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§ 504. —  Training and education.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 23USC504]

 
                           TITLE 23--HIGHWAYS
 
                   CHAPTER 5--RESEARCH AND TECHNOLOGY
 
Sec. 504. Training and education

    (a) National Highway Institute.--
        (1) In general.--The Secretary shall operate in the Federal 
    Highway Administration a National Highway Institute (in this 
    subsection referred to as the ``Institute''). The Secretary shall 
    administer, through the Institute, the authority vested in the 
    Secretary by this title or by any other law for the development and 
    conduct of education and training programs relating to highways.
        (2) Duties of the institute.--In cooperation with State 
    transportation departments, United States industry, and any national 
    or international entity, the Institute shall develop and administer 
    education and training programs of instruction for--
            (A) Federal Highway Administration, State, and local 
        transportation agency employees;
            (B) regional, State, and metropolitan planning 
        organizations;
            (C) State and local police, public safety, and motor vehicle 
        employees; and
            (D) United States citizens and foreign nationals engaged or 
        to be engaged in surface transportation work of interest to the 
        United States.

        (3) Courses.--The Institute may develop and administer courses 
    in modern developments, techniques, methods, regulations, 
    management, and procedures relating to surface transportation, 
    environmental mitigation and compliance, acquisition of rights-of-
    way, relocation assistance, engineering, safety, construction, 
    maintenance and operations, contract administration, motor carrier 
    safety activities, inspection, and highway finance.
        (4) Set-aside; federal share.--Not to exceed \1/2\ of 1 percent 
    of the funds apportioned to a State under section 104(b)(3) for the 
    surface transportation program shall be available for expenditure by 
    the State transportation department for the payment of not to exceed 
    80 percent of the cost of tuition and direct educational expenses 
    (excluding salaries) in connection with the education and training 
    of employees of State and local transportation agencies in 
    accordance with this subsection.
        (5) Federal responsibility.--
            (A) In general.--Except as provided in subparagraph (B), 
        education and training of employees of Federal, State, and local 
        transportation (including highway) agencies authorized under 
        this subsection may be provided--
                (i) by the Secretary at no cost to the States and local 
            governments if the Secretary determines that provision at no 
            cost is in the public interest; or
                (ii) by the State through grants, cooperative 
            agreements, and contracts with public and private agencies, 
            institutions, individuals, and the Institute.

            (B) Payment of full cost by private persons.--Private 
        agencies, international or foreign entities, and individuals 
        shall pay the full cost of any education and training received 
        by them unless the Secretary determines that a lower cost is of 
        critical importance to the public interest.

        (6) Training fellowships; cooperation.--The Institute may--
            (A) engage in training activities authorized under this 
        subsection, including the granting of training fellowships; and
            (B) carry out its authority independently or in cooperation 
        with any other branch of the Federal Government or any State 
        agency, authority, association, institution, for-profit or 
        nonprofit corporation, other national or international entity, 
        or other person.

        (7) Collection of fees.--
            (A) General rule.--In accordance with this subsection, the 
        Institute may assess and collect fees solely to defray the costs 
        of the Institute in developing or administering education and 
        training programs under this subsection.
            (B) Limitation.--Fees may be assessed and collected under 
        this subsection only in a manner that may reasonably be expected 
        to result in the collection of fees during any fiscal year in an 
        aggregate amount that does not exceed the aggregate amount of 
        the costs referred to in subparagraph (A) for the fiscal year.
            (C) Persons subject to fees.--Fees may be assessed and 
        collected under this subsection only with respect to--
                (i) persons and entities for whom education or training 
            programs are developed or administered under this 
            subsection; and
                (ii) persons and entities to whom education or training 
            is provided under this subsection.

            (D) Amount of fees.--The fees assessed and collected under 
        this subsection shall be established in a manner that ensures 
        that the liability of any person or entity for a fee is 
        reasonably based on the proportion of the costs referred to in 
        subparagraph (A) that relate to the person or entity.
            (E) Use.--All fees collected under this subsection shall be 
        used to defray costs associated with the development or 
        administration of education and training programs authorized 
        under this subsection.

        (8) Relation to fees.--The funds made available to carry out 
    this subsection may be combined with or held separate from the fees 
    collected under paragraph (7).

    (b) Local Technical Assistance Program.--
        (1) Authority.--The Secretary shall carry out a local technical 
    assistance program that will provide access to surface 
    transportation technology to--
            (A) highway and transportation agencies in urbanized areas 
        with populations of between 50,000 and 1,000,000 individuals;
            (B) highway and transportation agencies in rural areas; and
            (C) contractors that do work for the agencies.

        (2) Grants, cooperative agreements, and contracts.--The 
    Secretary may make grants and enter into cooperative agreements and 
    contracts to provide education and training, technical assistance, 
    and related support services to--
            (A) assist rural, local transportation agencies and tribal 
        governments, and the consultants and construction personnel 
        working for the agencies and governments, to--
                (i) develop and expand their expertise in road and 
            transportation areas (including pavement, bridge, concrete 
            structures, safety management systems, and traffic safety 
            countermeasures);
                (ii) improve roads and bridges;
                (iii) enhance--
                    (I) programs for the movement of passengers and 
                freight; and
                    (II) intergovernmental transportation planning and 
                project selection; and

                (iv) deal effectively with special transportation-
            related problems by preparing and providing training 
            packages, manuals, guidelines, and technical resource 
            materials;

            (B) develop technical assistance for tourism and 
        recreational travel;
            (C) identify, package, and deliver transportation technology 
        and traffic safety information to local jurisdictions to assist 
        urban transportation agencies in developing and expanding their 
        ability to deal effectively with transportation-related 
        problems;
            (D) operate, in cooperation with State transportation 
        departments and universities--
                (i) local technical assistance program centers 
            designated to provide transportation technology transfer 
            services to rural areas and to urbanized areas with 
            populations of between 50,000 and 1,000,000 individuals; and
                (ii) local technical assistance program centers 
            designated to provide transportation technical assistance to 
            Indian tribal governments; and

            (E) allow local transportation agencies and tribal 
        governments, in cooperation with the private sector, to enhance 
        new technology implementation.

    (c) Research Fellowships.--
        (1) General authority.--The Secretary, acting either 
    independently or in cooperation with other Federal departments, 
    agencies, and instrumentalities, may make grants for research 
    fellowships for any purpose for which research is authorized by this 
    chapter.
        (2) Dwight david eisenhower transportation fellowship program.--
    The Secretary shall establish and implement a transportation 
    research fellowship program for the purpose of attracting qualified 
    students to the field of transportation. The program shall be known 
    as the ``Dwight David Eisenhower Transportation Fellowship 
    Program''.

(Added Pub. L. 105-178, title V, Sec. 5104, June 9, 1998, 112 Stat. 
429.)


                            Prior Provisions

    A prior section 504, added Pub. L. 90-495, Sec. 30, Aug. 23, 1968, 
82 Stat. 831, related to Federal reimbursement for highway relocation 
assistance, prior to repeal by Pub. L. 91-646, title II, 
Sec. 220(a)(10), Jan. 2, 1971, 84 Stat. 1903.

                  Section Referred to in Other Sections

    This section is referred to in section 204 of this title; title 49 
section 5505.



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