personnel, other interested individuals, and officers and employees of the Government and State and local governments on meeting an emergency related to the transportation of hazardous material; and
    (C) conduct a continuous review on all aspects of transporting hazardous material to decide on and take appropriate actions to ensure safe transportation of hazardous material.
  • 49 U.S.C. § 5121(f)(2)
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    (2) Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of a supplemental reporting system and information center operated and maintained by the contractor.
  • 49 U.S.C. § 5121(g)
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    (g) The Secretary may enter into grants and cooperative agreements with a person, agency, or instrumentality of the United States, a unit of State or local government, an Indian tribe, a foreign government (in coordination with the Department of State), an educational institution, or other appropriate entity—
    (1) to expand risk assessment and emergency response capabilities with respect to the safety and security of transportation of hazardous material;
    (2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;
    (3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or
    (4) to otherwise carry out this chapter.
  • 49 U.S.C. § 5121(g)(2)
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    (2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;
  • 49 U.S.C. § 5121(h)
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    (h) The Secretary shall, once every 2 years, prepare and make available to the public on the Department of Transportation’s Internet Web site a comprehensive report on the transportation of hazardous materials during the preceding 2 calendar years. The report shall include—
    (1) a statistical compilation of accidents and casualties related to the transportation of hazardous material;
    (2) a list and summary of applicable Government regulations, criteria, orders, and special permits;
    (3) a summary of the basis for each special permit;
    (4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) and the degree of voluntary compliance with regulations;
    (5) a summary of outstanding problems in carrying out this chapter in order of priority; and
    (6) recommendations for appropriate legislation.
  • 49 U.S.C. § 5121(h)(4)
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    (4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) and the degree of voluntary compliance with regulations;
  • 49 U.S.C. § 5122(a)
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    (a) At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.
  • 49 U.S.C. § 5122(b)(1)
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    (1) If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States—
    (A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or
    (B) to eliminate or mitigate the hazard.
  • 49 U.S.C. § 5122(b)(2)
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    (2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.
  • 49 U.S.C. § 5122(c)(1)
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    (1) If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.
  • 49 U.S.C. § 5122(c)(2)
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    (2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.
  • 49 U.S.C. § 5123(a)(2)
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    (2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $175,000.
  • 49 U.S.C. § 5123(b)
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    (b) The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty.
  • 49 U.S.C. § 5123(c)
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    (c) In determining the amount of a civil penalty under this section, the Secretary shall consider—
    (1) the nature, circumstances, extent, and gravity of the violation;
    (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and
    (3) other matters that justice requires.
  • 49 U.S.C. § 5123(e)
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    (e) The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.
  • 49 U.S.C. § 5123(h)(1)
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    (1) The Secretary may impose a penalty on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under subsection (c) or (i) of section 5121.
  • 49 U.S.C. § 5123(i)(1)
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    (1) Except as provided under paragraph (2), a person subject to the jurisdiction of the Secretary under this chapter who fails to pay a civil penalty assessed under this chapter, or fails to arrange and abide by an acceptable payment plan for such civil penalty, may not conduct any activity regulated under this chapter beginning on the 91st day after the date specified by order of the Secretary for payment of such penalty unless the person has filed a formal administrative or judicial appeal of the penalty.
  • 49 U.S.C. § 5123(i)(3)
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    (3) Not later than 2 years after the date of enactment of this subsection, the Secretary, after providing notice and an opportunity for public comment, shall issue regulations that—
    (A) set forth procedures to require a person who is delinquent in paying civil penalties to cease any activity regulated under this chapter until payment has been made or an acceptable payment plan has been arranged; and
    (B) ensures1 that the person described in subparagraph (A)—
    (i) is notified in writing; and
    (ii) is given an opportunity to respond before the person is required to cease the activity.
  • 49 U.S.C. § 5124(b)(2)
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    (2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.
  • 49 U.S.C. § 5125(a)(1)
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    (1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security is not possible; or
  • 49 U.S.C. § 5125(a)(2)
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    (2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.
  • 49 U.S.C. § 5125(b)(1)
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    (1) Except as provided in subsection (c) of this section and unless authorized by another law of the United States, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe about any of the following subjects, that is not substantively the same as a provision of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security, is preempted:
    (A) the designation, description, and classification of hazardous material.
    (B) the packing, repacking, handling, labeling, marking, and placarding of hazardous material.
    (C) the preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents.
    (D) the written notification, recording, and reporting of the unintentional release in transportation of hazardous material and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident.
    (E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
  • 49 U.S.C. § 5125(b)(2)
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    (2) If the Secretary prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provision of law a regulation or standard related to a subject referred to in paragraph (1) of this subsection, a State, political subdivision of a State, or Indian tribe may prescribe, issue, maintain, and enforce only a law, regulation, standard, or order about the subject that is substantively the same as a provision of this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall decide on and publish in the Federal Register the effective date of section 5103(b) of this title for any regulation or standard about any of those subjects that the Secretary prescribes. The effective date may not be earlier than 90 days after the Secretary prescribes the regulation or standard nor later than the last day of the 2-year period beginning on the date the Secretary prescribes the regulation or standard.
  • 49 U.S.C. § 5125(b)(3)
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    (3) If a State, political subdivision of a State, or Indian tribe imposes a fine or penalty the Secretary decides is appropriate for a violation related to a subject referred to in paragraph (1) of this subsection, an additional fine or penalty may not be imposed by any other authority.
  • 49 U.S.C. § 5125(c)(2)(C)
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    (C) The Secretary may allow a highway routing designation, limitation, or requirement to continue in effect until a dispute related to the designation, limitation, or requirement is resolved under section 5112(d) of this title.
  • 49 U.S.C. § 5125(d)(1)
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    (1) A person (including a State, political subdivision of a State, or Indian tribe) directly affected by a requirement of a State, political subdivision, or tribe may apply to the Secretary, as provided by regulations prescribed by the Secretary, for a decision on whether the requirement is preempted by subsection (a), (b)(1), or (c) of this section or section 5119(f). The Secretary shall publish notice of the application in the Federal Register. The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary’s decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made. After notice is published, an applicant may not seek judicial relief on the same or substantially the same issue until the Secretary takes final action on the application or until 180 days after the application is filed, whichever occurs first.
  • 49 U.S.C. § 5125(d)(2)
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    (2) After consulting with States, political subdivisions of States, and Indian tribes, the Secretary shall prescribe regulations for carrying out paragraph (1) of this subsection.
  • 49 U.S.C. § 5125(d)(3)
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    (3) Subsection (a) of this section does not prevent a State, political subdivision of a State, or Indian tribe, or another person directly affected by a requirement, from seeking a decision on preemption from a court of competent jurisdiction instead of applying to the Secretary under paragraph (1) of this subsection.
  • 49 U.S.C. § 5125(e)
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    (e) A State, political subdivision of a State, or Indian tribe may apply to the Secretary for a waiver of preemption of a requirement the State, political subdivision, or tribe acknowledges is preempted by subsection (a), (b)(1), or (c) of this section or section 5119(f). Under a procedure the Secretary prescribes by regulation, the Secretary may waive preemption on deciding the requirement—
    (1) provides the public at least as much protection as do requirements of this chapter and regulations prescribed under this chapter; and
    (2) is not an unreasonable burden on commerce.
  • 49 U.S.C. § 5125(f)(2)
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    (2) A State or political subdivision thereof or Indian tribe that levies a fee in connection with the transportation of hazardous materials shall biennially report to the Secretary on—
    (A) the basis on which the fee is levied upon persons involved in such transportation;
    (B) the purposes for which the revenues from the fee are used;
    (C) the annual total amount of the revenues collected from the fee; and
    (D) such other matters as the Secretary requests.
  • 49 U.S.C. § 5125(f)(2)(D)
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    (D) such other matters as the Secretary requests.
  • 49 U.S.C. § 5127(a)
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    (a) Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final.
  • 49 U.S.C. § 5127(b)
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    (b) When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.
  • 49 U.S.C. § 5127(c)
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    (c) The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings.
  • 49 U.S.C. § 5127(d)
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    (d) In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.
  • 49 U.S.C. § 5128(a)
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    (a) There are authorized to be appropriated to the Secretary to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)—
    (1) $67,000,000 for fiscal year 2022;
    (2) $68,000,000 for fiscal year 2023;
    (3) $69,000,000 for fiscal year 2024;
    (4) $70,000,000 for fiscal year 2025; and
    (5) $71,000,000 for fiscal year 2026.
  • 49 U.S.C. § 5128(b)
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    (b) From the Hazardous Materials Preparedness Fund established under section 5116(h), the Secretary may expend, for each of fiscal years 2022 through 2026—
    (1) $39,050,000 to carry out section 5116(a);
    (2) $150,000 to carry out section 5116(e);
    (3) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and
    (4) $2,000,000 to carry out section 5116(i).
  • 49 U.S.C. § 5128(c)
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    (c) From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $5,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(e).
  • 49 U.S.C. § 5128(d)
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    (d) Of the amounts made available under subsection (a) to carry out this chapter, the Secretary shall withhold $4,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(i).
  • 49 U.S.C. § 5128(e)(1)
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    (1) In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, Indian tribe, authority or entity.
  • 49 U.S.C. § 5302(3)(B)(iv)
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    (iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
  • 49 U.S.C. § 5302(4)(I)(ii)
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    (ii) not to exceed 20 percent of such recipient’s annual formula apportionment under sections 5307 and 5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least 2 of the following requirements:
    (I) Provides an active fixed route travel training program that is available for riders with disabilities.
    (II) Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis.
    (III) Has memoranda of understanding in place with employers and the American Job Center to increase access to employment opportunities for people with disabilities.
  • 49 U.S.C. § 5302(7)(B)
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    (B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation—
    (i) would injure seriously an important public interest;
    (ii) would frustrate substantially legislative policy and intent; or
    (iii) would damage seriously a person or class without serving an important public interest.
  • 49 U.S.C. § 5302(16)
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    (16) The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter.
  • 49 U.S.C. § 5302(17)
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    (17) The term “rural area” means an area encompassing a population of less than 50,000 people that has not been designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce.
  • 49 U.S.C. § 5302(18)
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    (18) The term “Secretary” means the Secretary of Transportation.
  • 49 U.S.C. § 5302(21)
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    (21) The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b).
  • 49 U.S.C. § 5302(23)
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    (23) The term “urban area” means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality.
  • 49 U.S.C. § 5302(24)
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    (24) The term “urbanized area” means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce.
  • 49 U.S.C. § 5303(f)(1)
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    (1) The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area.
  • 49 U.S.C. § 5303(g)(3)(A)
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    (A) The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, housing, tourism, natural disaster risk reduction, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities.
  • 49 U.S.C. § 5303(i)(2)
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    (2) A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following:
    (i) An identification of transportation facilities (including major roadways, public transportation facilities, intercity bus facilities, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions.
    (ii) In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors relate to a 20-year forecast period.
    (B) A description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (h)(2).
    (C) 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 (h)(2), including—
    (i) progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and
    (ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets.
    (i) A long-range transportation plan shall include a discussion of types 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.
    (ii) The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.
    (i) A financial plan that—
    (I) demonstrates how the adopted 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.
    (ii) 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.
    (iii) For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation.
    (F) Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods.
    (G) Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure, provide for multimodal capacity increases based on regional priorities and needs, and reduce the vulnerability of the existing transportation infrastructure to natural disasters.
    (H) Proposed transportation and transit enhancement activities, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated.
  • 49 U.S.C. § 5303(i)(7)
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    (7) A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish.
  • 49 U.S.C. § 5303(j)(5)(B)
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    (B) Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program.
  • 49 U.S.C. § 5303(j)(6)(B)
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    (B) Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP.
  • 49 U.S.C. § 5303(k)(1)(A)
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    (A) The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals.
  • 49 U.S.C. § 5303(k)(1)(B)
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    (B) The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.
  • 49 U.S.C. § 5303(k)(3)(B)
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    (B) The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area.
  • 49 U.S.C. § 5303(k)(6)(A)
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    (A) The Secretary shall—
    (i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and
    (ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.
  • 49 U.S.C. § 5303(k)(6)(B)
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    (B) The Secretary may make the certification under subparagraph (A) if—
    (i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and
    (ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.
  • 49 U.S.C. § 5303(k)(6)(C)(i)
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    (i) If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 23.
  • 49 U.S.C. § 5303(k)(6)(C)(ii)
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    (ii) The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary.
  • 49 U.S.C. § 5303(k)(6)(D)
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    (D) In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.
  • 49 U.S.C. § 5303(l)(1)
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    (1) The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the requirements of this subsection.
  • 49 U.S.C. § 5303(l)(2)
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    (2) 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—
    (A) the overall effectiveness of performance-based planning as a tool for guiding transportation investments;
    (B) the effectiveness of the performance-based planning process of each metropolitan planning organization under this section;
    (C) the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and
    (D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a population of 200,000 or less and their ability to carry out the requirements of this section.
  • 49 U.S.C. § 5303(m)(1)
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    (1) Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.
  • 49 U.S.C. § 5303(m)(2)
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    (2) The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).
  • 49 U.S.C. § 5303(q)
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    (q) Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs 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 plans and TIPs described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act.
  • 49 U.S.C. § 5304(f)(2)(B)(ii)
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    (ii) The Secretary shall not review or approve the consultation process in each State.
  • 49 U.S.C. § 5304(f)(2)(C)
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    (C) 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.
  • 49 U.S.C. § 5304(g)(2)(B)(ii)
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    (ii) The Secretary shall not review or approve the specific consultation process in the State.
  • 49 U.S.C. § 5304(g)(2)(C)
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    (C) 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.
  • 49 U.S.C. § 5304(g)(5)(G)(ii)
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    (ii) 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.
  • 49 U.S.C. § 5304(g)(7)
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    (7) 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.
  • 49 U.S.C. § 5304(g)(8)
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    (8) 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.
  • 49 U.S.C. § 5304(g)(9)
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    (9) 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.
  • 49 U.S.C. § 5304(h)(1)
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    (1) 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.
  • 49 U.S.C. § 5304(h)(2)(A)
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    (A) 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.
  • 49 U.S.C. § 5304(i)
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    (i) 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.
  • 49 U.S.C. § 5304(j)
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    (j) 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.).
  • 49 U.S.C. § 5304(k)
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    (k) 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.
  • 49 U.S.C. § 5305(b)(1)
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    (1) 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.
  • 49 U.S.C. § 5305(c)
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    (c) 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.
  • 49 U.S.C. § 5305(d)(1)(A)
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    (A) 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.
  • 49 U.S.C. § 5305(d)(2)(D)
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    (D) the Secretary approves.
  • 49 U.S.C. § 5305(d)(3)(A)
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    (A) 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.
  • 49 U.S.C. § 5305(d)(3)(B)
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    (B) 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.
  • 49 U.S.C. § 5305(e)(1)(A)
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    (A) 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.
  • 49 U.S.C. § 5305(f)(1)
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    (1) 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.
  • 49 U.S.C. § 5305(f)(2)(B)
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    (B) 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.
  • 49 U.S.C. § 5307(a)(1)
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    (1) The Secretary may make grants under this section for—
    (A) capital projects;
    (B) planning;
    (C) job access and reverse commute projects; and
    (D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census.
  • 49 U.S.C. § 5307(a)(2)
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    (2) The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census—
    (A) for public transportation systems that—
    (i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
    (ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
    (B) subject to paragraph (3), for public transportation systems that—
    (i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient’s final program of projects prepared under subsection (b); or
    (ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient’s final program of projects prepared under subsection (b).
  • 49 U.S.C. § 5307(c)(1)
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    (1) the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (b) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a Governor under this section)—
    (A) has or will have the legal, financial, and technical capacity to carry out the program, including safety and security aspects of the program;
    (B) has or will have satisfactory continuing control over the use of equipment and facilities;
    (C) will maintain equipment and facilities in accordance with the recipient’s transit asset management plan;
    (D) will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—
    (i) senior;
    (ii) individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
    (iii) individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);
    (E) in carrying out a procurement under this section, will comply with sections 5323 and 5325;
    (F) has complied with subsection (b) of this section;
    (G) has available and will provide the required amounts as provided by subsection (d) of this section;
    (H) will comply with sections 5303 and 5304;
    (I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation;
    (i) will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under section 5336 of this title; or
    (ii) has decided that the expenditure for security projects is not necessary;
    (K) in the case of a recipient for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and
    (L) will comply with section 5329(d); and
  • 49 U.S.C. § 5307(c)(2)
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    (2) the Secretary accepts the certification.
  • 49 U.S.C. § 5307(e)(1)
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    (1) The Secretary may pay the Government share of the net project cost to a State or local governmental authority that carries out any part of a project eligible under subparagraph (A) or (B) of subsection (a)(1) without the aid of amounts of the Government and according to all applicable procedures and requirements if—
    (A) the recipient applies for the payment;
    (B) the Secretary approves the payment; and
    (C) before carrying out any part of the project, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section.
  • 49 U.S.C. § 5307(e)(1)(B)
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    (B) the Secretary approves the payment; and
  • 49 U.S.C. § 5307(e)(1)(C)
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    (C) before carrying out any part of the project, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section.
  • 49 U.S.C. § 5307(e)(2)
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    (2) The Secretary may approve an application under paragraph (1) of this subsection only if an authorization for this section is in effect for the fiscal year to which the application applies. The Secretary may not approve an application if the payment will be more than—
    (A) the recipient’s expected apportionment under section 5336 of this title if the total amount authorized to be appropriated for the fiscal year to carry out this section is appropriated; less
    (B) the maximum amount of the apportionment that may be made available for projects for operating expenses under this section.
  • 49 U.S.C. § 5307(e)(3)(C)
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    (C) The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
  • 49 U.S.C. § 5307(f)(1)(A)
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    (A) At least annually, the Secretary shall carry out, or require a recipient to have carried out independently, reviews and audits the Secretary considers appropriate to establish whether the recipient has carried out—
    (i) the activities proposed under subsection (c) of this section in a timely and effective way and can continue to do so; and
    (ii) those activities and its certifications and has used amounts of the Government in the way required by law.
