§ 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.