PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 2167 maintenance, contract administration, motor carrier activities, and inspection. "(b) SET-ASIDE; FEDERAL SHARE. —Not to exceed Vie 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
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