  • 49 U.S.C. § 5307(f)(2)
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    (2) At least once every 3 years, the Secretary shall review and evaluate completely the performance of a recipient in carrying out the recipient’s program, specifically referring to compliance with statutory and administrative requirements and the extent to which actual program activities are consistent with the activities proposed under subsection (c) of this section and the planning process required under sections 5303, 5304, and 5305 of this title. To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews.
  • 49 U.S.C. § 5307(f)(3)
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    (3) The Secretary may take appropriate action consistent with a review, audit, and evaluation under this subsection, including making an appropriate adjustment in the amount of a grant or withdrawing the grant.
  • 49 U.S.C. § 5307(h)(1)
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    (1) The Secretary may make grants under this subsection to recipients for passenger ferry projects that are eligible for a grant under subsection (a).
  • 49 U.S.C. § 5307(h)(3)
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    (3) The Secretary shall solicit grant applications and make grants for eligible projects on a competitive basis.
  • 49 U.S.C. § 5309(a)(3)
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    (3) The term “corridor-based bus rapid transit project” means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays; and any other features the Secretary may determine support a long-term corridor investment, but the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.
  • 49 U.S.C. § 5309(a)(4)(C)(iv)
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    (iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
  • 49 U.S.C. § 5309(b)
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    (b) The Secretary may make grants under this section to State and local governmental authorities to assist in financing—
    (1) new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in the advanced stages of project development or engineering; and
    (2) core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by at least 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.
  • 49 U.S.C. § 5309(b)(2)
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    (2) core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by at least 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.
  • 49 U.S.C. § 5309(c)(1)
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    (1) The Secretary may make a grant under this section for new fixed guideway capital projects, small start projects, or core capacity improvement projects, if the Secretary determines that—
    (A) the project is part of an approved transportation plan required under sections 5303 and 5304;
    (B) the applicant has, or will have—
    (i) the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of the project;
    (ii) satisfactory continuing control over the use of the equipment or facilities; and
    (iii) the technical and financial capacity to maintain new and existing equipment and facilities; and
    (C) the applicant has made progress toward meeting the performance targets in section 5326(c)(2).
  • 49 U.S.C. § 5309(c)(2)
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    (2) An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307(c)(1) shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this subsection.
  • 49 U.S.C. § 5309(c)(3)
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    (3) The Secretary shall use an expedited technical capacity review process for applicants that have recently and successfully completed at least 1 new fixed guideway capital project, or core capacity improvement project, if—
    (A) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and
    (B) the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.
  • 49 U.S.C. § 5309(c)(4)
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    (4) A recipient of a grant awarded under this section shall be subject to all terms, conditions, requirements, and provisions that the Secretary determines to be necessary or appropriate for purposes of this section.
  • 49 U.S.C. § 5309(d)(1)(A)(i)(I)
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    (I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and
  • 49 U.S.C. § 5309(d)(1)(A)(ii)
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    (ii) the Secretary—
    (I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and
    (II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the new fixed guideway capital project is entering the project development phase.
  • 49 U.S.C. § 5309(d)(1)(B)
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    (B) Concurrent with the analysis required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), each applicant shall develop sufficient information to enable the Secretary to make findings of project justification and local financial commitment under this subsection.
  • 49 U.S.C. § 5309(d)(1)(C)(i)
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    (i) Not later than 2 years after the date on which a project enters into the project development phase, the applicant shall complete the activities required to obtain a project rating under subsection (g)(2) and submit completed documentation to the Secretary.
  • 49 U.S.C. § 5309(d)(1)(C)(ii)
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    (ii) Upon the request of an applicant, the Secretary may extend the time period under clause (i), if the applicant submits to the Secretary—
    (I) a reasonable plan for completing the activities required under this paragraph; and
    (II) an estimated time period within which the applicant will complete such activities.
  • 49 U.S.C. § 5309(d)(2)(A)
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    (A) A new fixed guideway capital project may advance to the engineering phase upon completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded, only if the Secretary determines that the project—
    (i) is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
    (ii) is adopted into the metropolitan transportation plan required under section 5303;
    (iii) is justified based on a comprehensive review of the project’s mobility improvements, the project’s environmental benefits, congestion relief associated with the project, economic development effects associated with the project, policies and land use patterns of the project that support public transportation, and the project’s cost-effectiveness as measured by cost per rider; and
    (iv) is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f).
  • 49 U.S.C. § 5309(d)(2)(B)
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    (B) In making a determination under subparagraph (A)(iii), the Secretary shall evaluate, analyze, and consider—
    (i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient; and
    (ii) population density and current public transportation ridership in the transportation corridor.
  • 49 U.S.C. § 5309(e)(1)(A)(i)(I)
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    (I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and
  • 49 U.S.C. § 5309(e)(1)(A)(ii)
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    (ii) the Secretary—
    (I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including when necessary a detailed description of any information deemed insufficient; and
    (II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the core capacity improvement project is entering the project development phase.
  • 49 U.S.C. § 5309(e)(1)(B)
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    (B) Concurrent with the analysis required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), each applicant shall develop sufficient information to enable the Secretary to make findings of project justification and local financial commitment under this subsection.
  • 49 U.S.C. § 5309(e)(1)(C)(i)
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    (i) Not later than 2 years after the date on which a project enters into the project development phase, the applicant shall complete the activities required to obtain a project rating under subsection (g)(2) and submit completed documentation to the Secretary.
  • 49 U.S.C. § 5309(e)(1)(C)(ii)
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    (ii) Upon the request of an applicant, the Secretary may extend the time period under clause (i), if the applicant submits to the Secretary—
    (I) a reasonable plan for completing the activities required under this paragraph; and
    (II) an estimated time period within which the applicant will complete such activities.
  • 49 U.S.C. § 5309(e)(2)(A)
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    (A) A core capacity improvement project may advance into the engineering phase upon completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded, only if the Secretary determines that the project—
    (i) is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969;
    (ii) is adopted into the metropolitan transportation plan required under section 5303;
    (iii) is in a corridor that is—
    (I) at or over capacity; or
    (II) projected to be at or over capacity within the next 10 years, without regard to any temporary measures employed by the applicant expected to increase short-term capacity within the next 10 years;
    (iv) is justified based on a comprehensive review of the project’s mobility improvements, the project’s environmental benefits, congestion relief associated with the project, economic development effects associated with the project, the capacity needs of the corridor, and the project’s cost-effectiveness as measured by cost per rider; and
    (v) is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f).
  • 49 U.S.C. § 5309(e)(2)(B)
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    (B) In making a determination under subparagraph (A)(iv), the Secretary shall evaluate, analyze, and consider—
    (i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
    (ii) whether the project will increase capacity at least 10 percent in a corridor;
    (iii) whether the project will improve interconnectivity among existing systems; and
    (iv) whether the project will improve environmental outcomes.
  • 49 U.S.C. § 5309(f)(1)
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    (1) In determining whether a project is supported by an acceptable degree of local financial commitment and shows evidence of stable and dependable financing sources for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall require that—
    (A) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases or funding shortfalls;
    (B) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and
    (C) local resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project.
  • 49 U.S.C. § 5309(f)(1)(A)
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    (A) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases or funding shortfalls;
  • 49 U.S.C. § 5309(f)(2)
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    (2) In assessing the stability, reliability, and availability of proposed sources of local financing for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall consider—
    (A) the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient;
    (B) existing grant commitments;
    (C) the degree to which financing sources are dedicated to the proposed purposes;
    (D) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose;
    (E) the extent to which the project has a local financial commitment that exceeds the required non-Government share of the cost of the project; and
    (F) private contributions to the project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.
  • 49 U.S.C. § 5309(g)(1)
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    (1) A new fixed guideway capital project or core capacity improvement project proposed to be carried out using a grant under this section may not advance from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that—
    (A) the project meets the applicable requirements under this section; and
    (B) there is a reasonable likelihood that the project will continue to meet the requirements under this section.
  • 49 U.S.C. § 5309(g)(2)(A)
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    (A) In making a determination under paragraph (1), the Secretary shall evaluate and rate a project as a whole on a 5-point scale (high, medium-high, medium, medium-low, or low) based on—
    (i) in the case of a new fixed guideway capital project, the project justification criteria under subsection (d)(2)(A)(iii), and the degree of local financial commitment; and
    (ii) in the case of a core capacity improvement project, the capacity needs of the corridor, the project justification criteria under subsection (e)(2)(A)(iv), and the degree of local financial commitment.
  • 49 U.S.C. § 5309(g)(2)(B)
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    (B) In rating a project under this paragraph, the Secretary shall—
    (i) provide, in addition to the overall project rating under subparagraph (A), individual ratings for each of the criteria established under subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable; and
    (ii) give comparable, but not necessarily equal, numerical weight to each of the criteria established under subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, in calculating the overall project rating under clause (i).
  • 49 U.S.C. § 5309(g)(2)(C)
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    (C) The Secretary shall not require that any single project justification criterion meet or exceed a “medium” rating in order to advance the project from one phase to another.
  • 49 U.S.C. § 5309(g)(3)
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    (3) The Secretary shall, to the maximum extent practicable, develop and use special warrants for making a project justification determination under subsection (d)(2) or (e)(2), as applicable, for a project proposed to be funded using a grant under this section, if—
    (A) the share of the cost of the project to be provided under this section does not exceed 50 percent of the total cost of the project;
    (B) the applicant requests the use of the warrants;
    (C) the applicant certifies that its existing public transportation system is in a state of good repair; and
    (D) the applicant meets any other requirements that the Secretary considers appropriate to carry out this subsection.
  • 49 U.S.C. § 5309(g)(3)(D)
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    (D) the applicant meets any other requirements that the Secretary considers appropriate to carry out this subsection.
  • 49 U.S.C. § 5309(g)(4)
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    (4) In order to expedite a project under this subsection, the Secretary shall, to the maximum extent practicable, issue letters of intent and enter into early systems work agreements upon issuance of a record of decision for projects that receive an overall project rating of medium or better.
  • 49 U.S.C. § 5309(g)(5)
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    (5) The Secretary shall issue policy guidance regarding the review and evaluation process and criteria—
    (A) not later than 180 days after the date of enactment of the Federal Public Transportation Act of 2012; and
    (B) each time the Secretary makes significant changes to the process and criteria, but not less frequently than once every 2 years.
  • 49 U.S.C. § 5309(g)(5)(B)
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    (B) each time the Secretary makes significant changes to the process and criteria, but not less frequently than once every 2 years.
  • 49 U.S.C. § 5309(g)(6)
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    (6) Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue rules establishing an evaluation and rating process for—
    (A) new fixed guideway capital projects that is based on the results of project justification, policies and land use patterns that promote public transportation, and local financial commitment, as required under this subsection; and
    (B) core capacity improvement projects that is based on the results of the capacity needs of the corridor, project justification, and local financial commitment.
  • 49 U.S.C. § 5309(g)(7)
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    (7) In carrying out ratings and evaluations under this subsection, the Secretary shall provide full and fair consideration to projects that seek an updated rating after a period of inactivity following an earlier rating and evaluation.
  • 49 U.S.C. § 5309(g)(8)
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    (8) This subsection shall not apply to a project for which the Secretary issued a letter of intent, entered into a full funding grant agreement, or entered into a project construction agreement before the date of enactment of the Federal Public Transportation Act of 2012.
  • 49 U.S.C. § 5309(h)(2)(A)(i)(I)
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    (I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and
  • 49 U.S.C. § 5309(h)(2)(A)(ii)
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    (ii) the Secretary—
    (I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and
    (II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the small starts project is entering the project development phase.
  • 49 U.S.C. § 5309(h)(2)(B)
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    (B) Concurrent with the analysis required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), each applicant shall develop sufficient information to enable the Secretary to make findings of project justification, policies and land use patterns that promote public transportation, and local financial commitment under this subsection.
  • 49 U.S.C. § 5309(h)(3)
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    (3) The Secretary may provide Federal assistance for a small start project under this subsection only if the Secretary determines that the project—
    (A) has been adopted as the locally preferred alternative as part of the metropolitan transportation plan required under section 5303;
    (B) is based on the results of an analysis of the benefits of the project as set forth in paragraph (4); and
    (C) is supported by an acceptable degree of local financial commitment.
  • 49 U.S.C. § 5309(h)(4)
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    (4) In making a determination for a small start project under paragraph (3)(B), the Secretary shall analyze, evaluate, and consider the following evaluation criteria for the project (as compared to a no-action alternative): mobility improvements, environmental benefits, congestion relief, economic development effects associated with the project, policies and land use patterns that support public transportation and cost-effectiveness as measured by cost per rider.
  • 49 U.S.C. § 5309(h)(5)
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    (5) For purposes of paragraph (3)(C), the Secretary shall require that each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable.
  • 49 U.S.C. § 5309(h)(6)(A)
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    (A) In carrying out paragraphs (4) and (5) for a small start project, the Secretary shall evaluate and rate the project on a 5-point scale (high, medium-high, medium, medium-low, or low) based on an evaluation of the benefits of the project as compared to the Federal assistance to be provided and the degree of local financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established by this subsection and shall give comparable, but not necessarily equal, numerical weight to the benefits that the project will bring to the community in calculating the overall project rating.
  • 49 U.S.C. § 5309(h)(6)(B)
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    (B) At the request of the project sponsor, the Secretary shall evaluate and rate the project in accordance with paragraphs (4) and (5) and subparagraph (A) of this paragraph upon completion of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
  • 49 U.S.C. § 5309(h)(7)(A)
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    (A) The Secretary, to the maximum extent practicable, shall provide Federal assistance under this subsection in a single grant. If the Secretary cannot provide such a single grant, the Secretary may execute an expedited grant agreement in order to include a commitment on the part of the Secretary to provide funding for the project in future fiscal years.
  • 49 U.S.C. § 5309(h)(7)(B)
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    (B) In executing an expedited grant agreement under this subsection, the Secretary may include in the agreement terms similar to those established under subsection (k)(2).
  • 49 U.S.C. § 5309(h)(7)(C)
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    (C) At least 10 days before making a grant award or entering into a grant agreement for a project under this subsection, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate of the proposed grant or expedited grant agreement, as well as the evaluations and ratings for the project.
  • 49 U.S.C. § 5309(i)(1)(B)
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    (B) When an applicant submits a letter to the Secretary requesting entry of a project into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include a description of other projects for consideration for future funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project.
  • 49 U.S.C. § 5309(i)(1)(I)(i)
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    (i) Upon entering into a grant agreement for the initial project for which an applicant submits a future bundling request, the Secretary may issue a letter of intent to the applicant that announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects in the future bundling. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed.
  • 49 U.S.C. § 5309(i)(1)(I)(ii)
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    (ii) The amount that the Secretary announces an intention to obligate for an additional project in the future bundling request through a letter of intent issued under clause (i) shall be sufficient to complete at least an operable segment of the project.
  • 49 U.S.C. § 5309(i)(2)(B)
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    (B) An applicant may submit a letter to the Secretary requesting entry of multiple projects into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project.
  • 49 U.S.C. § 5309(i)(2)(I)(i)
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    (i) Upon entering into a grant agreement for the initial project for which an applicant submits a request, the Secretary may issue a letter of intent or single, combined grant agreement to the applicant.
  • 49 U.S.C. § 5309(i)(2)(I)(ii)(I)
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    (I) A letter of intent announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed.
  • 49 U.S.C. § 5309(i)(2)(I)(ii)(II)
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    (II) The amount that the Secretary announces an intention to obligate for an additional project in a letter of intent issued under clause (i) shall be sufficient to complete at least an operable segment of the project.
  • 49 U.S.C. § 5309(i)(3)
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    (3) When the Secretary issues rules or policy guidance under this section, the Secretary may request comment from the public regarding potential changes to the evaluation criteria for project justification and local financial commitment under subsections (d), (e), (f), and (h) for the purposes of streamlining the evaluation process for projects included in a future bundling request or an immediate bundling request, including changes to enable simultaneous evaluation of multiple projects under 1 or more evaluation criteria. Notwithstanding paragraphs (1)(H) and (2)(H), such criteria may be utilized for projects included in a future bundling request or an immediate bundling request under this subsection upon promulgation of the applicable rule or policy guidance.
  • 49 U.S.C. § 5309(j)
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    (j) Subsections (d) and (e) shall not apply to projects for which the Secretary has issued a letter of intent, approved entry into final design, entered into a full funding grant agreement, or entered into a project construction grant agreement before the date of enactment of the Federal Public Transportation Act of 2012.
  • 49 U.S.C. § 5309(k)(1)(A)
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    (A) The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a new fixed guideway capital project or core capacity improvement project, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. When a letter is issued for a capital project under this section, the amount shall be sufficient to complete at least an operable segment.
  • 49 U.S.C. § 5309(k)(2)(B)
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    (B) The Secretary shall enter into a full funding grant agreement, based on the evaluations and ratings required under subsection (d), (e), or (i), as applicable, with each grantee receiving assistance for a new fixed guideway capital project or core capacity improvement project that has been rated as high, medium-high, or medium, in accordance with subsection (g)(2)(A) or (i)(3)(B), as applicable.
  • 49 U.S.C. § 5309(k)(2)(D)(iii)
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    (iii) Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
  • 49 U.S.C. § 5309(k)(3)(A)
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    (A) The Secretary may enter into an early systems work agreement with an applicant if a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued on the project and the Secretary finds there is reason to believe—
    (i) a full funding grant agreement for the project will be made; and
    (ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost.
  • 49 U.S.C. § 5309(k)(3)(B)(i)
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    (i) An early systems work agreement under this paragraph obligates budget authority available under this chapter and title 23 and shall provide for reimbursement of preliminary costs of carrying out the project, including land acquisition, timely procurement of system elements for which specifications are decided, and other activities the Secretary decides are appropriate to make efficient, long-term project management easier.
  • 49 U.S.C. § 5309(k)(3)(B)(iii)
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    (iii) An early systems work agreement under this paragraph shall cover the period of time the Secretary considers appropriate. The period may extend beyond the period of current authorization.
  • 49 U.S.C. § 5309(k)(3)(B)(iv)
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    (iv) Interest and other financing costs of efficiently carrying out the early systems work agreement within a reasonable time are a cost of carrying out the agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
  • 49 U.S.C. § 5309(k)(3)(B)(v)
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    (v) If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the early systems work agreement.
