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### §321. National Highway Institute

(a) Establishment; Duties; Programs.—

(1) Establishment.—The Secretary shall establish and operate in the Federal Highway Administration a National Highway Institute (hereinafter in this section referred to as the “Institute”).

(2) Duties.—The Institute shall develop and administer, in cooperation with the State transportation or highway departments, and any national or international entity, training programs of instruction for Federal Highway Administration, State and local transportation and highway department employees, State and local police, public safety and motor vehicle employees, and United States citizens and foreign nationals engaged or to be engaged in highway work of interest to the United States. The Secretary shall administer, through the Institute, the authority vested in the Secretary by this title or by any other provision of law for the development and conduct of education and training programs relating to highways.

(3) Types of programs.—Programs which the Institute may develop and administer may include courses in modern developments, techniques, management, and procedures relating to highway planning, environmental factors, acquisition of rights-of-way, relocation assistance, engineering, safety, construction, maintenance, contract administration, motor carrier activities, and inspection.

(b) Set-Aside; Federal Share.—Not to exceed 1/16 of 1 percent of all funds apportioned to a State under section 104(b)(3) for the surface transportation program shall be available for expenditure by the State highway department for payment of not to exceed 80 percent of the cost of tuition and direct educational expenses (but not travel, subsistence, or salaries) in connection with the education and training of State and local highway department employees as provided in this section.

(c) Federal Responsibility.—Education and training of Federal, State, and local highway employees authorized by this section shall be provided—

(1) by the Secretary at no cost to the States and local governments for those subject areas which are a Federal program responsibility; or

(2) in any case in which education and training are to be paid for under subsection (b), by the State (subject to the approval of the Secretary) through grants and contracts with public and private agencies, institutions, individuals, and the Institute; except that private agencies and individuals shall pay the full cost of any education and training received by them.

(d) Training Fellowships; Cooperation.—The Institute is authorized, subject to approval of the Secretary, to engage in all phases of contract authority for training purposes authorized by this section, including the granting of training fellowships. The Institute is also authorized to carry out its authority independently or in cooperation with any other branch of the Government, State agency, authority, association, institution, corporation (profit or nonprofit), any other national or international entity, or any other person.

(e) Collection of Fees.—

(1) General rule.—The Institute may, in accordance with this subsection, assess and collect fees solely to defray the costs of the Institute in developing and administering education and training programs under this section.

(2) Limitation.—Fees may be assessed and collected under this subsection only in a manner which may reasonably be expected to result in the collection of fees during any fiscal year in an aggregate amount which does not exceed the aggregate amount of the costs referred to in paragraph (1) for the fiscal year.

(3) Persons subject to fees.—Fees may be assessed and collected under this subsection only with respect to—

(A) persons and entities for whom education or training programs are developed or administered under this section; and

(B) persons and entities to whom education or training is provided under this section.

(4) Amount of fees.—The fees assessed and collected under this subsection shall be established in a manner which ensures that the liability of any person or entity for a fee is reasonably based on the proportion of the costs referred to in paragraph (1) which relate to such person or entity.

(f) Funds.—The funds required to carry out this section may be from the sums deducted for administration purposes under section 104(a). The sums provided pursuant to this subsection may be combined or held separate from the fees or memberships collected under subsection (e) and may be administered by the Secretary as a fund which shall be available until expended. There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $2,500,000 for the period of October 1, 1997, through March 31, 1998, and such funds shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs.

(g) Contracts.—The provisions of section 3709 of the Revised Statutes (41 U.S.C. 5) shall not be applicable to contracts or agreements made under the authority of this section.

(Added Pub. L. 91–605, title I, §115(a), Dec. 31, 1970, 84 Stat. 1723; amended Pub. L. 96–106, §11, Nov. 9, 1979, 93 Stat. 798; Pub. L. 100–17, title I, §131, Apr. 2, 1987, 101 Stat. 170; Pub. L. 102–240, title VI, §6002, Dec. 18, 1991, 105 Stat. 2166; Pub. L. 105–130, §5(e)(3), Dec. 1, 1997, 111 Stat. 2557.)

#### Amendments

1997—Subsec. (f). Pub. L. 105–130 inserted at end “There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $2,500,000 for the period of October 1, 1997, through March 31, 1998, and such funds shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs.”

1991—Pub. L. 102–240 amended section generally, revising and expanding existing subsecs. (a) to (c) and adding subsecs. (d) to (g).

1987—Subsecs. (b), (c). Pub. L. 100–17 amended subsecs. (b) and (c) generally. Prior to amendment, subsecs. (b) and (c) read as follows:

“(b) Not to exceed one-half of 1 per centum of all funds apportioned for any fiscal year beginning after June 30, 1970, to any State under paragraphs (1), (2), and (6) of section 104(b) of this title shall be available for expenditure by the State highway department, subject to approval by the Secretary, for payment of not to exceed 75 per centum of the cost of tuition and direct educational expenses (but not travel, subsistence, or salaries) in connection with the education and training of State and local highway department employees as provided in this section.

“(c) Education and training of Federal, State, and local highway employees authorized by this section may be provided by the Secretary, or, in the case where such education and training is to be paid for under subsection (b) of this section, by the State, subject to the approval of the Secretary, through grants and contracts with public and private agencies, institutions and individuals.”

1979—Subsec. (b). Pub. L. 96–106 substituted “paragraphs (1), (2),” for “paragraphs (1), (2), (3)” and “75 per centum” for “70 per centum”.