  • 49 U.S.C. § 5309(k)(4)(A)
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    (A) The Secretary may enter into full funding grant agreements under this subsection for new fixed guideway capital projects and core capacity improvement projects that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.
  • 49 U.S.C. § 5309(k)(5)
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    (5) Not later than 15 days before issuing a letter of intent, entering into a full funding grant agreement, or entering into an early systems work agreement under this section, the Secretary shall notify, in writing, the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project.
  • 49 U.S.C. § 5309(l)(1)(A)
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    (A) Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost.
  • 49 U.S.C. § 5309(l)(2)
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    (2) The Secretary may adjust the final net capital project cost of a new fixed guideway capital project or core capacity improvement project evaluated under subsection (d), (e), or (i) to include the cost of eligible activities not included in the originally defined project if the Secretary determines that the originally defined project has been completed at a cost that is significantly below the original estimate.
  • 49 U.S.C. § 5309(l)(3)
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    (3) The Secretary may provide a higher grant percentage than requested by the grant recipient if—
    (A) the Secretary determines that the net capital project cost of the project is not more than 10 percent higher than the net capital project cost estimated at the time the project was approved for advancement into the engineering phase; and
    (B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into the engineering phase.
  • 49 U.S.C. § 5309(l)(3)(A)
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    (A) the Secretary determines that the net capital project cost of the project is not more than 10 percent higher than the net capital project cost estimated at the time the project was approved for advancement into the engineering phase; and
  • 49 U.S.C. § 5309(l)(5)
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    (5) Nothing in this section shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost.
  • 49 U.S.C. § 5309(l)(6)
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    (6) In addition to amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts provided by the Government were used and that the purchase was made for use on the extension. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time.
  • 49 U.S.C. § 5309(l)(7)
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    (7) This subsection shall not apply to projects for which the Secretary entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2012.
  • 49 U.S.C. § 5309(l)(8)
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    (8) For up to three fixed-guideway bus rapid transit projects each fiscal year the Secretary shall—
    (A) establish a Government share of at least 80 percent; and
    (B) not lower the project’s rating for degree of local financial commitment for purposes of subsections (d)(2)(A)(v) or (h)(3)(C) as a result of the Government share specified in this paragraph.
  • 49 U.S.C. § 5309(m)(1)
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    (1) The Secretary may pay the Government share of the net capital project cost to a State or local governmental authority that carries out any part of a project described in this section without the aid of amounts of the Government and according to all applicable procedures and requirements if—
    (A) the State or local governmental authority applies for the payment;
    (B) the Secretary approves the payment; and
    (C) before the State or local governmental authority carries out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section.
  • 49 U.S.C. § 5309(m)(1)(B)
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    (B) the Secretary approves the payment; and
  • 49 U.S.C. § 5309(m)(1)(C)
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    (C) before the State or local governmental authority carries out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section.
  • 49 U.S.C. § 5309(m)(2)(C)
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    (C) The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
  • 49 U.S.C. § 5309(n)(1)
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    (1) An amount made available or appropriated for a new fixed guideway capital project or core capacity improvement project shall remain available to that project for 4 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any amounts that are unobligated to the project at the end of the 4-fiscal-year period may be used by the Secretary for any purpose under this section.
  • 49 U.S.C. § 5309(o)(1)
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    (1) 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 and the Committee on Appropriations of the House of Representatives a report that includes—
    (A) a proposal of allocations of amounts to be available to finance grants for projects under this section among applicants for these amounts;
    (B) evaluations and ratings, as required under subsections (d), (e), and (i), for each such project that is in project development, engineering, or has received a full funding grant agreement; and
    (C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
  • 49 U.S.C. § 5309(o)(1)(C)
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    (C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
  • 49 U.S.C. § 5309(o)(2)(A)(i)(II)
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    (II) the Secretary’s implementation of such processes and procedures;
  • 49 U.S.C. § 5309(p)
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    (p) For the purposes of calculating the cost effectiveness of a project described in subsection (d) or (e), the Secretary shall not reduce or eliminate the capital costs of art and non-functional landscaping elements from the annualized capital cost calculation.
  • 49 U.S.C. § 5309(q)(1)
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    (1) The Secretary may make grants for new fixed guideway capital projects and core capacity improvement projects that provide both public transportation and intercity passenger rail service.
  • 49 U.S.C. § 5309(q)(2)
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    (2) Eligible costs for a project under this subsection shall be limited to the net capital costs of the public transportation costs attributable to the project based on projected use of the new segment or expanded capacity of the project corridor, not including project elements designed to achieve or maintain a state of good repair, as determined by the Secretary under paragraph (4).
  • 49 U.S.C. § 5309(q)(4)
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    (4) The Secretary shall estimate the net capital costs of a project under this subsection based on—
    (A) engineering studies;
    (B) studies of economic feasibility;
    (C) the expected use of equipment or facilities; and
    (D) the public transportation costs attributable to the project.
  • 49 U.S.C. § 5309(r)(1)
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    (1) The Secretary shall make publicly available in an easily identifiable location on the website of the Department of Transportation a dashboard containing the following information for each project seeking a grant agreement under this section:
    (A) Project name.
    (B) Project sponsor.
    (C) City or urbanized area and State in which the project will be located.
    (D) Project type.
    (E) Project mode.
    (F) Project length and number of stops, including length of exclusive bus rapid transit lanes, if applicable.
    (G) Anticipated total project cost.
    (H) Anticipated share of project costs to be sought under this section.
    (I) Date of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (J) Date on which the project entered the project development phase.
    (K) Date on which the project entered the engineering phase, if applicable.
    (L) Date on which a Letter of No Prejudice was requested, and date on which a Letter of No Prejudice was issued or denied, if applicable.
    (M) Date of the applicant’s most recent project ratings, including date of request for updated ratings, if applicable.
    (N) Status of the project sponsor in securing non-Federal matching funds.
    (O) Date on which a project grant agreement is anticipated to be executed.
  • 49 U.S.C. § 5309(r)(2)
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    (2) The Secretary shall update the information provided under paragraph (1) not less frequently than monthly.
  • 49 U.S.C. § 5309(r)(3)
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    (3) The Secretary shall continue to make profiles for projects that have applied for or are receiving assistance under this section publicly available in an easily identifiable location on the website of the Department of Transportation, in the same manner as the Secretary did as of the day before the date of enactment of this subsection.
  • 49 U.S.C. § 5310(b)(1)
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    (1) 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.
  • 49 U.S.C. § 5310(b)(5)(A)
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    (A) To the maximum extent feasible, the Secretary shall coordinate activities under this section with related activities under other Federal departments and agencies.
  • 49 U.S.C. § 5310(b)(6)(B)
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    (B) A recipient shall annually submit a program of projects to the Secretary.
  • 49 U.S.C. § 5310(c)(1)
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    (1) The Secretary shall apportion amounts made available to carry out this section as follows:
    (A) 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) 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) 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.
  • 49 U.S.C. § 5310(d)(1)
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    (1) 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.
  • 49 U.S.C. § 5310(d)(2)
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    (2) 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.
  • 49 U.S.C. § 5310(e)(1)
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    (1) 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.
  • 49 U.S.C. § 5310(h)(1)
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    (1) 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.
  • 49 U.S.C. § 5310(h)(2)(D)
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    (D) other measures, as the Secretary determines is appropriate.
  • 49 U.S.C. § 5310(i)
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    (i) 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.
  • 49 U.S.C. § 5311(b)(1)
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    (1) Except as provided by paragraph (2), the Secretary may award grants under this section to recipients located in rural areas for—
    (A) planning, provided that a grant under this section for planning activities shall be in addition to funding awarded to a State under section 5305 for planning activities that are directed specifically at the needs of rural areas in the State;
    (B) public transportation capital projects;
    (C) operating costs of equipment and facilities for use in public transportation;
    (D) job access and reverse commute projects; and
    (E) the acquisition of public transportation services, including service agreements with private providers of public transportation service.
  • 49 U.S.C. § 5311(b)(2)(B)
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    (B) Each State shall submit to the Secretary annually the program described in subparagraph (A).
  • 49 U.S.C. § 5311(b)(2)(C)
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    (C) The Secretary may not approve the program unless the Secretary determines that—
    (i) the program provides a fair distribution of amounts in the State, including Indian reservations; and
    (ii) the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources.
  • 49 U.S.C. § 5311(b)(3)(A)
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    (A) The Secretary shall carry out a rural transportation assistance program in rural areas.
  • 49 U.S.C. § 5311(b)(3)(B)
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    (B) In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available under section 5338(a)(2)(F) to make grants and contracts for transportation research, technical assistance, training, and related support services in rural areas.
  • 49 U.S.C. § 5311(b)(3)(C)
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    (C) Not more than 15 percent of the amounts available under subparagraph (B) may be used by the Secretary to carry out competitively selected projects of a national scope, with the remaining balance provided to the States.
  • 49 U.S.C. § 5311(b)(4)
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    (4) Each recipient under this section shall submit an annual report to the Secretary containing information on capital investment, operations, and service provided with funds received under this section, including—
    (A) total annual revenue;
    (B) sources of revenue;
    (C) total annual operating costs;
    (D) total annual capital costs;
    (E) fleet size and type, and related facilities;
    (F) vehicle revenue miles; and
    (G) ridership.
  • 49 U.S.C. § 5311(c)(2)
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    (2) For each fiscal year, the amounts made available under paragraph (1)(A) shall be apportioned for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary, of which—
    (A) 20 percent shall be distributed by the Secretary on a competitive basis; and
    (B) 80 percent shall be apportioned as formula grants as provided in subsection (j).
  • 49 U.S.C. § 5311(c)(2)(A)
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    (A) 20 percent shall be distributed by the Secretary on a competitive basis; and
  • 49 U.S.C. § 5311(c)(3)(B)
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    (B) The Secretary shall carry out a public transportation assistance program in the Appalachian region.
  • 49 U.S.C. § 5311(c)(3)(C)
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    (C) Of amounts made available or appropriated for each fiscal year under section 5338(a)(2)(F) to carry out this paragraph, the Secretary shall apportion funds to eligible recipients for any purpose eligible under this section, based on the guidelines established under section 9.5(b) of the Appalachian Regional Commission Code.
  • 49 U.S.C. § 5311(d)
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    (d) A State may use an amount apportioned under this section for a project included in a program under subsection (b) of this section and eligible for assistance under this chapter if the project will provide local transportation service, as defined by the Secretary of Transportation, in a rural area.
  • 49 U.S.C. § 5311(e)
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    (e) The Secretary may allow a State to use not more than 10 percent of the amount apportioned under this section to administer this section and provide technical assistance to a subrecipient, including project planning, program and management development, coordination of public transportation programs, and research the State considers appropriate to promote effective delivery of public transportation to a rural area.
  • 49 U.S.C. § 5311(f)(2)
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    (2) A State does not have to comply with paragraph (1) of this subsection in a fiscal year in which the Governor of the State certifies to the Secretary, after consultation with affected intercity bus service providers, that the intercity bus service needs of the State are being met adequately.
  • 49 U.S.C. § 5311(g)(1)(A)
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    (A) Except as provided by subparagraph (B), a grant awarded under this section for a capital project or project administrative expenses shall be for 80 percent of the net costs of the project, as determined by the Secretary.
  • 49 U.S.C. § 5311(g)(2)(A)
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    (A) Except as provided by subparagraph (B), a grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary.
  • 49 U.S.C. § 5311(i)(1)
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    (1) Section 5333(b) applies to this section if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees.
  • 49 U.S.C. § 5311(i)(2)
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    (2) This subsection does not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States.
  • 49 U.S.C. § 5311(j)(1)(A)(i)
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    (i) 50 percent of the total amount shall be apportioned so that each Indian tribe providing public transportation service shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of vehicle revenue miles provided by an Indian tribe divided by the total number of vehicle revenue miles provided by all Indian tribes, as reported to the Secretary;
  • 49 U.S.C. § 5311(j)(1)(A)(ii)
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    (ii) 25 percent of the total amount shall be apportioned equally among each Indian tribe providing at least 200,000 vehicle revenue miles of public transportation service annually, as reported to the Secretary; and
  • 49 U.S.C. § 5311(j)(1)(E)
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    (E) If more than 1 Indian tribe provides public transportation service on tribal lands in a single Tribal Statistical Area, and the Indian tribes do not determine how to allocate the funds apportioned under clause (iii) of subparagraph (A) between the Indian tribes, the Secretary shall allocate the funds so that each Indian tribe shall receive an amount equal to the total amount apportioned under such clause (iii) multiplied by the ratio of the number of annual unlinked passenger trips provided by each Indian tribe, as reported to the National Transit Database, to the total unlinked passenger trips provided by all Indian tribes in the Tribal Statistical Area.
  • 49 U.S.C. § 5312(a)
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    (a) The Secretary shall provide assistance for projects and activities to advance innovative public transportation research and development in accordance with the requirements of this section.
  • 49 U.S.C. § 5312(b)(1)
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    (1) The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements for research, development, demonstration, and deployment projects, and evaluation of research and technology of national significance to public transportation, that the Secretary determines will improve public transportation.
  • 49 U.S.C. § 5312(b)(2)
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    (2) In order to carry out paragraph (1), the Secretary may make grants to and enter into contracts, cooperative agreements, and other agreements with—
    (A) departments, agencies, and instrumentalities of the Government, including Federal laboratories;
    (B) State and local governmental entities;
    (C) providers of public transportation;
    (D) private or non-profit organizations;
    (E) institutions of higher education; and
    (F) technical and community colleges.
  • 49 U.S.C. § 5312(b)(3)(A)
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    (A) To receive a grant, contract, cooperative agreement, or other agreement under this section, an entity described in paragraph (2) shall submit an application to the Secretary.
  • 49 U.S.C. § 5312(b)(3)(B)
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    (B) An application under subparagraph (A) shall be in such form and contain such information as the Secretary may require, including—
    (i) a statement of purpose detailing the need being addressed;
    (ii) the short- and long-term goals of the project, including opportunities for future innovation and development, the potential for deployment, and benefits to riders and public transportation; and
    (iii) the short- and long-term funding requirements to complete the project and any future objectives of the project.
  • 49 U.S.C. § 5312(b)(4)(A)
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    (A) The Secretary shall establish and implement a program under this subsection to promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital construction management systems, practices, performance, and benefits.
  • 49 U.S.C. § 5312(c)(1)
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    (1) The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation research project that has as its ultimate goal the development and deployment of new and innovative ideas, practices, and approaches.
  • 49 U.S.C. § 5312(c)(2)(N)
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    (N) any other area that the Secretary determines is important to advance the interests of public transportation.
  • 49 U.S.C. § 5312(d)(1)
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    (1) The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation innovation and development project that seeks to improve public transportation systems nationwide in order to provide more efficient and effective delivery of public transportation services, including through technology and technological capacity improvements.
  • 49 U.S.C. § 5312(d)(2)(A)
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    (A) the development of public transportation research projects that received assistance under subsection (c) that the Secretary determines were successful;
  • 49 U.S.C. § 5312(d)(2)(H)
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    (H) any other area that the Secretary determines is important to advance the interests of public transportation.
  • 49 U.S.C. § 5312(e)(1)
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    (1) The Secretary may, under terms and conditions that the Secretary prescribes, make a grant to or enter into a contract, cooperative agreement, or other agreement with an entity described in paragraph (2) to promote the early deployment and demonstration of innovation in public transportation that has broad applicability.
  • 49 U.S.C. § 5312(e)(4)
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    (4) Not later than 2 years after the date on which a project receives assistance under paragraph (1), the Secretary shall conduct a comprehensive evaluation of the success or failure of the projects funded under this subsection and any plan for broad-based implementation of the innovation promoted by successful projects.
  • 49 U.S.C. § 5312(e)(5)
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    (5) The Secretary may not make grants under this subsection for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the Secretary determines that the project makes significant technological advancements in the vehicle.
  • 49 U.S.C. § 5312(e)(6)(B)(i)
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    (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
  • 49 U.S.C. § 5312(f)(1)
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    (1) Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes—
    (A) a description of each project that received assistance under this section during the preceding fiscal year;
    (B) an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year; and
    (C) a strategic research roadmap proposal for allocations of amounts for assistance under this section for the current and subsequent fiscal year, including anticipated work areas, proposed demonstrations and strategic partnership opportunities;
  • 49 U.S.C. § 5312(f)(2)
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    (2) Not less than every 3 months, the Secretary shall update on the Web site of the Department of Transportation the information described in paragraph (1)(C) to reflect any changes to the Secretary’s plans to make assistance available under this section.
  • 49 U.S.C. § 5312(f)(3)
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    (3) The Secretary is encouraged to develop long-term research plans and shall identify in the annual report under paragraph (1) and in updates under paragraph (2) allocations of amounts for assistance and notices of funding opportunities to execute long-term strategic research roadmap plans.
  • 49 U.S.C. § 5312(g)(1)
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    (1) The Government share of the cost of a project carried out under this section shall not exceed 80 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share.
  • 49 U.S.C. § 5312(g)(3)
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    (3) If the Secretary determines that there would be a clear and direct financial benefit to an entity under a grant, contract, cooperative agreement, or other agreement under this section, the Secretary shall establish a Government share of the costs of the project to be carried out under the grant, contract, cooperative agreement, or other agreement that is consistent with the benefit.
  • 49 U.S.C. § 5312(h)(1)(A)
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    (A) the term “covered institution of higher education” means an institution of higher education with which the Secretary enters into a contract or cooperative agreement, or to which the Secretary makes a grant, under paragraph (2)(B) to operate a facility selected under paragraph (2)(A);
  • 49 U.S.C. § 5312(h)(2)(A)
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    (A) The Secretary shall competitively select at least 1 facility—
    (i) to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles; and
    (ii) to conduct directed technology research.
  • 49 U.S.C. § 5312(h)(2)(B)(i)
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    (i) The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, at least 1 institution of higher education to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emission vehicle components, and new and emerging technology components, intended for use in low or no emission vehicles.
  • 49 U.S.C. § 5312(h)(2)(C)
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    (C) A covered institution of higher education shall establish and collect fees, which shall be approved by the Secretary, for the assessment of low or no emission vehicle components at the applicable facility selected under subparagraph (A).
  • 49 U.S.C. § 5312(h)(2)(D)
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    (D) The Secretary shall enter into a contract or cooperative agreement with, or make a grant to an institution of higher education under which—
    (i) the Secretary shall pay 50 percent of the cost of assessing a low or no emission vehicle component at the applicable facility selected under subparagraph (A) from amounts made available to carry out this section; and
    (ii) the remaining 50 percent of such cost shall be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C).
  • 49 U.S.C. § 5312(h)(2)(D)(i)
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    (i) the Secretary shall pay 50 percent of the cost of assessing a low or no emission vehicle component at the applicable facility selected under subparagraph (A) from amounts made available to carry out this section; and
  • 49 U.S.C. § 5312(h)(3)
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    (3) Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2015, and annually thereafter, the Secretary shall issue a report on low or no emission vehicle component assessments conducted at each facility selected under paragraph (2)(A), which shall include information related to the maintainability, reliability, performance, structural integrity, efficiency, and noise of those low or no emission vehicle components, as applicable.
  • 49 U.S.C. § 5312(i)(2)(A)
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    (A) The Secretary shall establish an independent governing board for the program under this subsection.
  • 49 U.S.C. § 5312(i)(2)(B)
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    (B) The board shall recommend public transportation research, development, and technology transfer activities the Secretary considers appropriate.
  • 49 U.S.C. § 5312(i)(3)
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    (3) The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out activities under this subsection that the Secretary considers appropriate.
  • 49 U.S.C. § 5312(i)(4)
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    (4) If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this subsection, the Secretary shall establish a Government share consistent with that benefit.
  • 49 U.S.C. § 5314(a)(1)(A)
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    (A) 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.
  • 49 U.S.C. § 5314(a)(2)
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    (2) 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.
  • 49 U.S.C. § 5314(a)(2)(I)
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    (I) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation.
  • 49 U.S.C. § 5314(a)(3)
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    (3) 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).
  • 49 U.S.C. § 5314(b)(1)
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    (1) 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.
  • 49 U.S.C. § 5314(b)(2)(A)
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    (A) The Secretary shall establish a competitive grant program to assist the development of innovative activities eligible for assistance under paragraph (1).
  • 49 U.S.C. § 5314(b)(2)(C)
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    (C) 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).
  • 49 U.S.C. § 5314(b)(2)(D)(iv)
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    (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
  • 49 U.S.C. § 5314(b)(2)(E)
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    (E) 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.
  • 49 U.S.C. § 5314(b)(4)
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    (4) 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.
  • 49 U.S.C. § 5314(c)(1)
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    (1) 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.
  • 49 U.S.C. § 5314(c)(3)(A)
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    (A) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or
  • 49 U.S.C. § 5314(c)(3)(B)
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    (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.
  • 49 U.S.C. § 5314(c)(4)(A)
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    (A) 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.
  • 49 U.S.C. § 5314(c)(4)(B)
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    (B) 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.
  • 49 U.S.C. § 5315(a)
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    (a) 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.
  • 49 U.S.C. § 5315(b)
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    (b) 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.
  • 49 U.S.C. § 5315(c)
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    (c) 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.
  • 49 U.S.C. § 5318(a)
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    (a) 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.
  • 49 U.S.C. § 5318(b)
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    (b) 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.
  • 49 U.S.C. § 5318(c)
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    (c) 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.
  • 49 U.S.C. § 5318(d)
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    (d) 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.
  • 49 U.S.C. § 5318(e)(1)(B)(i)
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    (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
  • 49 U.S.C. § 5318(e)(1)(B)(ii)
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    (ii) the minimum safety performance standards established by the Secretary pursuant to section 5329(b).
  • 49 U.S.C. § 5318(e)(2)
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    (2) 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 paragraph1 (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 purchaser’s specific requirements.
  • 49 U.S.C. § 5321
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    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.
  • 49 U.S.C. § 5323(a)(1)(A)
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    (A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306;
  • 49 U.S.C. § 5323(a)(1)(B)
    Go to provision →
    (B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and
  • 49 U.S.C. § 5323(c)(1)
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    (1) The Secretary shall cooperate and consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency on each project that may have a substantial impact on the environment.
  • 49 U.S.C. § 5323(d)(1)
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    (1) Financial assistance under this chapter may be used to buy or operate a bus only if the applicant, governmental authority, or publicly owned operator that receives the assistance agrees that, except as provided in the agreement, the governmental authority or an operator of public transportation for the governmental authority will not provide charter bus transportation service outside the urban area in which it provides regularly scheduled public transportation service. An agreement shall provide for a fair arrangement the Secretary of Transportation considers appropriate to ensure that the assistance will not enable a governmental authority or an operator for a governmental authority to foreclose a private operator from providing intercity charter bus service if the private operator can provide the service.
  • 49 U.S.C. § 5323(d)(2)(A)
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    (A) On receiving a complaint about a violation of the agreement required under paragraph (1), the Secretary shall investigate and decide whether a violation has occurred.
  • 49 U.S.C. § 5323(d)(2)(B)
    Go to provision →
    (B) If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement.
  • 49 U.S.C. § 5323(d)(2)(C)
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    (C) In addition to any remedy specified in the agreement, the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement.
  • 49 U.S.C. § 5323(e)(2)
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    (2) The Secretary shall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost only if the Secretary finds that the aggregate amount of financial support for public transportation in the urbanized area provided by the State and affected local governmental authorities during the next 3 fiscal years, as programmed in the State transportation improvement program under section 5304, is not less than the aggregate amount provided by the State and affected local governmental authorities in the urbanized area during the preceding 3 fiscal years.
  • 49 U.S.C. § 5323(e)(3)
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    (3) The Secretary may reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(4)(J) from amounts made available to the recipient under section 5309.
  • 49 U.S.C. § 5323(f)(2)
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    (2) If the Secretary finds that an applicant, governmental authority, or publicly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate.
  • 49 U.S.C. § 5323(i)(1)(B)
    Go to provision →
    (B) A grant for a project to be assisted under this chapter that involves acquiring vehicle-related equipment or facilities required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle-related equipment or facilities) for purposes of complying with or maintaining compliance with the Clean Air Act, is for 90 percent of the net project cost of such equipment or facilities attributable to compliance with those Acts. The Secretary shall have discretion to determine, through practicable administrative procedures, the costs of such equipment or facilities attributable to compliance with those Acts.
  • 49 U.S.C. § 5323(j)(1)
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    (1) The Secretary may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States.
  • 49 U.S.C. § 5323(j)(2)
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    (2) The Secretary may waive paragraph (1) of this subsection if the Secretary finds that—
    (A) applying paragraph (1) would be inconsistent with the public interest;
    (B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
    (C) when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter—
    (i) the cost of components and subcomponents produced in the United States—
    (I) for fiscal years 2016 and 2017, is more than 60 percent of the cost of all components of the rolling stock;
    (II) for fiscal years 2018 and 2019, is more than 65 percent of the cost of all components of the rolling stock; and
    (III) for fiscal year 2020 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the rolling stock; and
    (ii) final assembly of the rolling stock has occurred in the United States; or
    (D) including domestic material will increase the cost of the overall project by more than 25 percent.
  • 49 U.S.C. § 5323(j)(3)(A)
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    (A) Before issuing a waiver under paragraph (2), the Secretary shall—
    (i) publish in the Federal Register and make publicly available in an easily identifiable location on the website of the Department of Transportation a detailed written explanation of the waiver determination; and
    (ii) provide the public with a reasonable period of time for notice and comment.
  • 49 U.S.C. § 5323(j)(3)(B)
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    (B) Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, and annually thereafter, 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 listing any waiver issued under paragraph (2) during the preceding year.
  • 49 U.S.C. § 5323(j)(5)
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    (5) In carrying out paragraph (2)(C) in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than $300,000, if rolling stock frames or car shells are not produced in the United States, the Secretary shall include in the calculation of the domestic content of the rolling stock the cost of steel or iron that is produced in the United States and used in the rolling stock frames or car shells.
  • 49 U.S.C. § 5323(j)(6)(A)
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    (A) If the Secretary denies an application for a waiver under paragraph (2), the Secretary shall provide to the applicant a written certification that—
    (i) the steel, iron, or manufactured goods, as applicable, (referred to in this subparagraph as the “item”) is produced in the United States in a sufficient and reasonably available amount;
    (ii) the item produced in the United States is of a satisfactory quality; and
    (iii) includes a list of known manufacturers in the United States from which the item can be obtained.
  • 49 U.S.C. § 5323(j)(6)(B)
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    (B) The Secretary shall disclose the waiver denial and the written certification to the public in an easily identifiable location on the website of the Department of Transportation.
  • 49 U.S.C. § 5323(j)(7)
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    (7) The Secretary may not make a waiver under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country—
    (A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
    (B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United States and to which the agreement applies.
  • 49 U.S.C. § 5323(j)(7)(A)
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    (A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
  • 49 U.S.C. § 5323(j)(9)
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    (9) The Secretary may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried out with that assistance or restricts a recipient of that assistance from complying with those State-imposed requirements.
  • 49 U.S.C. § 5323(j)(10)
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    (10) The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier.
  • 49 U.S.C. § 5323(l)(1)
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    (1) Section 1001 of title 18 applies to a certificate, submission, or statement provided under this chapter. The Secretary may terminate financial assistance under this chapter and seek reimbursement directly, or by offsetting amounts, available under this chapter if the Secretary determines that a recipient of such financial assistance has made a false or fraudulent statement or related act in connection with a Federal public transportation program.
  • 49 U.S.C. § 5323(m)
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    (m) The Secretary shall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compliance with Government motor vehicle safety requirements, subsection (j) of this section, and bid specifications requirements of grant recipients under this chapter. Under this subsection, independent inspections and review are required, and a manufacturer certification is not sufficient. Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving rural areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser’s requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations.
  • 49 U.S.C. § 5323(n)
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    (n) A certification required under this chapter and any additional certification or assurance required by law or regulation to be submitted to the Secretary may be consolidated into a single document to be submitted annually as part of a grant application under this chapter. The Secretary shall publish annually a list of all certifications required under this chapter with the publication required under section 5336(d)(2).
  • 49 U.S.C. § 5323(q)(1)
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    (1) The Secretary may assist a recipient in acquiring right-of-way before the completion of the environmental reviews for any project that may use the right-of-way if the acquisition is otherwise permitted under Federal law.
  • 49 U.S.C. § 5323(t)
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    (t) If, in a fiscal year, the Secretary is prohibited by law from enforcing regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency that during fiscal year 2008 was both initially granted a 60-day period to come into compliance with such part 604, and then was subsequently granted an exception from such part—
    (1) the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for such fiscal year; and
    (2) any amounts withheld pursuant to paragraph (1) shall be added to the amount that the Secretary may apportion under section 5336 in the following fiscal year.
  • 49 U.S.C. § 5323(t)(2)
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    (2) any amounts withheld pursuant to paragraph (1) shall be added to the amount that the Secretary may apportion under section 5336 in the following fiscal year.
  • 49 U.S.C. § 5323(u)(4)(B)
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    (B) The certification required under this paragraph shall be in addition to any certification the Secretary establishes to ensure compliance with the requirements of paragraph (1).
  • 49 U.S.C. § 5323(v)(2)(C)
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    (C) utilize the approach described in any voluntary standards and best practices for rail fixed guideway public transportation systems developed under the authority of the Secretary of Homeland Security, as applicable.
  • 49 U.S.C. § 5323(v)(3)(A)
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    (A) the Secretary of Homeland Security to publish or ensure compliance with requirements or standards concerning cybersecurity for rail fixed guideway public transportation systems; or
  • 49 U.S.C. § 5323(v)(3)(B)
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    (B) the Secretary of Transportation under section 5329 to address cybersecurity issues as those issues relate to the safety of rail fixed guideway public transportation systems.
  • 49 U.S.C. § 5324(a)(2)(A)
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    (A) the Governor of a State has declared an emergency and the Secretary has concurred; or
  • 49 U.S.C. § 5324(b)
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    (b) The Secretary may make grants and enter into contracts and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) for—
    (1) capital projects to protect, repair, reconstruct, or replace equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage, as a result of an emergency; and
    (2) eligible operating costs of public transportation equipment and facilities in an area directly affected by an emergency during—
    (A) the 1-year period beginning on the date of a declaration described in subsection (a)(2); or
    (B) if the Secretary determines there is a compelling need, the 2-year period beginning on the date of a declaration described in subsection (a)(2).
  • 49 U.S.C. § 5324(b)(1)
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    (1) capital projects to protect, repair, reconstruct, or replace equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage, as a result of an emergency; and
  • 49 U.S.C. § 5324(b)(2)(B)
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    (B) if the Secretary determines there is a compelling need, the 2-year period beginning on the date of a declaration described in subsection (a)(2).
  • 49 U.S.C. § 5324(c)(3)
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    (3) The Secretary shall notify the Secretary of Homeland Security of the purpose and amount of any grant made or contract or other agreement entered into under this section.
  • 49 U.S.C. § 5324(d)(1)
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    (1) subject to the terms and conditions the Secretary determines are necessary; and
  • 49 U.S.C. § 5324(e)(1)
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    (1) A grant, contract, or other agreement for a capital project or eligible operating costs under this section shall be, at the option of the recipient, for not more than 80 percent of the net project cost, as determined by the Secretary.
  • 49 U.S.C. § 5324(e)(3)
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    (3) The Secretary may waive, in whole or part, the non-Federal share required under—
    (A) paragraph (2); or
    (B) section 5307 or 5311, in the case of a grant made available under section 5307 or 5311, respectively, to address an emergency.
  • 49 U.S.C. § 5324(f)(1)
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    (1) submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application; and
  • 49 U.S.C. § 5324(f)(2)
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    (2) certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application.
  • 49 U.S.C. § 5325(a)
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    (a) Recipients of assistance under this chapter shall conduct all procurement transactions in a manner that provides full and open competition as determined by the Secretary.
  • 49 U.S.C. § 5325(e)(2)
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    (2) The Secretary shall allow recipients to act on a cooperative basis to procure rolling stock in compliance with this subsection and other Government procurement requirements.
  • 49 U.S.C. § 5325(g)
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    (g) Upon request, the Secretary and the Comptroller General, or any of their representatives, shall have access to and the right to examine and inspect all records, documents, and papers, including contracts, related to a project for which a grant is made under this chapter.
  • 49 U.S.C. § 5326(b)
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    (b) 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.
  • 49 U.S.C. § 5326(c)(1)
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    (1) 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).
  • 49 U.S.C. § 5326(c)(2)
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    (2) 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.
  • 49 U.S.C. § 5326(c)(3)
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    (3) 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.
  • 49 U.S.C. § 5326(d)
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    (d) 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).
  • 49 U.S.C. § 5327(a)
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    (a) 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 recipient’s commitment to submit a project budget and project schedule to the Secretary quarterly; and
    (13) safety and security management.
  • 49 U.S.C. § 5327(a)(12)
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    (12) the recipient’s commitment to submit a project budget and project schedule to the Secretary quarterly; and
  • 49 U.S.C. § 5327(b)(1)
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    (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.
  • 49 U.S.C. § 5327(b)(2)
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    (2) The Secretary shall inform the recipient of the reasons when a plan is disapproved.
  • 49 U.S.C. § 5327(c)
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    (c) 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)1 with access to the construction sites and records of the recipient when reasonably necessary.
  • 49 U.S.C. § 5327(d)
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    (d) 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).
  • 49 U.S.C. § 5327(d)(2)(A)
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    (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
  • 49 U.S.C. § 5327(d)(2)(B)
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    (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
  • 49 U.S.C. § 5327(d)(3)
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    (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).
  • 49 U.S.C. § 5329(b)(1)
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    (1) 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.
  • 49 U.S.C. § 5329(b)(2)(C)(i)
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    (i) do not apply to rolling stock otherwise regulated by the Secretary or any other Federal agency; and
  • 49 U.S.C. § 5329(b)(2)(D)
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    (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));
  • 49 U.S.C. § 5329(b)(2)(E)(ii)(V)
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    (V) any additional information that the Secretary determines necessary and appropriate;
  • 49 U.S.C. § 5329(b)(3)
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    (3) 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.
  • 49 U.S.C. § 5329(c)
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    (c) 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.
  • 49 U.S.C. § 5329(d)(3)(B)
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    (B) 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.
  • 49 U.S.C. § 5329(e)(3)
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    (3) 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).
  • 49 U.S.C. § 5329(e)(3)(D)
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    (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;
  • 49 U.S.C. § 5329(e)(4)(B)
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    (B) 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.
  • 49 U.S.C. § 5329(e)(5)(A)
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    (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
  • 49 U.S.C. § 5329(e)(5)(B)
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    (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.
  • 49 U.S.C. § 5329(e)(6)(A)
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    (A) 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.
  • 49 U.S.C. § 5329(e)(6)(B)(i)
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    (i) 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.
  • 49 U.S.C. § 5329(e)(6)(B)(ii)
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    (ii) 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.
  • 49 U.S.C. § 5329(e)(7)(A)
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    (A) 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.
  • 49 U.S.C. § 5329(e)(7)(B)
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    (B) 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.
  • 49 U.S.C. § 5329(e)(7)(C)
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    (C) 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.
  • 49 U.S.C. § 5329(e)(7)(D)
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    (D) 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.
  • 49 U.S.C. § 5329(e)(7)(D)(ii)(I)
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    (I) withhold funds available under paragraph (6) in an amount determined by the Secretary;
  • 49 U.S.C. § 5329(e)(8)(A)
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    (A) 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.
  • 49 U.S.C. § 5329(e)(8)(B)
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    (B) 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.
  • 49 U.S.C. § 5329(e)(8)(B)(ii)
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    (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.
  • 49 U.S.C. § 5329(e)(8)(C)
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    (C) 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.
  • 49 U.S.C. § 5329(e)(8)(C)(i)
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    (i) withhold funds available under paragraph (6) in an amount determined by the Secretary;
  • 49 U.S.C. § 5329(e)(8)(D)
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    (D) 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.
  • 49 U.S.C. § 5329(e)(9)
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    (9) 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.
  • 49 U.S.C. § 5329(e)(10)
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    (10) 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.
  • 49 U.S.C. § 5329(e)(11)
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    (11) 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.
  • 49 U.S.C. § 5329(f)
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    (f) 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.
  • 49 U.S.C. § 5329(f)(3)(A)
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    (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
  • 49 U.S.C. § 5329(f)(3)(B)(ii)
    Go to provision →
    (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);
  • 49 U.S.C. § 5329(g)(1)
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    (1) 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.
  • 49 U.S.C. § 5329(g)(1)(B)
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    (B) requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary;
  • 49 U.S.C. § 5329(g)(1)(D)
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    (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
  • 49 U.S.C. § 5329(g)(2)(A)
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    (A) 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.
  • 49 U.S.C. § 5329(g)(2)(B)
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    (B) 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.
  • 49 U.S.C. § 5329(g)(2)(B)(ii)
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    (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.
  • 49 U.S.C. § 5329(h)(1)
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    (1) 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.
  • 49 U.S.C. § 5329(h)(3)
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    (3) Nothing in this subsection shall be construed as limiting the Secretary’s authority to maintain a restriction or prohibition for as long as is necessary to ensure that the risk has been substantially addressed.
  • 49 U.S.C. § 5329(i)
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    (i) 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.
  • 49 U.S.C. § 5329(j)(1)(A)
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    (A) a Federal standard of care established by a regulation or order issued by the Secretary under this section; or
  • 49 U.S.C. § 5329(j)(1)(B)
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    (B) its own program, rule, or standard that it created pursuant to a rule or order issued by the Secretary.
  • 49 U.S.C. § 5329(k)(4)
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    (4) 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.
  • 49 U.S.C. § 5329(k)(5)
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    (5) 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.
  • 49 U.S.C. § 5329(k)(6)
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    (6) 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.
  • 49 U.S.C. § 5331(a)(1)
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    (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.
  • 49 U.S.C. § 5331(a)(3)
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    (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.
  • 49 U.S.C. § 5331(b)(1)(A)
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    (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.
  • 49 U.S.C. § 5331(b)(1)(B)
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    (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.
  • 49 U.S.C. § 5331(b)(2)
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    (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.
  • 49 U.S.C. § 5331(c)(1)
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    (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.
  • 49 U.S.C. § 5331(d)
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    (d) 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 individual’s 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.
  • 49 U.S.C. § 5331(d)(6)
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    (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;
  • 49 U.S.C. § 5331(e)
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    (e) 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.
  • 49 U.S.C. § 5331(f)(2)
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    (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.
  • 49 U.S.C. § 5331(g)(1)
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    (1) 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.
  • 49 U.S.C. § 5331(g)(2)
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    (2) 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.
  • 49 U.S.C. § 5332(c)(1)
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    (1) The Secretary shall take affirmative action to ensure compliance with subsection (b) of this section.
  • 49 U.S.C. § 5332(c)(2)
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    (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).
  • 49 U.S.C. § 5332(d)
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    (d) 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.
  • 49 U.S.C. § 5333(a)
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    (a) 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.
  • 49 U.S.C. § 5333(b)(1)
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    (1) As a condition of financial assistance under sections 5307–5312, 5316,1 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 5307–5312, 5316,1 5318, 5323(a)(1), 5323(b), 5323(d), 5328,1 5337, and 5338(b) shall specify the arrangements.
  • 49 U.S.C. § 5333(b)(4)
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    (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.
  • 49 U.S.C. § 5333(b)(5)
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    (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 Labor’s decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.
  • 49 U.S.C. § 5334(a)
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    (a) In carrying out this chapter, the Secretary of Transportation may—
    (1) prescribe terms for a project that receives Federal financial assistance under this chapter (except terms the Secretary of Labor prescribes under section 5333(b) of this title);
    (2) sue and be sued;
    (3) foreclose on property or bring a civil action to protect or enforce a right conferred on the Secretary of Transportation by law or agreement;
    (4) buy property related to a loan under this chapter;
    (5) agree to pay an annual amount in place of a State or local tax on real property acquired or owned under this chapter;
    (6) sell, exchange, or lease property, a security, or an obligation;
    (7) obtain loss insurance for property and assets the Secretary of Transportation holds;
    (8) consent to a modification in an agreement under this chapter;
    (9) include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter;
    (10) collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote public transportation and credit amounts collected to the appropriation concerned; and
    (11) issue regulations as necessary to carry out the purposes of this chapter.
  • 49 U.S.C. § 5334(a)(1)
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    (1) prescribe terms for a project that receives Federal financial assistance under this chapter (except terms the Secretary of Labor prescribes under section 5333(b) of this title);
  • 49 U.S.C. § 5334(a)(3)
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    (3) foreclose on property or bring a civil action to protect or enforce a right conferred on the Secretary of Transportation by law or agreement;
  • 49 U.S.C. § 5334(a)(7)
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    (7) obtain loss insurance for property and assets the Secretary of Transportation holds;
  • 49 U.S.C. § 5334(a)(9)
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    (9) include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter;
  • 49 U.S.C. § 5334(b)(1)
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    (1) Except for purposes of national defense or in the event of a national or regional emergency, or for purposes of establishing and enforcing a program to improve the safety of public transportation systems in the United States as described in section 5329, the Secretary may not regulate the operation, routes, or schedules of a public transportation system for which a grant is made under this chapter. The Secretary may not regulate the rates, fares, tolls, rentals, or other charges prescribed by any provider of public transportation.
  • 49 U.S.C. § 5334(b)(2)
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    (2) Nothing in this subsection shall be construed to prevent the Secretary from requiring a recipient of funds under this chapter to comply with the terms and conditions of its Federal assistance agreement.
  • 49 U.S.C. § 5334(c)(1)
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    (1) The Secretary shall prepare an agenda listing all areas in which the Secretary intends to propose regulations governing activities under this chapter within the following 12 months. The Secretary shall publish the proposed agenda in the Federal Register as part of the Secretary’s semiannual regulatory agenda that lists regulatory activities of the Federal Transit Administration. The Secretary shall submit the agenda to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives on the day the agenda is published.
  • 49 U.S.C. § 5334(c)(2)
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    (2) Except for emergency regulations, the Secretary shall give interested parties at least 60 days to participate in a regulatory proceeding under this chapter by submitting written information, views, or arguments, with or without an oral presentation, except when the Secretary for good cause finds that public notice and comment are unnecessary because of the routine nature or insignificant impact of the regulation or that an emergency regulation should be issued. The Secretary may extend the 60-day period if the Secretary decides the period is insufficient to allow diligent individuals to prepare comments or that other circumstances justify an extension.
  • 49 U.S.C. § 5334(c)(4)
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    (4) The Secretary shall comply with this subsection when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.
  • 49 U.S.C. § 5334(d)
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    (d) The Secretary shall—
    (1) submit each year a budget program as provided in section 9103 of title 31; and
    (2) maintain a set of accounts for audit under chapter 35 of title 31.
  • 49 U.S.C. § 5334(e)
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    (e) The Secretary shall deposit amounts made available to the Secretary under this chapter in a checking account in the Treasury. Receipts, assets, and amounts obtained or held by the Secretary to carry out this chapter are available for administrative expenses to carry out this chapter.
  • 49 U.S.C. § 5334(f)
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    (f) A financial transaction of the Secretary under this chapter and a related voucher are binding on all officers and employees of the United States Government.
  • 49 U.S.C. § 5334(g)
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    (g) Notwithstanding another law related to the Government acquiring, using, or disposing of real property, the Secretary may deal with property acquired under paragraph (3) or (4) of subsection (a) in any way. However, this subsection does not—
    (1) deprive a State or political subdivision of a State of jurisdiction of the property; or
    (2) impair the civil rights, under the laws of a State or political subdivision of a State, of an inhabitant of the property.
  • 49 U.S.C. § 5334(h)(1)
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    (1) If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to—
    (A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides—
    (i) the asset will remain in public use for at least 5 years after the date the asset is transferred;
    (ii) there is no purpose eligible for assistance under this chapter for which the asset should be used;
    (iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and
    (iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or
    (B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides—
    (i) the asset is a necessary component of a proposed transit-oriented development project;
    (ii) the transit-oriented development project will increase transit ridership;
    (iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent1 the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income;
    (iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and
    (v) with respect to a transfer to a third party entity—
    (I) a local government authority or nonprofit organization is unable to receive the property;
    (II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and
    (III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.
  • 49 U.S.C. § 5334(h)(1)(A)
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    (A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides—
    (i) the asset will remain in public use for at least 5 years after the date the asset is transferred;
    (ii) there is no purpose eligible for assistance under this chapter for which the asset should be used;
    (iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and
    (iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or
  • 49 U.S.C. § 5334(h)(1)(B)
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    (B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides—
    (i) the asset is a necessary component of a proposed transit-oriented development project;
    (ii) the transit-oriented development project will increase transit ridership;
    (iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent1 the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income;
    (iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and
    (v) with respect to a transfer to a third party entity—
    (I) a local government authority or nonprofit organization is unable to receive the property;
    (II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and
    (III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.
  • 49 U.S.C. § 5334(h)(4)(A)
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    (A) When real property, equipment, or supplies acquired with assistance under this chapter are no longer needed for public transportation purposes as determined under the applicable assistance agreement, the Secretary may authorize the sale, transfer, or lease of the assets under conditions determined by the Secretary and subject to the requirements of this subsection.
  • 49 U.S.C. § 5334(h)(4)(B)(iii)
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    (iii) Rolling stock, equipment, or supplies described in clause (i) or (ii) that is retained by a recipient under those clauses may be used by the recipient for other public transportation projects or programs with no obligation to reimburse the Federal Transit Administration, and no approval of the Secretary to retain that rolling stock, equipment, or supplies is required.
  • 49 U.S.C. § 5334(h)(4)(D)
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    (D) The authority of the Secretary under this subsection is in addition to existing authorities controlling allocation or use of recipient income otherwise permissible in law or regulation in effect prior to the date of enactment of this paragraph.
  • 49 U.S.C. § 5334(i)(1)
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    (1) Amounts made available for a public transportation project under title 23 may be transferred to and administered by the Secretary under this chapter. Amounts made available for a highway project under this chapter shall be transferred to and administered by the Secretary under title 23.
  • 49 U.S.C. § 5334(j)
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    (j) Not less than 3 full business days before announcement of award by the Secretary of any discretionary grant, letter of intent, or full funding grant agreement totaling $1,000,000 or more, the Secretary shall notify the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.
  • 49 U.S.C. § 5335(a)
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    (a) 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.
  • 49 U.S.C. § 5335(b)
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    (b) 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.
  • 49 U.S.C. § 5335(c)
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    (c) 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.
  • 49 U.S.C. § 5336(a)(1)(B)
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    (B) 50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile; and
  • 49 U.S.C. § 5336(b)(2)(A)(i)
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    (i) 60 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all areas; and
  • 49 U.S.C. § 5336(b)(2)(A)(ii)
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    (ii) 40 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway directional route miles attributable to the area, established by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all areas.
  • 49 U.S.C. § 5336(b)(2)(D)
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    (D) A recipient’s apportionment under subparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Secretary that energy or operating efficiencies would be achieved, reduces vehicle revenue miles but provides the same frequency of revenue service to the same number of riders.
  • 49 U.S.C. § 5336(b)(2)(E)
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    (E) For purposes of subparagraph (A) and section 5337(c)(3), the Secretary shall deem to be attributable to an urbanized area not less than 27 percent of the fixed guideway vehicle revenue miles or fixed guideway directional route miles in the public transportation system of a recipient that are located outside the urbanized area for which the recipient receives funds, in addition to the fixed guideway vehicle revenue miles or fixed guideway directional route miles of the recipient that are located inside the urbanized area.
  • 49 U.S.C. § 5336(c)(1)(A)(iii)
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    (iii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile.
  • 49 U.S.C. § 5336(c)(1)(B)(iii)
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    (iii) 25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile.
  • 49 U.S.C. § 5336(d)
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    (d) The Secretary shall—
    (1) apportion amounts appropriated under section 5338(a)(2)(C) of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and
    (2) publish apportionments of the amounts, including amounts attributable to each urbanized area with a population of more than 50,000 and amounts attributable to each State of a multistate urbanized area, on the apportionment date.
  • 49 U.S.C. § 5336(i)(1)(A)
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    (A) The term “eligible area” means an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2).
  • 49 U.S.C. § 5336(i)(2)(B)
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    (B) The Secretary shall calculate apportionments under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under this section.
  • 49 U.S.C. § 5337(a)(3)
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    (3) The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b).
  • 49 U.S.C. § 5337(b)(1)
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    (1) The Secretary may make grants under this section to assist State and local governmental authorities in financing capital projects to maintain public transportation systems in a state of good repair, including projects to replace and rehabilitate—
    (A) rolling stock;
    (B) track;
    (C) line equipment and structures;
    (D) signals and communications;
    (E) power equipment and substations;
    (F) passenger stations and terminals;
    (G) security equipment and systems;
    (H) maintenance facilities and equipment;
    (I) operational support equipment, including computer hardware and software;
    (J) development and implementation of a transit asset management plan; and
    (K) other replacement and rehabilitation projects the Secretary determines appropriate.
  • 49 U.S.C. § 5337(b)(1)(K)
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    (K) other replacement and rehabilitation projects the Secretary determines appropriate.
  • 49 U.S.C. § 5337(c)(3)(B)
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    (B) A recipient in an urbanized area shall receive an amount equal to 60 percent of the amount described in subparagraph (A), multiplied by the number of fixed guideway vehicle revenue miles attributable to the urbanized area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all urbanized areas.
  • 49 U.S.C. § 5337(c)(3)(C)
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    (C) A recipient in an urbanized area shall receive an amount equal to 40 percent of the amount described in subparagraph (A), multiplied by the number of fixed guideway directional route miles attributable to the urbanized area, as established by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all urbanized areas.
  • 49 U.S.C. § 5337(d)(3)(B)
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    (B) Each area shall receive an amount equal to 60 percent of the amount described in subparagraph (A), multiplied by the number of high intensity motorbus vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all high intensity motorbus vehicle revenue miles attributable to all areas.
  • 49 U.S.C. § 5337(d)(3)(C)
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    (C) Each area shall receive an amount equal to 40 percent of the amount described in subparagraph (A), multiplied by the number of high intensity motorbus directional route miles attributable to the area, as established by the Secretary, divided by the total number of all high intensity motorbus directional route miles attributable to all areas.
  • 49 U.S.C. § 5337(f)(1)
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    (1) The Secretary may make grants under this subsection to assist State and local governmental authorities in financing capital projects for the replacement of rail rolling stock.
  • 49 U.S.C. § 5337(f)(3)
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    (3) The Secretary shall solicit grant applications and make not more than 3 new awards to eligible projects under this subsection on a competitive basis each fiscal year.
  • 49 U.S.C. § 5337(f)(4)
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    (4) In awarding grants under this subsection, the Secretary shall consider—
    (A) the size of the rail system of the applicant;
    (B) the amount of funds available to the applicant under this subsection;
    (C) the age and condition of the rail rolling stock of the applicant that has exceeded or will exceed the useful service life of the rail rolling stock in the 5-year period following the grant; and
    (D) whether the applicant has identified replacement of the rail vehicles as a priority in the investment prioritization portion of the transit asset management plan of the recipient pursuant to part 625 of title 49, Code of Federal Regulations (or successor regulations).
  • 49 U.S.C. § 5337(f)(5)
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    (5) The amount of grant assistance provided by the Secretary under this subsection, as a share of eligible project costs, shall be not more than 50 percent.
  • 49 U.S.C. § 5338(c)(1)
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    (1) Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):
    (A) 0.5 percent of amounts made available to carry out section 5305.
    (B) 0.75 percent of amounts made available to carry out section 5307.
    (C) 1 percent of amounts made available to carry out section 5309.
    (D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).1
    (E) 0.5 percent of amounts made available to carry out section 5310.
    (F) 0.5 percent of amounts made available to carry out section 5311.
    (G) 1 percent of amounts made available to carry out section 5337, of which not less than 0.25 percent of amounts made available for this subparagraph shall be available to carry out section 5329.
    (H) 0.75 percent of amounts made available to carry out section 5339.
  • 49 U.S.C. § 5338(c)(4)
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    (4) Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.
  • 49 U.S.C. § 5338(d)(1)
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    (1) A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.
  • 49 U.S.C. § 5338(d)(2)
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    (2) A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.
  • 49 U.S.C. § 5339(a)(2)
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    (2) 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.
  • 49 U.S.C. § 5339(a)(9)(A)
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    (A) 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.
  • 49 U.S.C. § 5339(a)(9)(C)
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    (C) 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.
  • 49 U.S.C. § 5339(a)(9)(D)
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    (D) 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 State’s pool for that fiscal year pursuant to the formulas referred to in paragraph (5).
  • 49 U.S.C. § 5339(a)(9)(G)
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    (G) 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).
  • 49 U.S.C. § 5339(a)(10)(B)
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    (B) 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 114–94) were not utilized.
  • 49 U.S.C. § 5339(b)(1)
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    (1) 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.
  • 49 U.S.C. § 5339(b)(2)
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    (2) In making grants under this subsection, the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities.
  • 49 U.S.C. § 5339(b)(4)
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    (4) 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.
  • 49 U.S.C. § 5339(b)(5)(B)
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    (B) 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.
  • 49 U.S.C. § 5339(b)(9)
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    (9) 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.
  • 49 U.S.C. § 5339(b)(9)(B)(ii)
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    (ii) the end of the fiscal year in which the Secretary solicited the grant applications.
  • 49 U.S.C. § 5339(b)(11)(B)
    Go to provision →
    (B) 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 114–94) were not utilized.
  • 49 U.S.C. § 5339(c)(1)(E)(i)
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    (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
  • 49 U.S.C. § 5339(c)(2)
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    (2) The Secretary may make grants to recipients to finance eligible projects under this subsection.
  • 49 U.S.C. § 5339(c)(3)(D)
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    (D) 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 applicant’s 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.
  • 49 U.S.C. § 5339(c)(4)
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    (4) 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.
  • 49 U.S.C. § 5339(c)(4)(B)(ii)
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    (ii) the end of the fiscal year in which the Secretary solicited the grant applications.
  • 49 U.S.C. § 5339(c)(5)
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    (5) 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.
  • 49 U.S.C. § 5340(b)
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    (b) The Secretary shall apportion the amounts made available under section 5338(b)(2)(N)1 in accordance with subsection (c) and subsection (d).
  • 49 U.S.C. § 5340(c)(1)
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    (1) 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.
  • 49 U.S.C. § 5340(c)(2)(A)
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    (A) 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.
  • 49 U.S.C. § 5340(c)(3)
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    (3) 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.
  • 49 U.S.C. § 5340(d)(1)
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    (1) 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.
  • 49 U.S.C. § 5340(d)(2)
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    (2) 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
    (i) the population of the State in urbanized areas; divided by
    (ii) the total population of the State.
  • 49 U.S.C. § 5340(d)(3)
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    (3) 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).
  • 49 U.S.C. § 5340(d)(5)
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    (5) 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.
  • 49 U.S.C. § 5501(c)
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    (c) The Secretary of Transportation shall distribute copies of the policy in subsections (a) and (b) of this section to each employee of the Department of Transportation and ensure that the policy is posted in all offices of the Department.
  • 49 U.S.C. § 5504(a)
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    (a) The Secretary of Transportation shall make grants to States to develop model State intermodal transportation plans that are consistent with the policy set forth in section 302(e) of this title. The model plans shall include systems for collecting data related to intermodal transportation.
  • 49 U.S.C. § 5504(b)
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    (b) The Secretary shall award grants to States under this section that represent a variety of geographic regions and transportation needs, patterns, and modes.
  • 49 U.S.C. § 5504(c)
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    (c) As a condition to a State receiving a grant under this section, the Secretary shall require that the State provide assurances that the State will submit to the Secretary a State intermodal transportation plan not later than 18 months after the date of receipt of the grant.
  • 49 U.S.C. § 5504(d)
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    (d) The Secretary shall reserve, from amounts deducted under section 104(a) of title 23, $3,000,000 to make grants under this section. The total amount that a State may receive in grants under this section may not be more than $500,000.
  • 49 U.S.C. § 5505(a)(1)
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    (1) The Secretary of Transportation, acting through the Assistant Secretary for Research and Technology (referred to in this section as the “Secretary”), shall make grants under this section to eligible nonprofit institutions of higher education to establish and operate university transportation centers.
  • 49 U.S.C. § 5505(b)(1)
    Go to provision →
    (1) To receive a grant under this section, a consortium of nonprofit institutions of higher education shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require.
  • 49 U.S.C. § 5505(b)(3)
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    (3) The Secretary shall solicit grant applications for national transportation centers, regional transportation centers, and Tier 1 university transportation centers with identical advertisement schedules and deadlines.
  • 49 U.S.C. § 5505(b)(4)(A)
    Go to provision →
    (A) Except as otherwise provided by this section, the Secretary shall award grants under this section in nonexclusive candidate topic areas established by the Secretary that address the research priorities described in subparagraphs (A) through (G) of section 6503(c)(1).
  • 49 U.S.C. § 5505(b)(4)(B)
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    (B) The Secretary, in consultation with the heads of the modal administrations of the Department of Transportation, as appropriate, shall select each recipient of a grant under this section through a competitive process based on the assessment of the Secretary relating to—
    (i) the demonstrated ability of the recipient to address each specific topic area described in the research and strategic plans of the recipient;
    (ii) the demonstrated research, technology transfer, and education resources available to the recipient to carry out this section;
    (iii) the ability of the recipient to provide leadership in solving immediate and long-range national and regional transportation problems;
    (iv) the ability of the recipient to carry out research, education, and technology transfer activities that are multimodal and multidisciplinary in scope;
    (v) the demonstrated commitment of the recipient to carry out transportation workforce development programs through—
    (I) degree-granting programs or programs that provide other industry-recognized credentials; and
    (II) outreach activities to attract new entrants into the transportation field, including women and underrepresented populations;
    (vi) the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs;
    (vii) the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects;
    (viii) the strategic plan submitted by the recipient describing the proposed research to be carried out by the recipient and the performance metrics to be used in assessing the performance of the recipient in meeting the stated research, technology transfer, education, and outreach goals; and
    (ix) the ability of the recipient to implement the proposed program in a cost-efficient manner, such as through cost sharing and overall reduced overhead, facilities, and administrative costs.
  • 49 U.S.C. § 5505(b)(5)(A)
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    (A) The Secretary shall provide to each applicant, upon request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the proposal of the applicant.
  • 49 U.S.C. § 5505(b)(5)(B)
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    (B) The Secretary shall make available to the public on a website of the Department of Transportation a report describing the overall review process under paragraph (4) that includes—
    (i) specific criteria of evaluation used in the review;
    (ii) descriptions of the review process; and
    (iii) explanations of the selected awards.
  • 49 U.S.C. § 5505(b)(6)
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    (6) The Secretary shall, to the maximum extent practicable, consult external stakeholders, including the Transportation Research Board of the National Research Council of the National Academies, to evaluate and competitively review all proposals.
  • 49 U.S.C. § 5505(c)(1)
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    (1) Not later than 1 year after the date of enactment of this section, the Secretary shall select grant recipients under subsection (b) and make grant amounts available to the selected recipients.
  • 49 U.S.C. § 5505(c)(2)(A)
    Go to provision →
    (A) Subject to subparagraph (B), the Secretary shall provide grants to 5 consortia that the Secretary determines best meet the criteria described in subsection (b)(4).
  • 49 U.S.C. § 5505(c)(3)(B)
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    (B) In conducting a competition under subsection (b), the Secretary shall provide grants to 10 consortia on the basis of—
    (i) the criteria described in subsection (b)(4);
    (ii) the location of the lead center within the Federal region to be served; and
    (iii) whether the consortium of institutions demonstrates that the consortium has a well-established, nationally recognized program in transportation research and education, as evidenced by—
    (I) recent expenditures by the institution in highway or public transportation research;
    (II) a historical track record of awarding graduate degrees in professional fields closely related to highways and public transportation; and
    (III) an experienced faculty who specialize in professional fields closely related to highways and public transportation.
  • 49 U.S.C. § 5505(c)(3)(E)(ii)
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    (ii) The Secretary shall make a grant to 1 of the 10 regional university transportation centers established under this paragraph for the purpose of furthering the objectives described in subsection (a)(2) in the field of comprehensive transportation safety, congestion, connected vehicles, connected infrastructure, and autonomous vehicles, including the cybersecurity implications of technologies relating to connected vehicles, connected infrastructure, and autonomous vehicles.
  • 49 U.S.C. § 5505(c)(4)(A)
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    (A) The Secretary shall provide grants of not greater than $2,000,000 and not less than $1,000,000 to not more than 20 recipients to carry out this paragraph.
  • 49 U.S.C. § 5505(d)(1)
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    (1) The Secretary shall—
    (A) coordinate the research, education, and technology transfer activities carried out by grant recipients under this section; and
    (B) disseminate the results of that research through the establishment and operation of a publicly accessible online information clearinghouse.
  • 49 U.S.C. § 5505(d)(2)
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    (2) Not less frequently than biennially, and consistent with the plan developed under section 6503, the Secretary shall—
    (A) review and evaluate the programs carried out under this section by grant recipients; and
    (B) make available to the public on a website of the Department of Transportation a report describing that review and evaluation.
  • 49 U.S.C. § 5505(d)(3)
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    (3) For each of fiscal years 2022 through 2026, the Secretary shall expend not more than 1 and a half percent of the amounts made available to the Secretary to carry out this section for any coordination, evaluation, and oversight activities of the Secretary under this section.
  • 49 U.S.C. § 5505(e)
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    (e) Amounts made available to the Secretary to carry out this section shall remain available for obligation by the Secretary for a period of 3 years after the last day of the fiscal year for which the amounts are authorized.
  • 49 U.S.C. § 5505(f)
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    (f) Any survey, questionnaire, or interview that the Secretary determines to be necessary to carry out reporting requirements relating to any program assessment or evaluation activity under this section, including customer satisfaction assessments, shall not be subject to chapter 35 of title 44.
  • 49 U.S.C. § 5506(b)
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    (b) The Secretary of Transportation (referred to in this section as the “Secretary”) shall establish an advanced transportation research pilot program under which the Secretary—
    (1) shall establish a process for eligible entities to submit to the Secretary unsolicited research proposals; and
    (2) may enter into arrangements with 1 or more eligible entities to fund research proposed under paragraph (1), in accordance with this section.
  • 49 U.S.C. § 5506(b)(1)
    Go to provision →
    (1) shall establish a process for eligible entities to submit to the Secretary unsolicited research proposals; and
  • 49 U.S.C. § 5506(c)
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    (c) The Secretary may enter into an arrangement with an eligible entity under this section to fund research that—
    (1) addresses—
    (A) a research need identified by—
    (i) the Secretary; or
    (ii) the Administrator of a modal administration of the Department of Transportation; or
    (B) an issue that the Secretary determines to be important; and
    (2) is not duplicative of—
    (A) any other Federal research project; or
    (B) any project for which funding is provided by another Federal agency.
  • 49 U.S.C. § 5506(c)(1)(A)(i)
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    (i) the Secretary; or
  • 49 U.S.C. § 5506(c)(1)(B)
    Go to provision →
    (B) an issue that the Secretary determines to be important; and
  • 49 U.S.C. § 5506(d)
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    (d) The Secretary shall—
    (1) review each research proposal submitted under the pilot program established under subsection (b); and
    (A) if funding is denied for the research proposal—
    (i) provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable—
    (I) explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and
    (II) recommends that the research proposal be submitted to another research program; and
    (ii) if the Secretary recommends that the research proposal be submitted to another research program under clause (i)(II), provide guidance and direction to—
    (I) the eligible entity; and
    (II) the proposed research program office; or
    (B) if the research proposal is selected for funding—
    (i) provide to the eligible entity that submitted the proposal a written notice of the selection; and
    (ii) seek to enter into an arrangement with the eligible entity to provide funding for the proposed research.
  • 49 U.S.C. § 5506(d)(2)(A)(ii)
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    (ii) if the Secretary recommends that the research proposal be submitted to another research program under clause (i)(II), provide guidance and direction to—
    (I) the eligible entity; and
    (II) the proposed research program office; or
  • 49 U.S.C. § 5506(e)(1)
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    (1) The Secretary shall ensure that the activities carried out under subsection (c) are coordinated with, and do not duplicate the efforts of, programs of the Department of Transportation and other Federal agencies.
  • 49 U.S.C. § 5506(e)(2)
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    (2) The Secretary shall coordinate the research carried out under this section with—
    (A) the research, education, and technology transfer activities carried out by grant recipients under section 5505; and
    (B) the research, development, demonstration, and commercial application activities of other relevant programs of the Department of Transportation, including all modal administrations of the Department.
  • 49 U.S.C. § 5506(e)(3)
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    (3) The Secretary shall coordinate, as appropriate, regarding fundamental research with the potential for application in the transportation sector with—
    (A) the Director of the Office of Science and Technology Policy;
    (B) the Director of the National Science Foundation;
    (C) the Secretary of Energy;
    (D) the Director of the National Institute of Standards and Technology;
    (E) the Secretary of Homeland Security;
    (F) the Administrator of the National Oceanic and Atmospheric Administration;
    (G) the Secretary of Defense; and
    (H) the heads of other appropriate Federal agencies, as determined by the Secretary.
  • 49 U.S.C. § 5506(e)(3)(C)
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    (C) the Secretary of Energy;
  • 49 U.S.C. § 5506(e)(3)(E)
    Go to provision →
    (E) the Secretary of Homeland Security;
  • 49 U.S.C. § 5506(e)(3)(G)
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    (G) the Secretary of Defense; and
  • 49 U.S.C. § 5506(e)(3)(H)
    Go to provision →
    (H) the heads of other appropriate Federal agencies, as determined by the Secretary.
  • 49 U.S.C. § 5506(f)
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    (f) Not less frequently than biennially, in accordance with the plan developed under section 6503, the Secretary shall—
    (1) review and evaluate the pilot program established under subsection (b), including the research carried out under that pilot program; and
    (2) make public on a website of the Department of Transportation a report describing the review and evaluation under paragraph (1).
  • 49 U.S.C. § 5506(h)
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    (h) Of any amounts made available to carry out this section for a fiscal year, the Secretary may use not more than 1.5 percent for coordination, evaluation, and oversight activities under this section.
  • 49 U.S.C. § 5506(i)
    Go to provision →
    (i) There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.
  • 49 U.S.C. § 5507(a)
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    (a) The Secretary of Transportation (referred to in this section as the “Secretary”) shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2022 through 2026.
  • 49 U.S.C. § 5507(c)
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    (c) The Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section.
  • 49 U.S.C. § 5507(d)
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    (d) The Secretary may use to carry out this section any amounts otherwise made available to the Secretary, not to exceed $5,000,000, for each of fiscal years 2022 through 2026.
  • 49 U.S.C. § 5562(a)
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    (a) The Secretary of Transportation shall provide financial, technical, and advisory assistance under this chapter to—
    (1) promote, on a feasibility demonstration basis, the conversion of at least 3 rail passenger terminals into intermodal transportation terminals;
    (2) preserve rail passenger terminals that reasonably are likely to be converted or maintained pending preparation of plans for their reuse;
    (3) acquire and use space in suitable buildings of historic or architectural significance but only if use of the space is feasible and prudent when compared to available alternatives; and
    (4) encourage State and local governments, local and regional transportation authorities, common carriers, philanthropic organizations, and other responsible persons to develop plans to convert rail passenger terminals into intermodal transportation terminals and civic and cultural activity centers.
  • 49 U.S.C. § 5562(c)
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    (c) The Secretary may acquire space under subsection (a)(3) of this section only after consulting with the Advisory Council on Historic Preservation and the Chairman of the National Endowment for the Arts.
  • 49 U.S.C. § 5563(a)
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    (a) The Secretary of Transportation may provide financial assistance to convert a rail passenger terminal to an intermodal transportation terminal under section 5562(a)(1) of this title only if—
    (1) the terminal can be converted to accommodate other modes of transportation the Secretary of Transportation decides are appropriate, including—
    (A) motorbus transportation;
    (B) mass transit (rail or rubber tire); and
    (C) airline ticket offices and passenger terminals providing direct transportation to area airports;
    (2) the terminal is listed on the National Register of Historic Places maintained by the Secretary of the Interior;
    (3) the architectural integrity of the terminal will be preserved;
    (4) to the extent practicable, the use of the terminal facilities for transportation may be combined with use of those facilities for other civic and cultural activities, especially when another activity is recommended by—
    (A) the Advisory Council on Historic Preservation;
    (B) the Chairman of the National Endowment for the Arts; or
    (C) consultants retained under subsection (b) of this section; and
    (5) the terminal and the conversion project meet other criteria prescribed by the Secretary of Transportation after consultation with the Council and Chairman.
  • 49 U.S.C. § 5563(a)(1)
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    (1) the terminal can be converted to accommodate other modes of transportation the Secretary of Transportation decides are appropriate, including—
    (A) motorbus transportation;
    (B) mass transit (rail or rubber tire); and
    (C) airline ticket offices and passenger terminals providing direct transportation to area airports;
  • 49 U.S.C. § 5563(a)(2)
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    (2) the terminal is listed on the National Register of Historic Places maintained by the Secretary of the Interior;
  • 49 U.S.C. § 5563(a)(5)
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    (5) the terminal and the conversion project meet other criteria prescribed by the Secretary of Transportation after consultation with the Council and Chairman.
  • 49 U.S.C. § 5563(b)
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    (b) The Secretary of Transportation must employ consultants on whether the architectural integrity of the rail passenger terminal will be preserved under subsection (a)(3) of this section. The Secretary may decide that the architectural integrity will be preserved only if the consultants concur. The Council and Chairman shall recommend consultants to be employed by the Secretary. The consultants also may make recommendations referred to in subsection (a)(4) of this section.
  • 49 U.S.C. § 5563(c)
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    (c) The Secretary of Transportation may not make a grant under this section for more than 80 percent of the total cost of converting a rail passenger terminal into an intermodal transportation terminal.
  • 49 U.S.C. § 5564(a)
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    (a) Subject to subsection (b) of this section, the Secretary of Transportation may make a grant of financial assistance to a responsible person (including a governmental authority) to preserve a rail passenger terminal under section 5562(a)(2) of this title. To receive assistance under this section, the person must be qualified, prepared, committed, and authorized by law to maintain (and prevent the demolition, dismantling, or further deterioration of) the terminal until plans for its reuse are prepared.
  • 49 U.S.C. § 5564(b)
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    (b) The Secretary of Transportation may make a grant of financial assistance under this section only if—
    (1) the Secretary decides the rail passenger terminal has a reasonable likelihood of being converted to, or conditioned for reuse as, an intermodal transportation terminal, a civic or cultural activities center, or both; and
    (2) planning activity directed toward conversion or reuse has begun and is proceeding in a competent way.
  • 49 U.S.C. § 5564(b)(1)
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    (1) the Secretary decides the rail passenger terminal has a reasonable likelihood of being converted to, or conditioned for reuse as, an intermodal transportation terminal, a civic or cultural activities center, or both; and
  • 49 U.S.C. § 5564(c)(1)(B)
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    (B) listed in the National Register of Historic Places maintained by the Secretary of the Interior; or
  • 49 U.S.C. § 5564(c)(2)
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    (2) The Secretary of Transportation may not make a grant under this section for more than 80 percent of the total cost of maintaining the terminal for an interim period of not more than 5 years.
  • 49 U.S.C. § 5565(a)
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    (a) The Secretary of Transportation may make a grant of financial assistance to a qualified person (including a governmental authority) to encourage the development of plans for converting a rail passenger terminal under section 5562(a)(4) of this title. To receive assistance under this section, the person must—
    (1) be prepared to develop practicable plans that meet zoning, land use, and other requirements of the applicable State and local jurisdictions in which the terminal is located;
    (2) incorporate into the designs and plans proposed for converting the terminal, features that reasonably appear likely to attract private investors willing to carry out the planned conversion and its subsequent maintenance and operation; and
    (3) complete the designs and plans for the conversion within the period of time prescribed by the Secretary.
  • 49 U.S.C. § 5565(a)(3)
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    (3) complete the designs and plans for the conversion within the period of time prescribed by the Secretary.
  • 49 U.S.C. § 5565(b)
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    (b) In making a grant under this section, the Secretary of Transportation shall give preferential consideration to an applicant whose completed designs and plans will be carried out within 3 years after their completion.
  • 49 U.S.C. § 5565(c)(1)(A)
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    (A) listed in the National Register of Historic Places maintained by the Secretary of the Interior; or
  • 49 U.S.C. § 5565(c)(2)
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    (2) The Secretary of Transportation may not make a grant under this section for more than 80 percent of the total cost of the project for which the financial assistance is provided.
  • 49 U.S.C. § 5566(a)
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    (a) Each recipient of financial assistance under this chapter shall keep records required by the Secretary of Transportation. The records shall disclose—
    (1) the amount, and disposition by the recipient, of the proceeds of the assistance;
    (2) the total cost of the project for which the assistance was given or used;
    (3) the amount of that part of the cost of the project supplied by other sources; and
    (4) any other records that will make an effective audit easier.
  • 49 U.S.C. § 5566(b)
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    (b) For 3 years after a project is completed, the Secretary and the Comptroller General may audit and inspect records of a recipient that the Secretary or Comptroller General decides may be related or pertinent to the financial assistance.
  • 49 U.S.C. § 5568(a)
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    (a) The following amounts may be appropriated to the Secretary of Transportation:
    (1) not more than $15,000,000 to carry out section 5562(a)(1) and (3) of this title.
    (2) not more than $2,500,000 to carry out section 5562(a)(2) of this title.
    (3) not more than $2,500,000 to carry out section 5562(a)(4) of this title.
  • 49 U.S.C. § 5701(a)(1)
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    (1) The Secretary of Transportation, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, shall establish procedures for transportation safety inspections for the purpose of identifying suspected incidents of contamination or adulteration of—
    (A) food in violation of regulations promulgated under section 416 of the Federal Food, Drug, and Cosmetic Act;
    (B) a carcass, part of a carcass, meat, meat food product, or animal subject to detention under section 402 of the Federal Meat Inspection Act (21 U.S.C. 672); and
    (C) poultry products or poultry subject to detention under section 19 of the Poultry Products Inspection Act (21 U.S.C. 467a).
  • 49 U.S.C. § 5701(a)(2)(A)
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    (A) The Secretary of Transportation shall develop and carry out a training program to conduct enforcement of this chapter and regulations prescribed under this chapter or compatible State laws and regulations.
  • 49 U.S.C. § 5701(a)(2)(B)
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    (B) In carrying out this paragraph, the Secretary of Transportation shall train inspectors, including Department of Transportation personnel, State employees described under subsection (c), or personnel paid with funds authorized under sections 31102 and 31104, in the recognition of adulteration problems associated with the transportation of cosmetics, devices, drugs, food, and food additives and in the procedures for obtaining assistance of the appropriate departments, agencies, and instrumentalities of the Government and State authorities to support the enforcement.
  • 49 U.S.C. § 5701(b)
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    (b) The Secretary of Transportation shall promptly notify the Secretary of Health and Human Services or the Secretary of Agriculture, as applicable, of any instances of potential food contamination or adulteration of a food identified during transportation safety inspections.
  • 49 U.S.C. § 5701(c)
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    (c) The means by which the Secretary of Transportation carries out subsection (b) may include inspections conducted by State employees using funds authorized to be appropriated under sections 31102 through 31104.
  • 49 U.S.C. § 6102(4)
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    (4) The term “Secretary” means the Secretary of Transportation.
  • 49 U.S.C. § 6104(a)
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    (a) In order to qualify for a grant under section 6106, each State shall submit to the Secretary a grant application under subsection (b). The State shall submit the application not later than 2 years after the date of enactment of this chapter.
  • 49 U.S.C. § 6104(b)(1)
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    (1) Upon application by a State, the Secretary shall review that State’s one-call notification program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program.
  • 49 U.S.C. § 6104(b)(2)
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    (2) Based on the review under paragraph (1), the Secretary shall determine whether the State’s one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106.
  • 49 U.S.C. § 6104(b)(3)
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    (3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2).
  • 49 U.S.C. § 6104(b)(4)
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    (4) The Secretary shall prescribe the form and manner of filing an application under this section that shall provide sufficient information about a State’s one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary.
  • 49 U.S.C. § 6104(b)(5)
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    (5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public.
  • 49 U.S.C. § 6104(d)
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    (d) The Secretary shall include the following information in reports submitted under section 60124 of this title—
    (1) a description of the extent to which each State has adopted and implemented the minimum Federal standards under section 6103 or maintains an alternative program under subsection (c);
    (2) an analysis by the Secretary of the overall effectiveness of each State’s one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter;
    (3) the impact of each State’s decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and
    (4) areas where improvements are needed in one-call notification systems in operation in each State.
    The report shall also include any recommendations the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required.
  • 49 U.S.C. § 6104(d)(2)
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    (2) an analysis by the Secretary of the overall effectiveness of each State’s one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter;
  • 49 U.S.C. § 6105(a)
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    (a) The Secretary of Transportation shall encourage States, operators of one-call notification programs, excavators (including all government and contract excavators), and underground facility operators to adopt and implement practices identified in the best practices report entitled “Common Ground”, as periodically updated.
  • 49 U.S.C. § 6105(b)
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    (b) The Secretary shall provide technical assistance to and participate in programs sponsored by a non-profit organization specifically established for the purpose of reducing construction-related damage to underground facilities.
  • 49 U.S.C. § 6105(c)(1)
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    (1) The Secretary may make grants to a non-profit organization described in subsection (b).
  • 49 U.S.C. § 6106(a)
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    (a) The Secretary may make a grant of financial assistance to a State that qualifies under section 6104(b) to assist in improving—
    (1) the overall quality and effectiveness of one-call notification systems in the State;
    (2) communications systems linking one-call notification systems;
    (3) location capabilities, including training personnel and developing and using location technology;
    (4) record retention and recording capabilities for one-call notification systems;
    (5) public information and education;
    (6) participation in one-call notification systems; or
    (7) compliance and enforcement under the State one-call notification program.
  • 49 U.S.C. § 6106(b)
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    (b) In making grants under this section, the Secretary shall take into consideration the commitment of each State to improving its State one-call notification program, including legislative and regulatory actions taken by the State after the date of enactment of this chapter.
  • 49 U.S.C. § 6107
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    Of the amounts made available under section 60125(a)(1), the Secretary shall expend $1,058,000 for each of fiscal years 2021 through 2023 to carry out section 6106.
  • 49 U.S.C. § 6109(a)
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    (a) The Secretary shall make a grant to an appropriate entity for promoting public education and awareness with respect to the 811 national excavation damage prevention phone number.
  • 49 U.S.C. § 6109(b)
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    (b) There is authorized to be appropriated to the Secretary $1,000,000 for the period beginning October 1, 2006, and ending September 30, 2008, to carry out this section.
  • 49 U.S.C. § 6301(5)
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    (5) The term “Secretary” means the Secretary of Transportation.
  • 49 U.S.C. § 6302(b)(1)
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    (1) The Bureau shall be headed by a Director, who shall be appointed in the competitive service by the Secretary.
  • 49 U.S.C. § 6302(b)(3)(A)(i)
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    (i) serve as the senior advisor to the Secretary on data and statistics; and
  • 49 U.S.C. § 6302(b)(3)(B)(ii)
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    (ii) establish on behalf of the Secretary a program—
    (I) to effectively integrate safety data across modes; and
    (II) to address gaps in existing safety data programs of the Department;
  • 49 U.S.C. § 6302(b)(3)(B)(ix)
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    (ix) review and report to the Secretary on the sources and reliability of—
    (I) the statistics proposed by the heads of the operating administrations of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285); and
    (II) at the request of the Secretary, any other data collected or statistical information published by the heads of the operating administrations of the Department; and
  • 49 U.S.C. § 6302(b)(3)(B)(ix)(II)
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    (II) at the request of the Secretary, any other data collected or statistical information published by the heads of the operating administrations of the Department; and
  • 49 U.S.C. § 6302(d)(3)
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    (3) The Secretary shall direct external support functions, such as the coordination of activities involving multiple modal administrations.
  • 49 U.S.C. § 6303(a)
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    (a) In consultation with the Under Secretary Transportation for Policy, the Assistant Secretaries of the Department, and the heads of the operating administrations of the Department, the Director shall establish and maintain a transportation database for all modes of transportation.
  • 49 U.S.C. § 6304(c)(3)
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    (3) Any amounts received by the Library as payment for library products and services or other activities shall be made available to the Director to carry out this section, deposited in the Office of the Assistant Secretary for Research and Technology of the Department of Transportation’s general fund account, and remain available until expended.
  • 49 U.S.C. § 6311
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    The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for—
  • 49 U.S.C. § 6314(a)
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    (a) The Director shall establish, on behalf of the Secretary, a port performance statistics program to provide nationally consistent measures of performance of, at a minimum—
    (1) the Nation’s top 25 ports by tonnage;
    (2) the Nation’s top 25 ports by 20-foot equivalent unit; and
    (3) the Nation’s top 25 ports by dry bulk.
  • 49 U.S.C. § 6501(a)(1)
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    (1) Not later than June 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall prepare and submit to the Assistant Secretary for Research and Technology of the Department of Transportation (referred to in this chapter as the “Assistant Secretary”)—
    (A) a comprehensive annual modal research plan for the following fiscal year; and
    (B) a detailed outlook for the fiscal year thereafter.
  • 49 U.S.C. § 6501(a)(2)(A)
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    (A) a general description of the strategic goals of the Department that are addressed by the research programs being carried out by the Assistant Secretary or modal administration, as applicable;
  • 49 U.S.C. § 6501(a)(2)(B)
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    (B) a description of each proposed research program, as described in the budget request submitted by the Secretary of Transportation to the President under section 1108 of title 31 for the following fiscal year, including—
    (i) the major objectives of the program; and
    (ii) the requested amount of funding for each program and area;
  • 49 U.S.C. § 6501(a)(2)(C)
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    (C) a list of activities the Assistant Secretary or modal administration plans to carry out under the research programs described in subparagraph (B);
  • 49 U.S.C. § 6501(a)(2)(F)
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    (F) such other requirements as the Assistant Secretary considers to be necessary.
  • 49 U.S.C. § 6501(b)(1)
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    (1) Not later than September 1 of each year, the Assistant Secretary, for each plan and outlook submitted by the head of a modal administration or joint program office pursuant to subsection (a), shall—
    (A) review the scope of the research; and
    (i) approve the plan and outlook; or
    (ii) request that the plan and outlook be—
    (I) revised in accordance with such suggestions as the Assistant Secretary shall include to ensure conformity with the criteria described in paragraph (2); and
    (II) resubmitted to the Assistant Secretary for approval.
  • 49 U.S.C. § 6501(b)(1)(B)(ii)(I)
    Go to provision →
    (I) revised in accordance with such suggestions as the Assistant Secretary shall include to ensure conformity with the criteria described in paragraph (2); and
  • 49 U.S.C. § 6501(b)(1)(B)(ii)(II)
    Go to provision →
    (II) resubmitted to the Assistant Secretary for approval.
  • 49 U.S.C. § 6501(b)(2)
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    (2) In conducting a review under paragraph (1)(A), the Assistant Secretary shall, with respect to the modal research plan that is the subject of the review—
    (A) take into consideration whether—
    (i) the plan contains research objectives that are consistent with the strategic research and policy objectives of the Department of Transportation included in the strategic plan required under section 6503; and
    (ii) the research programs described in the plan have the potential to benefit the safety, mobility, and efficiency of the United States transportation system;
    (B) identify and evaluate any potential opportunities for collaboration between or among modal administrations with respect to particular research programs described in the plan;
    (C) identify and evaluate whether other modal administrations may be better suited to carry out the research programs described in the plan;
    (D) assess whether any projects described in the plan are—
    (i) duplicative across modal administrations; or
    (ii) unnecessary; and
    (E) take into consideration such other criteria as the Assistant Secretary determines to be necessary.
  • 49 U.S.C. § 6501(b)(2)(E)
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    (E) take into consideration such other criteria as the Assistant Secretary determines to be necessary.
  • 49 U.S.C. § 6501(b)(3)
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    (3) Not later than January 30 of each year, the Secretary shall publish on a public website each plan and outlook that has been approved under paragraph (1)(B)(i).
  • 49 U.S.C. § 6501(b)(4)
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    (4) The Assistant Secretary may not approve any plan submitted by the head of a modal administration or joint program office pursuant to subsection (a) if any of the projects described in the plan duplicate significant aspects of research efforts of any other modal administration.
  • 49 U.S.C. § 6501(c)
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    (c) No funds may be expended by the Department of Transportation on research that has been determined by the Assistant Secretary under subsection (b)(4) to be duplicative unless—
    (1) the research is required by an Act of Congress;
    (2) the research was part of a contract that was funded before the date of enactment of this chapter;
    (3) the research updates previously commissioned research; or
    (4) the Assistant Secretary certifies to Congress that such research is necessary, and provides justification for such certification.
  • 49 U.S.C. § 6501(c)(4)
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    (4) the Assistant Secretary certifies to Congress that such research is necessary, and provides justification for such certification.
  • 49 U.S.C. § 6501(d)(1)
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    (1) The Secretary shall annually certify to Congress that—
    (A) each modal research plan has been reviewed; and
    (B) there is no duplication of study for research directed, commissioned, or conducted by the Department of Transportation.
  • 49 U.S.C. § 6501(d)(2)
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    (2) If the Secretary, after submitting a certification under paragraph (1), identifies duplication of research within the Department of Transportation, the Secretary shall—
    (A) notify Congress of the duplicative research; and
    (B) submit to Congress a corrective action plan to eliminate the duplicative research.
  • 49 U.S.C. § 6502(a)(1)
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    (1) Not later than September 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall submit to the Assistant Secretary, for review and public posting, a description of each proposed research project to be carried out during the following fiscal year, including—
    (A) proposed funding for any new projects; and
    (B) proposed additional funding for any existing projects.
  • 49 U.S.C. § 6502(a)(2)
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    (2) Not less frequently than annually, after receiving the descriptions under paragraph (1), the Assistant Secretary shall publish on a public website a comprehensive database including a description of all research projects conducted by the Department of Transportation, including research funded through university transportation centers under section 5505.
  • 49 U.S.C. § 6502(a)(3)(B)(vi)
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    (vi) such other information as the Assistant Secretary determines to be necessary to address Departmental priorities and statutory mandates;
  • 49 U.S.C. § 6502(b)
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    (b) In conjunction with each of the annual budget requests submitted by the President under section 1105 of title 31, the Secretary shall annually publish on a public website and submit to the appropriate committees of Congress a report that describes—
    (1) the amount spent in the last full fiscal year on transportation research and development with specific descriptions of projects funded at $5,000,000 or more; and
    (2) the amount proposed in the current budget for transportation research and development with specific descriptions of projects funded at $5,000,000 or more.
  • 49 U.S.C. § 6502(c)
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    (c) In the plans and reports submitted under sections 1115 and 1116 of title 31, the Secretary shall include—
    (1) a summary of the Federal transportation research and development activities for the previous fiscal year in each topic area;
    (2) the amount spent in each topic area;
    (3) a description of the extent to which the research and development is meeting the expectations described in section 6503(c)(1); and
    (4) any amendments to the strategic plan developed under section 6503.
  • 49 U.S.C. § 6503(a)
    Go to provision →
    (a) Not later than 180 days after the date of publication of the Department of Transportation Strategic Plan and not less frequently than once every 5 years thereafter, the Secretary shall develop a 5-year transportation research and development strategic plan to guide future Federal transportation research and development activities.
  • 49 U.S.C. § 6503(d)
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    (d) The Secretary shall ensure that each strategic plan developed under this section—
    (1) reflects input from a wide range of external stakeholders;
    (2) includes and integrates the research and development programs of all of the modal administrations of the Department of Transportation, including aviation, transit, rail, and maritime and joint programs;
    (3) takes into account research and development by other Federal, State, local, private sector, and nonprofit institutions;
    (4) not later than December 31, 2021, and not less frequently than once every 5 years thereafter, is published on a public website; and
    (5) takes into account how research and development by other Federal, State, private sector, and nonprofit institutions—
    (A) contributes to the achievement of the purposes identified under subsection (c)(1); and
    (B) avoids unnecessary duplication of those efforts.
  • 49 U.S.C. § 6504(a)
    Go to provision →
    (a) Not later than December 31, 2021, and not less frequently than once every 5 years thereafter, in concurrence with the applicable strategic plan under section 6503, the Secretary of Transportation shall—
    (1) conduct a review of research conducted by the Department of Transportation; and
    (2) to the maximum extent practicable and appropriate, identify modifications to laws, regulations, guidance, and other policy documents to incorporate any innovations resulting from the research described in paragraph (1) that have the potential to improve the safety or efficiency of the United States transportation system.
  • 49 U.S.C. § 6504(b)
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    (b) In conducting a review under subsection (a), the Secretary of Transportation shall—
    (1) identify any innovative practices, materials, or technologies that have demonstrable benefits to the transportation system;
    (2) determine whether the practices, materials, or technologies described in paragraph (1) require any statutory or regulatory modifications for adoption; and
    (A) if modifications are determined to be required under paragraph (2), develop—
    (i) a proposal for those modifications; and
    (ii) a description of the manner in which any such regulatory modifications would be—
    (I) incorporated into the Unified Regulatory Agenda; or
    (II) adopted into existing regulations as soon as practicable; or
    (B) if modifications are determined not to be required under paragraph (2), develop a description of the means by which the practices, materials, or technologies described in paragraph (1) will otherwise be incorporated into Department of Transportation or modal administration policy or guidance, including as part of the Technology Transfer Program of the Office of the Assistant Secretary for Research and Technology.
  • 49 U.S.C. § 6504(b)(3)(B)
    Go to provision →
    (B) if modifications are determined not to be required under paragraph (2), develop a description of the means by which the practices, materials, or technologies described in paragraph (1) will otherwise be incorporated into Department of Transportation or modal administration policy or guidance, including as part of the Technology Transfer Program of the Office of the Assistant Secretary for Research and Technology.
  • 49 U.S.C. § 6504(c)
    Go to provision →
    (c) On completion of each review under subsection (a), the Secretary of Transportation shall submit to the appropriate committees of Congress a report describing, with respect to the period covered by the report—
    (1) each new practice, material, or technology identified under subsection (b)(1); and
    (2) any statutory or regulatory modification for the adoption of such a practice, material, or technology that—
    (A) is determined to be required under subsection (b)(2); or
    (B) was otherwise made during that period.
  • 49 U.S.C. § 6701(a)(4)
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    (4) The term “Secretary” means the Secretary of Transportation.
  • 49 U.S.C. § 6701(b)
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    (b) There is established a program under which the Secretary shall provide to eligible entities grants, on a competitive basis pursuant to single-year or multiyear grant agreements, for projects described in subsection (d).
  • 49 U.S.C. § 6701(c)(1)
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    (1) To be eligible for a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.
  • 49 U.S.C. § 6701(d)
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    (d) The Secretary may provide a grant under the program only for a project—
    (1) that is—
    (A) a highway or bridge project carried out on—
    (i) the National Multimodal Freight Network established under section 70103;
    (ii) the National Highway Freight Network established under section 167 of title 23; or
    (iii) the National Highway System (as defined in section 101(a) of title 23);
    (B) a freight intermodal (including public ports) or freight rail project that provides a public benefit;
    (C) a railway-highway grade separation or elimination project;
    (D) an intercity passenger rail project;
    (E) a public transportation project that is—
    (i) eligible for assistance under chapter 53; and
    (ii) part of a project described in any of subparagraphs (A) through (D); or
    (F) a grouping, combination, or program of interrelated, connected, or dependent projects of any of the projects described in subparagraphs (A) through (E); and
    (2) the eligible project costs of which are—
    (A) reasonably anticipated to equal or exceed $500,000,000; or
    (B) for any project funded by the set-aside under subsection (m)(2)—
    (i) more than $100,000,000; but
    (ii) less than $500,000,000.
  • 49 U.S.C. § 6701(e)
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    (e) In providing grants under this section, the Secretary shall ensure among grant recipients—
    (1) geographical diversity; and
    (2) a balance between rural and urban communities.
  • 49 U.S.C. § 6701(f)(1)
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    (1) The Secretary may select a project described in subsection (d) to receive a grant under the program only if the Secretary determines that—
    (A) the project is likely to generate national or regional economic, mobility, or safety benefits;
    (B) the project is in need of significant Federal funding;
    (C) the project will be cost-effective;
    (D) with respect to related non-Federal financial commitments, 1 or more stable and dependable sources of funding and financing are available—
    (i) to construct, operate, and maintain the project; and
    (ii) to cover cost increases; and
    (E) the applicant has, or will have, sufficient legal, financial, and technical capacity to carry out the project.
  • 49 U.S.C. § 6701(f)(2)
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    (2) In awarding a grant under the program, the Secretary shall evaluate—
    (A) the extent to which a project supports achieving a state of good repair for each existing asset to be improved by the project;
    (B) the level of benefits a project is expected to generate, including—
    (i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project;
    (ii) reductions in maintenance costs over the life of the applicable asset;
    (iii) safety benefits, including the reduction of serious injuries and fatalities and related costs;
    (iv) improved person or freight throughput, including improved mobility and reliability; and
    (v) environmental benefits and health impacts, such as—
    (I) reductions in greenhouse gas emissions;
    (II) air quality benefits;
    (III) preventing stormwater runoff that would be a detriment to aquatic species; and
    (IV) improved infrastructure resilience;
    (C) the benefits of the project, as compared to the costs of the project;
    (D) the number of persons or volume of freight, as applicable, supported by the project; and
    (E) national and regional economic benefits of the project, including with respect to short- and long-term job access, growth, or creation.
  • 49 U.S.C. § 6701(f)(3)
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    (3) In selecting projects to receive grants under the program, the Secretary shall take into consideration—
    (A) contributions to geographical diversity among grant recipients, including a balance between the needs of rural and urban communities;
    (B) whether multiple States would benefit from a project;
    (C) whether, and the degree to which, a project uses—
    (i) construction materials or approaches that have—
    (I) demonstrated reductions in greenhouse gas emissions; or
    (II) reduced the need for maintenance of other projects; or
    (ii) technologies that will allow for future connectivity and automation;
    (D) whether a project would benefit—
    (i) a historically disadvantaged community or population; or
    (ii) an area of persistent poverty;
    (E) whether a project benefits users of multiple modes of transportation, including—
    (i) pedestrians;
    (ii) bicyclists; and
    (iii) users of nonvehicular rail and public transportation, including intercity and commuter rail; and
    (F) whether a project improves connectivity between modes of transportation moving persons or goods nationally or regionally.
  • 49 U.S.C. § 6701(f)(4)(A)
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    (A) In evaluating applications for a grant under the program, the Secretary shall assign the project proposed in the application a rating described in subparagraph (B), based on the information contained in the applicable notice published under paragraph (5).
  • 49 U.S.C. § 6701(f)(4)(B)(i)
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    (i) The Secretary shall assign a rating of “highly recommended” to projects that, in the determination of the Secretary—
    (I) are exemplary projects of national or regional significance; and
    (II) would provide significant public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program.
  • 49 U.S.C. § 6701(f)(4)(B)(ii)
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    (ii) The Secretary shall assign a rating of “recommended” to projects that, in the determination of the Secretary—
    (I) are of national or regional significance; and
    (II) would provide public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program.
  • 49 U.S.C. § 6701(f)(4)(B)(iii)
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    (iii) The Secretary shall assign a rating of “not recommended” to projects that, in the determination of the Secretary, should not receive a grant under the program, based on the applicable criteria described in this subsection.
  • 49 U.S.C. § 6701(f)(4)(C)(i)
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    (i) On request of an eligible entity that submitted an application under subsection (c) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project.
  • 49 U.S.C. § 6701(f)(5)
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    (5) Not later than 90 days after the date of enactment of this chapter, the Secretary shall publish and make publicly available on the website of the Department a notice that contains a detailed explanation of—
    (A) the method by which the Secretary will determine whether a project satisfies the applicable requirements described in paragraph (1);
    (B) any additional ratings the Secretary may assign to determine the means by which a project addresses the selection criteria and additional considerations described in paragraphs (2) and (3); and
    (C) the means by which the project requirements and ratings referred to in subparagraphs (A) and (B) will be used to assign an overall rating for the project under paragraph (4).
  • 49 U.S.C. § 6701(f)(5)(A)
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    (A) the method by which the Secretary will determine whether a project satisfies the applicable requirements described in paragraph (1);
  • 49 U.S.C. § 6701(f)(5)(B)
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    (B) any additional ratings the Secretary may assign to determine the means by which a project addresses the selection criteria and additional considerations described in paragraphs (2) and (3); and
  • 49 U.S.C. § 6701(f)(6)
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    (6) In awarding grants under the program, the Secretary shall give priority to projects to which the Secretary has assigned a rating of “highly recommended” under paragraph (4)(B)(i).
  • 49 U.S.C. § 6701(g)(1)(A)
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    (A) An eligible entity seeking a grant under the program shall submit to the Secretary, together with the grant application, a plan for the collection and analysis of data to identify in accordance with the framework established under paragraph (2)—
    (i) the impacts of the project; and
    (ii) the accuracy of any forecast prepared during the development phase of the project and included in the grant application.
  • 49 U.S.C. § 6701(g)(1)(B)(iii)
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    (iii) any other elements that the Secretary determines to be necessary.
  • 49 U.S.C. § 6701(g)(2)
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    (2) The Secretary may publish a standardized framework for the contents of the plans under paragraph (1), which may include, as appropriate—
    (A) standardized forecasting and measurement approaches;
    (B) data storage system requirements; and
    (C) any other requirements the Secretary determines to be necessary to carry out this section.
  • 49 U.S.C. § 6701(g)(2)(C)
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    (C) any other requirements the Secretary determines to be necessary to carry out this section.
  • 49 U.S.C. § 6701(g)(3)
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    (3) The Secretary shall require an eligible entity, as a condition of receiving funding pursuant to a multiyear grant agreement under the program, to collect additional data to measure the impacts of the project and to accurately track improvements made by the project, in accordance with a plan described in paragraph (1).
  • 49 U.S.C. § 6701(g)(4)(A)
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    (A) Before the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report providing baseline data for the purpose of analyzing the long-term impact of the project in accordance with the framework established under paragraph (2).
  • 49 U.S.C. § 6701(g)(4)(B)
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    (B) Not later than 6 years after the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report that compares the baseline data included in the report under subparagraph (A) to project data collected during the period—
    (i) beginning on the date that is 5 years after the date of completion of the project; and
    (ii) ending on the date on which the updated report is submitted.
  • 49 U.S.C. § 6701(h)(2)
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    (2) The interest and other financing costs of carrying out any part of a project under a multiyear grant agreement within a reasonable period of time shall be considered to be an eligible project cost only if the applicable eligible entity certifies to the Secretary that the eligible entity has demonstrated reasonable diligence in seeking the most favorable financing terms.
  • 49 U.S.C. § 6701(j)(4)
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    (4) The Secretary may only provide to an eligible entity a full grant under the program in a single year if all reviews required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the applicable project have been completed before the receipt of any program funds.
  • 49 U.S.C. § 6701(k)(1)
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    (1) Not later than 30 days before the date on which the Secretary publishes the selection of projects to receive grants under the program, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice that includes—
    (A) a list of all project applications reviewed by the Secretary as part of the selection process;
    (B) the rating assigned to each project under subsection (f)(4);
    (C) an evaluation and justification with respect to each project for which the Secretary will—
    (i) provide a grant under the program; and
    (ii) enter into a multiyear grant agreement under the program;
    (D) a description of the means by which the Secretary anticipates allocating among selected projects the amounts made available to the Secretary to carry out the program; and
    (E) anticipated funding levels required for the 3 fiscal years beginning after the date of submission of the notice for projects selected for grants under the program, based on information available to the Secretary as of that date.
  • 49 U.S.C. § 6701(k)(1)(A)
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    (A) a list of all project applications reviewed by the Secretary as part of the selection process;
  • 49 U.S.C. § 6701(k)(1)(C)
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    (C) an evaluation and justification with respect to each project for which the Secretary will—
    (i) provide a grant under the program; and
    (ii) enter into a multiyear grant agreement under the program;
  • 49 U.S.C. § 6701(k)(1)(D)
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    (D) a description of the means by which the Secretary anticipates allocating among selected projects the amounts made available to the Secretary to carry out the program; and
  • 49 U.S.C. § 6701(k)(1)(E)
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    (E) anticipated funding levels required for the 3 fiscal years beginning after the date of submission of the notice for projects selected for grants under the program, based on information available to the Secretary as of that date.
  • 49 U.S.C. § 6701(k)(2)
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    (2) The Secretary may not provide a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 30-day period described in paragraph (1).
  • 49 U.S.C. § 6701(l)(1)
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    (1) Not later than 60 days after the date on which the grants are announced under the program, the Secretary shall publish on the website of the Department a report that includes—
    (A) a list of all project applications reviewed by the Secretary as part of the selection process under the program;
    (B) the rating assigned to each project under subsection (f)(4); and
    (C) a description of each project for which a grant has been provided under the program.
  • 49 U.S.C. § 6701(l)(1)(A)
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    (A) a list of all project applications reviewed by the Secretary as part of the selection process under the program;
  • 49 U.S.C. § 6701(m)(1)
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    (1) There is authorized to be appropriated to the Secretary to carry out the program $2,000,000,000 for each of fiscal years 2022 through 2026.
  • 49 U.S.C. § 6701(m)(3)
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    (3) Of the amounts made available to carry out the program for each fiscal year, the Secretary may reserve not more than 2 percent for the costs of—
    (A) administering and overseeing the program; and
    (B) hiring personnel for the program, including personnel dedicated to processing permitting and environmental review issues.
  • 49 U.S.C. § 6701(m)(4)
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    (4) The Secretary may transfer any portion of the amounts reserved under paragraph (3) for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants in accordance with this section.
  • 49 U.S.C. § 6701(n)(2)
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    (2) The Secretary shall, with respect to a project funded by a grant under this section, apply—
    (A) the requirements of title 23 to a highway, road, or bridge project;
    (B) the requirements of chapter 53 to a transit project; and
    (C) the requirements of section 22905 to a rail project.
  • 49 U.S.C. § 6701(n)(3)(A)
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    (A) Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—
    (i) determine the predominant modal component of the project; and
    (ii) apply the applicable requirements described in paragraph (2) of the predominant modal component to the project.
  • 49 U.S.C. § 6702(a)(3)(H)
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    (H) any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goal of the program.
  • 49 U.S.C. § 6702(a)(6)
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    (6) The term “Secretary” means the Secretary of Transportation.
  • 49 U.S.C. § 6702(b)(1)
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    (1) The Secretary shall establish and carry out a program, to be known as the “Local and Regional Project Assistance Program”, to provide for capital investments in surface transportation infrastructure.
  • 49 U.S.C. § 6702(c)(1)
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    (1) In carrying out the program, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section.
  • 49 U.S.C. § 6702(d)(1)
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    (1) Not later than 60 days after the date on which funds are made available to carry out the program, the Secretary shall publish a notice of funding opportunity for the funds.
  • 49 U.S.C. § 6702(d)(2)
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    (2) To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application—
    (A) in such form and containing such information as the Secretary considers to be appropriate; and
    (B) by such date as the Secretary may establish, subject to the condition that the date shall be not later than 90 days after the date on which the Secretary issues the solicitation under paragraph (1).
  • 49 U.S.C. § 6702(d)(2)(A)
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    (A) in such form and containing such information as the Secretary considers to be appropriate; and
  • 49 U.S.C. § 6702(d)(2)(B)
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    (B) by such date as the Secretary may establish, subject to the condition that the date shall be not later than 90 days after the date on which the Secretary issues the solicitation under paragraph (1).
  • 49 U.S.C. § 6702(d)(3)
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    (3) In awarding grants under the program, the Secretary shall evaluate the extent to which a project—
    (A) improves safety;
    (B) improves environmental sustainability;
    (C) improves the quality of life of rural areas or urbanized areas;
    (D) increases economic competitiveness and opportunity, including increasing tourism opportunities;
    (E) contributes to a state of good repair; and
    (F) improves mobility and community connectivity.
  • 49 U.S.C. § 6702(d)(4)
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    (4) In selecting projects to receive grants under the program, the Secretary shall take into consideration the extent to which—
    (A) the project sponsors collaborated with other public and private entities;
    (B) the project adopts innovative technologies or techniques, including—
    (i) innovative technology;
    (ii) innovative project delivery techniques; and
    (iii) innovative project financing;
    (C) the project has demonstrated readiness; and
    (D) the project is cost effective.
  • 49 U.S.C. § 6702(d)(5)(A)
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    (A) The Secretary, shall evaluate, through a methodology that is discernible and transparent to the public, the means by which each application submitted under paragraph (2) addresses the criteria under paragraphs (3) and (4) or otherwise established by the Secretary.
  • 49 U.S.C. § 6702(d)(5)(B)
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    (B) The methodology under subparagraph (A) shall be published by the Secretary as part of the notice of funding opportunity under the program.
  • 49 U.S.C. § 6702(d)(6)
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    (6) Not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall announce the selection by the Secretary of eligible projects to receive the grants in accordance with this section.
  • 49 U.S.C. § 6702(d)(7)(A)
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    (A) On request of an eligible entity that submitted an application under paragraph (2) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project.
  • 49 U.S.C. § 6702(e)(2)
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    (2) The Federal share of the cost of an eligible project carried out in a rural area, a historically disadvantaged community, or an area of persistent poverty using a grant under this subsection may exceed 80 percent, at the discretion of the Secretary.
  • 49 U.S.C. § 6702(f)(3)
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    (3) In selecting projects to receive grants under the program, the Secretary shall take into consideration geographical and modal diversity.
  • 49 U.S.C. § 6702(h)
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    (h) Of the amounts made available to carry out the program for each fiscal year, the Secretary may transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants and credit assistance in accordance with this section.
  • 49 U.S.C. § 6702(i)(1)
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    (1) Subject to paragraph (2), at the request of an eligible entity, the Secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium, and the administrative costs, of an eligible project that is eligible for Federal credit assistance under—
    (A) chapter 224; or
    (B) chapter 6 of title 23.
  • 49 U.S.C. § 6702(k)(1)
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    (1) The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that describes each eligible project for which a grant was provided under the program during that fiscal year.
  • 49 U.S.C. § 6703(a)(4)
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    (4) The term “Secretary” means the Secretary of Transportation.
  • 49 U.S.C. § 6703(b)
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    (b) The Secretary, in consultation with the Undersecretary, shall establish an annual competitive grant program to award grants to eligible entities for projects for the replacement, removal, and repair of culverts or weirs that—
    (1) would meaningfully improve or restore fish passage for anadromous fish; and
    (2) with respect to weirs, may include—
    (A) infrastructure to facilitate fish passage around or over the weir; and
    (B) weir improvements.
  • 49 U.S.C. § 6703(d)
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    (d) The Secretary, in consultation with the Undersecretary and the Director, shall establish a process for determining criteria for awarding grants under the program, subject to subsection (e).
  • 49 U.S.C. § 6703(e)
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    (e) The Secretary, in consultation with the Undersecretary and the Director, shall establish procedures to prioritize awarding grants under the program to—
    (1) projects that would improve fish passage for—
    (A) anadromous fish stocks listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533);
    (B) anadromous fish stocks identified by the Undersecretary or the Director that could reasonably become listed as an endangered species or a threatened species under that section;
    (C) anadromous fish stocks identified by the Undersecretary or the Director as prey for endangered species, threatened species, or protected species, including Southern resident orcas (Orcinus orcas); or
    (D) anadromous fish stocks identified by the Undersecretary or the Director as climate resilient stocks; and
    (2) projects that would open up more than 200 meters of upstream habitat before the end of the natural habitat.
  • 49 U.S.C. § 6703(g)
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    (g) The Secretary, in consultation with the Undersecretary and the Director, shall develop a process to provide technical assistance to Indian Tribes and underserved communities to assist in the project design and grant process and procedures.
  • 49 U.S.C. § 6703(h)
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    (h) Of the amounts made available for each fiscal year to carry out the program, the Secretary, the Undersecretary, and the Director may use not more than 2 percent to pay the administrative expenses necessary to carry out this section.

Citations to §5102(12)

Citations to §5102(14)